Public Act 90-0014 of the 90th General Assembly

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90th General Assembly

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Public Act 90-0014

HB1269 Enrolled                                LRB9001000EGfg

    AN ACT to revise the law by combining multiple enactments
and making technical corrections.

    Be it enacted by the People of  the  State  of  Illinois,
represented in the General Assembly:

                          ARTICLE 1
                     GENERAL PROVISIONS

    Section  1-1.  This  Act  may  be cited as the First 1997
General Revisory Act.

    Section 1-2.  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.
    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.

    Section  1-3.  This  Act  is  divided  into the following
Articles:
    ARTICLE 1. General Provisions.
    ARTICLE 2. Combining Revisories.
    ARTICLE 3. Technical Corrections.
    ARTICLE 4. Effective Date and Nonacceleration.

                          ARTICLE 2
                    COMBINING REVISORIES

    Section 2-1. This Article revises and, where appropriate,
renumbers certain Sections that have been added or amended by
more than one Public Act.  This Article also corrects errors,
revises cross-references, and deletes obsolete text in  those
Sections.   Public Acts 89-443 through 89-707 were considered
in the preparation of this Article.

    (5 ILCS 80/4.8a rep.)
    Section 2-5.  The Regulatory Agency Sunset Act is amended
by repealing Section 4.8a.

    Section  2-10.   The  Regulatory  Agency  Sunset  Act  is
amended by changing Section 4.9 as follows:

    (5 ILCS 80/4.9) (from Ch. 127, par. 1904.9)
    Sec. 4.9.  The following Acts are repealed  December  31,
1997:
    The Podiatric Medical Practice Act of 1987.
    The    Nursing    Home   Administrators   Licensing   and
Disciplinary Act.
    The Physician Assistant Practice Act of 1987.
    The Illinois Nursing Act of 1987.
    The Clinical Social Work and Social Work Practice Act.
    The  Illinois  Speech-Language  Pathology  and  Audiology
Practice Act.
    The Marriage and Family Therapy Licensing Act.
(Source: P.A. 89-702,  eff.  7-1-97;  89-706,  eff.  1-31-97;
revised 2-7-97.)

    Section 2-15.  The Illinois Public Labor Relations Act is
amended by changing Section 3 as follows:
    (5 ILCS 315/3) (from Ch. 48, par. 1603)
    Sec.  3.  Definitions.   As  used in this Act, unless the
context otherwise requires:
    (a)  "Board"  or  "Governing  Board"  means  either   the
Illinois  State  Labor  Relations Board or the Illinois Local
Labor Relations Board.
    (b)  "Collective bargaining" means bargaining over  terms
and  conditions  of  employment,  including hours, wages, and
other conditions of employment, as detailed in Section 7  and
which are not excluded by Section 4.
    (c)  "Confidential  employee"  means  an employee who, in
the regular course of his or her duties, assists and acts  in
a  confidential capacity to persons who formulate, determine,
and effectuate  management  policies  with  regard  to  labor
relations or who, in the regular course of his or her duties,
has   authorized   access  to  information  relating  to  the
effectuation  or  review   of   the   employer's   collective
bargaining policies.
    (d)  "Craft  employees"  means skilled journeymen, crafts
persons, and their apprentices and helpers.
    (e)  "Essential services employees"  means  those  public
employees   performing   functions   so  essential  that  the
interruption or termination of the function will constitute a
clear and present danger to the  health  and  safety  of  the
persons in the affected community.
    (f)  "Exclusive  representative",  except with respect to
non-State fire  fighters  and  paramedics  employed  by  fire
departments  and  fire  protection districts, non-State peace
officers, and peace  officers  in  the  Department  of  State
Police,  means  the  labor  organization  that  has  been (i)
designated by the Board as the representative of  a  majority
of  public  employees  in  an  appropriate bargaining unit in
accordance with the procedures contained in  this  Act,  (ii)
historically  recognized  by  the  State  of  Illinois or any
political subdivision of the State before July 1,  1984  (the
effective  date  of this Act) as the exclusive representative
of the employees in an appropriate bargaining unit, or  (iii)
after   July  1,  1984  (the  effective  date  of  this  Act)
recognized by an employer upon evidence,  acceptable  to  the
Board, that the labor organization has been designated as the
exclusive representative by a majority of the employees in an
appropriate bargaining unit.
    With  respect  to  non-State fire fighters and paramedics
employed by fire departments and fire  protection  districts,
non-State   peace   officers,   and  peace  officers  in  the
Department of State Police, "exclusive representative"  means
the  labor  organization  that has been (i) designated by the
Board as the representative of a majority of  peace  officers
or  fire  fighters  in  an  appropriate  bargaining  unit  in
accordance  with  the  procedures contained in this Act, (ii)
historically recognized by  the  State  of  Illinois  or  any
political  subdivision  of  the  State before January 1, 1986
(the effective date of this amendatory Act of  1985)  as  the
exclusive  representative by a majority of the peace officers
or fire fighters in an appropriate bargaining unit, or  (iii)
after  January 1, 1986 (the effective date of this amendatory
Act  of  1985)  recognized  by  an  employer  upon  evidence,
acceptable to the Board, that the labor organization has been
designated as the exclusive representative by a  majority  of
the  peace  officers  or  fire  fighters  in  an  appropriate
bargaining unit.
    (g)  "Fair  share  agreement"  means an agreement between
the employer and an employee organization under which all  or
any  of  the  employees  in  a collective bargaining unit are
required to pay their proportionate share of the costs of the
collective bargaining process, contract  administration,  and
pursuing matters affecting wages, hours, and other conditions
of employment, but not to exceed the amount of dues uniformly
required  of  members.  The amount certified by the exclusive
representative shall not include any fees  for  contributions
related  to  the  election  or  support  of any candidate for
political  office.  Nothing  in  this  subsection  (g)  shall
preclude  an  employee  from   making   voluntary   political
contributions  in  conjunction  with  his  or  her fair share
payment.
    (g-1)  "Fire fighter" means, for the purposes of this Act
only, any person who has been or is hereafter appointed to  a
fire  department or fire protection district or employed by a
state university and sworn or commissioned  to  perform  fire
fighter duties or paramedic duties, except that the following
persons are not included: part-time fire fighters, auxiliary,
reserve  or  voluntary  fire fighters, including paid on-call
fire fighters,  clerks  and  dispatchers  or  other  civilian
employees  of  a  fire department or fire protection district
who are  not  routinely  expected  to  perform  fire  fighter
duties, or elected officials.
    (g-2)  "General  Assembly of the State of Illinois" means
the legislative branch of the  government  of  the  State  of
Illinois,   as   provided   for   under  Article  IV  of  the
Constitution of the State of Illinois, and  includes  but  is
not  limited to the House of Representatives, the Senate, the
Speaker of the House of Representatives, the Minority  Leader
of the House of Representatives, the President of the Senate,
the  Minority  Leader  of  the Senate, the Joint Committee on
Legislative Support  Services  and  any  legislative  support
services   agency   listed   in  the  Legislative  Commission
Reorganization Act of 1984.
    (h)  "Governing body" means, in the case  of  the  State,
the   State  Labor  Relations  Board,  the  Director  of  the
Department of Central Management Services, and  the  Director
of the Department of Labor; the county board in the case of a
county;   the   corporate   authorities  in  the  case  of  a
municipality; and the appropriate body authorized to  provide
for  expenditures  of its funds in the case of any other unit
of government.
    (i)  "Labor organization" means any organization in which
public employees participate and that exists for the purpose,
in whole or in  part,  of  dealing  with  a  public  employer
concerning  wages,  hours,  and other terms and conditions of
employment, including the settlement of grievances.
    (j)  "Managerial employee" means  an  individual  who  is
engaged  predominantly  in executive and management functions
and is charged  with  the  responsibility  of  directing  the
effectuation of management policies and practices.
    (k)  "Peace  officer" means, for the purposes of this Act
only, any persons who have been or are hereafter appointed to
a  police  force,  department,  or  agency   and   sworn   or
commissioned  to  perform  police  duties,  except  that  the
following   persons   are   not  included:  part-time  police
officers,  special  police  officers,  auxiliary  police   as
defined  by Section 3.1-30-20 of the Illinois Municipal Code,
night watchmen, "merchant police", court security officers as
defined by Section 3-6012.1 of the Counties  Code,  temporary
employees,  traffic guards or wardens, civilian parking meter
and  parking  facilities  personnel  or   other   individuals
specially  appointed  to  aid  or  direct  traffic at or near
schools or public functions or to aid  in  civil  defense  or
disaster,   parking   enforcement   employees   who  are  not
commissioned as peace officers and who are not armed and  who
are  not  routinely  expected  to effect arrests, parking lot
attendants,  clerks  and  dispatchers   or   other   civilian
employees  of  a  police  department  who  are  not routinely
expected to effect arrests, or elected officials.
    (l)  "Person" includes one  or  more  individuals,  labor
organizations,  public employees, associations, corporations,
legal  representatives,  trustees,  trustees  in  bankruptcy,
receivers,  or  the  State  of  Illinois  or  any   political
subdivision  of  the  State  or  governing body, but does not
include the General Assembly of the State of Illinois or  any
individual  employed  by the General Assembly of the State of
Illinois.
    (m)  "Professional employee" means any  employee  engaged
in  work  predominantly  intellectual and varied in character
rather than routine mental, manual,  mechanical  or  physical
work;  involving  the  consistent  exercise of discretion and
adjustment in its performance; of such a character  that  the
output   produced   or  the  result  accomplished  cannot  be
standardized in relation to  a  given  period  of  time;  and
requiring  advanced  knowledge  in  a  field  of  science  or
learning  customarily  acquired  by  a  prolonged  course  of
specialized   intellectual   instruction   and  study  in  an
institution  of   higher   learning   or   a   hospital,   as
distinguished  from  a  general  academic  education  or from
apprenticeship or from training in the performance of routine
mental, manual, or physical processes; or  any  employee  who
has   completed   the  courses  of  specialized  intellectual
instruction and study prescribed in this subsection  (m)  and
is  performing  related  work  under  the  supervision  of  a
professional  person  to  qualify  to  become  a professional
employee as defined in this subsection (m).
    (n)  "Public employee" or "employee", for the purposes of
this Act, means any individual employed by a public employer,
including interns and  residents  at  public  hospitals,  but
excluding  all  of  the  following:  employees of the General
Assembly  of  the  State  of  Illinois;  elected   officials;
executive  heads  of  a  department;  members  of  boards  or
commissions;  employees  of  any  agency, board or commission
created by this Act; employees appointed to  State  positions
of  a  temporary or emergency nature; all employees of school
districts   and   higher   education   institutions    except
firefighters   and   peace   officers  employed  by  a  state
university;  managerial  employees;   short-term   employees;
confidential    employees;   independent   contractors;   and
supervisors except as provided in this Act.
    Notwithstanding Section 9, subsection (c), or  any  other
provisions  of this Act, all peace officers above the rank of
captain  in   municipalities   with   more   than   1,000,000
inhabitants shall be excluded from this Act.
    (o)  "Public  employer"  or "employer" means the State of
Illinois; any political subdivision of  the  State,  unit  of
local  government  or  school district; authorities including
departments,  divisions,  bureaus,  boards,  commissions,  or
other agencies of the  foregoing  entities;  and  any  person
acting  within  the scope of his or her authority, express or
implied, on behalf of those  entities  in  dealing  with  its
employees.  "Public  employer"  or "employer" as used in this
Act, however, does not mean and shall not include the General
Assembly of the State of Illinois and  educational  employers
or  employers  as  defined  in the Illinois Educational Labor
Relations Act, except with respect to a state  university  in
its  employment  of  firefighters  and peace officers. County
boards and county sheriffs shall be designated  as  joint  or
co-employers  of  county  peace  officers appointed under the
authority of a county sheriff.  Nothing  in  this  subsection
(o)  shall  be  construed  to  prevent the State Board or the
Local Board from determining  that  employers  are  joint  or
co-employers.
    (p)  "Security   employee"   means  an  employee  who  is
responsible for the supervision and  control  of  inmates  at
correctional   facilities.   The  term  also  includes  other
non-security  employees  in  bargaining  units   having   the
majority  of  employees being responsible for the supervision
and control of inmates at correctional facilities.
    (q)  "Short-term  employee"  means  an  employee  who  is
employed for less that 2 consecutive calendar quarters during
a calendar year and who does not have a reasonable  assurance
that  he  or she will be rehired by the same employer for the
same service in a subsequent calendar year.
    (r)  "Supervisor" is an employee whose principal work  is
substantially  different from that of his or her subordinates
and who has authority, in the interest of  the  employer,  to
hire, transfer, suspend, lay off, recall, promote, discharge,
direct,  reward,  or  discipline  employees,  to adjust their
grievances, or to effectively recommend any of those actions,
if the exercise of that authority is not of a merely  routine
or  clerical  nature,  but  requires  the  consistent  use of
independent  judgment.  Except   with   respect   to   police
employment,   the   term  "supervisor"  includes  only  those
individuals who devote a preponderance  of  their  employment
time   to   exercising   that  authority,  State  supervisors
notwithstanding.  In  addition,  in  determining  supervisory
status in police employment, rank shall not be determinative.
The  Board  shall  consider,  as  evidence of bargaining unit
inclusion or exclusion, the common law  enforcement  policies
and   relationships   between   police   officer   ranks  and
certification under applicable civil service law, ordinances,
personnel codes,  or  Division  2.1  of  Article  10  of  the
Illinois  Municipal  Code, but these factors shall not be the
sole or  predominant  factors  considered  by  the  Board  in
determining police supervisory status.
    Notwithstanding   the   provisions   of   the   preceding
paragraph,  in determining supervisory status in fire fighter
employment, no fire fighter shall be excluded as a supervisor
who has established representation rights under Section 9  of
this  Act.   Further,  in  new  fire fighter units, employees
shall consist of fire fighters of the rank of company officer
and below. If a company  officer  otherwise  qualifies  as  a
supervisor  under the preceding paragraph, however, he or she
shall not be included in the fire fighter unit.  If there  is
no  rank  between  that  of  chief  and  the  highest company
officer, the employer may designate a position on each  shift
as  a  Shift  Commander,  and  the  persons  occupying  those
positions  shall  be supervisors.  All other ranks above that
of company officer shall be supervisors.
    (s) (1)  "Unit" means a class of jobs or  positions  that
are held by employees whose collective interests may suitably
be   represented  by  a  labor  organization  for  collective
bargaining.  Except with respect to non-State  fire  fighters
and   paramedics   employed  by  fire  departments  and  fire
protection districts, non-State  peace  officers,  and  peace
officers in the Department of State Police, a bargaining unit
determined  by the Board shall not include both employees and
supervisors, or  supervisors  only,  except  as  provided  in
paragraph   (2)   of  this  subsection  (s)  and  except  for
bargaining units in existence on July 1, 1984 (the  effective
date  of  this Act).  With respect to non-State fire fighters
and  paramedics  employed  by  fire  departments   and   fire
protection  districts,  non-State  peace  officers, and peace
officers in the Department of State Police, a bargaining unit
determined by the Board shall not  include  both  supervisors
and  nonsupervisors,  or supervisors only, except as provided
in paragraph (2)  of  this  subsection  (s)  and  except  for
bargaining  units  in  existence  on  January  1,  1986  (the
effective date of this amendatory Act of 1985).  A bargaining
unit  determined by the Board to contain peace officers shall
contain  no  employees  other  than  peace  officers   unless
otherwise   agreed   to   by   the  employer  and  the  labor
organization     or     labor     organizations     involved.
Notwithstanding any other provision of this Act, a bargaining
unit, including  a  historical  bargaining  unit,  containing
sworn  peace  officers of the Department of Natural Resources
(formerly designated the Department  of  Conservation)  shall
contain  no  employees  other  than such sworn peace officers
upon the effective date of this amendatory  Act  of  1990  or
upon   the  expiration  date  of  any  collective  bargaining
agreement  in  effect  upon  the  effective  date   of   this
amendatory  Act  of  1990  covering  both  such  sworn  peace
officers and other employees.
    (2)  Notwithstanding  the  exclusion  of supervisors from
bargaining  units  as  provided  in  paragraph  (1)  of  this
subsection (s), a public employer may  agree  to  permit  its
supervisory  employees  to  form  bargaining  units  and  may
bargain with those units.  This Act shall apply if the public
employer chooses to bargain under this subsection.
(Source: P.A.  89-108,  eff.  7-7-95;  89-409, eff. 11-15-95;
89-445,  eff.  2-7-96;  89-626,  eff.  8-9-96;  89-685,  eff.
6-1-97; revised 1-14-97.)

    Section 2-20.  The State Employees Group Insurance Act of
1971 is amended by changing Section 3 and by  setting  forth,
amending, and renumbering multiple versions of Section 6.7 as
follows:

    (5 ILCS 375/3) (from Ch. 127, par. 523)
    Sec.   3.  Definitions.   Unless  the  context  otherwise
requires, the following words and phrases as used in this Act
shall have the following meanings.  The Department may define
these and other words and phrases separately for the  purpose
of  implementing  specific  programs providing benefits under
this Act.
    (a)  "Administrative  service  organization"  means   any
person,  firm  or  corporation experienced in the handling of
claims  which  is  fully  qualified,  financially  sound  and
capable of meeting the service requirements of a contract  of
administration executed with the Department.
    (b)  "Annuitant"  means  (1)  an employee who retires, or
has retired, on or after January  1,  1966  on  an  immediate
annuity under the provisions of Articles 2, 14, 15 (including
an  employee  who  has  retired and is receiving a retirement
annuity under an optional program established  under  Section
15-158.2  and  who  would  also  be eligible for a retirement
annuity had that person  been  a  participant  in  the  State
University  Retirement  System),  paragraphs  (b)  or  (c) of
Section 16-106, or Article 18 of the Illinois  Pension  Code;
(2)  any  person  who  was receiving group insurance coverage
under this Act as of March 31, 1978 by reason of  his  status
as an annuitant, even though the annuity in relation to which
such coverage was provided is a proportional annuity based on
less  than  the  minimum  period  of  service  required for a
retirement annuity in the system involved; (3) any person not
otherwise  covered  by  this  Act  who  has  retired   as   a
participating  member under Article 2 of the Illinois Pension
Code but is  ineligible  for  the  retirement  annuity  under
Section 2-119 of the Illinois Pension Code; (4) the spouse of
any  person  who  is  receiving  a  retirement  annuity under
Article 18 of the Illinois Pension Code and  who  is  covered
under  a  group  health  insurance  program  sponsored  by  a
governmental  employer  other  than the State of Illinois and
who has irrevocably elected to  waive  his  or  her  coverage
under  this  Act  and to have his or her spouse considered as
the "annuitant" under this Act and not as a  "dependent";  or
(5) an employee who retires, or has retired, from a qualified
position, as determined according to rules promulgated by the
Director,  under  a qualified local government or a qualified
rehabilitation facility  or  a  qualified  domestic  violence
shelter  or  service.  (For definition of "retired employee",
see (p) post).
    (c)  "Carrier"  means  (1)  an   insurance   company,   a
corporation   organized  under  the  Limited  Health  Service
Organization Act or the Voluntary Health Services Plan Act, a
partnership, or other nongovernmental organization, which  is
authorized  to  do  group  life  or  group  health  insurance
business  in  Illinois,  or  (2)  the  State of Illinois as a
self-insurer.
    (d)  "Compensation" means salary or wages  payable  on  a
regular  payroll  by  the State Treasurer on a warrant of the
State Comptroller out of any State, trust or federal fund, or
by the Governor of the State through a disbursing officer  of
the  State  out of a trust or out of federal funds, or by any
Department out of State, trust, federal or other  funds  held
by  the  State Treasurer or the Department, to any person for
personal  services  currently  performed,  and  ordinary   or
accidental  disability  benefits  under  Articles  2,  14, 15
(including ordinary or accidental disability  benefits  under
an  optional  program  established  under  Section 15-158.2),
paragraphs (b) or (c) of Section 16-106, or Article 18 of the
Illinois Pension Code, for disability incurred after  January
1,  1966, or benefits payable under the Workers' Compensation
or Occupational Diseases Act or benefits payable under a sick
pay plan established in accordance with  Section  36  of  the
State  Finance Act. "Compensation" also means salary or wages
paid to an employee of  any  qualified  local  government  or
qualified  rehabilitation  facility  or  a qualified domestic
violence shelter or service.
    (e)  "Commission"  means  the   State   Employees   Group
Insurance   Advisory   Commission  authorized  by  this  Act.
Commencing July 1, 1984, "Commission" as  used  in  this  Act
means   the   Illinois  Economic  and  Fiscal  Commission  as
established by the Legislative Commission Reorganization  Act
of 1984.
    (f)  "Contributory",  when  referred  to  as contributory
coverage, shall mean optional coverages or  benefits  elected
by  the  member  toward  the  cost of which such member makes
contribution, or which are funded in whole or in part through
the acceptance of a reduction in earnings or the foregoing of
an increase in earnings by an employee, as distinguished from
noncontributory coverage or benefits which are paid  entirely
by  the  State  of Illinois without reduction of the member's
salary.
    (g)  "Department"  means  any  department,   institution,
board,  commission, officer, court or any agency of the State
government  receiving  appropriations  and  having  power  to
certify payrolls to the Comptroller authorizing  payments  of
salary  and  wages against such appropriations as are made by
the General Assembly from any State fund,  or  against  trust
funds  held  by  the  State  Treasurer and includes boards of
trustees of the retirement systems created by Articles 2, 14,
15, 16 and 18 of the  Illinois  Pension  Code.   "Department"
also  includes  the  Illinois  Comprehensive Health Insurance
Board and the Illinois Rural Bond Bank.
    (h)  "Dependent", when the term is used in the context of
the health and life plan, means a  member's  spouse  and  any
unmarried child (1) from birth to age 19 including an adopted
child, a child who lives with the member from the time of the
filing  of a petition for adoption until entry of an order of
adoption, a stepchild or recognized child who lives with  the
member  in  a parent-child relationship, or a child who lives
with the member if such member is a court appointed  guardian
of  the  child,  or  (2) age 19 to 23 enrolled as a full-time
student in any accredited school, financially dependent  upon
the  member,  and  eligible as a dependent for Illinois State
income tax purposes, or (3) age 19 or over who is mentally or
physically handicapped as defined in the  Illinois  Insurance
Code.  For  the  health  plan only, the term "dependent" also
includes any person enrolled prior to the effective  date  of
this  Section  who is dependent upon the member to the extent
that the member may claim such  person  as  a  dependent  for
Illinois  State  income tax deduction purposes; no other such
person may be enrolled.
    (i)  "Director"  means  the  Director  of  the   Illinois
Department of Central Management Services.
    (j)  "Eligibility  period"  means  the  period  of time a
member has to elect  enrollment  in  programs  or  to  select
benefits without regard to age, sex or health.
    (k)  "Employee"   means  and  includes  each  officer  or
employee in the service of a department who (1) receives  his
compensation  for  service  rendered  to  the department on a
warrant  issued  pursuant  to  a  payroll  certified   by   a
department  or  on  a  warrant or check issued and drawn by a
department upon a trust,  federal  or  other  fund  or  on  a
warrant  issued pursuant to a payroll certified by an elected
or duly appointed  officer  of  the  State  or  who  receives
payment  of the performance of personal services on a warrant
issued pursuant to a payroll certified by  a  Department  and
drawn  by  the  Comptroller  upon the State Treasurer against
appropriations made by the General Assembly from any fund  or
against  trust  funds held by the State Treasurer, and (2) is
employed  full-time  or  part-time  in  a  position  normally
requiring actual performance of duty during not less than 1/2
of a normal work period, as established by  the  Director  in
cooperation with each department, except that persons elected
by  popular  vote  will  be  considered  employees during the
entire term for which they are elected  regardless  of  hours
devoted  to  the  service  of  the State, and (3) except that
"employee" does not include any person who is not eligible by
reason of such person's employment to participate in  one  of
the State retirement systems under Articles 2, 14, 15 (either
the   regular  Article  15  system  or  an  optional  program
established under Section 15-158.2) or 18, or under paragraph
(b) or (c) of Section 16-106, of the Illinois  Pension  Code,
but  such  term  does include persons who are employed during
the 6  month  qualifying  period  under  Article  14  of  the
Illinois  Pension  Code.   Such term also includes any person
who (1) after January  1,  1966,  is  receiving  ordinary  or
accidental  disability  benefits  under  Articles  2,  14, 15
(including ordinary or accidental disability  benefits  under
an  optional  program  established  under  Section 15-158.2),
paragraphs (b) or (c) of Section 16-106, or Article 18 of the
Illinois Pension Code, for disability incurred after  January
1,  1966,  (2)  receives  total  permanent or total temporary
disability   under   the   Workers'   Compensation   Act   or
Occupational Disease Act as a result of injuries sustained or
illness contracted in the course of employment with the State
of Illinois, or (3) is not otherwise covered under  this  Act
and  has retired as a participating member under Article 2 of
the  Illinois  Pension  Code  but  is  ineligible   for   the
retirement  annuity  under  Section  2-119  of  the  Illinois
Pension  Code.   However, a person who satisfies the criteria
of the foregoing definition of "employee"  except  that  such
person  is  made  ineligible  to  participate  in  the  State
Universities  Retirement  System  by  clause (4) of the first
paragraph of Section 15-107 of the Illinois Pension  Code  is
also  an "employee" for the purposes of this Act.  "Employee"
also includes any person receiving or eligible  for  benefits
under  a sick pay plan established in accordance with Section
36 of the State Finance Act. "Employee"  also  includes  each
officer  or  employee  in  the  service  of a qualified local
government,  including  persons  appointed  as  trustees   of
sanitary districts regardless of hours devoted to the service
of the sanitary district, and each employee in the service of
a   qualified  rehabilitation  facility  and  each  full-time
employee in the service  of  a  qualified  domestic  violence
shelter   or   service,  as  determined  according  to  rules
promulgated by the Director.
    (l)  "Member"  means  an  employee,  annuitant,   retired
employee or survivor.
    (m)  "Optional   coverages   or   benefits"  means  those
coverages or benefits available to the member on his  or  her
voluntary election, and at his or her own expense.
    (n)  "Program"  means  the  group  life insurance, health
benefits and other employee benefits designed and  contracted
for by the Director under this Act.
    (o)  "Health  plan" means a self-insured health insurance
program offered by the State of Illinois for the purposes  of
benefiting  employees  by  means  of providing, among others,
wellness programs, utilization reviews, second  opinions  and
medical  fee  reviews, as well as for paying for hospital and
medical care up to the maximum coverage provided by the plan,
to its members and their dependents.
    (p)  "Retired employee" means any person who would be  an
annuitant  as  that  term  is defined herein but for the fact
that such person retired prior to January 1, 1966.  Such term
also includes any person formerly employed by the  University
of Illinois in the Cooperative Extension Service who would be
an  annuitant  but  for  the  fact  that such person was made
ineligible  to  participate   in   the   State   Universities
Retirement  System  by  clause  (4) of the first paragraph of
Section 15-107 of the Illinois Pension Code.
    (q)  "Survivor" means a person receiving an annuity as  a
survivor  of  an employee or of an annuitant. "Survivor" also
includes:  (1)  the  surviving  dependent  of  a  person  who
satisfies the  definition  of  "employee"  except  that  such
person  is  made  ineligible  to  participate  in  the  State
Universities  Retirement  System  by  clause (4) of the first
paragraph of Section 15-107 of the Illinois Pension Code; and
(2) the surviving dependent of any person  formerly  employed
by  the  University  of Illinois in the Cooperative Extension
Service who would be an annuitant except for  the  fact  that
such  person  was made ineligible to participate in the State
Universities Retirement System by clause  (4)  of  the  first
paragraph of Section 15-107 of the Illinois Pension Code.
    (r)  "Medical   services"  means  the  services  provided
within the scope of their licenses by  practitioners  in  all
categories licensed under the Medical Practice Act of 1987.
    (s)  "Unit   of   local  government"  means  any  county,
municipality, township, school district, special district  or
other  unit, designated as a unit of local government by law,
which exercises limited  governmental  powers  or  powers  in
respect  to limited governmental subjects, any not-for-profit
association  with  a  membership  that   primarily   includes
townships  and  township  officials,  that  has  duties  that
include  provision  of  research  service,  dissemination  of
information,  and  other  acts  for  the purpose of improving
township government, and that is funded wholly or  partly  in
accordance  with  Section  85-15  of  the  Township Code; any
not-for-profit corporation or association, with a  membership
consisting primarily of municipalities, that operates its own
utility    system,    and    provides   research,   training,
dissemination  of  information,  or  other  acts  to  promote
cooperation between and  among  municipalities  that  provide
utility  services  and  for  the advancement of the goals and
purposes of its membership; and the Illinois  Association  of
Park Districts.  "Qualified local government" means a unit of
local  government  approved by the Director and participating
in a program created under subsection (i) of  Section  10  of
this Act.
    (t)  "Qualified   rehabilitation   facility"   means  any
not-for-profit  organization  that  is  accredited   by   the
Commission  on  Accreditation of Rehabilitation Facilities or
certified by the Department of Human Services  (as  successor
to   the   Department  of  Mental  Health  and  Developmental
Disabilities)   to   provide   services   to   persons   with
disabilities and which  receives  funds  from  the  State  of
Illinois  for  providing  those  services,  approved  by  the
Director   and  participating  in  a  program  created  under
subsection (j) of Section 10 of this Act.
    (u)  "Qualified domestic  violence  shelter  or  service"
means  any  Illinois domestic violence shelter or service and
its administrative offices funded by the Department of  Human
Services  (as  successor to the Illinois Department of Public
Aid), approved by the Director and participating in a program
created under subsection (k) of Section 10.
    (v)  "TRS benefit recipient" means a person who:
         (1)  is not a "member" as defined in  this  Section;
    and
         (2)  is  receiving  a  monthly benefit or retirement
    annuity under Article 16 of the  Illinois  Pension  Code;
    and
         (3)  either  (i)  has at least 8 years of creditable
    service under Article 16 of the Illinois Pension Code, or
    (ii) was enrolled in the health insurance program offered
    under that Article on January 1, 1996, or  (iii)  is  the
    survivor  of a benefit recipient who had at least 8 years
    of creditable service under Article 16  of  the  Illinois
    Pension  Code  or  was  enrolled  in the health insurance
    program offered under that Article on the effective  date
    of this amendatory Act of 1995, or (iv) is a recipient or
    survivor  of  a  recipient  of a disability benefit under
    Article 16 of the Illinois Pension Code.
    (w)  "TRS dependent beneficiary" means a person who:
         (1)  is not a "member" or "dependent" as defined  in
    this Section; and
         (2)  is  a  TRS benefit recipient's: (A) spouse, (B)
    dependent parent who is receiving at least half of his or
    her support  from  the  TRS  benefit  recipient,  or  (C)
    unmarried  natural  or adopted child who is (i) under age
    19, or  (ii)  enrolled  as  a  full-time  student  in  an
    accredited  school,  financially  dependent  upon the TRS
    benefit recipient, eligible as a dependent  for  Illinois
    State  income tax purposes, and either is under age 24 or
    was, on January 1, 1996,  participating  as  a  dependent
    beneficiary in the health insurance program offered under
    Article  16 of the Illinois Pension Code, or (iii) age 19
    or over who is  mentally  or  physically  handicapped  as
    defined in the Illinois Insurance Code.
    (x)  "Military  leave  with  pay  and benefits" refers to
individuals in basic training for reserves,  special/advanced
training,  annual  training, emergency call up, or activation
by the President of the United States with approved  pay  and
benefits.
    (y)  "Military  leave without pay and benefits" refers to
individuals who enlist for active duty in a regular component
of the U.S. Armed Forces  or  other  duty  not  specified  or
authorized under military leave with pay and benefits.
(Source:  P.A.  88-670,  eff.  12-2-94;  89-21, eff. 6-21-95;
89-25,  eff.  6-21-95;  89-76,  eff.  7-1-95;  89-324,   eff.
8-13-95;  89-430, eff. 12-15-95; 89-502, eff. 7-1-96; 89-507,
eff. 7-1-97; 89-628, eff. 8-9-96; revised 8-23-96.)

    (5 ILCS 375/6.7)
    Sec. 6.7.  Woman's health care provider.  The program  of
health  benefits is subject to the provisions of Section 356r
of the Illinois Insurance Code.
(Source: P.A. 89-514, eff. 7-17-96; revised 7-24-96.)

    (5 ILCS 375/6.8)
    Sec. 6.8. 6.7.  Post-parturition care.   The  program  of
health  benefits  shall  provide  the  post-parturition  care
benefits  required  to be covered by a policy of accident and
health insurance under Section  356s  356r  of  the  Illinois
Insurance Code.
(Source: P.A. 89-513, eff. 7-17-96; revised 7-24-96.)
    Section  2-25.   The  Alcoholism and Other Drug Abuse and
Dependency  Act  is  amended  by  changing  Section  1-10  as
follows:

    (20 ILCS 301/1-10)
    Sec. 1-10.  Definitions.  As used in this Act, unless the
context clearly indicates otherwise, the following words  and
terms have the following meanings:
    "Act"  means  the  Alcoholism  and  Other  Drug Abuse and
Dependency Act.
    "Addict" means a person who exhibits the disease known as
"addiction".
    "Addiction" means a disease process characterized by  the
continued  use  of a specific psycho-active substance despite
physical,  psychological  or  social  harm.   The  term  also
describes the advanced stages of chemical dependency.
    "Administrator"   means   a   person   responsible    for
administration of a program.
    "Alcoholic" means a person who exhibits the disease known
as "alcoholism".
    "Alcoholism"  means  a chronic and progressive disease or
illness characterized  by  preoccupation  with  and  loss  of
control  over  the  consumption  of  alcohol,  and the use of
alcohol    despite    adverse    consequences.     Typically,
combinations of the following tendencies  are  also  present:
periodic   or   chronic  intoxication;  physical  disability;
impaired  emotional,  occupational  or   social   adjustment;
tendency   toward   relapse;  a  detrimental  effect  on  the
individual, his family and society; psychological dependence;
and  physical  dependence.    Alcoholism  is  also  known  as
addiction to alcohol.  Alcoholism is  described  and  further
categorized in clinical detail in the DSM and the ICD.
    "Array  of  services"  means  assistance  to individuals,
families and communities in response to alcohol or other drug
abuse or dependency.  The array of services includes, but  is
not  limited  to:  prevention  assistance for communities and
schools; case finding, assessment and  intervention  to  help
individuals   stop  abusing  alcohol  or  other  drugs;  case
management; detoxification to aid individuals  in  physically
withdrawing  from  alcohol  or  other  drugs;  short-term and
long-term treatment and support services to help  individuals
and   family   members   begin   the   process  of  recovery;
prescription and dispensing of the drug  methadone  or  other
medications  as  an  adjunct to treatment; relapse prevention
services; education and  counseling  for  children  or  other
co-dependents of alcoholics or other drug abusers or addicts.
    "Case  management" means those services which will assist
individuals in gaining access to needed social,  educational,
medical, treatment and other services.
    "Children  of  alcoholics  or  drug addicts or abusers of
alcohol and other drugs" means the minor or adult children of
individuals who have abused or been dependent upon alcohol or
other drugs.  These children may or may not become  dependent
upon  alcohol  or  other  drugs themselves; however, they are
physically, psychologically, and behaviorally at high risk of
developing the illness.  Children  of  alcoholics  and  other
drug  abusers  experience  emotional  and other problems, and
benefit from prevention and treatment  services  provided  by
funded and non-funded agencies licensed by the Department.
    "Co-dependents" means individuals who are involved in the
lives  of  and  are affected by people who are dependent upon
alcohol and other drugs.  Co-dependents  compulsively  engage
in  behaviors  that  cause  them  to suffer adverse physical,
emotional,  familial,  social,  behavioral,  vocational,  and
legal consequences as they attempt to cope with  the  alcohol
or  drug  dependent  person.  People who become co-dependents
include spouses, parents, siblings, and friends of alcohol or
drug dependent people.  Co-dependents benefit from prevention
and treatment services provided by agencies licensed  by  the
Department.
    "Controlled  substance"  means any substance or immediate
precursor which is enumerated in the schedules of Article  II
of  the  Illinois  Controlled  Substances Act or the Cannabis
Control Act.
    "Crime of violence" means any of  the  following  crimes:
murder,  voluntary  manslaughter,  criminal  sexual  assault,
aggravated criminal sexual assault, predatory criminal sexual
assault   of  a  child,  armed  robbery,  arson,  kidnapping,
aggravated battery, aggravated arson,  or  any  other  felony
which  involves  the  use  or  threat  of  physical  force or
violence against another individual.
    "Department"  means  the  Illinois  Department  of  Human
Services as successor to the former Department of  Alcoholism
and Substance Abuse.
    "Designated  program"  means  a program designated by the
Department to provide services described in subsection (c) or
(d) of Section 15-10 of this Act.    A  designated  program's
primary  function  is  screening,  assessing,  referring  and
tracking  clients  identified by the criminal justice system,
and the program agrees  to  apply  statewide  the  standards,
uniform criteria and procedures established by the Department
pursuant to such designation.
    "Detoxification"   means   the  process  of  allowing  an
individual to safely withdraw from a  drug  in  a  controlled
environment.
    "DSM"  means  the  most current edition of the Diagnostic
and Statistical Manual of Mental Disorders.
    "D.U.I." means driving under the influence of alcohol  or
other  substances  which  may  cause  impairment  of  driving
ability.
    "Facility"  means the building or premises which are used
for the provision of licensable program  services,  including
support services, as set forth by rule.
    "ICD" means the most current edition of the International
Classification of Diseases.
    "Incapacitated"  means  that  a  person is unconscious or
otherwise exhibits, by overt behavior or by extreme  physical
debilitation,  an  inability  to care for his own needs or to
recognize the obvious danger of  his  situation  or  to  make
rational decisions with respect to his need for treatment.
    "Intermediary  person"  means  a  person  with  expertise
relative  to  addiction, alcoholism, and the abuse of alcohol
or other drugs who may be called on to assist the  police  in
carrying  out enforcement or other activities with respect to
persons who abuse or are dependent on alcohol or other drugs.
    "Intervention" means readily accessible activities  which
assist  individuals  and  their partners or family members in
coping with the immediate problems of alcohol and other  drug
abuse  or dependency, and in reducing their alcohol and other
drug use. Intervention can facilitate  emotional  and  social
stability,   and   involves   referring  people  for  further
treatment as needed.
    "Intoxicated person"  means  a  person  whose  mental  or
physical functioning is substantially impaired as a result of
the  current  effects  of  alcohol  or other drugs within the
body.
    "Local advisory council" means an alcohol  and  substance
abuse  body  established  in  a county, township or community
area, which represents public and private entities having  an
interest  in  the  prevention  and treatment of alcoholism or
other drug abuse.
    "Off-site services" means licensable program services  or
activities  which  are  conducted at a location separate from
the primary service  location  of  the  provider,  and  which
services  are  operated by a program or entity licensed under
this Act.
    "Person" means any individual, firm, group,  association,
partnership,  corporation,  trust, government or governmental
subdivision or agency.
    "Prevention" means an interactive process of individuals,
families, schools, religious organizations,  communities  and
regional,   state   and   national  organizations  to  reduce
alcoholism, prevent the use of illegal drugs and the abuse of
legal drugs by persons  of  all  ages,  prevent  the  use  of
alcohol  by  minors,  build the capacities of individuals and
systems, and promote  healthy  environments,  lifestyles  and
behaviors.
    "Program"  means  a  licensable  or  fundable activity or
service,  or  a  coordinated  range  of  such  activities  or
services, as the Department may establish by rule.
    "Recovery" means the long-term, often life-long,  process
in which an addicted person changes the way in which he makes
decisions  and establishes personal and life priorities.  The
evolution  of  this  decision-making   and   priority-setting
process  is generally manifested by an obvious improvement in
the individual's life and lifestyle and by his overcoming the
abuse of or dependence on alcohol or other  drugs.   Recovery
is   also   generally  manifested  by  prolonged  periods  of
abstinence from addictive chemicals which are  not  medically
supervised.  Recovery is the goal of treatment.
    "Rehabilitation"  means  a process whereby those clinical
services  necessary  and   appropriate   for   improving   an
individual's life and lifestyle and for overcoming his or her
abuse  of or dependency upon alcohol or other drugs, or both,
are delivered in an appropriate setting and manner as defined
in rules established by the Department.
    "Relapse" means  a  process  which  is  manifested  by  a
progressive pattern of behavior that reactivates the symptoms
of  a  disease  or  creates  debilitating  conditions  in  an
individual  who  has  experienced remission from addiction or
alcoholism.
    "Secretary" means the Secretary of Human Services or  his
or her designee.
    "Substance  abuse"  or  "abuse" means a pattern of use of
alcohol or other drugs  with  the  potential  of  leading  to
immediate  functional problems or to alcoholism or other drug
dependency, or to the  use  of  alcohol  and/or  other  drugs
solely for purposes of intoxication.  The term also means the
use  of  illegal  drugs by persons of any age, and the use of
alcohol by persons under the age of 21.
    "Treatment"  means  the   broad   range   of   emergency,
outpatient,  intermediate  and  residential services and care
(including  assessment,  diagnosis,   medical,   psychiatric,
psychological  and  social services, care and counseling, and
aftercare) which may be extended to individuals who abuse  or
are  dependent on alcohol or other drugs or families of those
persons.
(Source: P.A.  88-80;  89-202,  eff.  7-21-95;  89-428,  eff.
12-13-95;  89-462, eff. 5-29-96; 89-507, eff. 7-1-97; revised
9-10-96.)

    Section 2-30.  The Children and Family  Services  Act  is
amended by changing Section 18a-13 as follows:

    (20 ILCS 505/18a-13) (from Ch. 23, par. 5018a-13)
    (Section scheduled to be repealed on December 31, 1997)
    Sec.   18a-13.    Interagency  Authority  on  Residential
Facilities for Children.
    (a)  There is hereby created the Interagency Authority on
Residential Facilities for Children.
    (b)  The Authority shall be composed of the Secretary  of
Human  Services  (or  his  or  her designee) and 2 additional
representatives  of  the   Department   of   Human   Services
designated  by  the  Secretary;  plus the Directors, or their
designees, of the following State agencies:
         (1)  Department of Children and Family Services,
         (2)  Department of Corrections,
         (3)  Illinois State Board of Education,
         (4)  Department of Public Aid, and
         (5)  Residential Services Authority;
plus 5 people  appointed  by  the  Governor  from  State  and
community  public and private providers and funders.  These 5
people shall  be  experienced  and  knowledgeable  concerning
out-of-home  placement  options for children.  No more than 2
of the appointees can be from the public sector.  Members  of
the  Authority  shall  serve without compensation.  No monies
shall be appropriated for the purpose of providing  operating
expenses for the Authority.  The Department of Human Services
and the other departments listed in this subsection (b) shall
provide staffing and support costs.
    (c)  The  Chairperson  of  the  Authority  shall  be  the
Director  of  Children  and  Family Services or his designee.
The first meeting of the Authority shall be within 30 days of
the effective date of this amendatory Act of  1991.   At  the
first  meeting  the  Authority shall elect a vice-chairperson
from its membership.
    (d)  The Authority  shall  have  the  responsibility  for
developing   a   long-term   plan   for   providing  adequate
residential facilities for the care of children who cannot be
served in their own homes and whose needs cannot  be  met  by
foster  family home services or other similar substitute care
arrangements.   The  Authority  shall  examine,  among  other
items, the feasibility of increasing the capacity  or  number
of  residential  care facilities in the State consistent with
the principles that services in the home  and  community  and
the  least  restrictive  alternatives guide the State service
system for children.  If it is determined that  there  should
be  an  increase  in  the  number  of residential facilities,
campus type settings shall be considered.
    (e)  The Authority also has the  responsibility  for  the
following:
         (1)  The annual collection of information from State
    agencies  in  regard  to the number of children placed in
    out-of-State settings, including placements made by local
    school districts that  are  reimbursed  pursuant  to  the
    School Code.
         (2)  Reporting  on  an  annual basis the cost of all
    out-of-State  placements  of  children  made   by   State
    agencies or local school districts.
         (3)  Reviewing   the  current  rate  structures  for
    payment  of  services  for  in-State   and   out-of-State
    residential   placements  of  children  and  recommending
    appropriate   incentives   that   would   encourage   the
    development of necessary in-State services.
         (4)  Promoting   the    establishment    of    State
    inter-agency pilot programs which provide for a continuum
    of  placements,  including  short-term  local residential
    placements  and  other   alternatives   to   out-of-State
    placements.
    (f)  The  Authority  shall  present  a  proposal  to  the
Governor, the President of the Senate, the Minority Leader of
the  Senate, the Speaker of the House and the Minority Leader
of the House within one year of its first meeting.
    (g)  This Section  is  repealed  effective  December  31,
1997. The changes made to this Section by this amendatory Act
of  1996 are not intended to revive this Section in the event
of its repeal.
(Source  P.A.  88-487;  88-597,  eff.  8-28-94;  89-21,  eff.
7-1-95; 89-507, eff. 7-1-97;  89-648,  eff.  8-9-96;  revised
9-12-96)

    Section 2-35.  The Department of Natural Resources Act is
amended by setting forth and renumbering multiple versions of
Section 5-10 as follows:

    (20 ILCS 801/5-10)
    Sec.  5-10. Additional powers.  With respect to the water
resources of the State, the Office of Water  Resources  shall
have the following powers:
    (a)  To study and investigate ways and means by which the
various  water  uses  may  be coordinated to the end that the
water  resources  of  the  State  be  put  to  their  maximum
beneficial use and, in connection therewith, to  request  any
department  or  agency of the State to make surveys, studies,
investigations, prepare plans, reports and furnish such  data
and information as may be necessary.
    (b)  To  coordinate, determine and provide ways and means
for  the  equitable  reconciliation  and  adjustment  of  the
various conflicting claims and rights to water  by  users  or
uses.
    (c)  To  recommend  legislation  for  the  most  feasible
method  or  methods of conserving water resources and putting
them to the maximum possible use,  taking  into  account  the
problems of navigation, flood control, river flow control and
stabilization,   reclamation,  drainage  and  recapture,  and
further utilization of  water  after  use  for  any  purpose,
domestic  and  industrial  use, irrigation of land, municipal
use,  development  of   electric   energy,   public   health,
recreational, fish and game life, and other beneficial use.
    (d)  To  undertake regulatory flood hazard mapping within
this State.
    (e)  To  inspect  and  prescribe  standards  of   repair,
maintenance  and improvement of the facilities and properties
of the Metro-East Sanitary District.
(Source: P.A. 89-445, eff. 2-7-96.)
    (20 ILCS 801/15-10)
    Sec.  15-10.  5-10.  Board  of  Natural   Resources   and
Conservation.
    (a)  Within  the  Department  there  shall  be a Board of
Natural Resources and Conservation, composed  of  8  persons.
The  Board  shall  be  composed  of  the  Director of Natural
Resources  (or  the  Director's  designee),  who   shall   be
chairman; the president of the University of Illinois, or his
or  her  representative;  the  president of Southern Illinois
University, or his or her representative; and  one  appointed
expert   each   in   animal  biology,  geology,  engineering,
chemistry, and plant biology, qualified by at least 10  years
of   experience  in  practicing  or  teaching  their  several
professions.   Appointed  members  of  the  Board  shall   be
appointed by the Governor, with the advice and consent of the
Senate.
    The  transfer  of  the Board to the Department under this
Act does not  terminate  or  otherwise  affect  the  term  of
membership  of any member of the Board, except for the change
in chairman.
    (b)  The Board, acting through 5 or  more  subcommittees,
each  of  which  shall be composed of the Director of Natural
Resources, the president of the University of Illinois or his
representative, the president of Southern Illinois University
or his  representative,  and  the  expert  advisor  specially
qualified in the field of investigation, shall:
         (1)  consider   and  decide  matters  pertaining  to
    natural   history,   geology,   water   and   atmospheric
    resources, forestry, and allied research,  investigation,
    and scientific work;
         (2)  select  and  appoint,  without reference to the
    State civil service law, members of the scientific staff,
    prosecuting such research, investigation, and  scientific
    work;
         (3)  cooperate  with  the  University of Illinois in
    the use of scientific staff and equipment; and
         (4)  cooperate with the various departments of State
    government in  research,  investigation,  and  scientific
    work  useful  in  the  prosecution  of  the  work  of any
    department.
(Source: P.A. 89-445, eff. 2-7-96; revised 3-7-96.)

    Section 2-40.  The Civil Administrative Code of  Illinois
is amended by changing Section 71 as follows:

    (20 ILCS 2005/71) (from Ch. 127, par. 63b17)
    Sec.  71.   A.   The  Department  of Nuclear Safety shall
exercise, administer  and  enforce  all  rights,  powers  and
duties  vested  in  the  Department  of  Public Health by the
following named Acts or Sections thereof:
         1.  The Radiation Installation Act.
         2.  The Radiation Protection Act of 1990.
         3.  The Radioactive Waste Storage Act.
         4.  The Personnel Radiation Monitoring Act.
         5.  The Laser System Act.
         6.  The Illinois Nuclear Safety Preparedness Act.
    B.  All the rights,  powers  and  duties  vested  in  the
Director  of  Public Health by "An Act to create the Illinois
Commission on Atomic Energy, defining the powers  and  duties
of  the  Commission,  and  making an appropriation therefor",
effective September 10, 1971, as amended, are transferred  to
the  Director  of  Nuclear  Safety.   The Director of Nuclear
Safety, after the effective date this amendatory Act of 1980,
shall  serve  as  an  ex  officio  member  of  the   Illinois
Commission  on  Atomic  Energy  in the place and stead of the
Director of Public Health.
    C.  The Department  of  Nuclear  Safety  shall  exercise,
administer and enforce all rights, powers and duties:
         1.  Vested  in  the Office of the State Fire Marshal
    by the Boiler and Pressure  Vessel  Safety  Act,  to  the
    extent  the  rights, powers, and duties relate to nuclear
    steam-generating facilities.
         2.  As   relating   to   nuclear    steam-generating
    facilities,  vested  in  the Board of Boiler and Pressure
    Vessel Rules by the Boiler  and  Pressure  Vessel  Safety
    Act,   which   includes   but  are  not  limited  to  the
    formulation of definitions, rules and regulations for the
    safe and proper construction, installation, repair,  use,
    and operation of nuclear steam-generating facilities, the
    adoption   of   rules   for   already  installed  nuclear
    steam-generating facilities, the adoption  of  rules  for
    accidents  in  nuclear  steam-generating  facilities, the
    examination for or suspension of inspectors' licenses  of
    the  facilities and the hearing of appeals from decisions
    relating to the facilities.
         3.  As   relating   to   nuclear    steam-generating
    facilities, vested in the State Fire Marshal or the Chief
    Inspector  by  the Boiler and Pressure Vessel Safety Act,
    which include but are not limited to  the  employment  of
    inspectors   of   nuclear   steam-generating  facilities,
    issuance or suspension of their commissions,  prosecution
    of the Act or rules promulgated thereunder for violations
    by  nuclear  steam-generating  facilities, maintenance of
    inspection records of all the facilities, publication  of
    rules  relating to the facilities,  having free access to
    the facilities, issuance of  inspection  certificates  of
    the  facilities  and  the furnishing of bonds conditioned
    upon the  faithful  performance  of  their  duties.   The
    Director   of   Nuclear  Safety  may  designate  a  Chief
    Inspector, or other inspectors, as he deems necessary  to
    perform the functions transferred by this subsection C.
    The  transfer  of rights, powers, and duties specified in
the immediately preceding paragraphs 1, 2, and 3  is  limited
to the program transferred by this amendatory Act of 1980 and
shall  not  be  deemed to abolish or diminish the exercise of
those same rights, powers, and duties by the  Office  of  the
State  Fire  Marshal, the Board of Boiler and Pressure Vessel
Rules, the State Fire Marshal, or the  Chief  Inspector  with
respect  to programs retained by the Office of the State Fire
Marshal.
    D.  The Department  of  Nuclear  Safety  shall  exercise,
administer,  and enforce all rights, powers and duties vested
in the Environmental Protection Agency by paragraphs a, b, c,
d, e, f, g, h, i, j, k, l, m, n, o, p, q, and r of Section  4
and  Sections 30-45 inclusive of the Environmental Protection
Act, to the extent that these powers relate to  standards  of
the  Pollution  Control  Board  adopted under subsection K of
this Section.  The transfer of  rights,  powers,  and  duties
specified  in  this  paragraph  is  limited  to  the  program
transferred  by  this amendatory Act of 1980 and shall not be
deemed to abolish or diminish  the  exercise  of  those  same
rights,  powers,  and  duties by the Environmental Protection
Agency with respect to programs retained by the Environmental
Protection Agency.
    E.  The Department of Nuclear  Safety,  in  lieu  of  the
Department   of   Public  Health,  shall  register,  license,
inspect, and control radiation sources  and  shall  purchase,
lease,  accept, or acquire lands, buildings and grounds where
radioactive wastes can be  disposed,  and  to  supervise  and
regulate the operation of the disposal sites.
    F.  The  Department  of Nuclear Safety shall have primary
responsibility  to  formulate   a   comprehensive   emergency
preparedness  and response plan for any nuclear accident, and
shall develop such a plan in cooperation  with  the  Illinois
Emergency Management Agency. The Department of Nuclear Safety
shall also train and maintain an emergency response team.
    G.  The  Department  of  Nuclear Safety shall formulate a
comprehensive plan regarding the  transportation  of  nuclear
and  radioactive materials in Illinois.  The Department shall
have  primary  responsibility  for  all  State   governmental
regulation  of  the transportation of nuclear and radioactive
materials, insofar as the regulation pertains to  the  public
health and safety.  This responsibility shall include but not
be  limited  to  the  authority  to  oversee  and  coordinate
regulatory   functions   performed   by   the  Department  of
Transportation, the  Department  of  State  Police,  and  the
Illinois Commerce Commission.
    H.  The  Department  of  Nuclear Safety shall formulate a
comprehensive  plan  regarding  disposal   of   nuclear   and
radioactive  materials  in  this State.  The Department shall
establish  minimum  standards  for  disposal   sites,   shall
evaluate and publicize potential effects on the public health
and  safety,  and  shall  report  to the Governor and General
Assembly  all  violations  of  the  adopted  standards.    In
carrying  out this function, the Department of Nuclear Safety
shall work in cooperation with  the  Illinois  Commission  on
Atomic Energy and the Radiation Protection Advisory Council.
    I.  The Department of Nuclear Safety, in cooperation with
the  Department  of  Natural  Resources,  shall study (a) the
impact and cost of nuclear power and  compare  these  to  the
impact  and  cost  of  alternative sources of energy, (b) the
potential effects on the public  health  and  safety  of  all
radioactive  emissions from nuclear power plants, and (c) all
other factors that bear on the use of  nuclear  power  or  on
nuclear  safety.   The  Department  shall formulate a general
nuclear policy for the State based on  the  findings  of  the
study.    The  policy shall include but not be limited to the
feasibility of continued use of nuclear power, effects of the
use of nuclear power on the public health and safety, minimum
acceptable standards for the location of any  future  nuclear
power  plants, and rules and regulations for the reporting by
public utilities of radioactive emissions from power  plants.
The   Department   shall  establish  a  reliable  system  for
communication between the public and the Department  and  for
dissemination   of   information   by  the  Department.   The
Department shall publicize the findings of  all  studies  and
make the publications reasonably available to the public.
    J.  The  Department  of Nuclear Safety shall have primary
responsibility for the  coordination  and  oversight  of  all
State  governmental  functions  concerning  the regulation of
nuclear  power,  including  low   level   waste   management,
environmental   monitoring,  and  transportation  of  nuclear
waste.  Functions performed on the  effective  date  of  this
amendatory  Act  of  1980  by the Department of State Police,
Department of  Transportation,  and  the  Illinois  Emergency
Management  Agency in the area of nuclear safety may continue
to be performed by these agencies but under the direction  of
the  Department  of  Nuclear  Safety.  All other governmental
functions regulating nuclear safety shall be  coordinated  by
Department of Nuclear Safety.
    K.  The  Department  of  Nuclear Safety shall enforce the
regulations promulgated by the Pollution Control Board  under
Section 25b of the Environmental Protection Act.  Under these
regulations  the  Department  shall  require  that  a person,
corporation, or public authority intending  to   construct  a
nuclear   steam-generating   facility   or   a  nuclear  fuel
reprocessing plant file with the Department an  environmental
feasibility report that incorporates the data provided in the
preliminary  safety  analysis  required  to be filed with the
United States Nuclear Regulatory Commission.
    L.  Personnel  previously  assigned   to   the   programs
transferred  from  the  Department  of  Public Health and the
Office of the State Fire Marshal are  hereby  transferred  to
the   Department  of  Nuclear  Safety.   The  rights  of  the
employees,  the  State,  and  executive  agencies  under  the
Personnel Code or any  collective  bargaining  agreement,  or
under  any  pension, retirement, or annuity plan shall not be
affected by this amendatory Act of 1980.
    M.  All books, records, papers, documents, property (real
or personal), unexpended appropriations and pending  business
in  any  way  pertaining  to  the  rights, powers, and duties
transferred by this amendatory Act of 1980 shall be delivered
and transferred to the Department of Nuclear Safety.
    N.  All files, records, and data gathered by or under the
direction or authority of the Director under this  Act  shall
be  made  available  to the Department of Public Health under
the Illinois Health and Hazardous Substances Registry Act.
    O.  The Department  shall  not  issue  or  renew  to  any
individual  any accreditation, certification, or registration
(but excluding registration under the Radiation  Installation
Act) otherwise issued by the Department if the individual has
defaulted  on  an educational loan guaranteed by the Illinois
Student Assistance Commission; however,  the  Department  may
issue   or   renew   an   accreditation,   certification,  or
registration if the individual has established a satisfactory
repayment  record  as  determined  by  the  Illinois  Student
Assistance  Commission.   Additionally,  any   accreditation,
certification,  or registration issued by the Department (but
excluding registration under the Radiation Installation  Act)
may  be  suspended  or  revoked  if the Department, after the
opportunity   for   a   hearing   under    the    appropriate
accreditation, certification, or registration Act, finds that
the  holder  has failed to make satisfactory repayment to the
Illinois Student Assistance Commission for  a  delinquent  or
defaulted  loan.  For purposes of this Section, "satisfactory
repayment record" shall be defined by rule.
(Source: P.A.  89-411,  eff.  6-1-96;  89-445,  eff.  2-7-96;
revised 3-11-96.)
    Section  2-45.  The Civil Administrative Code of Illinois
is amended by setting forth and renumbering multiple versions
of Section 60.2 as follows:

    (20 ILCS 2105/60.2) (from Ch. 127, par. 60.2)
    Sec.   60.2.  Annual   report.    The    Department    of
Professional  Regulation  shall  prepare  and  file  with the
General Assembly during the second week of  January  in  each
calendar  year a written report setting forth with respect to
each professional, trade,  or  occupational  school  that  is
regulated  by  the  Department  and  that may not lawfully be
operated without a certificate of registration issued by  the
Department:
    (1)  The  number  of  written  or verified complaints, by
license category, made or filed with  the  Department  during
the   immediately   preceding   calendar  year  alleging  the
violation  of  any  licensing   Act   administered   by   the
Department.
    (2)  The  name  and  address  of  each  such  school with
respect to which or with respect to a representative of which
the Department, during  the  immediately  preceding  calendar
year, refused to issue or renew a certificate of registration
required  for  lawful operation of the school and the reasons
for that refusal.
    (3)  The name  and  address  of  each  such  school  with
respect to which or with respect to a representative of which
the      certificate  of  registration  required  for  lawful
operation of the school was  suspended,  revoked,  placed  on
probation,  reprimanded,  or otherwise disciplined during the
immediately preceding calendar year and the reasons for  that
discipline.
    (4)  The  name  and location of each such school at which
the Department made any on site inspection at any time during
the immediately preceding calendar year and the date or dates
on which each such on site visit was made at that school.
(Source: P.A. 87-1008.)

    (20 ILCS 2105/60.3)
    Sec. 60.3. 60.2.  Publication  of  disciplinary  actions.
The   Department  shall  publish,  at  least  monthly,  final
disciplinary  actions  taken  by  the  Department  against  a
licensee or applicant pursuant to the Medical Practice Act of
1987.  The specific disciplinary action and the name  of  the
applicant  or  licensee  shall  be  listed.  This publication
shall be made  available  to  the  public  upon  request  and
payment  of the fees set by the Department.  This publication
may be made available to the public on the  Internet  through
the State of Illinois World Wide Web site.
(Source: P.A. 89-702, eff. 7-1-97; revised 1-29-97.)

    Section 2-50.  The Illinois Development Finance Authority
Act  is  amended by renumbering Sections 7-84, 7-85, and 7-86
as follows:

    (20 ILCS 3505/7.84) (from Ch. 48, par. 850.07z24)
    Sec. 7.84. 7-84. Additional security.  In the event  that
the  Authority  determines that funds pledged, intercepted or
otherwise received or to be received by the  Authority  under
Section  7.83  of  this  Act  will  not be sufficient for the
payment of the  principal,  premium,  if  any,  and  interest
during  the next State fiscal year on any bonds issued by the
Authority under Sections 7.80 through 7.87, the Chairman,  as
soon  as  is  practicable,  shall certify to the Governor the
amount required by the Authority to  enable  it  to  pay  the
principal,  premium, if any, and interest falling due on such
bonds.  The Governor shall submit the amount so certified  to
the  General  Assembly  as  soon as practicable, but no later
than  the  end  of  the  current  State  fiscal  year.   This
paragraph shall not apply  to  any  bonds  as  to  which  the
Authority   shall   have   determined,   in   the  resolution
authorizing their issuance, that  this  paragraph  shall  not
apply.  Whenever  the  Authority  makes such a determination,
that fact shall be plainly stated on the face of  such  bonds
and that fact shall also be reported to the Governor.
    In  the  event  of  a  withdrawal  of  moneys from a debt
service reserve fund established with respect to any issue or
issues of  bonds  of  the  Authority  to  pay  principal  and
interest  on  those  bonds,  the  Chairman,  as  soon  as  is
practicable,   shall  certify  to  the  Governor  the  amount
required to restore such reserve fund to the  level  required
in  the  resolution  or  indenture  securing  the bonds.  The
Governor shall submit the amount so certified to the  General
Assembly  as  soon as practicable, but not later than the end
of the current State fiscal year.
(Source: P.A. 86-1211; 87-778; revised 2-7-97.)

    (20 ILCS 3505/7.85) (from Ch. 48, par. 850.07z25)
    Sec. 7.85. 7-85. Eligible Investments.  Bonds  issued  by
the Authority pursuant to Sections 7.80 through 7.87 shall be
permissible investments within the provisions of Section 12.
(Source: P.A. 86-1211; revised 2-7-97.)

    (20 ILCS 3505/7.86) (from Ch. 48, par. 850.07z26)
    Sec.  7.86.  7-86.  Tax  exemption.   The exercise of the
powers granted in Sections  7.80  through  7.87  are  in  all
respects  for  the  benefit of the people of Illinois, and in
consideration  thereof  the  bonds  issued  pursuant  to  the
aforementioned Sections and the  income  therefrom  shall  be
free  from  all  taxation  by  the  State  or  its  political
subdivisions,  except  for  estate,  transfer and inheritance
taxes.  For purposes of Section 250 of  the  Illinois  Income
Tax  Act, the exemption of the income from bonds issued under
the aforementioned Sections shall terminate after all of  the
bonds  have  been paid.  The amount of such income that shall
be added and then  subtracted  on  the  Illinois  income  tax
return of a taxpayer, pursuant to Section 203 of the Illinois
Income Tax Act, from federal adjusted gross income or federal
taxable income in computing Illinois base income shall be the
interest net of any bond premium amortization.
(Source: P.A. 89-460, eff. 5-24-96; revised 11-1-96.)

    Section  2-55.   The  Illinois Health Facilities Planning
Act is amended by changing Sections 3 and 4 and setting forth
and renumbering multiple versions of Section 12.1 as follows:

    (20 ILCS 3960/3) (from Ch. 111 1/2, par. 1153)
    Sec. 3.  As used in this Act:
    "Health care facilities" means and includes the following
facilities and organizations:
         1.  An ambulatory surgical treatment center required
    to  be  licensed  pursuant  to  the  Ambulatory  Surgical
    Treatment Center Act;
         2.  An  institution,  place,  building,  or   agency
    required   to   be  licensed  pursuant  to  the  Hospital
    Licensing Act;
         3.  Any institution required to be licensed pursuant
    to the Nursing Home Care Act;
         4.  Hospitals, nursing  homes,  ambulatory  surgical
    treatment  centers,  or  kidney disease treatment centers
    maintained by the  State  or  any  department  or  agency
    thereof; and
         5.  Kidney  disease  treatment  centers, including a
    free-standing hemodialysis unit.
    No federally owned  facility  shall  be  subject  to  the
provisions  of  this  Act,  nor  facilities  used  solely for
healing by prayer or spiritual means.
    No facility  licensed  under  the  Supportive  Residences
Licensing Act shall be subject to the provisions of this Act.
    A  facility  designated  as  a supportive living facility
that is in  good  standing  with  the  demonstration  project
established  under Section 5-5.01a of the Illinois Public Aid
Code shall not be subject to the provisions of this Act.
    This Act does not apply  to  facilities  granted  waivers
under Section 3-102.2 of the Nursing Home Care Act.  However,
if  a  demonstration  project  under  that  Act applies for a
certificate of need to convert  to  a  nursing  facility,  it
shall meet the licensure and certificate of need requirements
in effect as of the date of application.
    With  the  exception  of  those  health  care  facilities
specifically  included  in  this Section, nothing in this Act
shall be intended to include facilities operated as a part of
the practice of a physician or  other  licensed  health  care
professional,  whether  practicing in his individual capacity
or within the legal structure of any partnership, medical  or
professional   corporation,   or  unincorporated  medical  or
professional group. Further, this  Act  shall  not  apply  to
physicians  or  other  licensed  health  care  professional's
practices  where  such practices are carried out in a portion
of a health care facility under  contract  with  such  health
care facility by a physician or by other licensed health care
professionals,  whether practicing in his individual capacity
or within the legal structure of any partnership, medical  or
professional   corporation,   or  unincorporated  medical  or
professional groups.  This Act shall apply to construction or
modification  and  to  establishment  by  such  health   care
facility  of  such  contracted  portion  which  is subject to
facility licensing requirements, irrespective  of  the  party
responsible   for   such   action   or   attendant  financial
obligation.
    "Person" means any one or  more  natural  persons,  legal
entities,  governmental  bodies  other  than  federal, or any
combination thereof.
    "Consumer" means any person other than a person (a) whose
major  occupation  currently  involves  or   whose   official
capacity   within   the  last  12  months  has  involved  the
providing, administering or financing of any type  of  health
care  facility,  (b) who is engaged in health research or the
teaching of health, (c) who has a material financial interest
in any activity which involves the  providing,  administering
or  financing of any type of health care facility, or (d) who
is or ever has been a member of the immediate family  of  the
person defined by (a), (b), or (c).
    "State Board" means the Health Facilities Planning Board.
    "Construction  or  modification" means the establishment,
erection,     building,      alteration,      reconstruction,
modernization,   improvement,   extension,   discontinuation,
change  of ownership, of or by a health care facility, or the
purchase or acquisition by or through a health care  facility
of   equipment  or  service  for  diagnostic  or  therapeutic
purposes or for facility administration or operation, or  any
capital  expenditure  made  by  or on behalf of a health care
facility which exceeds the capital expenditure minimum.
    "Establish" means  the  construction  of  a  health  care
facility  or  the  replacement  of  an  existing  facility on
another site.
    "Major medical equipment" means medical  equipment  which
is  used  for  the  provision  of  medical  and  other health
services and which costs in excess of the capital expenditure
minimum, except that  such  term  does  not  include  medical
equipment  acquired  by or on behalf of a clinical laboratory
to provide  clinical  laboratory  services  if  the  clinical
laboratory  is  independent  of  a  physician's  office and a
hospital and it has been determined under Title XVIII of  the
Social  Security  Act  to meet the requirements of paragraphs
(10) and (11) of Section 1861(s) of such Act.  In determining
whether medical equipment  has  a  value  in  excess  of  the
capital  expenditure  minimum, the value of studies, surveys,
designs, plans, working drawings, specifications,  and  other
activities  essential  to  the  acquisition of such equipment
shall be included.
    "Capital Expenditure" means an expenditure:  (A) made  by
or on behalf of a health care facility (as such a facility is
defined  in this Act); and (B) which under generally accepted
accounting  principles  is  not  properly  chargeable  as  an
expense of operation and maintenance, or is made to obtain by
lease or comparable arrangement any facility or part  thereof
or  any  equipment  for a facility or part; and which exceeds
the capital expenditure minimum.
    For the purpose  of  this  paragraph,  the  cost  of  any
studies,   surveys,   designs,   plans,   working   drawings,
specifications,   and   other  activities  essential  to  the
acquisition, improvement, expansion, or  replacement  of  any
plant  or  equipment  with respect to which an expenditure is
made shall be included in  determining  if  such  expenditure
exceeds   the  capital  expenditures  minimum.  Donations  of
equipment or facilities to a health care  facility  which  if
acquired directly by such facility would be subject to review
under  this Act shall be considered capital expenditures, and
a transfer of equipment or  facilities  for  less  than  fair
market  value  shall  be considered a capital expenditure for
purposes of this Act  if  a  transfer  of  the  equipment  or
facilities at fair market value would be subject to review.
    "Capital  expenditure minimum" means $1,000,000 for major
medical  equipment  and  $2,000,000  for  all  other  capital
expenditures, both of which shall  be  annually  adjusted  to
reflect the increase in construction costs due to inflation.
    "Areawide"  means a major area of the State delineated on
a geographic, demographic, and functional  basis  for  health
planning  and  for health service and having within it one or
more local areas for health planning and health service.  The
term "region", as contrasted with the term  "subregion",  and
the  word  "area"  may  be  used  synonymously  with the term
"areawide".
    "Local" means a subarea of a delineated major  area  that
on  a  geographic,  demographic,  and functional basis may be
considered  to  be  part  of  such  major  area.   The   term
"subregion" may be used synonymously with the term "local".
    "Areawide health planning organization" or "Comprehensive
health planning organization" means the health systems agency
designated  by  the Secretary, Department of Health and Human
Services or any successor agency.
    "Local health planning organization"  means  those  local
health  planning organizations that are designated as such by
the areawide health planning organization of the  appropriate
area.
    "Physician"  means  a  person  licensed  to  practice  in
accordance with the Medical Practice Act of 1987, as amended.
    "Licensed   health  care  professional"  means  a  person
licensed to practice  a  health  profession  under  pertinent
licensing statutes of the State of Illinois.
    "Director" means the  Director of the Illinois Department
of Public Health.
    "Agency" means the Illinois Department of Public Health.
    "Comprehensive  health  planning"  means  health planning
concerned with  the  total  population  and  all  health  and
associated  problems that affect the well-being of people and
that encompasses health services, health manpower, and health
facilities; and the coordination among these and  with  those
social,  economic,  and  environmental  factors  that  affect
health.
    "Alternative  health  care  model"  means  a  facility or
program authorized under the Alternative Health Care Delivery
Act.
(Source: P.A.  88-18;  89-499,  eff.  6-28-96;  89-530,  eff.
7-19-96; revised 8-15-96.)

    (20 ILCS 3960/4) (from Ch. 111 1/2, par. 1154)
    Sec. 4.  There is created the Health Facilities  Planning
Board,  which  shall  perform  such  functions as hereinafter
described in this Act.
    The State Board  shall  consist  of  15  voting  members,
including:  8  consumer  members; one member representing the
commercial health insurance industry in Illinois; one  member
representing  proprietary  hospitals  in Illinois; one member
who is actively engaged in the field of hospital  management;
one   member  who  is  a  professional  nurse  registered  in
Illinois; one member who is a  physician  in  active  private
practice  licensed in Illinois to practice medicine in all of
its branches; one member who is actively engaged in the field
of skilled nursing or intermediate care facility  management;
and  one member who is actively engaged in the administration
of an ambulatory surgical treatment center licensed under the
Ambulatory Surgical Treatment Center Act.
    The State Board shall be appointed by the Governor,  with
the   advice  and  consent  of  the  Senate.  In  making  the
appointments,  the  Governor  shall  give  consideration   to
recommendations  made  by  (1) the professional organizations
concerned  with  hospital   management   for   the   hospital
management   appointment,   (2)   professional  organizations
concerned with long term care  facility  management  for  the
long   term   care   facility   management  appointment,  (3)
professional  medical   organizations   for   the   physician
appointment,  (4)  professional nursing organizations for the
nurse  appointment,  and   (5)   professional   organizations
concerned  with ambulatory surgical treatment centers for the
ambulatory surgical treatment center appointment,  and  shall
appoint   as   consumer  members  individuals  familiar  with
community health needs but whose interest in  the  operation,
construction  or  utilization  of  health care facilities are
derived  from  factors  other  than  those  related  to   his
profession, business, or economic gain, and who represent, so
far as possible, different geographic areas of the State. Not
more  than  8  of  the  appointments  shall  be  of  the same
political party.
    The Secretary of Human Services, the Director  of  Public
Aid,  and  the Director of Public Health, or their designated
representatives,  shall  serve  as   ex-officio,   non-voting
members of the State Board.
    Of  those  appointed  by  the Governor as voting members,
each member  shall  hold  office  for  a  term  of  3  years:
provided,  that  any  member  appointed  to  fill  a  vacancy
occurring  prior  to the expiration of the term for which his
predecessor  was  appointed  shall  be  appointed   for   the
remainder  of  such  term  and  the  term  of  office of each
successor shall commence on July 1 of the year in  which  his
predecessor's  term  expires. In making original appointments
to the State Board, the Governor shall appoint 5 members  for
a term of one year, 5 for a term of 2 years, and 3 for a term
of  3 years, and each of these terms of office shall commence
on July 1, 1974. The initial term of office for  the  members
appointed  under  this  amendatory Act of 1996 shall begin on
July 1, 1996 and shall last for 2 years, and each  subsequent
appointment  shall  be  for  a  term of 3 years.  Each member
shall hold  office  until  his  successor  is  appointed  and
qualified.
    State  Board  members,  while  serving on business of the
State Board, shall receive actual and  necessary  travel  and
subsistence  expenses while so serving away from their places
of residence. In addition, while serving on business  of  the
State  Board,  each member shall receive compensation of $150
per day, except  that  such  compensation  shall  not  exceed
$7,500 in any one year for any member.
    The  State  Board  shall provide for its own organization
and procedures, including the selection  of  a  Chairman  and
such  other  officers as deemed necessary. The Director, with
concurrence of the  State  Board,  shall  name  as  full-time
Executive Secretary of the State Board, a person qualified in
health  care  facility  planning  and in administration.  The
Agency shall provide administrative and staff support for the
State Board.  The State Board shall advise  the  Director  of
its  budgetary  and staff needs and consult with the Director
on annual budget preparation.
    The State Board shall meet at least once each quarter, or
as often as the Chairman of the State Board deems  necessary,
or upon the request of a majority of the members.
    Eight  members  of  the  State  Board  shall constitute a
quorum.  The affirmative vote of 8  of  the  members  of  the
State  Board  shall  be  necessary for any action requiring a
vote to be taken  by  the  State  Board.  A  vacancy  in  the
membership of the State Board shall not impair the right of a
quorum  to exercise all the rights and perform all the duties
of the State Board as provided by this Act.
(Source: P.A.  88-490;  89-507,  eff.  7-1-97;  89-674,  eff.
8-14-96; revised 9-12-96.)

    (20 ILCS 3960/12.1) (from Ch. 111 1/2, par. 1162.1)
    Sec.  12.1.  The State Board shall, by rule, define terms
and set those conditions necessary to  implement  the  Health
Care   Worker   Self-Referral   Act.    The  rules  shall  be
promulgated and adopted exclusively and solely by  the  State
Board.
(Source: P.A. 87-1207.)

    (20 ILCS 3960/12.2)
    Sec.  12.2. 12.1.  Powers of the Agency.  For purposes of
this Act, the Agency shall exercise the following powers  and
duties:
    (1)  Review  applications  for  permits and exemptions in
accordance with the standards, criteria, and  plans  of  need
established by the State Board under this Act and certify its
finding to the State Board.
    (2)  Charge and collect an amount determined by the State
Board   to   be   reasonable   fees  for  the  processing  of
applications  by  the  State  Board,  the  Agency,  and   the
appropriate recognized areawide health planning organization.
The  State Board shall set the amounts by rule.  All fees and
fines collected under the provisions of  this  Act  shall  be
deposited  into  the Illinois Health Facilities Planning Fund
to be used for the expenses of administering this Act.
    (3)  Coordinate  with   other   State   agencies   having
responsibilities  affecting health care facilities, including
those of licensure and cost reporting.
(Source: P.A. 89-276, eff. 8-10-95; revised 1-7-97.)

    Section 2-65.   The  State  Finance  Act  is  amended  by
setting  forth  and renumbering multiple versions of Sections
5.402, 5.432, and 5.433 and changing Section 25 as follows:

    (30 ILCS 105/5.402)
    Sec. 5.402.  The Eastern Illinois University Income Fund.
(Source: P.A. 89-4, eff. 1-1-96; 89-626, eff. 8-9-96.)

    (30 ILCS 105/5.432)
    Sec. 5.432.  The State D.A.R.E. Fund.
(Source: P.A. 89-621, eff. 1-1-97.)

    (30 ILCS 105/5.433)
    Sec. 5.433.  The County D.A.R.E. Fund.
(Source: P.A. 89-621, eff. 1-1-97.)

    (30 ILCS 105/5.435)
    Sec. 5.435. 5.402.  The Illinois Fire Fighters'  Memorial
Fund.
(Source: P.A. 89-612, eff. 8-9-96; revised 10-24-96.)

    (30 ILCS 105/5.436)
    Sec.  5.436.  5.432.  The Livestock Management Facilities
Fund.
(Source: P.A. 89-456, eff. 5-21-96; revised 10-24-96.)

    (30 ILCS 105/5.437)
    Sec. 5.437. 5.432.   The  Alternative  Compliance  Market
Account Fund.
(Source: P.A. 89-465, eff. 6-13-96; revised 10-24-96.)

    (30 ILCS 105/5.438)
    Sec.  5.438.  5.432.  The  Gang  Crime Witness Protection
Fund.
(Source: P.A. 89-498, eff. 6-27-96; revised 10-24-96.)

    (30 ILCS 105/5.439)
    Sec. 5.439. 5.432.  The Health Care Facility and  Program
Survey Fund.
(Source: P.A. 89-499, eff. 8-26-96; revised 10-24-96.)

    (30 ILCS 105/5.440)
    Sec.   5.440.  5.432.  The  Secretary  of  State  Special
Services Fund.
(Source: P.A. 89-503, eff. 7-1-96; revised 10-24-96.)

    (30 ILCS 105/5.441)
    Sec. 5.441. 5.432.  The Medical Research and  Development
Fund.
(Source: P.A. 89-506, eff. 7-3-96; revised 10-24-96.)

    (30 ILCS 105/5.442)
    Sec.  5.442.  5.433.  The Post-Tertiary Clinical Services
Fund.
(Source: P.A. 89-506, eff. 7-3-96; revised 10-24-96.)

    (30 ILCS 105/5.443)
    Sec.  5.443.  5.432.  The  Comptroller's   Administrative
Fund.
(Source: P.A.  89-511,  eff.  1-1-97;  89-615,  eff.  8-9-96;
revised 10-24-96.)

    (30 ILCS 105/5.444)
    Sec.   5.444.  5.432.  The  Illinois  Student  Assistance
Commission Higher EdNet Fund.
(Source: P.A. 89-512, eff. 7-11-96; revised 10-24-96.)

    (30 ILCS 105/5.445)
    Sec. 5.445. 5.432.  The Wildlife Prairie Park Fund.
(Source: P.A. 89-611, eff. 1-1-97; revised 10-24-96.)

    (30 ILCS 105/5.446)
    Sec. 5.446. 5.432.  The Master Mason Fund.
(Source: P.A. 89-620, eff. 1-1-97; revised 10-24-96.)

    (30 ILCS 105/5.447)
    Sec. 5.447. 5.433.  The Knights of Columbus Fund.
(Source: P.A. 89-620, eff. 1-1-97; revised 10-24-96.)

    (30 ILCS 105/5.448)
    Sec. 5.448. 5.432.  The Court  of  Claims  Administration
and Grant Fund.
(Source: P.A. 89-670, eff. 8-14-96; revised 10-24-96.)

    (30 ILCS 105/25) (from Ch. 127, par. 161)
    Sec. 25.  Fiscal year limitations.
    (a)  All    appropriations   shall   be   available   for
expenditure for the fiscal year or for a lesser period if the
Act making that appropriation so specifies.  A deficiency  or
emergency  appropriation  shall  be available for expenditure
only through June 30 of the year when  the  Act  making  that
appropriation is enacted unless that Act otherwise provides.
    (b)  Outstanding  liabilities as of June 30, payable from
appropriations which have otherwise expired, may be paid  out
of  the  expiring  appropriations  during  the 2-month period
ending at the close of business on August  31.   Any  service
involving  professional  or  artistic  skills or any personal
services by an employee  whose  compensation  is  subject  to
income tax withholding must be performed as of June 30 of the
fiscal  year  in  order  to  be  considered  an  "outstanding
liability as of June 30" that is thereby eligible for payment
out of the expiring appropriation.
    However,  payment  of  tuition reimbursement claims under
Section 14-7.03 or 18-3 of the School Code may be made by the
State Board of Education from its  appropriations  for  those
respective  purposes  for  any  fiscal  year, even though the
claims reimbursed by the payment may be  claims  attributable
to  a  prior  fiscal  year,  and  payments may be made at the
direction of the State Superintendent of Education  from  the
fund  from  which the appropriation is made without regard to
any fiscal year limitations.
    Medical payments may be made by the Department of  Public
Aid  and child care payments may be made by the Department of
Human Services (as successor to the Department of Public Aid)
from appropriations for those purposes for any  fiscal  year,
without  regard  to  the  fact that the medical or child care
services being compensated for by such payment may have  been
rendered  in a prior fiscal year; and payments may be made at
the  direction  of  the  Department  of  Central   Management
Services from the Health Insurance Reserve Fund and the Local
Government  Health  Insurance  Reserve Fund without regard to
any fiscal year limitations.
    Additionally, payments may be made by the  Department  of
Human  Services  from  its appropriations, or any other State
agency from its  appropriations  with  the  approval  of  the
Department of Human Services, from the Immigration Reform and
Control   Fund   for  purposes  authorized  pursuant  to  the
Immigration Reform and Control Act of 1986, without regard to
any fiscal year limitations.
    (c)  Further, payments may be made by the  Department  of
Public Health and the Department of Human Services (acting as
successor  to  the  Department  of  Public  Health  under the
Department of  Human  Services  Act)  from  their  respective
appropriations for grants for medical care to or on behalf of
persons   suffering   from  chronic  renal  disease,  persons
suffering from hemophilia, rape victims,  and  premature  and
high-mortality  risk infants and their mothers and for grants
for supplemental food  supplies  provided  under  the  United
States  Department of Agriculture Women, Infants and Children
Nutrition Program, for any fiscal year without regard to  the
fact  that the services being compensated for by such payment
may have been rendered in a prior fiscal year.
    (d)  The Department of Public Health and  the  Department
of  Human  Services (acting as successor to the Department of
Public Health under the Department  of  Human  Services  Act)
shall  each  annually submit to the State Comptroller, Senate
President, Senate Minority  Leader,  Speaker  of  the  House,
House  Minority  Leader,  and  the  respective  Chairmen  and
Minority  Spokesmen  of  the Appropriations Committees of the
Senate and the House, on or before December 31, a  report  of
fiscal  year  funds  used to pay for services provided in any
prior fiscal year.  This report shall document by program  or
service  category  those  expenditures from the most recently
completed fiscal year used to pay for  services  provided  in
prior fiscal years.
    (e)  The  Department  of Public Aid and the Department of
Human Services (acting as  successor  to  the  Department  of
Public   Aid)   shall  each  annually  submit  to  the  State
Comptroller,  Senate  President,  Senate   Minority   Leader,
Speaker  of  the House, House Minority Leader, the respective
Chairmen  and  Minority  Spokesmen  of   the   Appropriations
Committees of the Senate and the House, on or before November
30,  a  report  that  shall  document  by  program or service
category those expenditures from the most recently  completed
fiscal  year  used  to pay for (i) services provided in prior
fiscal years and (ii) services for which claims were received
in prior fiscal years.
    (f)  The Department of Human Services  (as  successor  to
the  Department  of  Public Aid) shall annually submit to the
State Comptroller, Senate President, Senate Minority  Leader,
Speaker   of  the  House,  House  Minority  Leader,  and  the
respective   Chairmen   and   Minority   Spokesmen   of   the
Appropriations Committees of the Senate and the House, on  or
before December 31, a report of fiscal year funds used to pay
for  services (other than medical care) provided in any prior
fiscal year.   This  report  shall  document  by  program  or
service  category  those  expenditures from the most recently
completed fiscal year used to pay for  services  provided  in
prior fiscal years.
    (g)  In  addition,  each  annual  report  required  to be
submitted by the Department of Public  Aid  under  subsection
(e)  shall  include the following information with respect to
the State's Medicaid program:
         (1)  Explanations  of  the  exact  causes   of   the
    variance between the previous year's estimated and actual
    liabilities.
         (2)  Factors  affecting  the  Department  of  Public
    Aid's  liabilities,  including but not limited to numbers
    of aid recipients, levels of medical service  utilization
    by  aid  recipients, and inflation in the cost of medical
    services.
         (3)  The results  of  the  Department's  efforts  to
    combat fraud and abuse.
    (h)  As  provided  in  Section  4 of the General Assembly
Compensation Act, any utility bill for service provided to  a
General  Assembly  member's  district  office  for  a  period
including  portions of 2 consecutive fiscal years may be paid
from funds appropriated for such expenditure in either fiscal
year.
    (i)  An agency which administers a fund classified by the
Comptroller as an internal service fund may issue rules for:
         (1)  billing  user  agencies  in  advance  based  on
    estimated charges for goods or services;
         (2)  issuing credits during  the  subsequent  fiscal
    year  for  all  user  agency payments received during the
    prior fiscal year which  were  in  excess  of  the  final
    amounts owed by the user agency for that period; and
         (3)  issuing  catch-up  billings  to  user  agencies
    during  the  subsequent fiscal year for amounts remaining
    due when payments received from the  user  agency  during
    the  prior  fiscal  year  were less than the total amount
    owed for that period.
User agencies are authorized to  reimburse  internal  service
funds  for  catch-up billings by vouchers drawn against their
respective appropriations for the fiscal year  in  which  the
catch-up billing was issued.
(Source:  P.A.  88-554,  eff.  7-26-94; 88-575, eff. 8-12-94;
89-235,  eff.  8-4-95;  89-507,  eff.  7-1-97;  89-511,  eff.
1-1-97; revised 9-10-96.)

    Section 2-70.  The  State  Mandates  Act  is  amended  by
changing,  combining,  and  renumbering  multiple versions of
Sections 8.20 and 8.21 as follows:

    (30 ILCS 805/8.20)
    Sec.    8.20.    8.21.     Exempt    mandates    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 89-510, 89-513, 89-514,
89-606, 89-617, 89-643, 89-671,  89-683,  89-690,  or  89-705
this amendatory Act of 1996 1997.
(Source:  P.A.  89-510,  eff.  7-11-96; 89-513, eff. 9-15-96;
89-514, eff.  7-17-96;  89-606,  eff.  1-1-97;  89-617,  eff.
9-1-96;  89-643,  eff.  8-9-96; 89-671, eff. 8-14-96; 89-683,
eff. 6-1-97;  89-690,  eff.  6-1-97;  89-705,  eff.  1-31-97;
revised 2-12-97.)

    Section  2-75.   The  Use  Tax Act is amended by changing
Section 3-5 as follows:

    (35 ILCS 105/3-5) (from Ch. 120, par. 439.3-5)
    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
music  or  dramatic  arts  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 for the
presentation  of  live  public  performances  of  musical  or
theatrical works on a regular basis.
    (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)  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)  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.
    (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  of  the  first division, a motor
vehicle of the second division that is a self-contained motor
vehicle designed or permanently converted to  provide  living
quarters  for  recreational,  camping,  or  travel  use, with
direct walk through to the living quarters from the  driver's
seat,  or  a  motor vehicle of the second division that is of
the van configuration designed for the transportation of  not
less  than  7  nor  more  than  16  passengers, as defined in
Section 1-146 of the Illinois Vehicle Code, 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,
and  including  machinery  and equipment purchased for lease,
but excluding motor vehicles required to be registered  under
the Illinois Vehicle Code.
    (12)  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.
    (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)  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   exploration,   mining,  offhighway  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.
    (17)  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.
    (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.
    (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.
(Source:  P.A.  88-337; 88-480; 88-547; 88-670, eff. 12-2-94;
89-16,  eff.  5-30-95;  89-115,  eff.  1-1-96;  89-349,  eff.
8-17-95; 89-495, eff. 6-24-96; 89-496, eff. 6-25-96;  89-626,
eff. 8-9-96; revised 8-21-96.)

    Section  2-80.   The  Service  Use  Tax Act is amended by
changing Section 3-5 as follows:

    (35 ILCS 110/3-5) (from Ch. 120, par. 439.33-5)
    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 non-profit Illinois
county fair association for use in conducting, operating,  or
promoting the county fair.
    (3)  Personal  property  purchased  by  a  not-for-profit
music  or  dramatic  arts  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 for the
presentation  of  live  public  performances  of  musical  or
theatrical works on a regular basis.
    (4)  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.
    (5)  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.
    (6)  Personal property purchased from a teacher-sponsored
student   organization   affiliated  with  an  elementary  or
secondary school located in Illinois.
    (7)  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,
and  including  machinery  and equipment purchased for lease,
but excluding motor vehicles required to be registered  under
the Illinois Vehicle Code.
    (8)  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.
    (9)  Proceeds  of  mandatory  service  charges separately
stated on customers' bills for the purchase  and  consumption
of food and beverages acquired as an incident to the purchase
of  a  service  from  a  serviceman,  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.
    (10)  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.
    (11)  Proceeds from the sale of 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.
    (12)  Coal   exploration,   mining,  offhighway  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.
    (13)  Semen used for artificial insemination of livestock
for direct agricultural production.
    (14)  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.
    (15)  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 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 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.
    (16)  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 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 is used in any
other non-exempt manner, the lessor shall be liable  for  the
tax  imposed  under  this Act or the 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 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.
    (17)  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.
    (18)    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.
(Source: P.A. 88-337; 88-480; 88-547; 88-670,  eff.  12-2-94;
89-16,  eff.  5-30-95;  89-115,  eff.  1-1-96;  89-349,  eff.
8-17-95;  89-495, eff. 6-24-96; 89-496, eff. 6-25-96; 89-626,
eff. 8-9-96; revised 8-21-96.)

    Section 2-85.  The Service Occupation Tax Act is  amended
by changing Section 3-5 as follows:

    (35 ILCS 115/3-5) (from Ch. 120, par. 439.103-5)
    Sec.  3-5.   Exemptions.  The following tangible personal
property is exempt from the tax imposed by this Act:
    (1)  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.
    (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 any not-for-profit
music or dramatic  arts  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 for
the presentation of live public performances  of  musical  or
theatrical works on a regular basis.
    (4)  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.
    (5)  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.
    (6)  Personal  property  sold  by   a   teacher-sponsored
student   organization   affiliated  with  an  elementary  or
secondary school located in Illinois.
    (7)  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,
and  including  machinery  and equipment purchased for lease,
but excluding motor vehicles required to be registered  under
the Illinois Vehicle Code.
    (8)  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.
    (9)  Proceeds  of  mandatory  service  charges separately
stated on customers' bills for the 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.
    (10)  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.
    (11)  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.
    (12)  Coal   exploration,   mining,  offhighway  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.
    (13)  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 5 of the Illinois Public Aid
Code who resides in a licensed long-term  care  facility,  as
defined in the Nursing Home Care Act.
    (14)  Semen used for artificial insemination of livestock
for direct agricultural production.
    (15)  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.
    (16)   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
the Retailers' Occupation Tax Act.
    (17)   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  the  Retailers'
Occupation Tax Act.
    (18)   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.
    (19)   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.
(Source: P.A.  88-337;  88-480; 88-547; 88-670, eff. 12-2-94;
89-16,  eff.  5-30-95;  89-115,  eff.  1-1-96;  89-349,  eff.
8-17-95; 89-495, eff. 6-24-96; 89-496, eff. 6-25-96;  89-626,
eff. 8-9-96; revised 8-21-96.)

    Section  2-90.   The  Retailers'  Occupation  Tax  Act is
amended by changing Section 2-5 as follows:

    (35 ILCS 120/2-5) (from Ch. 120, par. 441-5)
    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,
and including machinery and equipment  purchased  for  lease,
but  excluding motor vehicles required to be registered under
the Illinois Vehicle Code.
    (3)  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)  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.
    (5)  A  motor  vehicle  of  the  first  division, a motor
vehicle of the second division that is a self-contained motor
vehicle designed or permanently converted to  provide  living
quarters  for  recreational,  camping,  or  travel  use, with
direct walk through access to the living  quarters  from  the
driver's seat, or a motor vehicle of the second division that
is  of  the van configuration designed for the transportation
of not less than 7 nor more than 16 passengers, as defined in
Section 1-146 of the Illinois Vehicle Code, that is used  for
automobile  renting,  as  defined  in  the Automobile Renting
Occupation and Use Tax Act.
    (6)  Personal  property  sold  by   a   teacher-sponsored
student   organization   affiliated  with  an  elementary  or
secondary school located in Illinois.
    (7)  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 music or
dramatic  arts  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 for the presentation
of live public performances of musical or theatrical works on
a regular basis.
    (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)  Personal  property  sold to interstate carriers for
hire for use as rolling stock moving in  interstate  commerce
or  to lessors under leases of one year or longer executed or
in effect at the time of purchase 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.
    (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.
    (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 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)  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   exploration,   mining,  offhighway  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.
    (22)  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.
    (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)  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 driveaway decal 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
driveaway   decal   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.
    (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.
    (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.
(Source: P.A.  88-337;  88-480; 88-547; 88-670, eff. 12-2-94;
89-16,  eff.  5-30-95;  89-115,  eff.  1-1-96;  89-349,  eff.
8-17-95; 89-495, eff. 6-24-96; 89-496, eff. 6-25-96;  89-626,
eff. 8-9-96; revised 8-21-96.)

    Section  2-95.   The  Property  Tax  Code  is  amended by
changing Sections 15-172 and 15-180  and  setting  forth  and
renumbering multiple versions of Section 18-183 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.
    "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  Disabled Persons Property Tax
Relief and Pharmaceutical Assistance Act.
    "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.
    "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  of  $35,000  or less, (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 of
$35,000 or less, (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.
    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.
    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
65 years of age or older with a household income  of  $35,000
or  less  who is liable, by contract with the owner or owners
of record, for paying real property taxes on the property and
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  Nursing  Home  Care  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
earlier than July 1, but in no event shall a county establish
a date for submission of applications that is later 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. The applications shall be clearly  marked
as  applications  for  the  Senior Citizens Assessment Freeze
Homestead Exemption.
    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.
(Source: P.A. 88-669, eff. 11-29-94;  88-682,  eff.  1-13-95;
89-62, eff. 1-1-96; 89-426, eff. 6-1-96; 89-557, eff. 1-1-97;
89-581, eff. 1-1-97; 89-626, eff. 8-9-96; revised 9-3-96.)

    (35 ILCS 200/15-180)
    Sec.    15-180.    Homestead   improvements.    Homestead
properties that have been improved and residential structures
on homestead property that  have  been  rebuilt  following  a
catastrophic  event  are  entitled to a homestead improvement
exemption, limited to $30,000 per year in  fair  cash  value,
when  that  property  is  owned  and  used  exclusively for a
residential purpose and upon demonstration  that  a  proposed
increase  in  assessed  value is attributable solely to a new
improvement of an existing structure or the rebuilding  of  a
residential  structure following a catastrophic event.  To be
eligible  for  an  exemption  under  this  Section  after   a
catastrophic event, the residential structure must be rebuilt
within  2  years  after the catastrophic event. The exemption
for rebuilt structures under  this  Section  applies  to  the
increase  in value of the rebuilt structure over the value of
the structure before the catastrophic event.  The  amount  of
the  exemption  shall be limited to the fair cash value added
by the new improvement or rebuilding and shall continue for 4
years  from  the  date  the  improvement  or  rebuilding   is
completed  and  occupied, or until the next following general
assessment of that property, whichever is later.
    A proclamation of disaster by the President of the United
States or  Governor  of  the  State  of  Illinois  is  not  a
prerequisite  to  the  classification  of  an occurrence as a
catastrophic  event  under  this  Section.   A  "catastrophic
event" may include an  occurrence  of  widespread  or  severe
damage  or  loss  of property resulting from any catastrophic
cause including but not  limited  to  fire,  including  arson
(provided the fire was not caused by the willful action of an
owner  or resident of the property), flood, earthquake, wind,
storm, explosion, or extended  periods  of  severe  inclement
weather.   In the case of a residential structure affected by
flooding, the  structure  shall  not  be  eligible  for  this
homestead improvement exemption unless it is located within a
local  jurisdiction  which  is  participating in the National
Flood Insurance Program.
    In  counties  of  less  than  3,000,000  inhabitants,  in
addition to the notice requirement  under  Section  12-30,  a
supervisor  of  assessments,  county assessor, or township or
multi-township assessor responsible for adding an  assessable
improvement  to  a  residential  property's  assessment shall
either notify a taxpayer whose assessment  has  been  changed
since  the  last  preceding  assessment that he or she may be
eligible for the exemption provided  under  this  Section  or
shall grant the exemption automatically.
(Source:  P.A.  88-455;  89-595,  eff.  1-1-97;  89-690, eff.
6-1-97; revised 1-15-97)

    (35 ILCS 200/18-183)
    Sec. 18-183.  Cancellation and repayment of tax benefits.
Beginning with tax year 1996, if any taxing  district  enters
into  an  agreement  that explicitly sets forth the terms and
length of a contract and thereby grants a  tax  abatement  or
other  tax  benefit  under  Sections 18-165 through 18-180 of
this Code, under the Economic Development Area Tax  Increment
Allocation  Act, the County Economic Development Project Area
Tax Increment Allocation  Act  of  1991,  the  Tax  Increment
Allocation  Redevelopment  Act,  the Industrial Jobs Recovery
Law, the Economic  Development  Project  Area  Tax  Increment
Allocation  Act  of  1995,  or  under  any other statutory or
constitutional authority implemented under the  Property  Tax
Code  to  a  private  individual or entity for the purpose of
originating,  locating,   maintaining,   rehabilitating,   or
expanding  a business facility within the taxing district and
the individual or entity relocates the entire  facility  from
the  taxing  district in violation of the terms and length of
the contract explicitly  set  forth  in  the  agreement,  the
abatement  or other tax benefit for the remainder of the term
is cancelled and the amount of the abatements  or  other  tax
benefits  granted  before cancellation shall be repaid to the
taxing district within 30 days.  This Section may  be  waived
by  the  mutual agreement of the individual or entity and the
taxing district.
(Source: P.A. 89-591, eff. 8-1-96; revised 8-15-96.)

    (35 ILCS 200/18-184)
    Sec. 18-184. 18-183.   Abatement;  annexation  agreement.
Upon   a  majority  vote  of  its  governing  authority,  any
municipality may, after the  determination  of  the  assessed
valuation  of  its  property, order the county clerk to abate
any portion of its taxes on any property that is the  subject
of  an  annexation agreement between the municipality and the
property owner.
(Source: P.A. 89-537, eff. 1-1-97; revised 8-15-96.)

    Section 2-100.  The Illinois Pension Code is  amended  by
changing Section 16-106 as follows:
    (40 ILCS 5/16-106) (from Ch. 108 1/2, par. 16-106)
    Sec.    16-106.  Teacher.    "Teacher":   The   following
individuals, provided that, for employment prior to  July  1,
1990,  they  are  employed  on  a  full-time basis, or if not
full-time, on a permanent and continuous basis in a  position
in  which  services  are expected to be rendered for at least
one school term:
         (1)  Any educational,  administrative,  professional
    or  other  staff  employed  in  the public common schools
    included within  this  system  in  a  position  requiring
    certification  under  the law governing the certification
    of teachers;
         (2)  Any educational,  administrative,  professional
    or other staff employed in any facility of the Department
    of  Children  and  Family  Services  or the Department of
    Human Services, in  a  position  requiring  certification
    under  the  law  governing the certification of teachers,
    and any person who (i) works in such a position  for  the
    Department  of  Corrections,  (ii)  was  a member of this
    System on May 31, 1987, and (iii) did not elect to become
    a  member  of  the  State  Employees'  Retirement  System
    pursuant to Section 14-108.2 of this Code;
         (3)  Any   regional   superintendent   of   schools,
    assistant  regional  superintendent  of  schools,   State
    Superintendent  of  Education; any person employed by the
    State Board of Education as an executive;  any  executive
    of  the  boards  engaged  in the service of public common
    school education in school districts covered  under  this
    system  of which the State Superintendent of Education is
    an ex-officio member;
         (4)  Any employee  of  a  school  board  association
    operating  in  compliance  with  Article 23 of the School
    Code who is certificated  under  the  law  governing  the
    certification of teachers;
         (5)  Any person employed by the retirement system as
    an  executive,  and any person employed by the retirement
    system who is certificated under the  law  governing  the
    certification of teachers;
         (6)  Any  educational,  administrative, professional
    or other staff employed by and under the supervision  and
    control of a regional superintendent of schools, provided
    such  employment  position  requires  the  person  to  be
    certificated under the law governing the certification of
    teachers  and  is  in an educational program serving 2 or
    more districts  in  accordance  with  a  joint  agreement
    authorized by the School Code or by federal legislation;
         (7)  Any  educational,  administrative, professional
    or  other  staff  employed  in   an  educational  program
    serving 2 or more school districts in accordance  with  a
    joint  agreement  authorized  by  the  School  Code or by
    federal  legislation  and   in   a   position   requiring
    certification  under the laws governing the certification
    of teachers;
         (8)  Any officer or employee of a statewide  teacher
    organization  who  is  certified  under the law governing
    certification of teachers, provided: (i)  the  individual
    had  previously established creditable service under this
    Article, (ii) the individual files with the system, on or
    before January 1, 1990, an irrevocable election to become
    a member, and  (iii)  the  individual  does  not  receive
    credit  for  such service under any other Article of this
    Code;
         (9)  Any educational, administrative,  professional,
    or  other staff employed in a charter school operating in
    compliance  with  the  Charter   Schools   Law   who   is
    certificated under the law governing the certification of
    teachers.
    An  annuitant  receiving  a retirement annuity under this
Article or under Article 17 of this Code who  is  temporarily
employed  by  a  board  of  education  or  other employer not
exceeding that  permitted  under  Section  16-118  is  not  a
"teacher"  for  purposes  of  this Article.  A person who has
received  a  single-sum  retirement  benefit  under   Section
16-136.4  of  this Article is not a "teacher" for purposes of
this Article.
(Source: P.A. 89-450,  eff.  4-10-96;  89-507,  eff.  7-1-97;
revised 10-3-96.)

    Section  2-105.   The Counties Code is amended by setting
forth,  changing,  and  renumbering  multiple   versions   of
Sections 5-1069.5 and 5-1121 as follows:

    (55 ILCS 5/5-1069.2)
    Sec.  5-1069.2.  5-1069.5.   Post-parturition  care. 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-parturition care benefits required to be  covered  by  a
policy  of  accident  and health insurance under Section 356s
356r of the Illinois Insurance Code.   The  requirement  that
post-parturition  care 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.
(Source: P.A. 89-513, eff. 9-15-96; revised 7-24-96.)

    (55 ILCS 5/5-1069.5)
    Sec.  5-1069.5.  Woman's  health  care   provider.    All
counties,  including  home  rule counties, are subject to the
provisions of Section 356r of the  Illinois  Insurance  Code.
The  requirement under this Section that health care benefits
provided by counties comply with Section 356r of the Illinois
Insurance Code is an exclusive  power  and  function  of  the
State  and  is  a  denial  and limitation of home rule county
powers under Article VII, Section 6, subsection  (h)  of  the
Illinois Constitution.
(Source: P.A. 89-514, eff. 7-17-96; revised 7-24-96.)

    (55 ILCS 5/5-1121)
    Sec. 5-1121.  Demolition, repair, or enclosure.
    (a)  The  county  board  of  each  county  may  demolish,
repair,  or  enclose  or  cause  the  demolition,  repair, or
enclosure of dangerous and unsafe  buildings  or  uncompleted
and  abandoned  buildings within the territory of the county,
but not within the territory of  any  municipality,  and  may
remove  or  cause  the  removal of garbage, debris, and other
hazardous, noxious, or unhealthy substances or materials from
those buildings.
    The county board shall apply to the circuit court of  the
county  in  which  the  building  is located (i) for an order
authorizing action to be taken with respect to a building  if
the  owner  or  owners  of  the  building, including the lien
holders of record, after at least 15 days' written notice  by
mail  to  do  so,  have  failed to put the building in a safe
condition or to demolish it or (ii) for  an  order  requiring
the owner or owners of record to demolish, repair, or enclose
the   building  or  to  remove  garbage,  debris,  and  other
hazardous, noxious, or unhealthy substances or materials from
the building.  It is not a defense to  the  cause  of  action
that  the  building  is  boarded  up  or  otherwise enclosed,
although the court  may  order  the  defendant  to  have  the
building  boarded  up  or  otherwise  enclosed.  Where,  upon
diligent  search, the identity or whereabouts of the owner or
owners of the building, including the lien holders of record,
is not ascertainable, notice mailed to the person or  persons
in whose name the real estate was last assessed is sufficient
notice under this Section.
    The  hearing  upon  the  application to the circuit court
shall be expedited by the court and shall be given precedence
over all other suits.
    The cost of the demolition, repair, enclosure, or removal
incurred by the county, by an intervenor, or by a lien holder
of record, including court costs, attorney's fees, and  other
costs   related  to  the  enforcement  of  this  Section,  is
recoverable from the owner or owners of the  real  estate  or
the  previous  owner  or both if the property was transferred
during the 15 day notice period and is a  lien  on  the  real
estate;  the lien is superior to all prior existing liens and
encumbrances, except taxes, if, within  180  days  after  the
repair,  demolition,  enclosure,  or removal, the county, the
lien holder of record, or the  intervenor  who  incurred  the
cost and expense shall file a notice of lien for the cost and
expense  incurred in the office of the recorder in the county
in which the real estate is located or in the office  of  the
registrar of titles of the county if the real estate affected
is registered under the Registered Titles (Torrens) Act.
    The  notice must consist of a sworn statement setting out
(1) a description of  the  real  estate  sufficient  for  its
identification, (2) the amount of money representing the cost
and expense incurred, and (3) the date or dates when the cost
and  expense  was  incurred by the county, the lien holder of
record, or the intervenor.  Upon  payment  of  the  cost  and
expense by the owner of or persons interested in the property
after  the  notice  of lien has been filed, the lien shall be
released by the county, the person in whose name the lien has
been filed, or the assignee of the lien, and the release  may
be  filed  of record as in the case of filing notice of lien.
Unless the lien is enforced under subsection  (b),  the  lien
may  be enforced by foreclosure proceedings as in the case of
mortgage foreclosures under Article XV of the Code  of  Civil
Procedure  or  mechanics'  lien  foreclosures.  An  action to
foreclose this lien may be commenced at any  time  after  the
date  of  filing  of  the  notice  of  lien.   The  costs  of
foreclosure  incurred  by  the county, including court costs,
reasonable  attorney's  fees,  advances   to   preserve   the
property,  and other costs related to the enforcement of this
subsection, plus statutory interest, are a lien on  the  real
estate  and  are  recoverable by the county from the owner or
owners of the real estate.
    All liens arising under  this  subsection  (a)  shall  be
assignable.  The  assignee  of  the  lien shall have the same
power to enforce the lien as the assigning party, except that
the lien may not be enforced under subsection (b).
    If the appropriate official of any county determines that
any  dangerous  and  unsafe  building  or   uncompleted   and
abandoned   building   within   its  territory  fulfills  the
requirements for an action by the county under the  Abandoned
Housing  Rehabilitation  Act,  the  county may petition under
that Act in a proceeding brought under this subsection.
    (b)  In any case where a county has obtained a lien under
subsection (a), the county may enforce the  lien  under  this
subsection  (b)  in  the same proceeding in which the lien is
authorized.
    A county desiring to enforce a lien under this subsection
(b) shall petition  the  court  to  retain  jurisdiction  for
foreclosure proceedings under this subsection.  Notice of the
petition shall be served, by certified or registered mail, on
all persons who were served notice under subsection (a).  The
court  shall  conduct a hearing on the petition not less than
15 days after the notice is served.  If the court  determines
that  the  requirements  of  this  subsection  (b)  have been
satisfied,  it  shall   grant   the   petition   and   retain
jurisdiction over the matter until the foreclosure proceeding
is  completed.   The  costs  of  foreclosure  incurred by the
county, including court costs,  reasonable  attorneys'  fees,
advances to preserve the property, and other costs related to
the  enforcement of this subsection, plus statutory interest,
are a lien on the real estate  and  are  recoverable  by  the
county  from  the owner or owners of the real estate.  If the
court denies the petition, the county may enforce the lien in
a separate action as provided in subsection (a).
    All persons designated in Section 15-1501 of the Code  of
Civil   Procedure   as   necessary   parties  in  a  mortgage
foreclosure action shall be joined as parties before issuance
of an order of foreclosure.  Persons  designated  in  Section
15-1501 of the Code of Civil Procedure as permissible parties
may also be joined as parties in the action.
    The  provisions  of  Article  XV  of  the  Code  of Civil
Procedure applicable to mortgage foreclosures shall apply  to
the  foreclosure  of a lien under this subsection (b), except
to the extent that those  provisions  are  inconsistent  with
this  subsection.    For  purposes  of  foreclosures of liens
under  this  subsection,  however,  the   redemption   period
described in subsection (b) of Section 15-1603 of the Code of
Civil  Procedure shall end 60 days after the date of entry of
the order of foreclosure.
    (c)  In addition to any other remedy provided by law, the
county board of any county may petition the circuit court  to
have  property  declared  abandoned under this subsection (c)
if:
         (1)  the property has been tax delinquent for  2  or
    more  years  or  bills for water service for the property
    have been outstanding for 2 or more years;
         (2)  the property is unoccupied by  persons  legally
    in possession; and
         (3)  the  property  contains  a  dangerous or unsafe
    building.
    All persons having an interest of record in the property,
including  tax  purchasers  and  beneficial  owners  of   any
Illinois  land  trust  having title to the property, shall be
named as defendants in the petition and shall be served  with
process.   In  addition,  service  shall be had under Section
2-206 of the Code  of  Civil  Procedure  as  in  other  cases
affecting property.
    The county, however, may proceed under this subsection in
a  proceeding  brought  under  subsection (a).  Notice of the
petition shall be served by certified or registered  mail  on
all persons who were served notice under subsection (a).
    If  the  county  proves  that the conditions described in
this subsection exist and the owner of record of the property
does not enter an appearance in the action, or, if  title  to
the  property  is  held by an Illinois land trust, if neither
the owner of record nor the owner of the beneficial  interest
of  the  trust  enters an appearance, the court shall declare
the property abandoned.
    If that determination is made, notice shall  be  sent  by
certified  or  registered  mail  to  all  persons  having  an
interest  of record in the property, including tax purchasers
and beneficial owners of any Illinois land trust having title
to the property, stating that title to the property  will  be
transferred  to  the  county  unless,  within  30 days of the
notice, the owner of  record  enters  an  appearance  in  the
action,  or unless any other person having an interest in the
property files with the  court  a  request  to  demolish  the
dangerous  or  unsafe building or to put the building in safe
condition.
    If the owner of record enters an appearance in the action
within the 30 day period, the court shall  vacate  its  order
declaring  the  property abandoned.  In that case, the county
may amend its complaint  in  order  to  initiate  proceedings
under subsection (a).
    If  a request to demolish or repair the building is filed
within the 30 day period, the court shall grant permission to
the requesting party to demolish the building within 30  days
or  to  restore the building to safe condition within 60 days
after the request is granted.  An extension  of  that  period
for up to 60 additional days may be given for good cause.  If
more than one person with an interest in the property files a
timely  request, preference shall be given to the person with
the lien or other interest of the highest priority.
    If the requesting party proves  to  the  court  that  the
building  has  been  demolished  or  put  in a safe condition
within the period of time granted by  the  court,  the  court
shall issue a quitclaim judicial deed for the property to the
requesting party, conveying only the interest of the owner of
record,  upon  proof  of  payment  to the county of all costs
incurred  by  the  county  in  connection  with  the  action,
including but not limited to court  costs,  attorney's  fees,
administrative  costs,  the  costs,  if  any, associated with
building enclosure or removal, and  receiver's  certificates.
The  interest in the property so conveyed shall be subject to
all liens and encumbrances on the property.  In addition,  if
the interest is conveyed to a person holding a certificate of
purchase  for  the  property under the Property Tax Code, the
conveyance shall be subject to the rights  of  redemption  of
all  persons entitled to redeem under that Act, including the
original owner of record.
    If no person with an interest in  the  property  files  a
timely  request  or if the requesting party fails to demolish
the building or put the building in safe condition within the
time specified by the court,  the  county  may  petition  the
court  to  issue  a  judicial  deed  for  the property to the
county.  A conveyance  by  judicial  deed  shall  operate  to
extinguish all existing ownership interests in, liens on, and
other interest in the property, including tax liens.
    (d)  Each   county   may   use  the  provisions  of  this
subsection to expedite the removal of certain buildings  that
are  a  continuing  hazard to the community in which they are
located.
    If a residential building is 2 stories or less in  height
as  defined  by  the county's building code, and the official
designated to be in charge of enforcing the county's building
code determines that the building is open and vacant  and  an
immediate and continuing hazard to the community in which the
building is located, then the official shall be authorized to
post  a  notice not less than 2 feet by 2 feet in size on the
front of the building.  The notice shall be dated as  of  the
date  of the posting and shall state that unless the building
is demolished, repaired, or enclosed, and unless any garbage,
debris, and other hazardous, noxious, or unhealthy substances
or materials are removed so that an immediate and  continuing
hazard  to  the community no longer exists, then the building
may be demolished, repaired, or  enclosed,  or  any  garbage,
debris, and other hazardous, noxious, or unhealthy substances
or materials may be removed, by the county.
    Not  later  than  30  days  following  the posting of the
notice, the county shall do both of the following:
         (1)  Cause to be sent,  by  certified  mail,  return
    receipt  requested,  a  notice to all owners of record of
    the property, the beneficial owners of any Illinois  land
    trust  having  title to the property, and all lienholders
    of record in the property,  stating  the  intent  of  the
    county  to  demolish,  repair, or enclose the building or
    remove any garbage, debris, or other hazardous,  noxious,
    or  unhealthy  substances  or materials if that action is
    not taken by the owner or owners.
         (2)  Cause to be published, in a newspaper published
    or  circulated  in  the  county  where  the  building  is
    located, a notice setting forth  (i)  the  permanent  tax
    index  number  and  the  address  of the building, (ii) a
    statement that  the  property  is  open  and  vacant  and
    constitutes  an  immediate  and  continuing hazard to the
    community, and (iii) a statement that the county  intends
    to  demolish,  repair,  or enclose the building or remove
    any garbage, debris,  or  other  hazardous,  noxious,  or
    unhealthy  substances or materials if the owner or owners
    or lienholders of record fail  to  do  so.   This  notice
    shall be published for 3 consecutive days.
    A  person objecting to the proposed actions of the county
board may file his or her objection in an appropriate form in
a court of competent jurisdiction.
    If the building is not demolished, repaired, or enclosed,
or the garbage,  debris,  or  other  hazardous,  noxious,  or
unhealthy  substances or materials are not removed, within 30
days of mailing the notice  to  the  owners  of  record,  the
beneficial  owners of any Illinois land trust having title to
the property, and all lienholders of record in the  property,
or  within  30  days  of  the  last day of publication of the
notice, whichever is later, the county board shall  have  the
power  to  demolish,  repair,  or  enclose the building or to
remove any garbage, debris, or other hazardous,  noxious,  or
unhealthy substances or materials.
    The  county may proceed to demolish, repair, or enclose a
building or remove any garbage, debris, or  other  hazardous,
noxious,  or  unhealthy  substances  or  materials under this
subsection within a 120-day period following the date of  the
mailing  of the notice if the appropriate official determines
that the demolition, repair, enclosure,  or  removal  of  any
garbage,  debris,  or  other hazardous, noxious, or unhealthy
substances or materials is necessary to remedy the  immediate
and  continuing  hazard.   If,  however,  before  the  county
proceeds   with   any  of  the  actions  authorized  by  this
subsection, any  person  has  sought  a  hearing  under  this
subsection  before  a  court  and  has  served  a copy of the
complaint on the chief executive officer of the county,  then
the  county  shall  not  proceed with the demolition, repair,
enclosure, or removal of garbage, debris, or other substances
until the court determines that that action is  necessary  to
remedy  the hazard and issues an order authorizing the county
to do so.
    Following the  demolition,  repair,  or  enclosure  of  a
building,  or  the  removal  of  garbage,  debris,  or  other
hazardous,  noxious,  or  unhealthy  substances  or materials
under this subsection, the county may file a notice  of  lien
against  the  real  estate  for  the  cost of the demolition,
repair, enclosure, or  removal  within  180  days  after  the
repair,  demolition,  enclosure, or removal occurred, for the
cost and expense incurred, in the office of the  recorder  in
the  county  in  which  the  real estate is located or in the
office of the registrar of titles of the county if  the  real
estate  affected  is  registered  under the Registered Titles
(Torrens) Act.  The notice of lien shall consist of  a  sworn
statement setting forth (i) a description of the real estate,
such  as  the  address  or other description of the property,
sufficient for its identification; (ii) the expenses incurred
by the county in undertaking the remedial actions  authorized
under  this  subsection; (iii) the date or dates the expenses
were incurred by the county; (iv) a statement by the official
responsible for enforcing the building code that the building
was  open  and  vacant  and  constituted  an  immediate   and
continuing  hazard  to  the community; (v) a statement by the
official that the required sign was posted on  the  building,
that  notice  was  sent  by  certified  mail to the owners of
record, and that notice was published in accordance with this
subsection; and (vi) a statement as to  when  and  where  the
notice was published.  The lien authorized by this subsection
may  thereafter  be  released  or  enforced  by the county as
provided in subsection (a).
(Source: P.A. 89-585, eff. 1-1-97; revised 8-15-96.)

    (55 ILCS 5/5-1123)
    Sec. 5-1123. 5-1121.  Builder or developer cash bond.
    (a)  A county may not require a cash bond from a  builder
or developer to guarantee completion of a project improvement
when   the   builder   or  developer  has  filed  a  current,
irrevocable  letter  of  credit  with  good  and   sufficient
sureties  with  the  county  clerk  in  an amount equal to or
greater than 110% of the amount of the bid  on  each  project
improvement.   A builder or developer may elect to utilize an
irrevocable  letter  of  credit  to  satisfy  any  cash  bond
requirement established by a county.
    (b)  If a county receives a cash bond from a  builder  or
developer  to  guarantee completion of a project improvement,
the county shall (i) register the bond under the  address  of
the  project and the construction permit number and (ii) give
the builder or developer a receipt for the bond.  The  county
shall  establish and maintain a separate account for all cash
bonds received from  builders  and  developers  to  guarantee
completion of a project improvement.
    (c)  The  county shall refund a cash bond to a builder or
developer within 60  days  after  the  builder  or  developer
notifies  the  county  in  writing  of  the completion of the
project improvement for which  the  bond  was  required.  For
these  purposes,  "completion"  means  that  the  county  has
determined  that  the  project improvement for which the bond
was required is complete or a licensed engineer  or  licensed
architect  has  certified to the builder or developer and the
county that the project improvement has been completed to the
applicable  codes  and  ordinances.  The  county  shall   pay
interest to the builder or developer, beginning 60 days after
the  builder  or  developer notifies the county in writing of
the completion of the project improvement, on  any  bond  not
refunded  to  a  builder  or developer, at the rate of 1% per
month.
    (d)  A home rule county may not require or maintain  cash
bonds  from  builders  or developers in a manner inconsistent
with this Section.  This Section is a denial  and  limitation
under  subsection  (i)  of  Section  6  of Article VII of the
Illinois Constitution on the concurrent exercise  by  a  home
rule county of powers and functions exercised by the State.
(Source: P.A. 89-518, eff. 1-1-97; revised 8-15-96.)

    Section   2-110.    The  County  Care  for  Persons  with
Developmental Disabilities Act is amended by changing Section
13 as follows:

    (55 ILCS 105/13) (from Ch. 91 1/2, par. 213)
    Sec. 13. The Department of  Human  Services  shall  adopt
general  rules  for  the  guidance of any board of directors,
prescribing  reasonable  standards  in  regard  to   program,
facilities  and  services  for residents with a developmental
disability.
    The provisions of the Illinois  Administrative  Procedure
Act  are  hereby  expressly  adopted  and  shall apply to all
administrative rules and procedures of the  Department  under
this  Act,  except  that  in  case  of  conflict  between the
Illinois  Administrative  Procedure  Act  and  this  Act  the
provisions of this Act shall control, and except that Section
5-35 of the Illinois Administrative Procedure Act relating to
procedures for rule-making does not apply to the adoption  of
any rule required by federal law in connection with which the
Department   is   precluded   by   law  from  exercising  any
discretion.
    The  Department  of  Human  Services  may  conduct   such
investigation  as  may  be  necessary to ascertain compliance
with rules adopted pursuant to this Act.
    If any such board of directors fails to comply with  such
rules,  the  Department  of  Human  Services  shall  withhold
distribution  of  any  State  grant in aid until such time as
such board complies with such rules.
(Source: P.A. 88-45; 88-380;  88-388;  89-507,  eff.  7-1-97;
89-585, eff. 1-1-97; revised 9-9-96.)

    Section 2-115.  The Illinois Municipal Code is amended by
changing  Sections  7-1-1  and  11-15.1-2  and setting forth,
changing,  and  renumbering  multiple  versions  of   Section
10-4-2.5 as follows:

    (65 ILCS 5/7-1-1) (from Ch. 24, par. 7-1-1)
    Sec.  7-1-1.  Annexation  of  contiguous  territory.  Any
territory  that  is  not  within  the corporate limits of any
municipality but is  contiguous  to  a  municipality  may  be
annexed to the municipality as provided in this Article.  For
the purposes of this Article any territory to be annexed to a
municipality  shall  be  considered  to  be contiguous to the
municipality notwithstanding that the territory is  separated
from  the  municipality  by  a  railroad  or  public  utility
right-of-way,  but  upon  annexation the area included within
that right-of-way shall not be considered to  be  annexed  to
the municipality.
    Except in counties with a population of more than 500,000
but less than 3,000,000, territory which is not contiguous to
a  municipality  but  is separated therefrom only by a forest
preserve district may be annexed to the municipality pursuant
to Sections 7-1-7 or 7-1-8, but the territory included within
such forest preserve district shall not  be  annexed  to  the
municipality  nor  shall the territory of the forest preserve
district be subject to rights-of-way for access  or  services
between the parts of the municipality separated by the forest
preserve  district  without the consent of the governing body
of the forest preserve district.
    In counties that are contiguous to the Mississippi  River
with  populations of more than 200,000 but less than 255,000,
a municipality that is partially located in territory that is
wholly surrounded by  the  Mississippi  River  and  a  canal,
connected  at  both ends to the Mississippi River and located
on property owned by the United States of America, may  annex
noncontiguous  territory  in  the  surrounded territory under
Sections  7-1-7,  7-1-8,  or  7-1-9  if  that  territory   is
separated  from  the  municipality  by  property owned by the
United States of America, but that federal property shall not
be annexed without the consent of the federal government.
    When any land proposed to be annexed is part of any  Fire
Protection District or of any Public Library District and the
annexing  municipality  provides  fire protection or a public
library, as the case may be, the Trustees  of  each  District
shall  be notified in writing by certified or registered mail
before any  court  hearing  or  other  action  is  taken  for
annexation.   The  notice shall be served 10 days in advance.
An affidavit that service of notice has been had as  provided
by  this Section must be filed with the clerk of the court in
which the annexation  proceedings  are  pending  or  will  be
instituted  or,  when no court proceedings are involved, with
the recorder for the county where the land is  situated.   No
annexation  of  that  land is effective unless service is had
and the affidavit filed as provided in this Section.
    The new boundary shall extend to  the  far  side  of  any
adjacent  highway  and  shall  include  all  of every highway
within the area annexed.  These highways shall be  considered
to   be  annexed  even  though  not  included  in  the  legal
description set forth in the petition for  annexation.   When
any  land  proposed  to be annexed includes any highway under
the jurisdiction of any township, the  Township  Commissioner
of  Highways and the Board of Town Trustees shall be notified
in writing by certified or registered mail before  any  court
hearing or other action is taken for annexation. In the event
that a municipality fails to notify the Township Commissioner
of  Highways and the Board of Town Trustees of the annexation
of an  area  within  the  township,  the  municipality  shall
reimburse  that  township for any loss or liability caused by
the failure to give notice. If any municipality  has  annexed
any area before October 1, 1975, and the legal description in
the  petition  for  annexation  did  not  include  the entire
adjacent highway, any such annexation shall be valid and  any
highway  adjacent  to the area annexed shall be considered to
be annexed notwithstanding the failure  of  the  petition  to
annex  to  include  the  description  of  the entire adjacent
highway.
    Any  annexation,   disconnection   and   annexation,   or
disconnection  under  this  Article  of any territory must be
reported by certified or registered  mail  by  the  corporate
authority  initiating  the action to the election authorities
having jurisdiction in the  territory  and  the  post  office
branches   serving  the  territory  within  30  days  of  the
annexation, disconnection and annexation, or disconnection.
    Failure  to  give  notice  to   the   required   election
authorities  or  post office branches will not invalidate the
annexation or disconnection.  For purposes  of  this  Section
"election authorities" means the county clerk where the clerk
acts  as  the clerk of elections or the clerk of the election
commission having jurisdiction.
    No   annexation,   disconnection   and   annexation,   or
disconnection under this Article of territory having electors
residing therein made (1) before any primary election  to  be
held  within  the municipality affected thereby and after the
time for filing petitions as a candidate  for  nomination  to
any office to be chosen at the primary election or (2) within
60  days  before  any  general election to be held within the
municipality shall be effective until the day after the  date
of the primary or general election, as the case may be.
    For  the  purpose  of  this  Section,  a  toll highway or
connection between parcels via an overpass bridge over a toll
highway shall not be considered a deterrent to the definition
of contiguous territory.
    When territory is proposed to be annexed by  court  order
under  this Article, the corporate authorities or petitioners
initiating the action shall notify each person who pays  real
estate  taxes  on  property  within that territory unless the
person is a  petitioner.   The  notice  shall  be  served  by
certified  or  registered  mail, return receipt requested, at
least 20 days before a court hearing or other  court  action.
If  the  person who pays real estate taxes on the property is
not the owner of record, then  the  payor  shall  notify  the
owner of record of the proposed annexation.
(Source: P.A.  89-388,  eff.  1-1-96;  89-502,  eff. 6-28-96;
89-666, eff. 8-14-96; revised 8-19-96.)

    (65 ILCS 5/10-4-2.2)
    Sec. 10-4-2.2. 10-4-2.5.   Post-parturition  care.  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-parturition care benefits required to
be covered by a policy of accident and health insurance under
Section 356s  356r  of  the  Illinois  Insurance  Code.   The
requirement that post-parturition care 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 municipality to which  this  Section  applies  must
comply with every provision of this Section.
(Source: P.A. 89-513, eff. 9-15-96; revised 7-24-96.)

    (65 ILCS 5/10-4-2.5)
    Sec.   10-4-2.5.  Woman's   health   care  provider.  The
corporate authorities of all municipalities  are  subject  to
the  provisions  of  Section  356r  of the Illinois Insurance
Code.  The requirement under this Section  that  health  care
benefits  provided by municipalities comply with Section 356r
of the Illinois Insurance Code  is  an  exclusive  power  and
function  of the State and is a denial and limitation of home
rule  municipality  powers  under  Article  VII,  Section  6,
subsection (h) of the Illinois Constitution.
(Source: P.A. 89-514, eff. 7-17-96; revised 7-24-96.)

    (65 ILCS 5/11-15.1-2) (from Ch. 24, par. 11-15.1-2)
    Sec. 11-15.1-2. Any such agreement may  provide  for  the
following  as  it relates to the land which is the subject of
the agreement:
    (a)  The   annexation   of   such   territory   to    the
municipality, subject to the provisions of Article 7.
    (b)  The   continuation   in  effect,  or  amendment,  or
continuation in effect as amended, of any ordinance  relating
to subdivision controls, zoning, official plan, and building,
housing and related restrictions; provided, however, that any
public hearing required by law to be held before the adoption
of  any  ordinance amendment provided in such agreement shall
be held prior to the execution  of  the  agreement,  and  all
ordinance  amendments  provided  in  such  agreement shall be
enacted according to law.
    (c)  A limitation upon increases in permit fees  required
by the municipality.
    (d)  Contributions  of either land or monies, or both, to
any municipality and  to  other  units  of  local  government
having  jurisdiction  over  all  or part of land  that is the
subject matter of any annexation agreement entered into under
the provisions of this Section shall  be  deemed  valid  when
made  and  shall  survive  the  expiration  date  of any such
annexation agreement with respect to all or any part  of  the
land that was the subject matter of the annexation agreement.
    (e)  The granting of utility franchises for such land.
    (e-5)  The abatement of property taxes.
    (f)  Any   other   matter   not   inconsistent  with  the
provisions of this Code, nor forbidden by law.
    Any action taken by the corporate authorities during  the
period  such  agreement is in effect, which, if it applied to
the land which is the subject of the agreement,  would  be  a
breach  of  such  agreement,  shall  not  apply  to such land
without an amendment of such agreement.
    After the effective term of any annexation agreement  and
unless otherwise provided for within the annexation agreement
or  an  amendment to the annexation agreement, the provisions
of any ordinance relating to the zoning of the land  that  is
provided  for  within  the  agreement  or an amendment to the
agreement,  shall  remain  in  effect  unless   modified   in
accordance   with  law.   This  amendatory  Act  of  1995  is
declarative of existing law and shall apply to all annexation
agreements.
(Source: P.A.  89-432,  eff.  6-1-96;  89-537,  eff.  1-1-97;
revised 8-15-96.)

    Section  2-120.   The  Fire  Protection  District  Act is
amended by changing Section 4 as follows:

    (70 ILCS 705/4) (from Ch. 127 1/2, par. 24)
    Sec. 4.  Trustees; conflict of interest; violations.
    (a)  A board of trustees consisting of 3 members for  the
government  and control of the affairs and business of a fire
protection district incorporated  under  this  Act  shall  be
created in the following manner:
         (1)  If  the  district  lies  wholly within a single
    township  but  does  not  also  lie   wholly   within   a
    municipality,  the  board  of  trustees  of that township
    shall appoint  the  trustees  for  the  district  but  no
    township   official  who  is  eligible  to  vote  on  the
    appointment shall be eligible for such appointment.
         (2)  If the district is wholly  contained  within  a
    municipality,  the  governing  body  of  the municipality
    shall appoint the trustees for the district.
         (3)  If the district is wholly  contained  within  a
    single  county  but  does  not lie wholly within a single
    township or a single municipality, the trustees  for  the
    district  shall  be appointed by the presiding officer of
    the county board with  the  advice  and  consent  of  the
    county  board;  except that in counties with a population
    in excess of 3,000,000, 2 trustees for the district shall
    be appointed by the board of  trustees  of  the  township
    that  has  the greatest population within the district as
    determined by the last  preceding  federal  census.  That
    board  of  trustees  shall  also  appoint  the  remaining
    trustee  if  no  other township comprises at least 10% of
    the population  of  the  district.   If  only  one  other
    township  comprises at least 10% of the population of the
    district, then the board of  trustees  of  that  district
    shall  appoint the remaining trustee.  If 2 or more other
    townships each comprise at least 10% of the population of
    the district,  then  the  boards  of  trustees  of  those
    townships  shall  jointly  appoint the remaining trustee.
    No township official who  is  eligible  to  vote  on  the
    appointment shall be eligible for the appointment.
         (4)  If  the  district  is  located in more than one
    county, the  number of trustees who are  residents  of  a
    county  shall be in proportion, as nearly as practicable,
    to the number of residents of the district who reside  in
    that  county  in  relation to the total population of the
    district.
              (A)  In counties with a population of 3,000,000
         or more, the trustees shall be appointed as provided
         in paragraphs (1), (2), and (3) of subsection (a) of
         this Section.  For purposes of this item (A) and  in
         item (B), "district" means that portion of the total
         fire  protection district lying within a county with
         a population in excess of 3,000,000.
              (B)  In counties with a population of less than
         3,000,000, the trustees for the  district  shall  be
         appointed  by  the  presiding  officer of the county
         board with the advice  and  consent  of  the  county
         board.
    Upon  the  expiration  of the term of a trustee who is in
office on October 1, 1975, the successor shall be a  resident
of  whichever  county  is  entitled to such representation in
order to bring about the proportional representation required
herein, and he shall be appointed by the county board of that
county, or in the case of a home rule county  as  defined  by
Article VII, Section 6 of the Constitution of 1970, the chief
executive officer of that county, with the advice and consent
of the county board.
    Thereafter, each trustee shall be succeeded by a resident
of  the  same  county  who  shall  be  appointed  by the same
appointing  authority;  however,  the   provisions   of   the
preceding  paragraph  shall  apply  to the appointment of the
successor to each trustee who is in office at the time of the
publication of each decennial Federal census of population.
    Within 60 days after the adoption of this Act as provided
in Section 1, or within 60 days  after  the  adoption  of  an
ordinance  pursuant  to  subsection  (c) of Section 4.01, the
appropriate appointing authority shall appoint 3 trustees who
are electors in the district, not more than one of whom shall
be from any one city or village or  incorporated  town  in  a
district unless such city or village or incorporated town has
more  than 50% of the population in the district according to
last preceding Federal census.    Such  trustees  shall  hold
their  offices  thenceforward and for one, 2 and 3 years from
the first Monday of May  next  after  their  appointment  and
until  their  successors have been selected and qualified and
thereafter, unless  the  district  has  determined  to  elect
trustees  as  provided in Section 4a, on or before the second
Monday in April of each year the appointing  authority  shall
appoint   one  trustee  whose  term  shall  be  for  3  years
commencing on the first Monday in May  next  after  they  are
respectively  appointed.   The  length  of  term of the first
trustees shall be determined by lot at their first meeting.
    Each trustee shall, before entering on the duties of  his
office,  enter  into bond with security to be approved by the
appointing  authority  in  such  sum  as  the  authority  may
determine.
    A majority of the board of trustees  shall  constitute  a
quorum, but a smaller number may adjourn from day to day.  No
trustee  or  employee  of  such district shall be directly or
indirectly interested financially in  any  contract  work  or
business  or  the  sale of any article, the expense, price or
consideration of which is paid by the district;  nor  in  the
purchase  of  any real estate or other property, belonging to
the district, or which shall be sold for taxes or assessments
or by virtue of legal process at the suit  of  the  district.
Nothing   in   this  Section  prohibits  the  appointment  or
selection of any person or trustee  or  employee  whose  only
interest  in  the  district  is as an owner of real estate in
such fire protection  district  or  of  contributing  to  the
payment  of taxes levied by the district.  The trustees shall
have the power to provide and adopt a corporate seal for  the
district.
    (b)  However,   any   trustee   may   provide  materials,
merchandise, property, services or labor, if:
         A.  the   contract   is   with   a   person,   firm,
    partnership,  association,  corporation  or   cooperative
    association  in  which  such  interested trustee has less
    than a 7 1/2% share in the ownership; and
         B.  such interested trustee publicly  discloses  the
    nature  and  extent  of  his  interest prior to or during
    deliberations  concerning  the  proposed  award  of   the
    contract; and
         C.  such  interested trustee abstains from voting on
    the award of the contract, though he shall be  considered
    present for the purposes of establishing a quorum; and
         D.  such  contract is approved by a majority vote of
    those trustees presently holding office; and
         E.  the contract is awarded after sealed bids to the
    lowest responsible bidder if the amount of  the  contract
    exceeds  $1500,  but  the contract may be awarded without
    bidding if the amount is less than $1500; and
         F.  the award of the contract would  not  cause  the
    aggregate  amount of all such contracts so awarded to the
    same person, firm, association, partnership, corporation,
    or cooperative association in the  same  fiscal  year  to
    exceed $25,000.
    (c)  In  addition  to the above exemption, any trustee or
employee  may  provide  materials,   merchandise,   property,
services or labor if:
         A.  the  award  of  the  contract  is  approved by a
    majority vote of  the  board  of  trustees  of  the  fire
    protection  district  provided  that  any such interested
    member shall abstain from voting; and
         B.  the amount  of  the  contract  does  not  exceed
    $1000; and
         C.  the  award  of  the contract would not cause the
    aggregate amount of all such contracts so awarded to  the
    same person, firm, association, partnership, corporation,
    or  cooperative  association  in  the same fiscal year to
    exceed $2000; and
         D.  such interested member  publicly  discloses  the
    nature  and  extent  of  his  interest prior to or during
    deliberations  concerning  the  proposed  award  of   the
    contract; and
         E.  such  interested  member abstains from voting on
    the award of the contract, though he shall be  considered
    present for the purposes of establishing a quorum.
    (d)  A  contract  for  the  procurement of public utility
services by a district with a public utility company  is  not
barred by this Section by one or more members of the board of
trustees  being  an officer or employee of the public utility
company or holding an ownership interest if no  more  than  7
1/2%  in  the public utility company, or holding an ownership
interest of any size if the fire protection  district  has  a
population  of less than 7,500 and the public utility's rates
are approved by the Illinois Commerce Commission.  An elected
or appointed member of the board of trustees having  such  an
interest  shall  be  deemed not to have a prohibited interest
under this Section.
    (e)  Any officer or employee who violates this Section is
guilty of a Class 4 felony and in addition thereto any office
held by such person so  convicted  shall  become  vacant  and
shall be so declared as part of the judgment of the court.
    (f)  Nothing  contained  in  this  Section, including the
restrictions set forth in subsections (b), (c) and (d), shall
preclude a contract of deposit  of  monies,  loans  or  other
financial services by a fire protection district with a local
bank  or  local  savings  and loan association, regardless of
whether a member or members of the board of trustees  of  the
fire  protection  district  are  interested  in  such bank or
savings and loan association as an officer or employee or  as
a holder of less than 7 1/2% of the total ownership interest.
A  member  or  members  holding  such  an  interest in such a
contract shall not be  deemed  to  be  holding  a  prohibited
interest for purposes of this Act.  Such interested member or
members  of  the  board  of  trustees must publicly state the
nature and extent  of  their  interest  during  deliberations
concerning  the  proposed award of such a contract, but shall
not participate in any further deliberations  concerning  the
proposed  award.  Such interested member or members shall not
vote on  such  a  proposed  award.   Any  member  or  members
abstaining  from  participation  in  deliberations and voting
under this Section may be considered present for purposes  of
establishing a quorum. Award of such a contract shall require
approval  by  a  majority  vote  of  those  members presently
holding office. Consideration and award of any such  contract
in  which a member or members are interested may only be made
at a regularly scheduled  public  meeting  of  the  board  of
trustees of the fire protection district.
    (g)  Beginning  on  the effective date of this amendatory
Act of 1990 and ending 3 years after the  effective  date  of
this amendatory Act of 1990, in the case of a fire protection
district  board  of trustees in a county with a population of
more than 400,000 but less than  450,000,  according  to  the
1980  general census, created under subsection (a), paragraph
(3) of this Section a petition for the redress of a  trustee,
charging  the  trustee  with  palpable  omission  of  duty or
nonfeasance in office, signed by not  less  than  5%  of  the
electors  of  the  district  may be presented to the township
supervisor or the presiding officer of the county  board,  as
appropriate.  Upon  receipt  of  the  petition,  the township
supervisor or presiding  officer  of  the  county  board,  as
appropriate,  shall  preside  over a hearing on the matter of
the requested redress.  The hearing shall be  held  not  less
than  14 nor more than 30 days after receipt of the petition.
In the case of a fire protection district  trustee  appointed
by  the  presiding officer of the county board, the presiding
officer shall appoint at least 4 but not more than 8  members
of  the  county  board,  a majority of whom shall reside in a
county board district in which the fire  protection  district
is  wholly  or  partially  located,  to  serve as the hearing
panel.  In the case of a  fire  protection  district  trustee
appointed  by  the  board  of  town  trustees,  the  township
supervisor  and  2  other  town  trustees  appointed  by  the
supervisor  shall serve as the hearing panel.  Within 30 days
after the hearing, the panel  shall issue a statement of  its
findings  concerning  the  charges against the trustee, based
upon the evidence presented at the hearing, and may  make  to
the  fire  protection  district  any  recommendations  deemed
appropriate.
(Source:  P.A.  89-482,  eff.  1-1-97;  89-588,  eff. 1-1-97;
revised 8-14-96.)

    Section 2-125.  The Park  District  Code  is  amended  by
changing Section 10-7 as follows:

    (70 ILCS 1205/10-7) (from Ch. 105, par. 10-7)
    Sec. 10-7.  Sale, lease, or exchange of realty.
    (a)  Any park district owning and holding any real estate
is  authorized to sell or lease such property to another unit
of Illinois State or local government, or to lease  upon  the
terms and at the price that the board determines for a period
not  to  exceed  99  years  to any not for profit corporation
organized under the laws of this State, in  either  case  for
public use, and provided that the grantee or lessee covenants
to  hold  and  maintain  such  property  for  public  park or
recreational purposes or such  park  district  obtains  other
real property of substantially the same size or larger and of
substantially  the  same  or  greater  suitability  for  park
purposes without additional cost to such district.
    (b)  Any  park district owning or holding any real estate
is authorized to convey such property  to  a  nongovernmental
entity  in  exchange for other real property of substantially
equal or greater value as determined by 2 appraisals  of  the
property and of substantially the same or greater suitability
for park purposes without additional cost to such district.
    Prior  to such exchange with a nongovernmental entity the
park board shall hold a public meeting in order  to  consider
the  proposed  conveyance.   Notice  of such meeting shall be
published not less than  three  times  (the  first  and  last
publication being not less than 10 days apart) in a newspaper
of general circulation within the park district.  If there is
no  such  newspaper,  then such notice shall be posted in not
less than 3 public places in  said  park  district  and  such
notice  shall  not  become effective until 10 days after said
publication or posting.
    (c)  Notwithstanding any other  provision  of  this  Act,
this  subsection  (c)  shall apply only to any park districts
that  serve  district  which  serves   territory   within   a
municipality  having  of  more  than  40,000  inhabitants and
within a county having of more than 260,000  inhabitants  and
bordering  that  borders  the  Mississippi  River.   Any park
district owning or holding real estate is authorized to  sell
that  property  to  any  not-for-profit corporation organized
under the laws of this State  upon  the  condition  that  the
corporation uses the property for public park or recreational
programs  for  youth.  The park district shall have the right
of re-entry for  breach  of  condition  subsequent.   If  the
corporation  stops using the property for these purposes, the
property shall revert back to ownership of the park district.
Any temporary suspension of use caused by the construction of
improvements on the property for public park or  recreational
programs for youth is not a breach of condition subsequent.
    Prior  to  the  sale  of the property to a not-for-profit
corporation, the park board shall hold a  public  meeting  to
consider  the  proposed sale.  Notice of the meeting shall be
published  not  less  than  3  times  (the  first  and   last
publication being not less than 10 days apart) in a newspaper
of general circulation within the park district.  If there is
no  such  newspaper,  then  the notice shall be posted in not
less than 3 public places in the park district.   The  notice
shall  be  published  or  posted  at least 10 days before the
meeting.  A resolution to approve the sale of the property to
a not-for-profit corporation requires adoption by a  majority
of the park board.
    (d)  Real  estate,  not subject to such covenant or which
has not been  conveyed  and  replaced  as  provided  in  this
Section,  may  be conveyed in the manner provided by Sections
10-7a to 10-7d hereof, inclusive.
    (e)  In addition to any  other  power  provided  in  this
Section, any park district owning or holding real estate that
the  board  deems  is  not  required for park or recreational
purposes may lease such real  estate  to  any  individual  or
entity and may collect rents therefrom.  Such lease shall not
exceed 2 and one-half times the term of years provided for in
Section 8-15 governing installment purchase contracts.
(Source:  P.A.  89-458,  eff.  5-24-96;  89-509, eff. 7-5-96;
revised 8-23-96.)

    Section 2-130.  The Sanitary  District  Act  of  1917  is
amended by changing Section 4 as follows:

    (70 ILCS 2405/4) (from Ch. 42, par. 303)
    Sec.  4.   The  trustees  shall  constitute  a  board  of
trustees  for  the  district.  The  board  of trustees is the
corporate authority of  such  sanitary  district,  and  shall
exercise  all  the  powers  and  manage  and  control all the
affairs and property of the district. The board  of  trustees
immediately  after  their  appointment  and  at  their  first
meeting  in  May  of each year thereafter, shall elect one of
their  number  as  president,  one   of   their   number   as
vice-president,  and  from  or  outside of their membership a
clerk  and  an  assistant  clerk.  In  case  of  the   death,
resignation,  absence  from the State, or other disability of
the president, the  powers,  duties  and  emoluments  of  the
office    of   the   president   shall   devolve   upon   the
vice-president, until such disability is removed or  until  a
successor  to  the  president  is appointed and chosen in the
manner  provided  in  this  Act.  The  board  may  select   a
treasurer,  engineer  and  attorney  for  the district, and a
board of local improvements consisting of 5  members  in  any
sanitary  district  which includes one or more municipalities
with a population  of  over  90,000  but  less  than  500,000
according to the most recent Federal census and consisting of
3  members in any other district, all of whom may be trustees
or other citizens of the sanitary  district.  The  board  may
appoint such other officers and hire such employees to manage
and  control  the  operations  of  the  district  as it deems
necessary; provided, however, that the board shall not employ
an individual as a wastewater operator whose  Certificate  of
Technical  Competency  is  suspended  or  revoked under rules
adopted by the Pollution Control  Board  under  item  (4)  of
subsection  (a) of Section 13 of the Environmental Protection
Act.  The board may appoint a  chief  administrative  officer
for  a  term  not to exceed 4 years subject to removal by the
board for cause.  Appointment  of  the  chief  administrative
officer may be renewed as often as the board deems necessary.
All  other  persons  selected  by  the board shall hold their
respective offices during the pleasure of the board, and  all
persons  selected by the board shall give such bond as may be
required by the board. The board may prescribe the duties and
fix the compensation of all the officers and employees of the
sanitary  district.  However,  no  member  of  the  board  of
trustees shall receive more than $6,000 per year.
    The  board  of  trustees  has  full  power  to  pass  all
necessary ordinances, rules and regulations  for  the  proper
management  and  conduct of the business of the board and the
corporation, and for carrying into  effect  the  objects  for
which  the sanitary district was formed.  Such ordinances may
provide for a fine for each offense of not less than $100  or
more  than  $1,000.  Each day's continuance of such violation
shall be a separate offense.  Fines pursuant to this  Section
are  recoverable  by the sanitary district in a civil action.
The sanitary district is authorized to apply to  the  circuit
court  for injunctive relief or mandamus when, in the opinion
of the chief administrative officer, such relief is necessary
to protect the sewerage system of the sanitary district.
(Source: P.A. 89-143, eff.  7-14-95;  89-502,  eff.  6-28-96;
revised 8-19-96.)

    Section  2-135.   The  School Code is amended by changing
Sections 10-21.4a, 10-22.5a, 10-22.6, 10-22.20, 13A-8, 13A-9,
18-8, 24-2, and 34-2.3 and by setting  forth,  changing,  and
renumbering multiple versions of Section 10-22.3d as follows:

    (105 ILCS 5/10-21.4a) (from Ch. 122, par. 10-21.4a)
    Sec.   10-21.4a.    Principals   -   Duties.   To  employ
principals  who  hold  valid  supervisory  or  administrative
certificates who shall supervise the operation of  attendance
centers  as  the  board  shall  determine  necessary.  In  an
attendance  center  having  fewer  than  4  teachers,  a head
teacher who does not qualify as a principal may  be  assigned
in the place of a principal.
    The     principal     shall     assume     administrative
responsibilities  and  instructional  leadership,  under  the
supervision  of  the  superintendent,  and in accordance with
reasonable rules  and  regulations  of  the  board,  for  the
planning, operation and evaluation of the educational program
of  the  attendance  area  to  which  he  or she is assigned.
However, in  districts  under  a  Financial  Oversight  Panel
pursuant  to Section 1A-8 for violating a financial plan, the
duties and responsibilities of principals in relation to  the
financial  and  business  operations of the district shall be
approved by the Panel. In the  event  the  Board  refuses  or
fails  to  follow  a  directive or comply with an information
request of the Panel, the performance of those  duties  shall
be subject to the direction of the Panel.
    School   boards   shall   specify  in  their  formal  job
description  for  principals  that   his   or   her   primary
responsibility  is  in  the  improvement  of  instruction.  A
majority of the time spent by a principal shall be  spent  on
curriculum  and  staff  development  through  both formal and
informal   activities,   establishing    clear    lines    of
communication   regarding   school   goals,  accomplishments,
practices and policies with parents and teachers.
    Unless residency within a  school  district  is  made  an
express  condition  of  a  person's  employment  or continued
employment as a principal of that school district at the time
of the person's initial employment as  a  principal  of  that
district,  residency  within  that school district may not at
any time thereafter be made  a  condition  of  that  person's
employment  or  continued  employment  as  a principal of the
district, without regard  to  whether  the  person's  initial
employment  as  a  principal  of the district began before or
begins on or after the effective date of this amendatory  Act
of 1996 and without regard to whether that person's residency
within or outside of the district began or was changed before
or  begins or changes on or after that effective date.  In no
event shall residency within a school district be  considered
in  determining  the  compensation  of  a  principal  or  the
assignment or transfer of a principal to an attendance center
of the district.
    School  boards  shall  ensure  that  their principals are
evaluated on their instructional leadership ability and their
ability  to  maintain  a  positive  education  and   learning
climate.
    It  shall  also be the responsibility of the principal to
utilize resources of proper law enforcement agencies when the
safety and welfare of students and teachers are threatened by
illegal use of drugs and alcohol.
    The  principal  shall  submit  recommendations   to   the
superintendent   concerning   the   appointment,   retention,
promotion  and  assignment  of  all personnel assigned to the
attendance center.
    If a principal is absent due to extended illness or leave
of absence, an assistant principal may be assigned as  acting
principal for a period not to exceed 60 school days.
(Source:  P.A.  89-572,  eff.  7-30-96;  89-622, eff. 8-9-96;
revised 9-10-96.)

    (105 ILCS 5/10-22.3d)
    Sec. 10-22.3d.  Woman's health care  provider.  Insurance
protection  and  benefits  for  employees  are subject to the
provisions of Section 356r of the Illinois Insurance Code.
(Source: P.A. 89-514, eff. 7-17-96; revised 7-24-96.)

    (105 ILCS 5/10-22.3e)
    Sec.   10-22.3e.   10-22.3d.    Post-parturition    care.
Insurance protection and benefits for employees shall provide
the  post-parturition care benefits required to be covered by
a policy of accident and health insurance under Section  356s
356r of the Illinois Insurance Code.
(Source: P.A. 89-513, eff. 9-15-96; revised 7-24-96.)

    (105 ILCS 5/10-22.5a) (from Ch. 122, par. 10-22.5a)
    Sec.  10-22.5a.  Attendance  by foreign exchange students
and certain nonresident pupils.
    (a)  To  enter  into  written  agreements  with  cultural
exchange  organizations,  or   with   nationally   recognized
eleemosynary  institutions  that  promote  excellence  in the
arts, mathematics, or science.  The  written  agreements  may
provide  for  tuition  free  attendance at the local district
school by foreign exchange students, or by nonresident pupils
of eleemosynary institutions. The local board  of  education,
as  part  of  the  agreement,  may  require that the cultural
exchange program or  the  eleemosynary  institutions  provide
services  to  the  district  in  exchange  for  the waiver of
nonresident tuition.
    To enter into written  agreements  with  adjacent  school
districts to provide for tuition free attendance by a student
of  the  adjacent  district  when requested for the student's
health and safety by the student or parent and both districts
determine that the student's health or safety will be  served
by  such attendance. Districts shall not be required to enter
into such  agreements  nor  be  required  to  alter  existing
transportation   services  due  to  the  attendance  of  such
non-resident pupils.
    (b)  Nonresident pupils  and  foreign  exchange  students
attending   school   on  a  tuition  free  basis  under  such
agreements may be counted for the purposes of determining the
apportionment of State aid provided  under  Section  18-8  of
this Act. Provided that any cultural exchange organization or
eleemosynary  institutions     wishing  to  participate in an
agreement authorized under this Section must be  approved  in
writing  by  the State Board of Education. The State Board of
Education may establish reasonable  rules  to  determine  the
eligibility    of    cultural   exchange   organizations   or
eleemosynary   institutions   wishing   to   participate   in
agreements authorized under this Section. No organization  or
institution participating in agreements authorized under this
Section  may  exclude any individual for participation in its
program on account of the person's race, color, sex, religion
or nationality.
(Source: P.A.  89-480,  eff.  1-1-97;  89-622,  eff.  8-9-96;
revised 8-19-96.)

    (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,  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.
    (b)  To   suspend  or  by  regulation  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,  and  no  action
shall  lie against them for such suspension. The board may by
regulation 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 such pupil along with a full statement
of  the  reasons  for  such  suspension and a notice of their
right to a review, a copy of which  shall  be  given  to  the
school  board.  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.
    (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.
    (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  basis.    A student who is determined to have
brought a weapon to school, any school-sponsored activity  or
event,  or  any  activity  or  event which bears a reasonable
relationship to school shall be expelled for a period of  not
less  than  one year, except that the expulsion period may be
modified by the board on a case by case basis.  For  purposes
of  this  Section,  the  term "weapon" means possession, use,
control or transfer of any object which may be used to  cause
bodily harm, including but not limited to a weapon as defined
by  Section  921  of Title 18, United States Code, firearm as
defined in Section 1.1 of the Firearm  Owners  Identification
Act, use of weapon as defined in Section 24-1 of the Criminal
Code,   knives,   guns,  firearms,  rifles,  shotguns,  brass
knuckles, billy clubs, or "look-alikes" thereof.  Such  items
as baseball bats, pipes, bottles, locks, sticks, pencils, and
pens  may  be  considered  weapons if used or attempted to be
used to cause bodily harm.  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.    The
provisions  of  this  subsection  (d)  apply  in  all  school
districts,  including special charter districts and districts
organized under Article 34.
    (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.  The provisions of
this subsection (e) apply in all school districts,  including
special  charter  districts  and  districts  organized  under
Article 34.
(Source:  P.A.  89-371,  eff.  1-1-96;  89-507,  eff. 7-1-97;
89-610, eff. 8-6-96; revised 9-9-96.)

    (105 ILCS 5/10-22.20) (from Ch. 122, par. 10-22.20)
    Sec.  10-22.20.  Classes  for  adults  and  youths  whose
schooling  has  been  interrupted;   Conditions   for   State
reimbursement; Use of child care facilities.
    (a)  To establish special classes for the instruction (1)
of  persons  of age 21 years or over, and (2) of persons less
than age 21 and not otherwise in attendance in public school,
for the purpose of providing adults  in  the  community,  and
youths  whose  schooling  has  been  interrupted,  with  such
additional  basic  education,  vocational skill training, and
other instruction as  may  be  necessary  to  increase  their
qualifications  for employment or other means of self-support
and their ability to meet their responsibilities as  citizens
including  courses  of  instruction  regularly  accepted  for
graduation   from   elementary   or   high  schools  and  for
Americanization and General  Educational  Development  Review
classes.
    The  board  shall  pay  the  necessary  expenses  of such
classes out of school funds of the district, including  costs
of  student  transportation  and such facilities or provision
for child-care as may be necessary in  the  judgment  of  the
board  to  permit  maximum  utilization  of  the  courses  by
students  with  children,  and  other  special  needs  of the
students directly related to such instruction.  The  expenses
thus  incurred  shall  be  subject to State reimbursement, as
provided in this Section.   The  board  may  make  a  tuition
charge  for persons taking instruction who are not subject to
State reimbursement, such tuition charge not  to  exceed  the
per capita cost of such classes.
    The  cost  of  such instruction, including the additional
expenses  herein  authorized,  incurred  for  recipients   of
financial  aid  under  the  Illinois  Public Aid Code, or for
persons  for  whom  education  and  training  aid  has   been
authorized  under  Section 9-8 of that Code, shall be assumed
in its entirety from funds appropriated by the State  to  the
State Board of Education.
    (b)  The  State  Board  of  Education  and  the  Illinois
Community   College   Board  shall  annually  enter  into  an
interagency  agreement  to  implement  this   Section.    The
interagency  agreement  shall establish the standards for the
courses of instruction reimbursed under  this  Section.   The
State  Board  of Education shall supervise the administration
of  the  programs.   The  State  Board  of  Education   shall
determine   the   cost  of  instruction  in  accordance  with
standards jointly established by the State Board of Education
and the Illinois Community College Board as set forth in  the
interagency  agreement,  including  therein  other incidental
costs as herein authorized, which shall serve as the basis of
State reimbursement in  accordance  with  the  provisions  of
this   Section.   In   the   approval  of  programs  and  the
determination of the cost of instruction, the State Board  of
Education  shall  provide  for  the  maximum  utilization  of
federal  funds  for  such programs. The interagency agreement
shall also include:
         (1)  the development of an index of need for program
    planning and for area funding allocations as  defined  by
    the State Board of Education;
         (2)  the    method    for   calculating   hours   of
    instruction, as defined by the State Board of  Education,
    claimable  for reimbursement and a method to phase in the
    calculation and for adjusting the calculations  in  cases
    where  the  services  of a program are interrupted due to
    circumstances beyond the control of the program provider;
         (3)  a  plan  for  the  reallocation  of  funds   to
    increase  the  amount  allocated  for  grants  based upon
    program performance as set forth in subsection (d) below;
    and
         (4)  the development of  standards  for  determining
    grants  based upon performance as set forth in subsection
    (d) below and a plan for the phased-in implementation  of
    those standards.
    For   instruction   provided   by  school  districts  and
community  college  districts  beginning  July  1,  1996  and
thereafter, reimbursement provided  by  the  State  Board  of
Education  for  classes  authorized  by this Section shall be
provided pursuant to the terms of the  interagency  agreement
from  funds  appropriated  for the reimbursement criteria set
forth in subsection (c) below.
    (c)  Upon  the  annual  approval   of   the   interagency
agreement,   reimbursement   shall   be  first  provided  for
transportation, child care services, and other special  needs
of the students directly related to instruction and then from
the  funds  remaining  an  amount equal to the product of the
total credit hours or units of instruction  approved  by  the
State Board of Education, multiplied by the following:
         (1)  For   adult   basic   education,   the  maximum
    reimbursement per credit hour or per unit of  instruction
    shall  be  equal  to  the  general  state  aid  per pupil
    foundation level established in subsections 5(a)  through
    5(d) of Section 18-8, divided by 60;
         (2)  The  maximum  reimbursement  per credit hour or
    per unit of instruction in subparagraph (1)  above  shall
    be  weighted  for students enrolled in classes defined as
    vocational skills and approved  by  the  State  Board  of
    Education by 1.25;
         (3)  The  maximum  reimbursement  per credit hour or
    per unit of instruction in subparagraph (1)  above  shall
    be  multiplied  by  .90  for students enrolled in classes
    defined  as  adult  secondary  education   programs   and
    approved by the State Board of Education;
         (4)  For  community  college  districts  the maximum
    reimbursement per credit hour in subparagraphs (1),  (2),
    and  (3)  above  shall  be  reduced  by  the  Adult Basic
    Education/Adult Secondary Education/English As  A  Second
    Language  credit  hour  grant  rate prescribed in Section
    2-16.02 of the Public Community College Act, as pro-rated
    to the appropriation level; and
         (5)  Programs receiving funds under the formula that
    was in effect during the  1994-1995  program  year  which
    continue  to  be approved and which generate at least 80%
    of the hours claimable in 1994-95,  or  in  the  case  of
    programs  not  approved  in  1994-95  at least 80% of the
    hours  claimable  in  1995-96,  shall  have  funding  for
    subsequent years based upon 100% of the  1995-96  formula
    funding  level  for  1996-97,  90% of the 1995-96 formula
    funding level for 1997-98, 80%  of  the  1995-96  formula
    funding level for 1998-99, and 70% of the 1995-96 formula
    funding  level  for  1999-2000.  For any approved program
    which generates less than 80% of the claimable  hours  in
    its  base  year,  the  level  of funding pursuant to this
    paragraph shall be reduced proportionately.  Funding  for
    program  years  after  1999-2000 shall be pursuant to the
    interagency agreement.
    (d)  Upon  the  annual  approval   of   the   interagency
agreement,  the State Board of Education shall provide grants
to eligible programs for supplemental activities  to  improve
or  expand  services under the Adult Education Act.  Eligible
programs shall be determined based upon performance  outcomes
of  students  in the programs as set forth in the interagency
agreement.
    (e)  Reimbursement under this Section  shall  not  exceed
the actual costs of the approved program.
    If   the  amount  appropriated  to  the  State  Board  of
Education for reimbursement under this Section is  less  than
the  amount  required under this Act, the apportionment shall
be proportionately reduced.
    School districts  and  community  college  districts  may
assess  students  up  to  $3.00  per credit hour, for classes
other than Adult Basic Education level programs, if needed to
meet program costs.
    (f)  An education plan  shall  be  established  for  each
adult  or  youth whose schooling has been interrupted and who
is participating in the instructional programs provided under
this Section.
    Each school board and community  college  shall  keep  an
accurate and detailed account of the students assigned to and
receiving  instruction  under this Section who are subject to
State reimbursement and  shall  submit  reports  of  services
provided  commencing with fiscal year 1997 as required in the
interagency agreement.
    For classes authorized under this Section, a credit  hour
or  unit  of  instruction  is  equal  to  15  hours of direct
instruction for students enrolled in approved adult education
programs at midterm  and  making  satisfactory  progress,  in
accordance  with  standards  jointly established by the State
Board of Education and the Illinois Community  College  Board
as set forth in the interagency agreement.
    (g)  Upon  proof  submitted to the Illinois Department of
Human Services of the payment of all claims  submitted  under
this  Section,  that Department shall apply for federal funds
made available therefor and any  federal  funds  so  received
shall  be  paid  into  the  General Revenue Fund in the State
Treasury.
    School districts or community colleges providing  classes
under  this  Section  shall  submit applications to the State
Board of Education for preapproval  in  accordance  with  the
standards jointly established by the State Board of Education
and  the Illinois Community College Board as set forth in the
interagency agreement.  Payments shall be made by  the  State
Board  of  Education  based  upon approved programs.  Interim
expenditure reports may be required by  the  State  Board  of
Education  as  set forth in the interagency agreement.  Final
claims for the school year shall be submitted to the regional
superintendents  for  transmittal  to  the  State  Board   of
Education  as  set forth in the interagency agreement.  Final
adjusted payments shall be made by September 30.
    If a school district or community college district  fails
to  provide,  or  is providing unsatisfactory or insufficient
classes under this Section, the State Board of Education  may
enter  into  agreements with public or private educational or
other  agencies  other  than  the  public  schools  for   the
establishment of such classes.
    (h)  If  a  school district or community college district
establishes  child-care  facilities  for  the   children   of
participants  in  classes  established under this Section, it
may extend the use of these facilities to students  who  have
obtained  employment  and  to  other persons in the community
whose children require care and supervision while the  parent
or  other  person  in  charge  of the children is employed or
otherwise absent from the home during all or part of the day.
It may make the facilities available before and after as well
as during regular school hours to school  age  and  preschool
age  children who may benefit thereby, including children who
require care and supervision  pending  the  return  of  their
parent   or  other  person  in  charge  of  their  care  from
employment or other activity requiring absence from the home.
    The State Board of Education shall pay to the  board  the
cost  of  care  in  the  facilities  for  any  child who is a
recipient of financial aid  under  The  Illinois  Public  Aid
Code.
    The  board  may  charge  for care of children for whom it
cannot make claim under the provisions of this Section.   The
charge  shall  not  exceed per capita cost, and to the extent
feasible, shall  be  fixed  at  a  level  which  will  permit
utilization  by  employed  parents of low or moderate income.
It may also permit any  other  State  or  local  governmental
agency  or  private  agency  providing  care  for children to
purchase care.
    After  July  1,  1970  when  the  provisions  of  Section
10-20.20 become operative in  the  district,  children  in  a
child-care  facility shall be transferred to the kindergarten
established under that Section for such portion of the day as
may be required for the kindergarten program,  and  only  the
prorated  costs  of  care and training provided in the Center
for the remaining period shall be  charged  to  the  Illinois
Department  of  Human  Services  or other persons or agencies
paying for such care.
    (i)  The provisions of this Section shall also  apply  to
school districts having a population exceeding 500,000.
(Source: P.A.  89-507,  eff.  7-1-97;  89-524,  eff. 7-19-96;
revised 8-15-96.)

    (105 ILCS 5/13A-8)
    Sec. 13A-8.  Funding.
    (a)  The  State  of  Illinois  shall  provide   new   and
additional funding for the alternative school programs within
each educational service region and within the Chicago public
school  system  by  line item appropriation made to the State
Board of  Education  for  that  purpose.   This  money,  when
appropriated,    shall    be   provided   to   the   regional
superintendent and to the Chicago  Board  of  Education,  who
shall   establish  a  budget,  including  salaries,  for  all
alternative schools in that region.
    (b)  The school district in which the program is  located
and  from  which  a  student  is administratively transferred
shall, as a result of an administrative  transfer,  have  its
average daily attendance funding with respect to that student
transferred to the alternative school program.
(Source:  P.A.  89-383,  eff.  8-18-95;  89-629, eff. 8-9-96;
89-636, eff. 8-9-96; revised 9-12-96.)

    (105 ILCS 5/13A-9)
    Sec. 13A-9.  Transportation.  Subject to the requirements
of Article 29 and except as otherwise agreed by the  parents,
school  and  regional superintendent, the school from which a
student is administratively transferred shall provide for  or
any   transportation   that  the  transfer  necessitates,  if
transportation is required pursuant  to  Section  29-3.   The
regional  superintendent  shall coordinate all transportation
arrangements  with  transferring  school  districts.      The
regional  superintendent  may  also  arrange  for cooperation
between school districts  in  the  regional  superintendent's
educational service region regarding the transportation needs
of  transferred students in order to reduce the costs of that
transportation and to provide  greater  convenience  for  the
students involved.
(Source:  P.A.  89-383,  eff.  8-18-95;  89-629, eff. 8-9-96;
89-636, eff. 8-9-96.)

    (105 ILCS 5/18-8) (from Ch. 122, par. 18-8)
    Sec.  18-8.  Basis  for   apportionment   to   districts,
laboratory schools and alternative schools.
    A.  The amounts to be apportioned shall be determined for
each  educational  service  region  by  school  districts, as
follows:
    1.  General Provisions.
    (a)  In the computation of the amounts to be apportioned,
the average daily  attendance  of  all  pupils  in  grades  9
through  12  shall  be multiplied by 1.25.  The average daily
attendance  of  all  pupils  in  grades  7  and  8  shall  be
multiplied by 1.05.
    (b)  The  actual  number  of  pupils  in  average   daily
attendance shall be computed in a one-teacher school district
by  dividing  the total aggregate days of pupil attendance by
the actual number of days school is in session but  not  more
than  30  such  pupils  shall  be accredited for such type of
district; and in districts of  2  or  more  teachers,  or  in
districts  where  records  of  attendance are kept by session
teachers, by taking the sum of the respective averages of the
units composing the group.
    (c)  Pupils in average daily attendance shall be computed
upon the average of the best 3 months of pupils attendance of
the current school year except  as  district  claims  may  be
later  amended  as  provided  hereinafter  in  this  Section.
However,   for   any   school   district  maintaining  grades
kindergarten through 12, the "average daily attendance" shall
be computed on the average of the best  3  months  of  pupils
attendance of the current year in grades kindergarten through
8,  added  together  with the average of the best 3 months of
pupils attendance of the current year in grades 9 through 12,
except as district claims may be later amended as provided in

this Section.  Days of attendance shall be  kept  by  regular
calendar  months,  except  any  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.
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.
    (d)  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.
    (e)  Days of attendance may be less than 5 clock hours on
the opening and closing of the  school  term,  and  upon  the
first  day  of pupil attendance, if preceded by a day or days
utilized as an institute or teachers' workshop.
    (f)  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.
    (g)  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 of which  a  maximum  of  4
days   of   such  5  days  may  be  used  for  parent-teacher
conferences,  provided  a  district  conducts  an  in-service
training program for teachers which has been approved by  the
State  Superintendent  of  Education;  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 of attendance; and (2) when days in
addition to those provided in item (1)  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.
    (h)  A session of not less than one clock  hour  teaching
of  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.
    (i)  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.
    (j)  For children with disabilities who are below the age
of 6 years and who cannot attend  two  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.
    (k)  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  1  day.   However,
kindergartens  may  count  2  1/2 days of attendance in any 5
consecutive school  days.   Where  a  pupil  attends  such  a
kindergarten  for  2  half  days  on any one school day, such
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.
    (l)  Days  of  attendance  by  tuition  pupils  shall  be
accredited  only  to  the districts that pay the tuition to a
recognized school.
    (m)  The greater  of  the  immediately  preceding  year's
weighted  average  daily  attendance  or  the  average of the
weighted  average  daily  attendance   of   the   immediately
preceding year and the previous 2 years shall be used.
    For any school year beginning July 1, 1986 or thereafter,
if  the  weighted  average  daily attendance in either grades
kindergarten through 8 or grades 9 through 12 of  a  district
as  computed  for  the  first  calendar  month of the current
school year exceeds by more than 5%, but  not  less  than  25
pupils,  the district's weighted average daily attendance for
the first calendar month of the  immediately  preceding  year
in,  respectively,  grades kindergarten through 8 or grades 9
through 12, a supplementary payment  shall  be  made  to  the
district  equal  to  the  difference in the amount of aid the
district would be paid under this Section using the  weighted
average  daily attendance in the district as computed for the
first calendar month of  the  current  school  year  and  the
amount  of  aid the district would be paid using the weighted
average daily  attendance  in  the  district  for  the  first
calendar  month  of  the  immediately  preceding  year.  Such
supplementary State aid payment shall be paid to the district
as provided  in  Section  18-8.4  and  shall  be  treated  as
separate  from  all  other  payments  made  pursuant  to this
Section 18-8.
    (n)  The number  of  low  income  eligible  pupils  in  a
district  shall result in an increase in the weighted average
daily attendance calculated as follows:  The  number  of  low
income pupils shall increase the weighted ADA by .53 for each
student  adjusted  by  dividing  the  percent  of  low income
eligible pupils in the district by the ratio of eligible  low
income  pupils  in  the  State to the best 3 months' weighted
average daily attendance in the State.  In no  case  may  the
adjustment under this paragraph result in a greater weighting
than  .625  for each eligible low income student.  The number
of low income eligible pupils in  a  district  shall  be  the
low-income  eligible  count  from the most recently available
federal census and  the  weighted  average  daily  attendance
shall  be  calculated in accordance with the other provisions
of this paragraph.
    (o)  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.
    (p)  School district claims filed under this Section  are
subject  to  Sections 18-9, 18-10 and 18-12, except as herein
otherwise provided.
    (q)  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 the applicable tax rate used in
extending taxes for the funds of the district as of September
30 of the previous year.  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  with 2,000,000 or more inhabitants an amount equal to
the total amount by which the  homestead  exemptions  allowed
under Sections 15-170 and 15-175 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  as homestead exemptions under those Sections if the
maximum reduction under Section 15-170 of  the  Property  Tax
Code  was  $2,000  and  the  maximum  reduction under Section
15-175 of the Property Tax Code was $3,500.  The county clerk
of any  county  with  2,000,000  or  more  inhabitants  shall
annually  calculate  and  certify  to the Department for each
school district all homestead exemption amounts  required  by
this amendatory Act of 1992.  In a new district which has not
had  any  tax  rates yet determined for extension of taxes, a
leveled uniform rate shall be computed from the latest amount
of the fund taxes extended on the several areas  within  such
new district.
    (r)  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.
    2.  New  or  recomputed  claim.  The  general  State  aid
entitlement for a newly created school district or a district
which has annexed an entire school district shall be computed
using  attendance,  compensatory  pupil   counts,   equalized
assessed  valuation,  and tax rate data which would have been
used had the district been in existence for 3 years.  General
State  aid  entitlements  shall  not  be recomputed except as
permitted herein.
    3.  Impaction.   Impaction  payments  shall  be  made  as
provided for in Section 18-4.2.
    4.  Summer school.  Summer school payments shall be  made
as provided in Section 18-4.3.
    5.  Computation  of  State aid.  The State grant shall be
determined as follows:
    (a)  The State shall guarantee the amount of money that a
district's operating tax rate as limited in other Sections of
this Act would produce if every district  maintaining  grades
kindergarten  through  12 had an equalized assessed valuation
equal to $74,791  per  weighted  ADA  pupil;  every  district
maintaining  grades  kindergarten  through 8 had an equalized
assessed valuation of $108,644 per weighted  ADA  pupil;  and
every  district  maintaining  grades  9  through  12  had  an
equalized  assessed  valuation  of  $187,657 per weighted ADA
pupil.  The  State  Board  of  Education  shall  adjust   the
equalized   assessed   valuation   amounts   stated  in  this
paragraph, if necessary, to conform  to  the  amount  of  the
appropriation approved for any fiscal year.
    (b)  The  operating  tax rate to be used shall consist of
all district taxes extended for all purposes except community
college educational purposes for the payment of tuition under
Section 6-1 of the Public Community  College  Act,  Bond  and
Interest,   Summer  School,  Rent,  Capital  Improvement  and
Vocational Education Building.  Any  district  may  elect  to
exclude  Transportation from the calculation of its operating
tax rate.  Districts  may  include  taxes  extended  for  the
payment  of  principal and interest on bonds issued under the
provisions of Sections 17-2.11a and 20-2 at a  rate  of  .05%
per  year  for  each  purpose  or  the  actual rate extended,
whichever is less.
    (c)  For calculation of aid under  this  Act  a  district
shall  use the combined authorized tax rates of all funds not
exempt in (b) above, not to exceed 2.76% of the value of  all
its   taxable  property  as  equalized  or  assessed  by  the
Department  of  Revenue  for  districts  maintaining   grades
kindergarten  through  12;  1.90%  of  the  value  of all its
taxable property as equalized or assessed by  the  Department
of  Revenue  for  districts  maintaining  grades kindergarten
through 8 only;  1.10%  of  the  value  of  all  its  taxable
property  as  equalized  or  assessed  by  the  Department of
Revenue for districts maintaining grades 9 through  12  only.
A  district may, however, as provided in Article 17, increase
its operating tax rate above the  maximum  rate  provided  in
this  subsection without affecting the amount of State aid to
which it is entitled under this Act.
    (d) (1)  For districts  maintaining  grades  kindergarten
through  12  with  an  operating  tax  rate  as  described in
subsections 5(b) and (c) of less than  2.18%,  and  districts
maintaining  grades  kindergarten through 8 with an operating
tax rate of less than 1.28%, State aid shall be  computed  by
multiplying  the  difference between the guaranteed equalized
assessed valuation per weighted ADA pupil in subsection  5(a)
and  the  equalized assessed valuation per weighted ADA pupil
in the district by the operating tax rate, multiplied by  the
weighted  average daily attendance of the district; provided,
however, that for the 1989-1990 school year  only,  a  school
district  maintaining  grades  kindergarten  through  8 whose
operating tax rate with reference to which its general  State
aid  for the 1989-1990 school year is determined is less than
1.28% and more than 1.090%, and which had  an  operating  tax
rate  of  1.28% or more for the previous year, shall have its
general State aid computed according  to  the  provisions  of
subsection 5(d)(2).
    (2)  For   districts   maintaining   grades  kindergarten
through 12  with  an  operating  tax  rate  as  described  in
subsection  5(b)  and  (c)  of 2.18% and above, the State aid
shall be computed as provided in subsection (d)  (1)  but  as
though  the  district  had an operating tax rate of 2.76%; in
K-8 districts with an operating tax rate of 1.28% and  above,
the State aid shall be computed as provided in subsection (d)
(1)  but  as though the district had an operating tax rate of
1.90%; and in 9-12 districts, the State aid shall be computed
by  multiplying  the  difference   between   the   guaranteed
equalized  assessed  valuation  per  weighted  average  daily
attendance   pupil  in  subsection  5(a)  and  the  equalized
assessed valuation  per  weighted  average  daily  attendance
pupil  in  the  district  by  the  operating tax rate, not to
exceed  1.10%,  multiplied  by  the  weighted  average  daily
attendance of the district.  State  aid  computed  under  the
provisions  of  this  subsection  (d) (2) shall be treated as
separate from  all  other  payments  made  pursuant  to  this
Section.   The  State  Comptroller  and State Treasurer shall
transfer from the General Revenue Fund to the  Common  School
Fund  the amounts necessary to permit these claims to be paid
in equal installments along with  other  State  aid  payments
remaining to be made for the 1983-1984 school year under this
Section.
    (3)  For   any   school  district  whose  1995  equalized
assessed  valuation  is  at  least  6%  less  than  its  1994
equalized assessed valuation as the result of a reduction  in
the  equalized  assessed  valuation  of  the taxable property
within such  district  of  any  one  taxpayer  whose  taxable
property  within  the  district has a 1994 equalized assessed
valuation constituting at least 20%  of  the  1994  equalized
assessed   valuation  of  all  taxable  property  within  the
district, the 1996-97 State aid of  such  district  shall  be
computed using its 1995 equalized assessed valuation.
    (4)  For   any   school  district  whose  1988  equalized
assessed valuation is 55%  or  less  of  its  1981  equalized
assessed  valuation,  the  1990-91 State aid of such district
shall be computed by multiplying the 1988 equalized  assessed
valuation  by a factor of .8.  Any such school district which
is reorganized effective for the 1991-92  school  year  shall
use the formula provided in this subparagraph for purposes of
the  calculation  made  pursuant  to  subsection  (m) of this
Section.
    (e)  The amount of State aid shall be computed under  the
provisions  of  subsections  5(a)  through  5(d) provided the
equalized assessed valuation per weighted ADA pupil  is  less
than  .87 of the amounts in subsection 5(a). If the equalized
assessed valuation per weighted ADA  pupil  is  equal  to  or
greater than .87 of the amounts in subsection 5(a), the State
aid  shall  be  computed  under  the provisions of subsection
5(f).
    (f)  If the equalized assessed valuation per weighted ADA
pupil is equal to or greater  than  .87  of  the  amounts  in
subsection  5(a),  the State aid per weighted ADA pupil shall
be computed by multiplying  the  product  of  .13  times  the
maximum  per  pupil  amount  computed under the provisions of
subsections 5(a) through 5(d)  by  an  amount  equal  to  the
quotient  of  .87  times the equalized assessed valuation per
weighted ADA pupil  in  subsection  5(a)  for  that  type  of
district  divided  by  the  district  equalized valuation per
weighted ADA pupil except  in  no  case  shall  the  district
receive  State  aid  per  weighted ADA pupil of less than .07
times  the  maximum  per  pupil  amount  computed  under  the
provisions of subsections 5(a) through 5(d).
    (g)  In addition  to  the  above  grants,  summer  school
grants  shall  be made based upon the calculation as provided
in subsection 4 of this Section.
    (h)  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.
    (i) (1) (a)  In  school  districts  with an average daily
attendance of 50,000 or more, the amount  which  is  provided
under subsection 1(n) of this Section by the application of a
base  Chapter 1 weighting factor of .375 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.   The  amount  of State aid provided
under subsection 1(n) of this Section by the  application  of
the  Chapter  1  weighting  factor in excess of .375 shall be
distributed to the attendance centers within the district  in
proportion to the total enrollment at each attendance center.
Beginning  with  school  year  1989-90,  and each school year
thereafter, all funds provided under subsection 1 (n) of this
Section by the application of the Chapter 1 weighting  factor
which  are  in  excess of the level of non-targeted Chapter 1
funds  in  school  year  1988-89  shall  be  distributed   to
attendance  centers,  and  only to 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 and under the National School Lunch Act  during
the  immediately  preceding school year.  Beginning in school
year 1989-90, 25% of the previously  non-targeted  Chapter  1
funds  as  established  for school year 1988-89 shall also be
distributed to the attendance centers, and only to attendance
centers, in 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  and under the National School
Lunch Act during the immediately preceding  school  year;  in
school  year  1990-91,  50%  of  the  previously non-targeted
Chapter 1 funds as established for school year 1988-89  shall
be  distributed to attendance centers, and only to attendance
centers, in the district  in  proportion  to  the  number  of
pupils enrolled at each attendance center who are eligible to
receive  such  free  or  reduced  price lunches or breakfasts
during the immediately preceding school year; in school  year
1991-92,  75%  of the previously non-targeted Chapter 1 funds
as established for school year 1988-89 shall  be  distributed
to attendance centers, and only to attendance centers, in the
district  in  proportion  to the number of pupils enrolled at
each attendance center who are eligible to receive such  free
or reduced price lunches or breakfasts during the immediately
preceding school year; in school year 1992-93 and thereafter,
all  funds provided under subsection 1 (n) of this Section by
the application of the Chapter 1 weighting  factor  shall  be
distributed  to  attendance  centers,  and only to attendance
centers, in 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  and under the National School
Lunch Act  during  the  immediately  preceding  school  year;
provided,  however,  that  the distribution formula in effect
beginning with school year 1989-90 shall not be applicable to
such portion of State aid provided under subsection 1 (n)  of
this  Section  by  the application of the Chapter 1 weighting
formula as is  set  aside  and  appropriated  by  the  school
district  for the purpose of providing desegregation programs
and related transportation to students (which  portion  shall
not  exceed  5%  of  the  total  amount of State aid which is
provided  under  subsection  1  (n)  of   this   Section   by
application  of  the  Chapter  1  weighting formula), and the
relevant  percentages  shall  be  applied  to  the  remaining
portion  of  such  State  aid.   The  distribution  of  these
portions  of  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.   (b)  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.  The Board of Education shall apply
savings from  reduced  administrative  costs  required  under
Section  34-43.1  and growth in non-Chapter 1 State and local
funds to assure that all attendance centers  receive  funding
to replace losses due to redistribution of Chapter 1 funding.
The distribution formula and funding to replace losses due to
the  distribution formula shall occur, in full, using any and
all sources available, including, if necessary, revenue  from
administrative  reductions  beyond  those required in Section
34-43.1, in order to provide the necessary funds.   (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 State  aid  provided  by  application  of  the
Chapter  1  weighting  factor  and required to be distributed
among attendance centers according  to  the  requirements  of
this   paragraph   supplements   rather  than  supplants  the
noncategorical funds and other categorical funds provided  by
the    school    district    to   the   attendance   centers.
Notwithstanding the foregoing provisions of  this  subsection
5(i)(1)  or any other law to the contrary, beginning with the
1995-1996 school year and for each  school  year  thereafter,
the  board  of  a  school district to which the provisions of
this subsection  apply  shall  be  required  to  allocate  or
provide  to  attendance  centers  of the district in any such
school year, from the State aid  provided  for  the  district
under  this Section by application of the Chapter 1 weighting
factor, an aggregate amount of not less than $261,000,000  of
State  Chapter  1  funds.  Any  State Chapter 1 funds that by
reason of the provisions of this paragraph 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.    Chapter  1  funds  received by an
attendance  center  (except  those  funds   set   aside   for
desegregation   programs   and   related   transportation  to
students) shall be used on the schedule cited in this Section
at 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.  Chapter 1 funds shall not
be expended for any political or lobbying purposes as defined
by board rule. (d) Each district subject to the provisions of
this paragraph 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 said 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 subparagraph, 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  Chapter  1  expenditures,  each
district subject to the provisions of this  subsection  shall
submit  as  a  separate document by December 1 of each year a
report of Chapter 1 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
5(i)(1).  No funds shall be released under subsection 1(n) of
this Section or under this subsection 5(i)(1) to any district
which has not submitted a plan which has been approved by the
State Board of Education.
    (2)  School districts with an average daily attendance of
more than 1,000 and less than 50,000 and having a low  income
pupil  weighting  factor in excess of .53 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 the application
of subsection 1(n) of this Section  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.
    (j)  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  in
computing the equalized assessed valuation per  weighted  ADA
pupil  in  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 computing the equalized assessed valuation
per weighted ADA pupil in  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.
    (k)  For  a school district operating under the financial
supervision of an Authority created under  Article  34A,  the
State  aid  otherwise  payable  to  that  district under this
Section, other than  State  aid  attributable  to  Chapter  1
students,  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  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.
    (l)  For purposes of calculating  State  aid  under  this
Section,  the  equalized  assessed  valuation  for  a  school
district  used  to  compute  State aid shall be determined by
adding to the real property equalized assessed valuation  for
the  district  an  amount  computed by dividing the amount of
money received by the district under the  provisions  of  "An
Act  in  relation  to  the  abolition  of ad valorem personal
property tax and the replacement of revenues  lost  thereby",
certified  August  14,  1979,  by  the total tax rate for the
district. For purposes of  this  subsection  1976  tax  rates
shall  be used for school districts in the county of Cook and
1977 tax rates shall be used  for  school  districts  in  all
other counties.
    (m) (1)  For  a  new  school district formed by combining
property  included  totally  within  2  or  more   previously
existing school districts, for its first year of existence or
if  the  new  district  was formed after October 31, 1982 and
prior  to  September  23,  1985,  for  the  year  immediately
following September 23, 1985, the State aid calculated  under
this  Section  shall be computed for the new district and for
the previously  existing  districts  for  which  property  is
totally included within the new district.  If the computation
on the basis of the previously existing districts is greater,
a supplementary payment equal to the difference shall be made
for  the first 3 years of existence of the new district or if
the new district was formed after October 31, 1982 and  prior
to  September 23, 1985, for the 3 years immediately following
September 23, 1985.
    (2)  For a school  district  which  annexes  all  of  the
territory  of  one or more entire other school districts, for
the  first  year  during  which  the  change  of   boundaries
attributable  to  such  annexation  becomes effective for all
purposes as determined under Section 7-9 or 7A-8,  the  State
aid  calculated  under this Section shall be computed for the
annexing district as constituted after the annexation and for
the annexing and each annexed district as  constituted  prior
to the annexation; and if the computation on the basis of the
annexing  and  annexed  districts as constituted prior to the
annexation is greater, a supplementary payment equal  to  the
difference  shall  be made for the first 3 years of existence
of the annexing school  district  as  constituted  upon  such
annexation.
    (3)  For  2  or  more school districts which annex all of
the territory of one or more entire other  school  districts,
and  for 2 or more community unit districts which result upon
the division (pursuant to petition under  Section  11A-2)  of
one  or more other unit school districts into 2 or more parts
and which together include all of the parts into  which  such
other  unit  school district or districts are so divided, for
the  first  year  during  which  the  change  of   boundaries
attributable to such annexation or division becomes effective
for  all  purposes as determined under Section 7-9 or 11A-10,
as the case may be,  the  State  aid  calculated  under  this
Section  shall  be  computed  for  each annexing or resulting
district as constituted after the annexation or division  and
for each annexing and annexed district, or for each resulting
and  divided district, as constituted prior to the annexation
or division; and if the aggregate of  the  State  aid  as  so
computed   for   the   annexing  or  resulting  districts  as
constituted after the annexation or division is less than the
aggregate of the State aid as so computed  for  the  annexing
and  annexed  districts,  or  for  the  resulting and divided
districts,  as  constituted  prior  to  the   annexation   or
division,   then   a   supplementary  payment  equal  to  the
difference shall be made and allocated between or  among  the
annexing  or  resulting  districts,  as constituted upon such
annexation or division,  for  the  first  3  years  of  their
existence.   The  total difference payment shall be allocated
between or among the annexing or resulting districts  in  the
same  ratio  as the pupil enrollment from that portion of the
annexed or divided district or districts which is annexed  to
or included in each such annexing or resulting district bears
to  the  total  pupil  enrollment  from the entire annexed or
divided district or districts, as such  pupil  enrollment  is
determined  for the school year last ending prior to the date
when the change of boundaries attributable to the  annexation
or  division  becomes effective for all purposes.  The amount
of the total difference payment and the amount thereof to  be
allocated  to  the  annexing  or resulting districts shall be
computed by the State Board of  Education  on  the  basis  of
pupil  enrollment  and other data which shall be certified to
the State Board of Education, on forms which it shall provide
for that purpose, by the regional superintendent  of  schools
for each educational service region in which the annexing and
annexed  districts,  or  resulting  and divided districts are
located.
    (4)  If a unit school district annexes all the  territory
of  another  unit  school district effective for all purposes
pursuant to Section 7-9 on July 1, 1988, and if part  of  the
annexed  territory  is  detached within 90 days after July 1,
1988, then the detachment shall be disregarded  in  computing
the supplementary State aid payments under this paragraph (m)
for  the entire 3 year period and the supplementary State aid
payments shall not be diminished because of the detachment.
    (5)  Any supplementary State aid payment made under  this
paragraph  (m)  shall  be  treated as separate from all other
payments made pursuant to this Section.
    (n)  For the purposes of calculating State aid under this
Section, the real property equalized assessed valuation for a
school district used to compute State aid shall be determined
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 the
maximum operating tax rates specified in subsection  5(c)  of
this Section and 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 maximum operating tax rates
specified in subsection 5(c) of this Section.
    (o)  Notwithstanding  any  other   provisions   of   this
Section,  for  the  1996-1997  school  year the amount of the
aggregate general State  aid  entitlement  that  is  received
under  this  Section  by each school district for that school
year shall be not less  than  the  amount  of  the  aggregate
general  State  aid  entitlement  that  was  received  by the
district under this Section for the 1995-1996 school year. If
a school district is to receive an  aggregate  general  State
aid  entitlement  under this Section for the 1996-1997 school
year that is less than the amount of  the  aggregate  general
State  aid  entitlement that the district received under this
Section for the 1995-1996 school year,  the  school  district
shall  also  receive,  from a separate appropriation made for
purposes of this paragraph (o), a supplementary payment  that
is  equal  to  the  amount  by  which  the  general State aid
entitlement received by the district under this  Section  for
the  1995-1996  school  year  exceeds  the  general State aid
entitlement that  the  district  is  to  receive  under  this
Section  for  the  1996-1997  school  year.   If  the  amount
appropriated  for  supplementary payments to school districts
under this paragraph (o) is insufficient  for  that  purpose,
the  supplementary  payments  that  districts  are to receive
under this paragraph  shall  be  prorated  according  to  the
aggregate  amount  of  the appropriation made for purposes of
this paragraph.
    B.  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, 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 B 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.
    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  weighted  average  daily  attendance  shall  be
computed  and  the  weighted average daily attendance for the
school's most recent 3 year average shall be compared to  the
most  recent  weighted  average  daily  attendance,  and  the
greater of the 2 shall be used for the calculation under this
subsection  B.   The  general  State aid entitlement shall be
computed by multiplying the school's  student  count  by  the
foundation level as determined under this Section.
(Source: P.A.  88-9;  88-45;  88-89;  88-386; 88-511; 88-537;
88-555; 88-641; 88-670, eff. 12-2-94;  89-15,  eff.  5-30-95;
89-235,  eff.  8-4-95;  89-397,  eff.  8-20-95;  89-610, eff.
8-6-96; 89-618, eff. 8-9-96;  89-626,  eff.  8-9-96;  89-679,
eff. 8-16-96; revised 9-10-96.)

    (105 ILCS 5/24-2) (from Ch. 122, par. 24-2)
    Sec.  24-2.  Holidays.  Teachers shall not be required to
teach on  Saturdays;  nor  shall  teachers  or  other  school
employees,  other than noncertificated school employees whose
presence is necessary because of  an  emergency  or  for  the
continued  operation  and maintenance of school facilities or
property, be required to work on legal school holidays, which
are January 1, New Year's Day; the third Monday  in  January,
the Birthday of Dr. Martin Luther King, Jr.; February 12, the
Birthday  of  President  Abraham Lincoln; the first Monday in
March (to be  known  as  Casimir  Pulaski's  birthday);  Good
Friday;  the  day  designated as Memorial Day by federal law;
July 4, Independence Day;  the  first  Monday  in  September,
Labor  Day;  the  second  Monday  in  October,  Columbus Day;
November 11, Veteran's Day; the Thursday in November commonly
called Thanksgiving Day;  and  December  25,  Christmas  Day.
School  boards  may  grant special holidays whenever in their
judgment such action is  advisable,  except  that  no  school
board  or  board  of  education in a school district having a
population exceeding 500,000 the board of education  may  not
designate  or  observe as a legal or special holiday on which
teachers or other school employees are not required  to  work
the  days  on  which  general  elections  for  members of the
Illinois House of  Representatives  are  held.  No  deduction
shall  be  made  from  the  time  or compensation of a school
employee on account of any legal or special holiday.
    Commemorative   holidays,   which   recognize   specified
patriotic, civic, cultural or historical persons, activities,
or events, are regular school  days.  Commemorative  holidays
are:  January  28  (to  be known as Christa McAuliffe Day and
observed as a commemoration of space  exploration),  February
15 (the birthday of Susan B. Anthony), March 29 (Viet Nam War
Veterans Day), the school day immediately preceding Veteran's
Day  (Korean  War  Veterans  Day), October 1 (Recycling Day),
December 7  (Pearl  Harbor  Veterans  Day)  and  any  day  so
appointed  by  the  President or Governor.  School boards may
establish commemorative holidays whenever in  their  judgment
such   action  is  advisable.  School  boards  shall  include
instruction relative to commemorated persons, activities,  or
events  on  the  commemorative  holiday  or at any other time
during the school year and at any  point  in  the  curriculum
when  such  instruction  may be deemed appropriate. The State
Board of Education shall prepare and make available to school
boards  instructional  materials  relative  to   commemorated
persons,  activities,  or  events which may be used by school
boards in conjunction with any instruction provided  pursuant
to this paragraph.
    City of Chicago School District 299 shall observe March 4
of  each year as a commemorative holiday.  This holiday shall
be known as Mayors' Day which shall be a day  to  commemorate
and  be  reminded of the past Chief Executive Officers of the
City of Chicago, and in particular the late Mayor Richard  J.
Daley and the late Mayor Harold Washington.  If March 4 falls
on a Saturday or Sunday, Mayors' Day shall be observed on the
following Monday.
(Source:  P.A.  89-610,  eff.  8-6-96;  89-622,  eff. 8-9-96;
revised 9-9-96.)

    (105 ILCS 5/34-2.3) (from Ch. 122, par. 34-2.3)
    Sec. 34-2.3.  Local school councils - Powers and  duties.
Each local school council shall have and exercise, consistent
with the provisions of this Article and the powers and duties
of the board of education, the following powers and duties:
    1.  To  evaluate  the performance of the principal of the
attendance  center  taking  into  consideration  the   annual
evaluation   of   the  principal  conducted  by  the  general
superintendent pursuant to subsection (h) of Section  34-8.3,
to  determine  in  the  manner  provided by subsection (c) of
Section  34-2.2  whether  the  performance  contract  of  the
principal shall be renewed, and to  directly  select  in  the
manner  provided  by  subsection  (c) of Section 34-2.2 a new
principal (including a new principal to fill  a  vacancy)  --
without  submitting  any list of candidates for that position
to the general superintendent as provided in paragraph  2  of
this Section -- to serve under a 4 year performance contract;
provided   that   (i)   the   determination  of  whether  the
principal's performance contract is to be renewed and  --  in
cases  where  such  performance  contract is not renewed -- a
direct selection of a new principal -- to  serve  under  a  4
year  performance  contract shall be made by the local school
council by April 15 of the calendar year in which the current
performance contract of the principal  expires,  and  (ii)  a
direct  selection  by  the  local  school  council  of  a new
principal to fill  a  vacancy  under  a  4  year  performance
contract  shall  be  made  within 90 days after the date such
vacancy occurs.  A Council shall be required, if requested by
the principal, to provide in  writing  the  reasons  for  the
council's not renewing the principal's contract.
    2.  In  the  event  (i) the local school council does not
renew the performance  contract  of  the  principal,  or  the
principal  fails to receive a satisfactory rating as provided
in subsection (h) of Section  34-8.3,  or  the  principal  is
removed  for  cause during the term of his or her performance
contract in the  manner  provided  by  Section  34-85,  or  a
vacancy  in  the position of principal otherwise occurs prior
to the expiration of the term of  a  principal's  performance
contract, and (ii) the local school council fails to directly
select  a  new principal (including a new principal to fill a
vacancy) to serve under a 4 year  performance  contract,  the
local  school  council  in  such  event  shall  submit to the
general superintendent a list of 3 candidates  --  listed  in
the  local  school  council's  order of preference -- for the
position of principal, one of which shall be selected by  the
general   superintendent   to   serve  as  principal  of  the
attendance center.  If the general  superintendent  fails  or
refuses  to select one of the candidates on the list to serve
as principal within 30 days after being  furnished  with  the
candidate list, the local school council within 15 days after
such  failure  or  refusal  shall  itself  select  one of the
candidates from the  list  as  principal  of  the  attendance
center.   There  shall  be  no discrimination on the basis of
race, sex, creed, color or disability unrelated to ability to
perform in connection with the submission of candidates  for,
and  the selection of a candidate to serve as principal of an
attendance center.  No person  shall  be  directly  selected,
listed  as a candidate for, or selected to serve as principal
of an attendance center (i) if such person has  been  removed
for cause from employment by the Board or (ii) if such person
does  not  hold  a valid administrative certificate issued or
exchanged under Article 21 and endorsed as required  by  that
Article  for  the  position  of principal.  A principal whose
performance  contract  is  not  renewed  as  provided   under
subsection   (c)  of  Section  34-2.2  may  nevertheless,  if
otherwise qualified and certified as herein provided  and  if
he  or  she has received a satisfactory rating as provided in
subsection (h) of Section 34-8.3,  be  included  by  a  local
school  council as one of the 3 candidates listed in order of
preference on any candidate list from which one person is  to
be  selected  to  serve as principal of the attendance center
under a new performance contract.  The initial candidate list
required to be submitted by a local  school  council  to  the
general  superintendent  in  cases  where  the  local  school
council  does  not  renew  the  performance  contract  of its
principal and does not directly select  a  new  principal  to
serve  under a 4 year performance contract shall be submitted
not later than May 1 of  the  calendar  year  in  which  such
performance  contract expires.  In cases where a principal is
removed for cause  or  a  vacancy  otherwise  occurs  in  the
position of principal and the vacancy is not filled by direct
selection  by  the  local  school council, the candidate list
shall be submitted by the local school council to the general
superintendent not later than 90 days  after  the  date  such
removal or vacancy occurs.
    2.5.  Whenever  a  vacancy  in  the office of a principal
occurs for any reason, the vacancy shall  be  filled  in  the
manner  provided  by  this  Section by the selection of a new
principal to serve under a 4 year performance contract.
    3.  To establish additional criteria to  be  included  as
part  of  the performance contract of its principal, provided
that such additional criteria shall not discriminate  on  the
basis  of  race, sex, creed, color or disability unrelated to
ability to perform, and shall not be  inconsistent  with  the
uniform  4 year performance contract for principals developed
by the board as provided in Section 34-8.1 of the School Code
or with  other  provisions  of  this  Article  governing  the
authority and responsibility of principals.
    4.  To  approve  the  expenditure  plan  prepared  by the
principal with respect to all funds allocated and distributed
to the attendance center by the Board.  The expenditure  plan
shall  be  administered by the principal. Notwithstanding any
other provision of this Act or any other law, any expenditure
plan approved and  administered  under  this  Section  34-2.3
shall  be  consistent  with  and  subject to the terms of any
contract for services with a third party entered into by  the
Chicago  School  Reform  Board of Trustees or the board under
this Act.
    Via a supermajority vote of 7 members of the local school
council or 8 members of a high school local  school  council,
the  Council  may  transfer  allocations  pursuant to Section
34-2.3  within  funds;  provided  that  such  a  transfer  is
consistent with  applicable  law  and  collective  bargaining
agreements.
    Beginning  in  fiscal  year  1991 and in each fiscal year
thereafter, the Board may reserve  up  to  1%  of  its  total
fiscal year budget for distribution on a prioritized basis to
schools  throughout  the  school  system  in  order to assure
adequate programs  to  meet  the  needs  of  special  student
populations  as  determined  by the Board.  This distribution
shall  take  into  account  the  needs  catalogued   in   the
Systemwide  Plan  and  the  various  local school improvement
plans of the local school councils.  Information about  these
centrally  funded  programs shall be distributed to the local
school  councils  so  that  their  subsequent  planning   and
programming will account for these provisions.
    Beginning  in  fiscal  year  1991 and in each fiscal year
thereafter, from other amounts available  in  the  applicable
fiscal  year  budget,  the  board  shall  allocate a lump sum
amount to each local school based upon such  formula  as  the
board  shall  determine taking into account the special needs
of the  student  body.   The  local  school  principal  shall
develop  an  expenditure  plan in consultation with the local
school council, the professional personnel advisory committee
and with all  other  school  personnel,  which  reflects  the
priorities  and activities as described in the school's local
school improvement plan and is consistent with applicable law
and collective bargaining agreements and with board  policies
and  standards;  however, the local school council shall have
the right to request waivers of board policy from  the  board
of  education  and  waivers of employee collective bargaining
agreements pursuant to Section 34-8.1a.
    The expenditure plan  developed  by  the  principal  with
respect  to  amounts  available from the fund for prioritized
special needs programs and the allocated lump sum amount must
be approved by the local school council.
    The lump sum  allocation  shall  take  into  account  the
following principles:
         a.  Teachers:  Each  school shall be allocated funds
    equal to the amount appropriated in the  previous  school
    year   for  compensation  for  teachers  (regular  grades
    kindergarten through 12th grade) plus whatever  increases
    in  compensation  have  been  negotiated contractually or
    through  longevity  as   provided   in   the   negotiated
    agreement.   Adjustments  shall  be made due to layoff or
    reduction in force, lack of  funds  or  work,  change  in
    subject  requirements,  enrollment  changes, or contracts
    with third parties for the performance of services or  to
    rectify  any  inconsistencies with system-wide allocation
    formulas or for other legitimate reasons.
         b.  Other  personnel:  Funds   for   other   teacher
    certificated  and  uncertificated  personnel paid through
    non-categorical funds  shall  be  provided  according  to
    system-wide  formulas based on student enrollment and the
    special needs of the school as determined by the Board.
         c.  Non-compensation items: Appropriations  for  all
    non-compensation  items  shall  be  based  on system-wide
    formulas based on student enrollment and on  the  special
    needs  of  the  school or factors related to the physical
    plant, including but not limited to textbooks,  supplies,
    electricity, equipment, and routine maintenance.
         d.  Funds  for  categorical  programs: Schools shall
    receive personnel and funds based on, and shall use  such
    personnel  and funds in accordance with State and Federal
    requirements  applicable  to  each  categorical   program
    provided  to  meet  the special needs of the student body
    (including  but  not  limited  to,  Federal  Chapter   I,
    Bilingual, and Special Education).
         d.1.  Funds  for  State  Title I:  Each school shall
    receive funds  based  on  State  and  Board  requirements
    applicable  to  each State Title I pupil provided to meet
    the special needs of the student body.  Each school shall
    receive the proportion of funds as  provided  in  Section
    18-8  to  which  they are entitled.  These funds shall be
    spent only with  the  budgetary  approval  of  the  Local
    School Council as provided in Section 34-2.3.
         e.  The Local School Council shall have the right to
    request  the  principal  to  close positions and open new
    ones consistent with the provisions of the  local  school
    improvement   plan  provided  that  these  decisions  are
    consistent with applicable law and collective  bargaining
    agreements.   If  a  position is closed, pursuant to this
    paragraph, the local school shall have for  its  use  the
    system-wide average compensation for the closed position.
         f.  Operating  within  existing  laws and collective
    bargaining agreements, the  local  school  council  shall
    have   the   right  to  direct  the  principal  to  shift
    expenditures within funds.
         g.  (Blank).
    Any funds unexpended at the end of the fiscal year  shall
be available to the board of education for use as part of its
budget for the following fiscal year.
    5.  To  make  recommendations to the principal concerning
textbook  selection  and  concerning   curriculum   developed
pursuant  to  the school improvement plan which is consistent
with systemwide  curriculum  objectives  in  accordance  with
Sections  34-8 and 34-18 of the School Code and in conformity
with the collective bargaining agreement.
    6.  To advise the principal concerning the attendance and
disciplinary policies for the attendance center,  subject  to
the provisions of this Article and Article 26, and consistent
with  the  uniform  system  of  discipline established by the
board pursuant to Section 34-19.
    7.  To approve a school  improvement  plan  developed  as
provided in Section 34-2.4. The process and schedule for plan
development   shall   be  publicized  to  the  entire  school
community,  and  the  community   shall   be   afforded   the
opportunity  to make recommendations concerning the plan.  At
least twice a year the principal  and  local  school  council
shall  report  publicly on progress and problems with respect
to plan implementation.
    8.  To evaluate the allocation of teaching resources  and
other certificated and uncertificated staff to the attendance
center  to  determine  whether  such allocation is consistent
with and  in  furtherance  of  instructional  objectives  and
school  programs  reflective  of  the school improvement plan
adopted   for   the   attendance   center;   and   to    make
recommendations  to the board, the general superintendent and
the  principal  concerning  any  reallocation   of   teaching
resources or other staff whenever the council determines that
any    such   reallocation   is   appropriate   because   the
qualifications of any existing staff at the attendance center
do not adequately match or support  instructional  objectives
or school programs which reflect the school improvement plan.
    9.  To  make  recommendations  to  the  principal and the
general   superintendent    concerning    their    respective
appointments,  after  August  31,  1989,  and  in  the manner
provided by Section 34-8 and Section 34-8.1,  of  persons  to
fill  any  vacant,  additional or newly created positions for
teachers at the attendance center or  at  attendance  centers
which  include  the  attendance  center  served  by the local
school council.
    10.  To request of the Board the manner in which training
and assistance shall be provided to the local school council.
Pursuant to  Board  guidelines  a  local  school  council  is
authorized  to direct the Board of Education to contract with
personnel or not-for-profit organizations not associated with
the school district to train or assist council  members.   If
training or assistance is provided by contract with personnel
or organizations not associated with the school district, the
period  of  training  or assistance shall not exceed 30 hours
during a given school year; person shall not be employed on a
continuous basis longer than said period and shall  not  have
been  employed  by  the Chicago Board of Education within the
preceding six months.  Council members shall receive training
in at least the following areas:
         1.  school budgets;
         2.  educational theory pertinent to  the  attendance
    center's  particular  needs, including the development of
    the  school  improvement   plan   and   the   principal's
    performance contract; and
         3.  personnel selection.
Council  members  shall,  to  the  greatest  extent possible,
complete such training within 90 days of election.
    11.  In accordance with systemwide  guidelines  contained
in  the  System-Wide  Educational Reform Goals and Objectives
Plan,  criteria  for  evaluation  of  performance  shall   be
established  for  local  school  councils  and  local  school
council  members.   If  a  local  school  council persists in
noncompliance with systemwide  requirements,  the  Board  may
impose   sanctions  and  take  necessary  corrective  action,
consistent with Section 34-8.3.
    12.  Each local school council shall comply with the Open
Meetings Act and the Freedom of Information Act.  Each  local
school  council  shall  issue  and  transmit  to  its  school
community   a  detailed  annual  report  accounting  for  its
activities  programmatically  and  financially.   Each  local
school council  shall  convene  at  least  2  well-publicized
meetings  annually  with  its entire school community.  These
meetings shall include presentation  of  the  proposed  local
school  improvement  plan, of the proposed school expenditure
plan, and the annual report, and shall provide an opportunity
for public comment.
    13.  Each local school council is encouraged  to  involve
additional  non-voting  members  of  the  school community in
facilitating the council's exercise of its responsibilities.
    14.  The local school council may adopt a school  uniform
or  dress  code policy that governs the attendance center and
that is necessary to maintain the orderly process of a school
function or prevent endangerment of student health or safety,
consistent with the  policies  and  rules  of  the  Board  of
Education. A school uniform or dress code policy adopted by a
local school council: (i) shall not be applied in such manner
as  to discipline or deny attendance to a transfer student or
any other student for noncompliance with that  policy  during
such  period of time as is reasonably necessary to enable the
student to acquire a school uniform or otherwise comply  with
the  dress  code  policy  that is in effect at the attendance
center into which the student's  enrollment  is  transferred;
and  (ii)  shall include criteria and procedures under  which
the local school council will accommodate  the  needs  of  or
otherwise  provide  appropriate resources to assist a student
from an indigent  family  in  complying  with  an  applicable
school  uniform or dress code policy. A student whose parents
or  legal  guardians  object  on  religious  grounds  to  the
student's compliance with an  applicable  school  uniform  or
dress  code  policy shall not be required to comply with that
policy if the student's parents or legal guardians present to
the local school council  a  signed  statement  of  objection
detailing the grounds for the objection.
    15.  All  decisions  made  and actions taken by the local
school council in the exercise of its powers and duties shall
comply with State and federal laws, all applicable collective
bargaining  agreements,  court  orders  and  rules   properly
promulgated by the Board.
    15a.  To  grant,  in  accordance  with  board  rules  and
policies,  the  use of assembly halls and classrooms when not
otherwise needed, including lighting, heat,  and  attendants,
for  public  lectures,  concerts,  and  other educational and
social activities.
    15b.  To approve, in  accordance  with  board  rules  and
policies, receipts and expenditures for all internal accounts
of  the  attendance  center,  and to approve all fund-raising
activities by nonschool organizations  that  use  the  school
building.
    16.  (Blank).
    17.   Names and addresses of local school council members
shall be a matter of public record.
(Source:  P.A.  88-85;  88-511;  88-686, eff. 1-24-95; 89-15,
eff. 5-30-95;  89-610,  eff.  8-6-96;  89-636,  eff.  8-9-96;
revised 9-9-96.)

    Section  2-140.   The  Illinois Banking Act is amended by
changing Sections 2, 13, 47, and 48 as follows:

    (205 ILCS 5/2) (from Ch. 17, par. 302)
    Sec. 2.  General definitions.  In this  Act,  unless  the
context  otherwise  requires, the following words and phrases
shall have the following meanings:
    "Accommodation party" shall have the meaning ascribed  to
that term in Section 3-415 of the Uniform Commercial Code.
    "Action"  in  the sense of a judicial proceeding includes
recoupments, counterclaims, set-off, and any other proceeding
in which rights are determined.
    "Affiliate facility" of  a  bank  means  a  main  banking
premises  or  branch of another commonly owned bank. The main
banking premises or any branch of a bank may be an "affiliate
facility" with respect to one or more  other  commonly  owned
banks.
    "Appropriate  federal  banking  agency" means the Federal
Deposit Insurance Corporation, the Federal  Reserve  Bank  of
Chicago,  or  the  Federal  Reserve  Bank  of  St.  Louis, as
determined by federal law.
    "Bank" means any person doing a banking business  whether
subject to the laws of this or any other jurisdiction.
    A  "banking  house",  "branch",  "branch bank" or "branch
office" shall mean any place of business of a bank  at  which
deposits  are received, checks paid, or loans made, but shall
not include any place at which only records thereof are made,
posted, or kept.  A place of business at which  deposits  are
received,  checks  paid, or loans made shall not be deemed to
be a branch, branch bank, or branch office if  the  place  of
business  is  adjacent to and connected with the main banking
premises, or  if  it  is  separated  from  the  main  banking
premises  by not more than an alley; provided always that (i)
if the place of business is separated by an  alley  from  the
main  banking  premises there is a connection between the two
by public or private  way  or  by  subterranean  or  overhead
passage,  and  (ii) if the place of business is in a building
not wholly occupied by the bank, the place of business  shall
not  be within any office or room in which any other business
or service of any kind or nature other than the  business  of
the  bank  is conducted or carried on. A place of business at
which deposits are received, checks paid, or loans made shall
not be deemed to be a branch, branch bank, or  branch  office
(i)  of  any bank if the place is an automatic teller machine
established and maintained in accordance with paragraph  (16)
of Section 5 of this Act, or (ii) of any bank if the place is
a  point  of  sale  terminal  established  and  maintained in
accordance with paragraph (17) of Section 5 of this  Act,  or
(iii)  of  a  commonly  owned  bank by virtue of transactions
conducted at that place on behalf of the other commonly owned
bank under paragraph (23) of Section 5 of  this  Act  if  the
place  is  an  affiliate  facility  with respect to the other
bank.
    "Branch  of  an  out-of-state  bank"   means   a   branch
established or maintained in Illinois by an out-of-state bank
as  a  result  of  a  merger between an Illinois bank and the
out-of-state bank that occurs on or after May  31,  1997,  or
any branch established by the out-of-state bank following the
merger.
    "Call  report  fee"  means  the  fee  to  be  paid to the
Commissioner by each State bank pursuant to paragraph (a)  of
subsection (3) of Section 48 of this Act.
    "Capital"  includes  the aggregate of outstanding capital
stock and preferred stock.
    "Cash flow reserve account" means the account within  the
books  and  records  of  the  Commissioner  of Banks and Real
Estate  used  to  record  funds  designated  to  maintain   a
reasonable  Bank  and Trust Company Fund operating balance to
meet agency obligations on a timely basis.
    "Charter"  includes  the   original   charter   and   all
amendments thereto and articles of merger or consolidation.
    "Commissioner"  means  the Commissioner of Banks and Real
Estate or a person authorized by the Commissioner, the Office
of Banks and Real Estate Act, or  this  Act  to  act  in  the
Commissioner's stead.
    "Commonly  owned  banks"  means 2 or more banks that each
qualify as a bank subsidiary of the same bank holding company
pursuant to Section 18 of the Federal Deposit Insurance  Act;
"commonly  owned  bank"  refers to one of a group of commonly
owned banks but only with respect to one or more of the other
banks in the same group.
    "Community" means a city, village, or  incorporated  town
in this State.
    "Company"  means  a  corporation,  partnership,  business
trust,  association,  or  similar  organization  and,  unless
specifically excluded, includes a "State bank" and a "bank".
    "Consolidating bank" means a party to a consolidation.
    "Consolidation"  takes  place  when 2 or more banks, or a
trust company and a bank, are extinguished and  by  the  same
process  a  new  bank  is created, taking over the assets and
assuming the  liabilities  of  the  banks  or  trust  company
passing out of existence.
    "Continuing  bank"  means  a merging bank, the charter of
which becomes the charter of the resulting bank.
    "Converting bank" means a State bank converting to become
a national bank, or a national bank converting  to  become  a
State bank.
    "Converting   trust   company"   means  a  trust  company
converting to become a State bank.
    "Court" means a court of competent jurisdiction.
    "Eligible  depository  institution"  means   an   insured
savings  association  that  is in default, an insured savings
association that is in danger of default, a State or national
bank that is in default or a State or national bank  that  is
in  danger  of  default,  as  those terms are defined in this
Section, or a new bank as that term defined in Section  11(m)
of the Federal Deposit Insurance Act or a bridge bank as that
term  is  defined  in  Section  11(n)  of the Federal Deposit
Insurance Act or a new federal savings association authorized
under Section 11(d)(2)(f) of the  Federal  Deposit  Insurance
Act.
    "Fiduciary"     means     trustee,    agent,    executor,
administrator, committee, guardian  for  a  minor  or  for  a
person   under   legal   disability,   receiver,  trustee  in
bankruptcy, assignee for creditors, or any holder of  similar
position of trust.
    "Financial  institution"  means  a bank, savings and loan
association, credit union, or any licensee under the Consumer
Installment Loan Act or the Sales Finance Agency Act and, for
purposes of Section  48.3,  any  proprietary  network,  funds
transfer  corporation,  or  other entity providing electronic
funds transfer services,  or  any  corporate  fiduciary,  its
subsidiaries,  affiliates,  parent  company,  or  contractual
service provider that is examined by the Commissioner.
    "Foundation" means the Illinois Bank Examiners' Education
Foundation.
    "General  obligation"  means  a  bond,  note,  debenture,
security, or other instrument evidencing an obligation of the
issuer  that  is supported by the full available resources of
the issuer, the principal and interest of which is payable in
whole or in part by taxation.
    "Guarantee" means an undertaking or promise to answer for
payment of another's debt or performance of  another's  duty,
liability,  or  obligation  whether  "payment  guaranteed" or
"collection guaranteed".
    "In danger of default" means a State or national bank,  a
federally   chartered   insured  savings  association  or  an
Illinois state chartered  insured  savings  association  with
respect  to which the Commissioner or the appropriate federal
banking agency has  advised  the  Federal  Deposit  Insurance
Corporation that:
         (1)  in  the  opinion  of  the  Commissioner  or the
    appropriate federal banking agency,
              (A)  the State  or  national  bank  or  insured
         savings association is not likely to be able to meet
         the  demands  of  the  State  or  national bank's or
         savings  association's  obligations  in  the  normal
         course of business; and
              (B)  there is no reasonable prospect  that  the
         State   or   national   bank   or   insured  savings
         association will be able to meet  those  demands  or
         pay those obligations without federal assistance; or
         (2)  in  the  opinion  of  the  Commissioner  or the
    appropriate federal banking agency,
              (A)  the State  or  national  bank  or  insured
         savings  association  has  incurred  or is likely to
         incur losses that will deplete all or  substantially
         all of its capital; and
              (B)  there  is  no reasonable prospect that the
         capital of the State or  national  bank  or  insured
         savings  association  will  be  replenished  without
         federal assistance.
    "In  default"  means, with respect to a State or national
bank or an insured savings association, any  adjudication  or
other  official  determination  by  any  court  of  competent
jurisdiction,   the  Commissioner,  the  appropriate  federal
banking agency, or other public authority pursuant to which a
conservator, receiver, or other legal custodian is  appointed
for   a   State  or  national  bank  or  an  insured  savings
association.
    "Insured savings association" means any  federal  savings
association  chartered  under  Section  5 of the federal Home
Owners' Loan Act and any State savings association  chartered
under  the  Illinois  Savings  and  Loan  Act  of  1985  or a
predecessor Illinois  statute,  the  deposits  of  which  are
insured  by  the  Federal Deposit Insurance Corporation.  The
term also includes a  savings  bank  organized  or  operating
under the Savings Bank Act.
    "Insured   savings  association  in  recovery"  means  an
insured  savings  association  that  is   not   an   eligible
depository  institution  and  that  does not meet the minimum
capital requirements applicable with respect to  the  insured
savings association.
    "Issuer"  means  for  purposes of Section 33 every person
who shall have issued or  proposed  to  issue  any  security;
except  that  (1)  with  respect  to certificates of deposit,
voting trust certificates, collateral-trust certificates, and
certificates of  interest  or  shares  in  an  unincorporated
investment  trust not having a board of directors (or persons
performing similar functions), "issuer" means the  person  or
persons  performing  the  acts  and  assuming  the  duties of
depositor or manager pursuant to the provisions of the trust,
agreement, or  instrument  under  which  the  securities  are
issued; (2) with respect to trusts other than those specified
in  clause  (1)  above,  where  the  trustee is a corporation
authorized to accept and execute trusts, "issuer"  means  the
entrusters,  depositors,  or  creators  of  the trust and any
manager or committee charged with the  general  direction  of
the  affairs  of  the trust pursuant to the provisions of the
agreement or instrument creating  the  trust;  and  (3)  with
respect  to  equipment trust certificates or like securities,
"issuer" means the person to whom the equipment  or  property
is or is to be leased or conditionally sold.
    "Letter of credit" and "customer" shall have the meanings
ascribed  to  those  terms  in  Section  5-102 of the Uniform
Commercial Code.
    "Main  banking  premises"  means  the  location  that  is
designated in a bank's charter as its main office.
    "Maker or obligor" means for purposes of Section  33  the
issuer  of  a  security, the promisor in a debenture or other
debt security, or the mortgagor or grantor of a trust deed or
similar conveyance of a security interest in real or personal
property.
    "Merged bank" means  a  merging  bank  that  is  not  the
continuing,  resulting,  or surviving bank in a consolidation
or merger.
    "Merger" includes consolidation.
    "Merging bank" means a party to a bank merger.
    "Merging trust company" means a trust company party to  a
merger with a State bank.
    "Mid-tier  bank holding company" means a corporation that
(a) owns 100% of the issued and outstanding  shares  of  each
class   of   stock   of  a  State  bank,  (b)  has  no  other
subsidiaries, and (c) 100%  of  the  issued  and  outstanding
shares  of the corporation are owned by a parent bank holding
company.
    "Municipality"   means   any   municipality,    political
subdivision, school district, taxing district, or agency.
    "National  bank"  means  a  national  banking association
located in this  State  and  after  May  31,  1997,  means  a
national banking association without regard to its location.
    "Out-of-state bank" means a bank chartered under the laws
of  a  state  other  than Illinois, a territory of the United
States, or the District of Columbia.
    "Parent bank holding company" means a corporation that is
a bank holding  company  as  that  term  is  defined  in  the
Illinois  Bank  Holding  Company Act of 1957 and owns 100% of
the issued and outstanding shares of a mid-tier bank  holding
company.
    "Person"  means  an individual, corporation, partnership,
joint venture, trust, estate, or unincorporated association.
    "Public agency" means the State of Illinois, the  various
counties,   townships,   cities,   towns,   villages,  school
districts,  educational   service   regions,   special   road
districts,  public  water  supply  districts, fire protection
districts,  drainage  districts,   levee   districts,   sewer
districts,  housing authorities, the Illinois Bank Examiners'
Education Foundation, the  Chicago  Park  District,  and  all
other  political corporations or subdivisions of the State of
Illinois, whether now or hereafter  created,  whether  herein
specifically  mentioned  or  not,  and shall also include any
other state or any political corporation  or  subdivision  of
another state.
    "Public  funds" or "public money" means current operating
funds, special funds, interest and sinking funds,  and  funds
of  any kind or character belonging to, in the custody of, or
subject to the control or regulation of the United States  or
a  public  agency.   "Public  funds"  or "public money" shall
include funds  held  by  any  of  the  officers,  agents,  or
employees  of  the United States or of a public agency in the
course of their official duties and, with respect  to  public
money  of  the  United  States,  shall include Postal Savings
funds.
    "Published" means, unless the context requires otherwise,
the publishing of the notice or  instrument  referred  to  in
some  newspaper  of  general  circulation in the community in
which the bank is located at  least  once  each  week  for  3
successive  weeks.   Publishing shall be accomplished by, and
at the expense of,  the  bank  required  to  publish.   Where
publishing   is  required,  the  bank  shall  submit  to  the
Commissioner  that  evidence  of  the  publication   as   the
Commissioner shall deem appropriate.
    "Recorded" means the filing or recording of the notice or
instrument  referred  to in the office of the Recorder of the
county wherein the bank is located.
    "Resulting bank" means the bank resulting from  a  merger
or conversion.
    "Securities"  means  stocks, bonds, debentures, notes, or
other similar obligations.
    "Stand-by letter of credit"  means  a  letter  of  credit
under  which  drafts  are  payable  upon  the  condition  the
customer  has  defaulted in performance of a duty, liability,
or obligation.
    "State bank" means any banking  corporation  that  has  a
banking charter issued by the Commissioner under this Act.
    "State  Banking  Board"  means the State Banking Board of
Illinois.
    "Subsidiary" with respect to a specified company means  a
company  that  is  controlled  by the specified company.  For
purposes of paragraphs (8) and (12) of Section 5 of this Act,
"control" means the exercise  of  operational  or  managerial
control  of  a  corporation  by  the  bank,  either  alone or
together with other affiliates of the bank.
    "Surplus" means the aggregate  of  (i)  amounts  paid  in
excess of the par value of capital stock and preferred stock;
(ii)  amounts  contributed  other  than for capital stock and
preferred stock and allocated to  the  surplus  account;  and
(iii) amounts transferred from undivided profits.
    "Tier  1  Capital" and "Tier 2 Capital" have the meanings
assigned to those terms in regulations  promulgated  for  the
appropriate  federal banking agency of a state bank, as those
regulations are now or hereafter amended.
    "Trust company" means a corporation incorporated in  this
State for the purpose of accepting and executing trusts.
    "Undivided  profits"  means  undistributed  earnings less
discretionary transfers to surplus.
    "Unimpaired capital  and  unimpaired  surplus",  for  the
purposes  of paragraph (21) of Section 5 and Sections 32, 33,
34, 35.1, 35.2, and 47 of this Act means the sum of the state
bank's Tier 1 Capital and Tier  2  Capital  plus  such  other
shareholder  equity  as  may be included by regulation of the
Commissioner.   Unimpaired  capital  and  unimpaired  surplus
shall be calculated on the basis of  the  date  of  the  last
quarterly  call  report filed with the Commissioner preceding
the date of the transaction  for  which  the  calculation  is
made,  provided  that: (i) when a material event occurs after
the date of the last quarterly call  report  filed  with  the
Commissioner  that reduces or increases the bank's unimpaired
capital and unimpaired surplus  by  10%  or  more,  then  the
unimpaired capital and unimpaired surplus shall be calculated
from  the  date  of  the  material  event  for  a transaction
conducted after the date of the material event; and  (ii)  if
the  Commissioner determines for safety and soundness reasons
that a state bank should  calculate  unimpaired  capital  and
unimpaired  surplus  more  frequently  than  provided by this
paragraph, the Commissioner may by written notice direct  the
bank  to  calculate unimpaired capital and unimpaired surplus
at a more frequent interval.  In the case  of  a  state  bank
newly  chartered  under  Section 13 or a state bank resulting
from a merger, consolidation, or conversion under Sections 21
through 26 for which no preceding quarterly call  report  has
been  filed  with  the  Commissioner,  unimpaired capital and
unimpaired surplus shall be calculated for the first calendar
quarter on the basis of the effective date  of  the  charter,
merger, consolidation, or conversion.
(Source: P.A.  88-45;  88-271;  88-546; 89-208, eff. 9-29-95;
89-364, eff. 8-18-95; revised 9-18-95; 89-508,  eff.  7-3-96;
89-534,  eff.  1-1-97;  89-567,  eff.  7-26-96;  89-626, eff.
8-9-96; revised 8-27-96.)

    (205 ILCS 5/13) (from Ch. 17, par. 320)
    Sec. 13.  Issuance of charter.
    (a)  When the directors have  organized  as  provided  in
Section  12  of  this  Act,  and  the  capital  stock and the
preferred stock, if any, together with a surplus of not  less
than 50% of the capital, and a reserve for operating expenses
of  at  least  25% of the capital, has been all fully paid in
and a record of the same filed  with  the  Commissioner,  the
Commissioner  or  some competent person of the Commissioner's
appointment  shall  make  a  thorough  examination  into  the
affairs of the proposed bank, and if satisfied that  all  the
requirements of this Act have been complied with, and that no
intervening   circumstance   has   occurred   to  change  the
Commissioner's findings made pursuant to Section 10  of  this
Act,  upon  payment  into  the  Commissioner's  office of the
reasonable expenses of the examination, as determined by  the
Commissioner,   the   Commissioner   shall  issue  a  charter
authorizing the bank to commence business  as  authorized  in
this  Act.   All  charters  issued by the Commissioner or any
predecessor agency which chartered State banks, including any
charter  outstanding  as  of  September  1,  1989,  shall  be
perpetual.  For the 2 years after the Commissioner has issued
a charter to a bank, the bank shall request and  obtain  from
the  Commissioner prior written approval before it may change
senior management personnel or directors.
    The charter, duly certified by the Commissioner, shall be
recorded, and the original  or  a  certified  copy  shall  be
evidence  in  all  courts  and  places  of  the existence and
authority of the bank to do business.  Upon the recording  of
the  charter the bank shall be deemed fully organized and may
proceed  to  do  business.   The  Commissioner  may,  in  the
Commissioner's  discretion,  withhold  the  issuing  of   the
charter  when the Commissioner has reason to believe that the
bank  is  organized  for  any   purpose   other   than   that
contemplated by this Act or that a commission or fee has been
paid  in  connection  with the sale of the stock of the bank.
The  Commissioner  shall  revoke  the   charter   and   order
liquidation  in  the  event that the bank does not commence a
general banking business within one year from the date of the
issuance of the charter, unless a request has been submitted,
in writing, to the Commissioner  for  an  extension  and  the
request  has  been  approved.   After  commencing  a  general
banking   business,  a  bank,  upon  written  notice  to  the
Commissioner, may change its name.
    (b) (1)  The Commissioner may also issue a charter  to  a
bank   that   is   owned   exclusively  by  other  depository
institutions or depository institution holding companies  and
is  organized  to engage exclusively in providing services to
or  for  other   depository   institutions,   their   holding
companies, and the officers, directors, and employees of such
institutions  and  companies,  and in providing correspondent
banking  services  at  the  request   of   other   depository
institutions  or their holding companies (also referred to as
a "bankers' bank").
    (2)  A bank chartered pursuant to  paragraph  (1)  shall,
except   as   otherwise   specifically   determined   by  the
Commissioner, be vested with the same rights  and  privileges
and  subject to the same duties, restrictions, penalties, and
liabilities now or hereafter imposed under this Act.
    (c)  A bank chartered under this Act  after  November  1,
1985,  and an out-of-state bank that merges with a State bank
and establishes or maintains a branch in this State after May
31, 1997, shall obtain  from  and,  at  all  times  while  it
accepts  or  retains  deposits,  maintain  with  the  Federal
Deposit  Insurance Corporation, or such other instrumentality
of or corporation chartered by  the  United  States,  deposit
insurance as authorized under federal law.
    (d) (i)  A  bank that has a banking charter issued by the
Commissioner under  this  Act  may,  pursuant  to  a  written
purchase and assumption agreement, transfer substantially all
of  its  assets  to  another  State  bank or national bank in
consideration, in whole or in part, for the transferee banks'
assumption of any part or all of  its  liabilities.   Such  a
transfer  shall  in no way be deemed to impair the charter of
the transferor bank or cause the transferor bank  to  forfeit
any   of   its  rights,  powers,  interests,  franchises,  or
privileges as a State bank, nor shall any voluntary reduction
in  the  transferor  bank's  activities  resulting  from  the
transfer have any such  effect;  provided,  however,  that  a
State  bank  that  transfers  substantially all of its assets
pursuant to this subsection (d) and  following  the  transfer
does  not  accept deposits and make loans, shall not have any
rights, powers, interests, franchises,  or  privileges  under
subsection  (15)  of Section 5 of this Act until the bank has
resumed accepting deposits and making loans.
    (ii)  The  fact  that  a  State  bank  does  not   resume
accepting deposits and making loans for a period of 24 months
commencing on September 11, 1989 or on a date of the transfer
of  substantially  all of a State bank's assets, whichever is
later, or such longer period as the Commissioner may allow in
writing, may be the basis for a finding by  the  Commissioner
under  Section  51  of  this  Act  that the bank is unable to
continue operations.
    (iii)  The authority provided by subdivision (i) of  this
subsection  (d)(i)  shall  terminate  on May 31, 1997, and no
bank that has transferred substantially  all  of  its  assets
pursuant  to  this subsection (d) shall continue in existence
after May 31, 1997.
(Source: P.A. 89-208, eff.  9-29-95;  89-567,  eff.  7-26-96;
89-603, eff. 8-2-96; revised 9-9-96.)

    (205 ILCS 5/47) (from Ch. 17, par. 358)
    Sec. 47.  Reports to Commissioner.
    (a)  All  State  banks  shall  make  a  full and accurate
statement of their  affairs  at  least  1  time  during  each
calendar  quarter  which shall be certified to, under oath by
the president, a vice-president or the cashier of such  bank.
If  the  statement  is  submitted  in  electronic  form,  the
Commissioner  may,  in  the  call for the report, specify the
manner in which the appropriate officer  of  the  bank  shall
certify  the  statement  of  affairs.  The statement shall be
according  to  the  form  which  may  be  prescribed  by  the
Commissioner  and  shall  exhibit   in   detail   information
concerning  such bank at the close of business of any day the
Commissioner may choose and designate  in  a  call  for  such
report.   Each  bank shall deliver its quarterly statement to
the location specified by the Commissioner within 30 calendar
days of the date of  the  call  for  such  reports.   If  the
quarterly  statement  is mailed, it must be postmarked within
the period prescribed for  delivery,  and  if  the  quarterly
statement  is  delivered  in  electronic form, the bank shall
generate and retain satisfactory proof that it has caused the
report to be  delivered  within  the  period  prescribed  for
delivery.  Within  60  calendar days after the Commissioner's
call for the fourth calendar quarter statement of affairs,  a
State  bank  shall  publish  an  annual  disclosure statement
setting  forth  the  information  required  by  rule  of  the
Commissioner.  The disclosure  statement  shall  contain  the
required  information  as  of  the  close of the business day
designated  by  the  Commissioner  for  the  fourth   quarter
statement  of  affairs.  Any bank failing to make and deliver
such statement or to  comply  with  any  provisions  of  this
Section   may   be  subject  to  a  penalty  payable  to  the
Commissioner of $100 for each day of noncompliance.
    (b)  In addition to the foregoing reports, any bank which
is the victim of a shortage of funds in excess of $10,000, an
apparent misapplication of the bank's funds  by  an  officer,
employee  or  director,  or  any  adverse  legal action in an
amount in excess of  10%  of  total  unimpaired  capital  and
unimpaired surplus of the bank, including but not limited to,
the  entry of an adverse money judgment against the bank or a
write-off  of  assets  of  the  bank,   shall   report   that
information  in  writing to the Commissioner within 7 days of
the occurrence.  Neither the bank, its  directors,  officers,
employees  or its agents, in the preparation or filing of the
reports required by subsection (b) of this Section, shall  be
subject to any liability for libel, slander, or other charges
resulting  from  information supplied in such reports, except
when the supplying of such information is done in  a  corrupt
or malicious manner or otherwise not in good faith.
(Source:  P.A.  89-505,  eff.  6-28-96; 89-567, eff. 7-26-96;
revised 8-28-96.)

    (205 ILCS 5/48) (from Ch. 17, par. 359)
    Sec. 48. Commissioner's powers; duties.  The Commissioner
shall have the powers and authority, and is charged with  the
duties  and  responsibilities  designated  in this Act, and a
State bank shall not be subject to any other visitorial power
other than as authorized by this Act, except those vested  in
the courts. In the performance of the Commissioner's duties:
    (1)  The  Commissioner shall call for statements from all
State banks as provided in  Section  47  at  least  one  time
during each calendar quarter.
    (2) (a)  The  Commissioner,  as often as the Commissioner
shall deem necessary or proper, and at  least  once  in  each
year,  shall  appoint a suitable person or persons to make an
examination of the affairs of every State bank,  except  that
for  every eligible State bank, as defined by regulation, the
Commissioner in lieu of an  annual  examination  every  other
year  shall accept the examination made by the eligible State
bank's appropriate federal banking agency pursuant to Section
111 of the Federal Deposit Insurance Corporation  Improvement
Act  of 1991, provided the appropriate federal banking agency
has made such an examination. A person so appointed shall not
be a stockholder or officer or employee  of  any  bank  which
that person may be directed to examine, and shall have powers
to  make  a  thorough examination into all the affairs of the
bank and in so doing to examine any of the officers or agents
or employees thereof on  oath  and  shall  make  a  full  and
detailed   report  of  the  condition  of  the  bank  to  the
Commissioner. In making the examination the  examiners  shall
include  an  examination of the affairs of all the affiliates
of the bank, as defined in subsection (b) of Section 35.2  of
this  Act,  as  shall  be  necessary  to  disclose  fully the
conditions of the affiliates, the relations between the  bank
and the affiliates and the effect of those relations upon the
affairs  of  the bank, and in connection therewith shall have
power to examine any of the officers, directors,  agents,  or
employees  of the affiliates on oath. After May 31, 1997, the
Commissioner may enter into cooperative agreements with state
regulatory  authorities  of  other  states  to  provide   for
examination  of  State bank branches in those states, and the
Commissioner may accept reports of examinations of State bank
branches  from  those  state  regulatory  authorities.  These
cooperative agreements may set forth the manner in which  the
other  state  regulatory  authorities  may be compensated for
examinations prepared for and submitted to the Commissioner.
    (b)  After May 31, 1997, the Commissioner  is  authorized
to examine, as often as the Commissioner shall deem necessary
or  proper, branches of out-of-state banks.  The Commissioner
may  establish  and  may  assess  fees  to  be  paid  to  the
Commissioner for examinations under this subsection (b).  The
fees shall be borne by the out-of-state bank, unless the fees
are borne by the state regulatory  authority  that  chartered
the   out-of-state  bank,  as  determined  by  a  cooperative
agreement between the Commissioner and the  state  regulatory
authority that chartered the out-of-state bank.
    (2.5)  Whenever   any   State  bank,  any  subsidiary  or
affiliate of a State bank, or after May 31, 1997, any  branch
of  an  out-of-state bank causes to be performed, by contract
or otherwise, any bank services for itself, whether on or off
its premises:
         (a)  that   performance   shall   be   subject    to
    examination  by the Commissioner to the same extent as if
    services were being performed by the bank or,  after  May
    31,  1997,  branch of the out-of-state bank itself on its
    own premises; and
         (b)  the bank or, after May 31, 1997, branch of  the
    out-of-state  bank  shall  notify the Commissioner of the
    existence of a service  relationship.   The  notification
    shall  be submitted with the first statement of condition
    (as required by Section 47 of this  Act)  due  after  the
    making  of the service contract or the performance of the
    service, whichever occurs first.  The Commissioner  shall
    be  notified  of  each  subsequent  contract  in the same
    manner.
    For purposes of this subsection  (2.5),  the  term  "bank
services"  means  services  such  as  sorting  and posting of
checks and deposits, computation and posting of interest  and
other credits and charges, preparation and mailing of checks,
statements,   notices,   and  similar  items,  or  any  other
clerical, bookkeeping, accounting,  statistical,  or  similar
functions  performed  for  a  State  bank,  including but not
limited to electronic data processing related to  those  bank
services.
    (3)  The expense of administering this Act, including the
expense  of  the  examinations  of State banks as provided in
this Act, shall to the extent of the amounts  resulting  from
the  fees  provided  for in paragraphs (a), (a-2), and (b) of
this subsection (3) be assessed  against  and  borne  by  the
State banks:
         (a)  Each  bank shall pay to the Commissioner a Call
    Report Fee which shall be paid in quarterly  installments
    equal to one-fourth of the sum of the annual fixed fee of
    $800,  plus  a  variable fee based on the assets shown on
    the quarterly statement of  condition  delivered  to  the
    Commissioner  in  accordance  with  Section  47  for  the
    preceding  quarter  according  to the following schedule:
    16¢ per $1,000 of the first $5,000,000 of  total  assets,
    15¢  per  $1,000 of the next $20,000,000 of total assets,
    13¢ per $1,000 of the next $75,000,000  of total  assets,
    9¢  per  $1,000 of the next $400,000,000 of total assets,
    7¢ per $1,000 of the next $500,000,000 of  total  assets,
    and   5¢   per   $1,000   of  all  assets  in  excess  of
    $1,000,000,000, of the State bank. The  Call  Report  Fee
    shall be calculated by the Commissioner and billed to the
    banks  for  remittance  at  the  time  of  the  quarterly
    statements  of  condition provided for in Section 47. The
    Commissioner may require payment of the fees provided  in
    this  Section  by  an  electronic transfer of funds or an
    automatic debit of an account of each of the State banks.
    In case more than one examination of any bank  is  deemed
    by  the  Commissioner  to be necessary in any fiscal year
    and is performed at his direction, the  Commissioner  may
    assess a reasonable additional fee to recover the cost of
    the  additional examination, but the additional fee shall
    not exceed the sum  of  the  remittances  from  the  Call
    Report  Fees  applicable  to  the 4 consecutive quarterly
    statements of condition immediately preceding the date of
    the additional examination.  In lieu of  the  method  and
    amounts   set   forth  in  this  paragraph  (a)  for  the
    calculation of the Call Report Fee, the Commissioner  may
    specify  by  rule  that  the Call Report Fees provided by
    this Section may be assessed semiannually or  some  other
    period and may provide in the rule the formula to be used
    for  calculating  and  assessing the periodic Call Report
    Fees to be paid by State banks.
         (a-1)  If in the  opinion  of  the  Commissioner  an
    emergency  exists or appears likely, the Commissioner may
    assign an examiner or examiners to monitor the affairs of
    a  State  bank   with   whatever   frequency   he   deems
    appropriate,  including but not limited to a daily basis.
    The reasonable and necessary expenses of the Commissioner
    during the period of the monitoring shall be borne by the
    subject bank.  The Commissioner shall furnish  the  State
    bank  a statement of time and expenses if requested to do
    so within 30 days of the  conclusion  of  the  monitoring
    period.
         (a-2)  On  and after January 1, 1990, the reasonable
    and  necessary  expenses  of  the   Commissioner   during
    examination   of   the  performance  of  electronic  data
    processing services under subsection (2.5) shall be borne
    by the banks for which the  services  are  provided.   An
    amount,  based  upon  a  fee  structure prescribed by the
    Commissioner, shall be paid by the banks  or,  after  May
    31,  1997,  branches  of out-of-state banks receiving the
    electronic data processing services along with  the  Call
    Report   Fee   assessed   under  paragraph  (a)  of  this
    subsection (3).
         (a-3)  After  May  31,  1997,  the  reasonable   and
    necessary expenses of the Commissioner during examination
    of the performance of electronic data processing services
    under  subsection  (2.5)  at  or on behalf of branches of
    out-of-state banks shall be  borne  by  the  out-of-state
    banks,  unless  those  expenses  are  borne  by the state
    regulatory authorities that  chartered  the  out-of-state
    banks,  as  determined  by cooperative agreements between
    the Commissioner and  the  state  regulatory  authorities
    that chartered the out-of-state banks.
         (b)  "Fiscal  year"  for purposes of this Section 48
    is defined as a period beginning July 1 of any  year  and
    ending  June  30 of the next year. The Commissioner shall
    receive for each fiscal year, commencing with the  fiscal
    year  ending June 30, 1987, a contingent fee equal to the
    lesser of the aggregate of the fees  paid  by  all  State
    banks  under  paragraph  (a)  of  subsection (3) for that
    year, or the amount, if any, whereby the aggregate of the
    administration expenses, as defined in paragraph (c), for
    that fiscal year exceeds the sum of the aggregate of  the
    fees  payable  by  all  State  banks  for that year under
    paragraph (a) of subsection (3), plus all  other  amounts
    collected  by  the  Commissioner  for that year under any
    other provision of this Act, plus the  aggregate  of  all
    fees  collected  for  that year by the Commissioner under
    the Corporate Fiduciary Act, excluding  the  receivership
    fees  provided  for  in  Section  5-10  of  the Corporate
    Fiduciary Act, and the Foreign Banking  Office  Act.  The
    aggregate  amount  of  the contingent fee thus arrived at
    for  any  fiscal  year  shall  be  apportioned   amongst,
    assessed  upon,  and  paid by the State banks and foreign
    banking   corporations,   respectively,   in   the   same
    proportion that the fee of each under  paragraph  (a)  of
    subsection  (3), respectively, for that year bears to the
    aggregate for that  year  of  the  fees  collected  under
    paragraph  (a) of subsection (3). The aggregate amount of
    the  contingent  fee,  and  the  portion  thereof  to  be
    assessed  upon  each  State  bank  and  foreign   banking
    corporation,  respectively,  shall  be  determined by the
    Commissioner and shall be  paid  by  each,  respectively,
    within  120 days of the close of the period for which the
    contingent fee  is  computed  and  is  payable,  and  the
    Commissioner  shall  give  20  days advance notice of the
    amount of the contingent fee payable by  the  State  bank
    and  of the date fixed by the Commissioner for payment of
    the fee.
         (c)  The "administration expenses"  for  any  fiscal
    year  shall mean the ordinary and contingent expenses for
    that year incident to making  the  examinations  provided
    for  by,  and  for otherwise administering, this Act, the
    Corporate Fiduciary Act, excluding the expenses paid from
    the Corporate Fiduciary Receivership account in the  Bank
    and  Trust  Company Fund, the Foreign Banking Office Act,
    the Electronic Fund Transfer Act, and the  Illinois  Bank
    Examiners'   Education   Foundation  Act,  including  all
    salaries  and  other  compensation  paid   for   personal
    services  rendered for the State by officers or employees
    of the State, including the Commissioner and  the  Deputy
    Commissioners,   all   expenditures   for  telephone  and
    telegraph charges, postage  and  postal  charges,  office
    stationery,  supplies  and services, and office furniture
    and equipment,  including  typewriters  and  copying  and
    duplicating  machines  and  filing equipment, surety bond
    premiums, and  travel  expenses  of  those  officers  and
    employees,  employees,  expenditures  or  charges for the
    acquisition, enlargement or improvement of,  or  for  the
    use  of,  any  office  space,  building, or structure, or
    expenditures  for  the   maintenance   thereof   or   for
    furnishing  heat,  light,  or power with respect thereto,
    all to the extent that those  expenditures  are  directly
    incidental  to  such examinations or administration.  The
    Commissioner shall not be required by paragraphs  (c)  or
    (d-1)  of  this  subsection (3) to maintain in any fiscal
    year's budget appropriated reserves for accrued  vacation
    and  accrued  sick  leave  that is required to be paid to
    employees of the Commissioner upon termination  of  their
    service  with  the Commissioner in an amount that is more
    than is reasonably anticipated to be  necessary  for  any
    anticipated  turnover in employees, whether due to normal
    attrition   or   due   to   layoffs,   terminations,   or
    resignations.
         (d)  The aggregate of  all  fees  collected  by  the
    Commissioner under this Act, the Corporate Fiduciary Act,
    or  the  Foreign  Banking Office Act on and after July 1,
    1979, shall be paid promptly after receipt of  the  same,
    accompanied  by  a  detailed  statement thereof, into the
    State treasury and shall be set apart in a  special  fund
    to  be known as the "Bank and Trust Company Fund", except
    as provided in paragraph (c) of subsection (11)  of  this
    Section.  The amount from time to time deposited into the
    Bank and Trust Company Fund shall be used to  offset  the
    ordinary  administrative  expenses of the Commissioner of
    Banks and Real Estate as defined in this Section. Nothing
    in this amendatory Act of 1979 shall  prevent  continuing
    the  practice  of  paying  expenses  involving  salaries,
    retirement,  social  security,  and  State-paid insurance
    premiums of State officers  by  appropriations  from  the
    General  Revenue Fund.  However, the General Revenue Fund
    shall be reimbursed for those payments made on and  after
    July  1,  1979,  by  an annual transfer of funds from the
    Bank and Trust Company Fund.
         (d-1)  Adequate funds shall be available in the Bank
    and Trust Company Fund to permit the  timely  payment  of
    administration  expenses.   In each fiscal year the total
    administration expenses shall be deducted from the  total
    fees  collected  by  the  Commissioner  and the remainder
    transferred into the Cash Flow  Reserve  Account,  unless
    the balance of the Cash Flow Reserve Account prior to the
    transfer  equals  or  exceeds  one-fourth  of  the  total
    initial  appropriations  from  the Bank and Trust Company
    Fund for the subsequent year, in which case the remainder
    shall be credited to  State  banks  and  foreign  banking
    corporations  and  applied  against  their  fees  for the
    subsequent year.  The amount credited to each State  bank
    and  foreign  banking  corporation  shall  be in the same
    proportion as the Call Report Fees paid by each  for  the
    year bear to the total Call Report Fees collected for the
    year.   If,  after  a  transfer  to the Cash Flow Reserve
    Account is made or  if  no  remainder  is  available  for
    transfer, the balance of the Cash Flow Reserve Account is
    less  than one-fourth of the total initial appropriations
    for the subsequent year and  the  amount  transferred  is
    less  than 5% of the total Call Report Fees for the year,
    additional amounts needed to make the transfer  equal  to
    5%  of  the  total Call Report Fees for the year shall be
    apportioned amongst, assessed upon, and paid by the State
    banks  and  foreign  banking  corporations  in  the  same
    proportion  that  the   Call   Report   Fees   of   each,
    respectively,  for the year bear to the total Call Report
    Fees collected for  the  year.   The  additional  amounts
    assessed  shall be transferred into the Cash Flow Reserve
    Account.  For  purposes  of  this  paragraph  (d-1),  the
    calculation  of  the  fees  collected by the Commissioner
    shall exclude  the  receivership  fees  provided  for  in
    Section 5-10 of the Corporate Fiduciary Act.
         (e)  The  Commissioner  may  upon request certify to
    any public record in his keeping and shall have authority
    to levy a reasonable charge for issuing certifications of
    any public record in his keeping.
         (f)  In addition to  fees  authorized  elsewhere  in
    this  Act,  the  Commissioner  may,  in connection with a
    review, approval, or  provision  of  a  service,  levy  a
    reasonable  charge  to  recover  the  cost of the review,
    approval, or service.
    (4)  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 or any agency thereof, nor to limit in
any way the powers of  the  Commissioner  with  reference  to
examinations and reports of that bank.
    (5)  The  nature  and  condition  of  the  assets  in  or
investment  of any bonus, pension, or profit sharing plan for
officers or employees of every State bank or, after  May  31,
1997,  branch  of  an out-of-state bank shall be deemed to be
included in the affairs of that State bank or  branch  of  an
out-of-state  bank subject to examination by the Commissioner
under the provisions of subsection (2) of this  Section,  and
if  the  Commissioner shall find from an examination that the
condition of or operation of the investments or assets of the
plan is unlawful, fraudulent, or unsafe, or that any  trustee
has   abused  his  trust,  the  Commissioner  shall,  if  the
situation so found by the Commissioner shall not be corrected
to his satisfaction within 60 days after the Commissioner has
given notice to the board of directors of the State  bank  or
out-of-state  bank  of  his findings, report the facts to the
Attorney General who shall  thereupon  institute  proceedings
against  the  State  bank  or out-of-state bank, the board of
directors thereof, or the trustees under  such  plan  as  the
nature of the case may require.
    (6)  The Commissioner shall have the power:
         (a)  To  promulgate reasonable rules for the purpose
    of administering the provisions of this Act.
         (b)  To   issue   orders   for   the   purpose    of
    administering  the  provisions  of  this Act and any rule
    promulgated in accordance with this Act.
         (c)  To appoint hearing officers to execute  any  of
    the powers granted to the Commissioner under this Section
    for  the  purpose  of administering this Act and any rule
    promulgated in accordance with this Act.
         (d)  To  subpoena   witnesses,   to   compel   their
    attendance,  to administer an oath, to examine any person
    under oath, and to require the production of any relevant
    books, papers, accounts, and documents in the  course  of
    and pursuant to any investigation being conducted, or any
    action being taken, by the Commissioner in respect of any
    matter relating to the duties imposed upon, or the powers
    vested  in, the Commissioner under the provisions of this
    Act or any rule promulgated in accordance with this Act.
         (e)  To conduct hearings.
    (7)  Whenever, in the opinion of  the  Commissioner,  any
director,  officer,  employee,  or  agent of a State bank or,
after May 31, 1997, of any branch  of  an  out-of-state  bank
shall  have violated any law, rule, or order relating to that
bank or shall have engaged in an unsafe or  unsound  practice
in conducting the business of that bank, the Commissioner may
issue an order of removal. The order shall be served upon the
director,  officer,  employee,  or agent. A copy of the order
shall be sent to  each  director  of  the  bank  affected  by
registered  mail.  The  person  affected  by  the  action may
request a hearing before the State Banking  Board  within  10
days  after  receipt  of  the  order of removal.  The hearing
shall be held by the Board within 30 days after  the  request
has  been  received  by  the  Board.  The  Board shall make a
determination approving, modifying, or disapproving the order
of the Commissioner as its final administrative decision.  If
a  hearing  is  held  by  the Board, the Board shall make its
determination within 60  days  from  the  conclusion  of  the
hearing. Any person affected by a decision of the Board under
this  subsection  (7)  of Section 48 of this Act may have the
decision reviewed only  under  and  in  accordance  with  the
Administrative  Review  Law  and  the  rules adopted pursuant
thereto. A copy of the order shall also be  served  upon  the
bank  of which he is a director, officer, employee, or agent,
whereupon he shall cease to be a director, officer, employee,
or agent of that bank.  The order and the  findings  of  fact
upon  which it is based shall not be made public or disclosed
to anyone except the director, officer,  employee,  or  agent
involved  and  the  directors of the bank involved, otherwise
than in connection with proceedings for  a  violation  of  or
failure  to  comply  with  this Section. The Commissioner may
institute a civil action against the  director,  officer,  or
agent of the State bank or, after May 31, 1997, of the branch
of  the out-of-state bank against whom any order provided for
by this subsection (7) of this Section 48  has  been  issued,
and   against   the  State  bank  or,  after  May  31,  1997,
out-of-state bank, to enforce compliance with  or  to  enjoin
any  violation  of the terms of the order. Any person who has
been removed by an  order  of  the  Commissioner  under  this
subsection  or Section 5-6 of the Corporate Fiduciary Act may
not thereafter serve as director, officer, employee, or agent
of any State bank or of any branch of any out-of-state  bank,
or  of  any corporate fiduciary, as defined in Section 1-5.05
of the Corporate Fiduciary Act, unless the  Commissioner  has
granted prior approval in writing.
    (8)  The Commissioner may impose civil penalties of up to
$10,000   against  any  person  for  each  violation  of  any
provision of this Act, any  rule  promulgated  in  accordance
with  this  Act,  any order of the Commissioner, or any other
action which in the Commissioner's discretion is an unsafe or
unsound banking practice.
    (9)  The Commissioner may impose civil penalties of up to
$100 against any person for the first failure to comply  with
reporting requirements set forth in the report of examination
of  the  bank  and  up  to $200 for the second and subsequent
failures to comply with those reporting requirements.
    (10)  All   final   administrative   decisions   of   the
Commissioner hereunder shall be subject  to  judicial  review
pursuant  to the provisions of the Administrative Review Law.
For matters involving administrative review, venue  shall  be
in either Sangamon County or Cook County.
    (11)  The endowment fund for the Illinois Bank Examiners'
Education Foundation shall be administered as follows:
         (a)  (Blank).
         (b)  The   Foundation   is   empowered   to  receive
    voluntary contributions,  gifts,  grants,  bequests,  and
    donations  on  behalf  of  the  Illinois  Bank Examiners'
    Education  Foundation  from  national  banks  and   other
    persons  for  the purpose of funding the endowment of the
    Illinois Bank Examiners' Education Foundation.
         (c)  The aggregate of all special  educational  fees
    collected  by  the  Commissioner and property received by
    the  Commissioner  on  behalf  of   the   Illinois   Bank
    Examiners'  Education  Foundation  under  this subsection
    (11) on or after June  30,  1986,  shall  be  either  (i)
    promptly paid after receipt of the same, accompanied by a
    detailed  statement  thereof, into the State Treasury and
    shall be set apart in a special fund to be known as  "The
    Illinois  Bank  Examiners' Education Fund" to be invested
    by either the Treasurer of the State of Illinois  in  the
    Public  Treasurers'  Investment  Pool  or  in  any  other
    investment  he  is  authorized to make or by the Illinois
    State Board of Investment as the board of trustees of the
    Illinois Bank Examiners' Education Foundation may  direct
    or  (ii)  deposited  into  an  account  maintained  in  a
    commercial bank or corporate fiduciary in the name of the
    Illinois Bank Examiners' Education Foundation pursuant to
    the  order  and direction of the Board of Trustees of the
    Illinois Bank Examiners' Education Foundation.
    (12)  (Blank).
(Source: P.A. 88-45; 88-289;  88-481;  88-546;  88-670,  eff.
12-2-94;  89-208, eff. 9-29-95; 89-317, eff. 8-11-95; 89-508,
eff. 7-3-96;  89-567,  eff.  7-26-96;  89-626,  eff.  8-9-96;
revised 9-9-96.)

    Section 2-145.  The Illinois Savings and Loan Act of 1985
is amended by changing Section 1-6 as follows:

    (205 ILCS 105/1-6) (from Ch. 17, par. 3301-6)
    Sec.  1-6.   General  corporate  powers.   An association
operating under this  Act  shall  be  a  body  corporate  and
politic  and  shall have all of the specific powers conferred
by this Act and, in addition thereto, the  following  general
powers:
    (a)  To  sue  and  be  sued,  complain  and defend in its
corporate name, and to have a common seal, which it may alter
or renew at pleasure;
    (b)  To   obtain   and   maintain   insurance   of    the
association's    withdrawable   capital   by   an   insurance
corporation as defined in this Act;
    (c)  Notwithstanding anything to the  contrary  contained
in  this  Act,  to  become  a member of the Federal Home Loan
Bank, and to have all of the powers granted to a  savings  or
thrift  institution  organized  under  the laws of the United
States and which is located and doing business in  the  State
of Illinois, subject to regulations of the Commissioner;
    (d)  To  act as a fiscal agent for the United States, the
State of Illinois or any department, branch, arm or agency of
the State or any unit of local government or school  district
in  the  State  when duly designated for that purpose, and as
agent to perform the reasonable functions as may be  required
of it;
    (e)  To  become  a member of or deal with any corporation
or agency of the United States or the State of  Illinois,  to
the   extent   that  the  agency  assists  in  furthering  or
facilitating the association's purposes or powers and to that
end to purchase stock or securities thereof or deposit  money
therewith,  and  to  comply  with  any  other  conditions  of
membership or credit;
    (f)  To  make  donations  in  reasonable  amounts for the
public welfare or for charitable,  scientific,  religious  or
educational purposes;
    (g)  To  adopt  and  operate reasonable insurance, bonus,
profit  sharing,  and  retirement  plans  for  officers   and
employees;   likewise,   directors   who  are  not  officers,
including,  but  not  limited  to,  advisory,  honorary,  and
emeritus directors, may participate in those plans;
    (h)  To reject any application for membership, to  retire
withdrawable  capital  by  enforced retirement as provided in
this Act and the by-laws, and to limit  the  issuance  of  or
payments   on  withdrawable  capital,  subject,  however,  to
contractual obligations;
    (i)  To purchase stock in  service  corporations  and  to
invest in any form of indebtedness of any service corporation
as  defined  in  this  Act,  subject  to  regulations  of the
Commissioner;
    (j)  To purchase stock of a corporation  whose  principal
purpose  is  to  operate  a  safe  deposit  company or escrow
service company;
    (k)  To act as Trustee or  Custodian  under  the  Federal
Self-Employed  Individuals' Tax Retirement Act of 1962 or any
amendments thereto or any other retirement account and invest
any funds held in such capacity in a savings account  of  the
institution;
    (l)  (Blank);
    (m)  To  establish,  maintain  and  operate  terminals as
authorized by the Electronic Fund Transfer Act and by Section
5  of  the  Illinois   Banking   Act.    The   establishment,
maintenance,  operation  and location of such terminals shall
be subject to the approval of the Commissioner;
    (n)  Subject to  the  approval  and  regulations  of  the
Commissioner,  an  association  may purchase or assume all or
any part of the assets or liabilities of an eligible  insured
bank;
    (o)  To  purchase from a bank, as defined in Section 2 of
the Illinois Banking Act, an  insubstantial  portion  of  the
total  deposits  of an insured bank.  For the purpose of this
subparagraph, "insubstantial portion of the  total  deposits"
shall have the same meaning as provided in Section 5(d)(2)(D)
of the Federal Deposit Insurance Act;
    (p)  To effect an acquisition of or conversion to another
financial   institution   pursuant  to  Section  205  of  the
Financial Institutions Reform, Recovery and  Enforcement  Act
of 1989;
    (q)  To pledge its assets:
         (1)  to enable it to act as an agent for the sale of
    obligations of the United States;
         (2)  to secure deposits;
         (3)  to  secure  deposits of money whenever required
    by the National Bankruptcy Act;
         (4)  to qualify under Section 2-9 of  the  Corporate
    Fiduciary Act; and
         (5)  to  secure  trust  funds  commingled  with  the
    institution's funds, whether deposited by the institution
    or  an  affiliate  of  the institution, as required under
    Section 2-8 of the Corporate Fiduciary Act; and
    (r)  To provide temporary  periodic  service  to  persons
residing  in  a  bona  fide  nursing  home,  senior citizens'
retirement home, or long-term care facility; and
    (s)  To purchase for its own account shares of stock of a
bankers' bank, described in Section 13(b)(1) of the  Illinois
Banking  Act,  on the same terms and conditions as a bank may
purchase such shares.  In no event shall the total amount  of
such  stock  held  by  an  association  in such bankers' bank
exceed 10% of its capital and  surplus  (including  undivided
profits)  and  in  no event shall an association acquire more
than 5% of any class of voting securities  of  such  bankers'
bank; and.
    (t)  (s)  To effect a conversion to a State bank pursuant
to the provisions of the Illinois Banking Act.
(Source: P.A.  88-481;  89-74,  eff.  6-30-95;  89-310,  eff.
1-1-96;  89-317,  eff. 8-11-95; 89-355, eff. 8-17-95; 89-567,
eff. 7-26-96;  89-603,  eff.  8-2-96;  89-626,  eff.  8-9-96;
revised 9-13-96.)

    Section  2-150.   The  Savings  Bank  Act  is  amended by
changing Section 1008 as follows:

    (205 ILCS 205/1008) (from Ch. 17, par. 7301-8)
    Sec. 1008. General corporate powers.
    (a)  A savings bank operating under this Act shall  be  a
body corporate and politic and shall have all of the specific
powers  conferred  by  this  Act and in addition thereto, the
following general powers:
         (1)  To sue and be sued, complain, and defend in its
    corporate name and to have a common seal,  which  it  may
    alter or renew at pleasure.
         (2)  To  obtain  and maintain insurance by a deposit
    insurance corporation as defined in this Act.
         (3)  To act as a fiscal agent for the United States,
    the State of Illinois or any department, branch, arm,  or
    agency  of  the  State or any unit of local government or
    school district in the State, when  duly  designated  for
    that   purpose,   and  as  agent  to  perform  reasonable
    functions as may be required of it.
         (4)  To  become  a  member  of  or  deal  with   any
    corporation  or  agency of the United States or the State
    of Illinois, to the extent that  the  agency  assists  in
    furthering  or facilitating its purposes or powers and to
    that end to  purchase  stock  or  securities  thereof  or
    deposit  money  therewith,  and  to comply with any other
    conditions of membership or credit.
         (5)  To make donations in reasonable amounts for the
    public welfare or for charitable, scientific,  religious,
    or educational purposes.
         (6)  To  adopt  and  operate  reasonable  insurance,
    bonus,  profit sharing, and retirement plans for officers
    and  employees  and  for  directors  including,  but  not
    limited to, advisory, honorary, and  emeritus  directors,
    who are not officers or employees.



         (7)  To  reject  any  application for membership; to
    retire  deposit  accounts  by  enforced   retirement   as
    provided  in  this  Act  and the bylaws; and to limit the
    issuance of, or payments on, deposit  accounts,  subject,
    however, to contractual obligations.
         (8)  To  purchase  stock in service corporations and
    to invest in any form  of  indebtedness  of  any  service
    corporation   as   defined   in   this  Act,  subject  to
    regulations of the Commissioner.
         (9)  To  purchase  stock  of  a  corporation   whose
    principal purpose is to operate a safe deposit company or
    escrow service company.
         (10)  To   exercise  all  the  powers  necessary  to
    qualify as a trustee or custodian under federal or  State
    law,  provided  that  the authority to accept and execute
    trusts is subject to  the  provisions  of  the  Corporate
    Fiduciary  Act and to the supervision of those activities
    by the Commissioner of Banks and Real Estate.
         (11)  (Blank).
         (12)  To establish, maintain, and operate  terminals
    as  authorized  by the Electronic Fund Transfer Act.  The
    establishment, maintenance, operation,  and  location  of
    those  terminals  shall be subject to the approval of the
    Commissioner.
         (13)  Pledge its assets:
              (A)  to enable it to act as agent for the  sale
         of obligations of the United States;
              (B)  to secure deposits;
              (C)  to   secure  deposits  of  money  whenever
         required by the National Bankruptcy Act;
              (D)  to  qualify  under  Section  2-9  of   the
         Corporate Fiduciary Act; and
              (E)  to  secure trust funds commingled with the
         savings  bank's  funds,  whether  deposited  by  the
         savings bank or an affiliate of the savings bank, as
         required  under  Section  2-8   of   the   Corporate
         Fiduciary Act.
         (14)  To  accept for payment at a future date not to
    exceed one year from the date of acceptance, drafts drawn
    upon it by  its  customers;  and  to  issue,  advise,  or
    confirm  letters of credit authorizing holders thereof to
    draw drafts upon it or its correspondents.
         (15)  Subject   to   the    regulations    of    the
    Commissioner, to own and lease personal property acquired
    by  the  savings  bank  at  the  request of a prospective
    lessee and, upon the agreement of that person,  to  lease
    the personal property.
         (16)  To  establish  temporary service booths at any
    International Fair in this State that is approved by  the
    United  States Department of Commerce for the duration of
    the international fair for the  purpose  of  providing  a
    convenient  place for foreign trade customers to exchange
    their  home  countries'  currency  into   United   States
    currency  or the converse.  To provide temporary periodic
    service to persons residing in a bona fide nursing  home,
    senior  citizens'  retirement  home,  or  long-term  care
    facility.    These  powers  shall  not  be  construed  as
    establishing a new place or change of  location  for  the
    savings bank providing the service booth.
         (17)  To    indemnify   its   officers,   directors,
    employees, and agents,  as  authorized  for  corporations
    under  Section  8.75  of the Business Corporations Act of
    1983.
         (18)  To provide data processing services to  others
    on a for-profit basis.
         (19)  To   utilize   any  electronic  technology  to
    provide customers with home banking services.
         (20)  Subject   to   the    regulations    of    the
    Commissioner,  to  enter  into  an  agreement to act as a
    surety.
         (21)  Subject   to   the    regulations    of    the
    Commissioner,   to  issue  credit  cards,  extend  credit
    therewith, and otherwise  engage  in  or  participate  in
    credit card operations.
         (22)  To  purchase  for  its  own  account shares of
    stock of a bankers' bank, described in  Section  13(b)(1)
    of  the  Illinois  Banking  Act,  on  the  same terms and
    conditions as a bank may purchase  such  shares.   In  no
    event  shall  the  total  amount  of such stock held by a
    savings bank an association in such bankers' bank  exceed
    10%  of  its  capital  and  surplus  (including undivided
    profits)  and  in  no  event  shall  a  savings  bank  an
    association acquire more than 5% of any class  of  voting
    securities of such bankers' bank.
    (b)  If  this  Act  fails to provide specific guidance in
matters  of  corporate  governance,  the  provisions  of  the
Business Corporation Act of 1983 may be used.
(Source: P.A. 88-112; 88-481; 88-670,  eff.  12-2-94;  89-74,
eff.  6-30-95;  89-310,  eff.  1-1-96;  89-317, eff. 8-11-95;
89-355, eff.  8-17-95;  89-508,  eff.  7-3-96;  89-603,  eff.
8-2-96; 89-626, eff. 8-9-96; revised 9-9-96.)

    Section 2-155.  The Corporate Fiduciary Act is amended by
changing Section 3-3 as follows:

    (205 ILCS 620/3-3) (from Ch. 17, par. 1553-3)
    Sec. 3-3.  Successor trustee.
    (a)  If  any  corporate fiduciary merges into, or becomes
consolidated with, another corporate fiduciary  qualified  to
administer  trusts  or  is succeeded in its trust business by
any corporate fiduciary by purchase or  otherwise;  or  if  a
bank  holding  company  causes  a  subsidiary,  qualified  to
administer  trusts,  to  succeed  to part or all of the trust
business of any other subsidiary of  the  same  bank  holding
company,  the  surviving,  consolidated,  successor corporate
fiduciary or subsidiary shall become successor  fiduciary  in
place   of   such  predecessor  corporate  fiduciary,  unless
expressly  prohibited  by  the  provisions   of   the   trust
instrument, with all the rights, powers and duties which were
granted   to   or   imposed  on  such  predecessor  corporate
fiduciary.
    (b)  (Blank).
    (c)  Notwithstanding  any  other  provision  of  law,   a
corporate  fiduciary  may  delegate  to any of its affiliates
qualified to administer trusts, any or all fiduciary  duties,
actions  or  decisions,  discretionary  or otherwise, and the
delegating corporate  fiduciary  shall  not  be  required  to
review  any  delegated  actions  or  decisions  taken  by the
affiliate.  The term "affiliate" means any  state  bank,  any
national  bank,  any trust company, or any other corporation,
which that is qualified to act as a fiduciary in this or  any
other  state,  and  which  that  is  a  member  of  the  same
affiliated  group  (within the meaning of Section 1504 of the
Internal Revenue Code of 1986, as amended).
(Source: P.A. 89-205,  eff.  1-1-96;  89-364,  eff.  8-18-95;
89-567, eff. 7-26-96; 89-686, eff. 6-1-97; revised 1-15-97.)

    Section  2-160.  The Promissory Note and Bank Holiday Act
is amended by changing Section 17 as follows:

    (205 ILCS 630/17) (from Ch. 17, par. 2201)
    Sec. 17. Holidays.
    (a)  The following days shall be legal  holidays  in  the
State  of  Illinois  upon  which  day  a bank may, but is not
required to, remain closed:
    the first day of January (New Year's Day);
    the third Monday in January (observance of Martin  Luther
King, Jr.'s birthday);
    the twelfth day in February (Abraham Lincoln's birthday);
    the third Monday in February (Presidents Day);
    the   first   Monday  in  March  (observance  of  Casimir
Pulaski's birthday);
    the Friday preceding Easter Sunday (Good Friday);
    the last Monday of May (Memorial Day);
    the fourth day of July (Independence Day);
    the first Monday in September (Labor Day);
    the second Monday in October (Columbus Day);
    the eleventh day of November (Veterans' Day);
    the fourth Thursday in November (Thanksgiving Day);
    the twenty-fifth day in December (Christmas Day);
    the days upon which the general elections for members  of
the House of Representatives are held, and any day proclaimed
by  the  Governor  of this State as a legal holiday.  From 12
o'clock noon to 12 o'clock midnight of each Saturday shall be
considered a half holiday.  In addition to such holidays  and
half-holidays,  a  bank  may  select  one  day of the week to
remain closed, as provided in subsection (b) of this Section.
    (b)  Any bank doing business within this State may select
any one day of the week to remain closed on a  regular  basis
upon  adoption  of  a resolution by the board of directors of
such bank designating the day selected and  upon  filing  and
publishing a copy of such resolution as hereinafter required.
Any such resolution shall be deemed effective for the purpose
of  this  Section  only  when a copy thereof, certified by an
officer having charge of the records of such bank,  is  filed
with the Recorder of the county in which such bank is located
and  published  once  each  week  for 3 successive weeks in a
newspaper  of  general  circulation  in  such  county.   Such
publication shall be accomplished by, and at the expense  of,
the  bank,  and  the bank shall submit to the Commissioner of
Banks and Real Estate such evidence of the publication as the
Commissioner shall  deem  appropriate.   Any  such  selection
shall  remain  in  full  force and effect until a copy of the
later resolution of the board  of  directors  of  such  bank,
certified  in  like  manner, terminating or altering any such
prior selection shall be filed  and  published  in  the  same
manner as such prior resolution.
    (c)  If  an  occasion  arises when a state bank wishes to
remain closed on a particular day, other than a day on  which
the  bank has selected to remain closed on a regular basis as
provided in this Section, such state bank may  remain  closed
on such an occasion after first sending to the Commissioner a
copy  of  a  resolution  adopted  by  the  board of directors
authorizing the bank to remain closed on  such  occasion  and
notice  of the intent to remain closed on such occasion shall
be conspicuously posted in the  lobby  of  the  main  banking
office  and any branches of such bank for at least 3 weeks in
advance of such occasion.   Any  day  which  any  bank  doing
business  within  the  State  shall  select  to remain closed
pursuant to this Section shall, with respect to such bank, be
treated and considered as a Sunday.
    (d)  All legal holidays, the half holidays  and  any  day
selected  by a bank doing business within the State to remain
closed, shall, for all purposes whatsoever,  as  regards  the
presenting  for  payment  or  acceptance,  the  maturity  and
protesting  and  giving of notice of the dishonor of bills of
exchange,  bank  checks  and  promissory  notes   and   other
negotiable  or commercial paper or instrument, be treated and
considered as a  Sunday.  When  any  such  holidays  fall  on
Sunday,   the   Monday  next  following  shall  be  held  and
considered such holiday. All notes, bills, drafts, checks  or
other  evidence  of  indebtedness, falling due or maturing on
either of such days, shall be deemed as due or maturing  upon
the  day  following,  and  when  2 or more of these days come
together, or immediately succeeding  each  other,  then  such
instruments,  paper or indebtedness shall be deemed as due or
having matured on the day following the last of such days.
    (e)  Any act authorized,  required  or  permitted  to  be
performed at or by or with respect to any bank doing business
within  the  State  on  a day which it has selected to remain
closed under this Section may be so  performed  on  the  next
succeeding business day and no liability or loss of rights of
any kind shall result from such delay.
    (f)  Nothing  in  this Act shall in any manner affect the
validity  of,  or  render  void  or  voidable,  the  payment,
certification, or acceptance of a check or  other  negotiable
instrument, or any other transaction by a bank in this State,
because  done  or performed on any Saturday, Sunday, holiday,
or any day selected by a bank to remain closed, or during any
time other than regular banking hours; but no  bank  in  this
State,  which  by law or custom is entitled to remain open or
to close for the whole or any part of any day selected by  it
to  remain  open  or  to  close, is compelled to close, or to
remain open for the transaction of business or to perform any
of the acts or  transactions  aforesaid  except  at  its  own
option.
(Source:  P.A.  89-508,  eff.  7-3-96;  89-567, eff. 7-26-96;
revised 9-10-96.)

    Section 2-165.  The Nursing Home Care Act is  amended  by
changing Section 1-113 as follows:

    (210 ILCS 45/1-113) (from Ch. 111 1/2, par. 4151-113)
    Sec.  1-113.   "Facility"  or  "long-term  care facility"
means a private home, institution,  building,  residence,  or
any  other  place,  whether  operated for profit or not, or a
county home for  the  infirm  and  chronically  ill  operated
pursuant  to  Division  5-21 or 5-22 of the Counties Code, or
any similar institution operated by a  political  subdivision
of  the  State  of  Illinois,  which  provides,  through  its
ownership  or  management,  personal  care, sheltered care or
nursing for 3 or more persons, not related to  the  applicant
or  owner  by blood or marriage.  It includes skilled nursing
facilities and intermediate care facilities  as  those  terms
are  defined  in  Title  XVIII  and  Title XIX of the Federal
Social Security Act.
    "Facility" does not include the following:
    (1)  A home, institution, or other place operated by  the
federal  government  or  agency  thereof,  or by the State of
Illinois;
    (2)  A hospital, sanitarium, or other  institution  whose
principal  activity  or  business is the diagnosis, care, and
treatment  of  human  illness  through  the  maintenance  and
operation as organized facilities therefor, which is required
to be licensed under the Hospital Licensing Act;
    (3)  Any "facility for child  care"  as  defined  in  the
Child Care Act of 1969;
    (4)  Any  "Community  Living  Facility" as defined in the
Community Living Facilities Licensing Act;
    (5)  Any "community residential alternative"  as  defined
in the Community Residential Alternatives Licensing Act;
    (6)  Any  nursing  home  or sanatorium operated solely by
and for  persons  who  rely  exclusively  upon  treatment  by
spiritual  means through prayer, in accordance with the creed
or  tenets  of  any  well-recognized  church   or   religious
denomination.  However, such nursing home or sanatorium shall
comply with all local laws and rules relating  to  sanitation
and safety;
    (7)  Any  facility  licensed  by  the Department of Human
Services as  a  community-integrated  living  arrangement  as
defined   in  the  Community-Integrated  Living  Arrangements
Licensure and Certification Act;
    (8)  Any  "Supportive  Residence"  licensed   under   the
Supportive Residences Licensing Act; or
    (9)  Any  "supportive  living  facility" in good standing
with the  demonstration  project  established  under  Section
5-5.01a of the Illinois Public Aid Code.
(Source:  P.A.  89-499,  eff.  6-28-96;  89-507, eff. 7-1-97;
revised 8-26-96.)

    Section 2-170.  The Illinois Insurance Code is amended by
changing and renumbering multiple versions of Section 356r as
follows:

    (215 ILCS 5/356r)
    Sec. 356r.  Woman's principal health care provider.
    (a)  An individual or group policy of accident and health
insurance or a managed care plan amended, delivered,  issued,
or  renewed  in  this  State  after  November  14,  1996  the
effective  date  of  this Section that requires an insured or
enrollee to designate an individual to coordinate care or  to
control  access  to  health care services shall also permit a
female insured  or  enrollee  to  designate  a  participating
woman's principal health care provider.
    (b)  If  a  female  insured  or enrollee has designated a
woman's principal health care provider, then the  insured  or
enrollee must be given direct access to the woman's principal
health  care  provider  for services covered by the policy or
plan without the need  for  a  referral  or  prior  approval.
Nothing  shall prohibit the insurer or managed care plan from
requiring prior  authorization  or  approval  from  either  a
primary  care  provider  or the woman's principal health care
provider for referrals for additional care or services.
    (c)  For the purposes of this Section the following terms
are defined:
         (1)  "Woman's principal health care provider"  means
    a  physician  licensed to practice medicine in all of its
    branches specializing in obstetrics or gynecology.
         (2)  "Managed  care   entity"   means   any   entity
    including  a  licensed  insurance  company,  hospital  or
    medical  service  plan,  health maintenance organization,
    limited health service organization,  preferred  provider
    organization,  third  party administrator, an employer or
    employee organization,  or  any  person  or  entity  that
    establishes,   operates,   or   maintains  a  network  of
    participating providers.
         (3)  "Managed care plan" means a plan operated by  a
    managed  care  entity  that provides for the financing of
    health care services to  persons  enrolled  in  the  plan
    through:
              (A)  organizational  arrangements  for  ongoing
         quality  assurance,  utilization review programs, or
         dispute resolution; or
              (B)  financial incentives for persons  enrolled
         in  the  plan to use the participating providers and
         procedures covered by the plan.
         (4)  "Participating provider" means a physician  who
    has  contracted  with  an insurer or managed care plan to
    provide services to insureds or enrollees as  defined  by
    the contract.
    (d)  The  original  provisions of this Section became law
on July 17, 1996 and took  take  effect  November  14,  1996,
which is 120 days after becoming law.
(Source: P.A. 89-514; revised 1-2-97.)

    (215 ILCS 5/356s)
    Sec. 356s. 356r. Post-parturition care.  An individual or
group  policy  of accident and health insurance that provides
maternity coverage and  is  amended,  delivered,  issued,  or
renewed  after  the  effective date of this amendatory Act of
1996 shall provide coverage for the following:
         (1)  a  minimum  of  48  hours  of  inpatient   care
    following  a  vaginal  delivery  for  the  mother and the
    newborn, except as otherwise provided in this Section; or
         (2)  a  minimum  of  96  hours  of  inpatient   care
    following  a delivery by caesarian section for the mother
    and  newborn,  except  as  otherwise  provided  in   this
    Section.
    A  shorter length of hospital inpatient stay for services
related to maternity and newborn care may be provided if  the
attending  physician  licensed to practice medicine in all of
its branches determines, in accordance with the protocols and
guidelines developed by the American College of Obstetricians
and Gynecologists or the American Academy of Pediatrics, that
the mother and the newborn meet  the  appropriate  guidelines
for  that  length of stay based upon evaluation of the mother
and  newborn  and  the  coverage  and   availability   of   a
post-discharge  physician office visit or in-home nurse visit
to verify the condition of the infant in the first  48  hours
after discharge.
(Source: P.A. 89-513, eff. 9-15-96; revised 7-24-96.)

    Section  2-175.  The Child Care Act of 1969 is amended by
changing Section 7 as follows:

    (225 ILCS 10/7) (from Ch. 23, par. 2217)
    Sec. 7.  (a) The Department must  prescribe  and  publish
minimum  standards  for  licensing  that apply to the various
types of facilities for child care defined in  this  Act  and
that  are  equally  applicable to like institutions under the
control of the Department and to foster family homes used  by
and  under  the  direct  supervision  of the Department.  The
Department shall seek the advice and  assistance  of  persons
representative  of the various types of child care facilities
in establishing such standards.  The standards prescribed and
published under this Act  take  effect  as  provided  in  the
Illinois  Administrative Procedure Act, and are restricted to
regulations pertaining to:
         (1)  The operation and conduct of the  facility  and
    responsibility it assumes for child care;
         (2)  The  character,  suitability and qualifications
    of the applicant and other persons  directly  responsible
    for  the  care and welfare of children served.  All child
    day care center licensees and employees who are  required
    to  report  child  abuse  or neglect under the Abused and
    Neglected Child Reporting Act shall be required to attend
    training on  recognizing  child  abuse  and  neglect,  as
    prescribed by Department rules;
         (3)  The general financial ability and competence of
    the  applicant to provide necessary care for children and
    to maintain prescribed standards;
         (4)  The number of individuals or staff required  to
    insure  adequate  supervision  and  care  of the children
    received.  The standards shall provide  that  each  child
    care  institution,  maternity  center,  day  care center,
    group home, day care home, and group day care home  shall
    have  on  its  premises  during its hours of operation at
    least one staff member certified in  first  aid,  in  the
    Heimlich maneuver and in cardiopulmonary resuscitation by
    the  American Red Cross or other organization approved by
    rule of the Department.  Child welfare agencies shall not
    be  subject  to  such  a   staffing   requirement.    The
    Department  may  offer, or arrange for the offering, on a
    periodic  basis  in  each  community  in  this  State  in
    cooperation with the American  Red  Cross,  the  American
    Heart  Association  or  other  appropriate  organization,
    voluntary  programs  to  train operators of foster family
    homes and day care homes in first aid and cardiopulmonary
    resuscitation;
         (5)  The appropriateness,  safety,  cleanliness  and
    general  adequacy  of the premises, including maintenance
    of  adequate  fire  prevention   and   health   standards
    conforming  to  State laws and municipal codes to provide
    for the physical comfort, care and well-being of children
    received;
         (6)  Provisions  for  food,  clothing,   educational
    opportunities, program, equipment and individual supplies
    to  assure  the  healthy  physical,  mental and spiritual
    development of children served;
         (7)  Provisions to safeguard  the  legal  rights  of
    children served;
         (8)  Maintenance   of   records  pertaining  to  the
    admission, progress, health and  discharge  of  children,
    including,  for  day  care  centers  and  day care homes,
    records indicating  each  child  has  been  immunized  as
    required  by  State  regulations.   The  Department shall
    require proof that children enrolled in a  facility  have
    been immunized against Haemophilus Influenzae B (HIB);
         (9)  Filing of reports with the Department;
         (10)  Discipline of children;
         (11)  Protection  and  fostering  of  the particular
    religious faith of the children served;
         (12)  Provisions prohibiting firearms  on  day  care
    center   premises  except  in  the  possession  of  peace
    officers;
         (13)  Provisions prohibiting handguns  on  day  care
    home  premises except in the possession of peace officers
    or other adults who must possess a handgun as a condition
    of employment and who reside on the  premises  of  a  day
    care home;
         (14)  Provisions    requiring   that   any   firearm
    permitted on day care home premises, except  handguns  in
    the  possession  of  peace  officers,  shall be kept in a
    disassembled  state,  without   ammunition,   in   locked
    storage,  inaccessible  to  children  and that ammunition
    permitted on day care home  premises  shall  be  kept  in
    locked   storage   separate  from  that  of  disassembled
    firearms, inaccessible to children;
         (15)  Provisions requiring notification  of  parents
    or guardians enrolling children at a day care home of the
    presence  in  the  day  care  home  of  any  firearms and
    ammunition and of  the  arrangements  for  the  separate,
    locked storage of such firearms and ammunition.
    (b)  If,  in a facility for general child care, there are
children diagnosed as  mentally  ill,  mentally  retarded  or
physically  handicapped,  who are determined to be in need of
special mental treatment or of nursing care, or  both  mental
treatment  and  nursing  care,  the Department shall seek the
advice  and  recommendation  of  the  Department   of   Human
Services,   the   Department   of   Public  Health,  or  both
Departments regarding the residential treatment  and  nursing
care provided by the institution.
    (c)  The Department shall investigate any person applying
to  be licensed as a foster parent to determine whether there
is any evidence of current  drug  or  alcohol  abuse  in  the
prospective  foster family.  The Department shall not license
a person as a foster parent if drug or alcohol abuse has been
identified in the foster family or if a reasonable  suspicion
of  such abuse exists, except that the Department may grant a
foster parent license to  an  applicant  identified  with  an
alcohol  or  drug  problem  if the applicant has successfully
participated  in  an  alcohol  or  drug  treatment   program,
self-help group, or other suitable activities.
    (d)  The Department, in applying standards prescribed and
published,  as  herein  provided,  shall  offer  consultation
through  employed  staff or other qualified persons to assist
applicants and licensees in meeting and  maintaining  minimum
requirements  for  a  license  and  to help them otherwise to
achieve  programs  of  excellence  related  to  the  care  of
children served. Such consultation  shall  include  providing
information   concerning  education  and  training  in  early
childhood development to providers of day care home services.
The Department may provide or arrange for such education  and
training for those providers who request such assistance.
    (e)  The  Department shall distribute copies of licensing
standards to all licensees  and  applicants  for  a  license.
Each  licensee  or holder of a permit shall distribute copies
of  the  appropriate  licensing  standards  and   any   other
information   required   by  the  Department  to  child  care
facilities under its supervision.  Each licensee or holder of
a permit shall  maintain  appropriate  documentation  of  the
distribution  of  the standards.  Such documentation shall be
part of the records of the facility and subject to inspection
by authorized representatives of the Department.
    (f)  The Department shall prepare summaries of  day  care
licensing standards.  Each licensee or holder of a permit for
a   day   care  facility  shall  distribute  a  copy  of  the
appropriate summary and any other information required by the
Department, to the legal guardian of each child cared for  in
that  facility  at  the  time  when  the child is enrolled or
initially placed in the facility. The licensee or holder of a
permit for a  day  care  facility  shall  secure  appropriate
documentation   of   the  distribution  of  the  summary  and
brochure. Such documentation shall be a part of  the  records
of  the  facility  and subject to inspection by an authorized
representative of the Department.
    (g)  The Department shall distribute to each licensee and
holder  of  a  permit  copies  of  the  licensing  or  permit
standards  applicable  to  such  person's   facility.    Each
licensee  or  holder  of  a  permit  shall  make available by
posting at all times in a common or otherwise accessible area
a complete and current set of licensing  standards  in  order
that  all  employees  of  the  facility may have unrestricted
access to such standards.   All  employees  of  the  facility
shall have reviewed the standards and any subsequent changes.
Each   licensee   or   holder  of  a  permit  shall  maintain
appropriate documentation of the current review of  licensing
standards  by  all  employees.  Such records shall be part of
the records of the facility  and  subject  to  inspection  by
authorized representatives of the Department.
    (h)  Any   standards   involving  physical  examinations,
immunization, or medical treatment shall include  appropriate
exemptions  for  children whose parents object thereto on the
grounds that they conflict with the tenets and practices of a
recognized church or religious  organization,  of  which  the
parent  is an adherent or member, and for children who should
not be subjected to immunization for clinical reasons.
(Source: P.A.  89-274,  eff.  1-1-96;  89-507,  eff.  7-1-97;
89-648, eff. 8-9-96; revised 9-12-96.)

    Section  2-180.   The Health Care Worker Background Check
Act is amended by changing Sections 15 and 65 as follows:

    (225 ILCS 46/15)
    Sec. 15.  Definitions.  For the purposes of this Act, the
following definitions apply:
    "Applicant" means an individual seeking employment with a
health care employer who has received a bona fide conditional
offer of employment.
    "Conditional offer of employment" means a bona fide offer
of employment by a health  care  employer  to  an  applicant,
which  is  contingent  upon  the receipt of a report from the
Department of State Police indicating that the applicant does
not have a record  of  conviction  of  any  of  the  criminal
offenses enumerated in Section 25.
    "Direct  care"  means  the  provision  of nursing care or
assistance with meals, dressing, movement, bathing, or  other
personal  needs  or  maintenance,  or general supervision and
oversight  of  the  physical  and  mental  well-being  of  an
individual who is incapable of managing  his  or  her  person
whether  or  not  a  guardian  has  been  appointed  for that
individual.
    "Health care employer" means:
    (1)  the owner or licensee of any of the following:
         (i)  a community living facility, as defined in  the
    Community Living Facilities Act;
         (ii)  a  life  care facility, as defined in the Life
    Care Facilities Act;
         (iii)  a long-term care facility, as defined in  the
    Nursing Home Care Act;
         (iv)  a  home  health agency, as defined in the Home
    Health Agency Licensing Act;
         (v)  a full  hospice,  as  defined  in  the  Hospice
    Program Licensing Act;
         (vi)  a   hospital,   as  defined  in  the  Hospital
    Licensing Act;
         (vii)  a  community  residential   alternative,   as
    defined   in   the   Community  Residential  Alternatives
    Licensing Act;
         (viii)  a nurse agency,  as  defined  in  the  Nurse
    Agency Licensing Act;
         (ix)  a  respite  care  provider,  as defined in the
    Respite Program Act;
    (2)  a day training program certified by  the  Department
of Human Services;  or
    (3)  a  community  integrated living arrangement operated
by  a  community  mental  health  and  developmental  service
agency,  as  defined  in  the   Community-Integrated   Living
Arrangements Licensing and Certification Act.
    "Initiate" means the obtaining of the authorization for a
record  check  from  a  student, applicant, or employee.  The
educational entity or health care employer  or  its  designee
shall  transmit  all  necessary  information  and fees to the
Illinois State Police within 10 working days after receipt of
the authorization.
(Source: P.A. 89-197,  eff.  7-21-95;  89-507,  eff.  7-1-97;
89-674, eff. 8-14-96; revised 9-12-96.)

    (225 ILCS 46/65)
    Sec.  65.   Health Care Worker Task Force.  A Health Care
Worker Task Force shall be appointed no later  than  July  1,
1996,  to study and make recommendations on statutory changes
to this Act.
    (a)  The Task Force  shall  monitor  the  status  of  the
implementation    of   this   Act   and   monitor   complaint
investigations relating to this  Act  by  the  Department  on
Aging,   Department   of   Public   Health,   Department   of
Professional Regulation, and the Department of Human Services
to  determine the criminal background, if any, of health care
workers  who  have  had  findings   of   abuse,   theft,   or
exploitation.
    (b)  The    Task   Force   shall   make   recommendations
concerning:
         (1)  additional  health  care  positions,  including
    licensed  individuals  and  volunteers,  that  should  be
    included in the Act;
         (2)  development     of     a     transition      to
    fingerprint-based  State  and  federal  criminal  records
    checks for all direct care applicants or employees;
         (3)  development  of  a system that is affordable to
    applicants;
         (4)  modifications   to   the   list   of   offenses
    enumerated in Section 25; and
         (5)  any other necessary or desirable changes to the
    Act.
    (c)  The Task Force shall issue an interim report to  the
Governor  and  General  Assembly  no  later than December 31,
1996.  The  final  report  shall  be  issued  no  later  than
September  30,  1997,  and  shall  include specific statutory
changes recommended, if any.
    (d)  The Task Force shall be comprised of  the  following
members who shall serve without pay:
         (1)  a  chairman  knowledgeable  about  health  care
    issues, who shall be appointed by the Governor;
         (2)  the Director of the Department of Public Health
    or his or her designee;
         (3)  the  Director of the Department of State Police
    or his or her designee;
         (3.5)  the Director of the Department of Public  Aid
    or his or her designee;
         (4)  2  representatives of health care providers who
    shall be appointed by the Governor;
         (5)  2 representatives of health care employees  who
    shall be appointed by the Governor;
         (6)  a  representative of the general public who has
    an interest in health care who shall be appointed by  the
    Governor; and
         (7)  4   members   of   the  General  Assembly,  one
    appointed by the Speaker of the House, one  appointed  by
    the House Minority Leader, one appointed by the President
    of  the  Senate, and one appointed by the Senate Minority
    Leader.
(Source: P.A. 89-197,  eff.  7-21-95;  89-507,  eff.  7-1-97;
89-674, eff. 8-14-96; revised 9-12-96.)

    Section 2-185.  The Liquor Control Act of 1934 is amended
by changing Section 6-15 as follows:

    (235 ILCS 5/6-15) (from Ch. 43, par. 130)
    Sec.   6-15.  No  alcoholic  liquors  shall  be  sold  or
delivered in any building belonging to or under  the  control
of  the  State or any political subdivision thereof except as
provided in this Act.  The corporate authorities of any city,
village,  incorporated  town  or  township  may  provide   by
ordinance,  however,  that  alcoholic  liquor  may be sold or
delivered in any specifically designated  building  belonging
to  or  under the control of the municipality or township, or
in any building located on land  under  the  control  of  the
municipality;  provided  that such township complies with all
applicable local ordinances in any incorporated area  of  the
township.  Alcoholic  liquors may be delivered to and sold at
any  airport  belonging  to  or  under  the  control   of   a
municipality  of  more  than  25,000  inhabitants,  or in any
building owned by a park district organized  under  the  Park
District Code, subject to the approval of the governing board
of  the  district,  or  in any building or on any golf course
owned by a  forest  preserve  district  organized  under  the
Downstate  Forest  Preserve  District  Act,  subject  to  the
approval  of  the  governing  board  of  the  district, or in
Bicentennial Park, or on the premises of the City of  Mendota
Lake  Park located adjacent to Route 51 in Mendota, Illinois,
or on the premises of Camden Park in Milan, Illinois,  or  in
the  community center owned by the City of Loves Park that is
located at 1000 River Park Drive in Loves Park, Illinois, or,
in connection with  the  operation  of  an  established  food
serving  facility  during  times  when  food is dispensed for
consumption on the premises, and at  the  following  aquarium
and  museums  located  in  public  parks:  Art  Institute  of
Chicago,  Chicago  Academy  of  Sciences,  Chicago Historical
Society, Field Museum of Natural History, Museum  of  Science
and  Industry,  DuSable  Museum  of African American History,
John G. Shedd Aquarium and Adler Planetarium, or at  Lakeview
Museum  of Arts and Sciences in Peoria, or in connection with
the operation of the facilities  of  the  Chicago  Zoological
Society or the Chicago Horticultural Society on land owned by
the  Forest  Preserve  District  of  Cook  County,  or in any
building located on land owned by the Chicago  Park  District
if  approved  by  the  Park District Commissioners, or on any
land used for a golf course or for recreational purposes  and
owned by the Illinois International Port District if approved
by  the  District's  governing board, or at any airport, golf
course, faculty center, or facility in which  conference  and
convention  type  activities take place belonging to or under
control of any State university or public  community  college
district,  provided  that  with  respect  to  a  facility for
conference and convention type activities  alcoholic  liquors
shall  be  limited to the use of the convention or conference
participants  or  participants  in  cultural,  political   or
educational  activities held in such facilities, and provided
further that the faculty or staff of the State university  or
a  public  community  college  district,  or  members  of  an
organization  of  students,  alumni,  faculty or staff of the
State university or a public community college  district  are
active  participants in the conference or convention, or by a
catering establishment which has  rented  facilities  from  a
board of trustees of a public community college district, or,
if  approved  by  the  District  board,  on land owned by the
Metropolitan Sanitary District of Greater Chicago and  leased
to  others  for a term of at least 20 years.  Nothing in this
Section precludes the sale or delivery of alcoholic liquor in
the form of original packaged goods in  premises  located  at
500  S.  Racine  in  Chicago  belonging  to the University of
Illinois  and  used  primarily  as  a  grocery  store  by   a
commercial  tenant  during  the term of a lease that predates
the  University's  acquisition  of  the  premises;  but   the
University  shall  have  no  power  or  authority  to  renew,
transfer, or extend the lease with terms allowing the sale of
alcoholic  liquor;  and the sale of alcoholic liquor shall be
subject to  all  local  laws  and  regulations.    After  the
acquisition  by  Winnebago  County of the property located at
404 Elm Street in Rockford,  a  commercial  tenant  who  sold
alcoholic liquor at retail on a portion of the property under
a  valid  license at the time of the acquisition may continue
to do so for so long as the tenant and the County  may  agree
under  existing  or  future leases, subject to all local laws
and regulations regarding the sale of alcoholic liquor.  Each
facility  shall  provide  dram  shop  liability  in   maximum
insurance  coverage  limits so as to save harmless the State,
municipality, State university, airport, golf course, faculty
center, facility in  which  conference  and  convention  type
activities   take   place,  park  district,  Forest  Preserve
District,  public  community  college   district,   aquarium,
museum,  or sanitary district from all financial loss, damage
or harm. Alcoholic liquors may be sold at retail in buildings
of golf courses owned by municipalities  in  connection  with
the  operation of an established food serving facility during
times  when  food  is  dispensed  for  consumption  upon  the
premises. Alcoholic liquors may be delivered to and  sold  at
retail  in  any  building owned by a fire protection district
organized under the Fire Protection  District  Act,  provided
that  such  delivery  and  sale  is  approved by the board of
trustees of the district,  and  provided  further  that  such
delivery  and  sale is limited to fundraising events and to a
maximum of 6 events per year.
    Alcoholic liquor may be delivered to and sold  at  retail
in the Dorchester Senior Business Center owned by the Village
of  Dolton  if the alcoholic liquor is sold or dispensed only
in connection with organized functions for which the  planned
attendance  is  20  or  more  persons,  and  if the person or
facility selling  or  dispensing  the  alcoholic  liquor  has
provided  dram  shop liability insurance in maximum limits so
as to hold harmless the Village of Dolton and the State  from
all financial loss, damage and harm.
    Alcoholic  liquors may be delivered to and sold at retail
in any building used as an Illinois State Armory provided:
         (i)  the Adjutant General's written consent  to  the
    issuance  of  a  license to sell alcoholic liquor in such
    building is filed with the Commission;
         (ii)  the alcoholic liquor is sold or dispensed only
    in connection with organized functions  held  on  special
    occasions;
         (iii)  the  organized  function is one for which the
    planned attendance is 25 or more persons; and
         (iv)  the  facility  selling   or   dispensing   the
    alcoholic   liquors  has  provided  dram  shop  liability
    insurance in maximum limits so as to  save  harmless  the
    facility and the State from all financial loss, damage or
    harm.
    Alcoholic  liquors may be delivered to and sold at retail
in the Chicago Civic Center, provided that:
         (i)  the written  consent  of  the  Public  Building
    Commission  which administers the Chicago Civic Center is
    filed with the Commission;
         (ii)  the alcoholic liquor is sold or dispensed only
    in connection with organized functions  held  on  special
    occasions;
         (iii)  the  organized  function is one for which the
    planned attendance is 25 or more persons;
         (iv)  the  facility  selling   or   dispensing   the
    alcoholic   liquors  has  provided  dram  shop  liability
    insurance in maximum limits so as to  hold  harmless  the
    Civic  Center, the City of Chicago and the State from all
    financial loss, damage or harm; and
         (v)  all applicable local  ordinances  are  complied
    with.
    Alcoholic  liquors  may  be  delivered  or  sold  in  any
building  belonging  to  or  under  the  control of any city,
village or incorporated town  where  more  than  75%  of  the
physical properties of the building is used for commercial or
recreational  purposes,  and  the  building is located upon a
pier extending into or over the waters of a navigable lake or
stream or on  the  shore  of  a  navigable  lake  or  stream.
Alcoholic  liquor  may be sold in buildings under the control
of the Department of Natural Resources when  written  consent
to the issuance of a license to sell alcoholic liquor in such
buildings  is  filed with the Commission by the Department of
Natural Resources. Notwithstanding  any  other  provision  of
this Act, alcoholic liquor sold by a United States Army Corps
of    Engineers    or   Department   of   Natural   Resources
concessionaire  who  was  operating  on  June  1,  1991   for
on-premises consumption only is not subject to the provisions
of  Articles  IV  and  IX.  Beer  and wine may be sold on the
premises of the Joliet Park District  Stadium  owned  by  the
Joliet  Park District when written consent to the issuance of
a license to sell beer and wine in  such  premises  is  filed
with  the  local  liquor  commissioner  by  the  Joliet  Park
District.  Beer  and  wine  may  be  sold in buildings on the
grounds of State veterans' homes when written consent to  the
issuance of a license to sell beer and wine in such buildings
is  filed  with the Commission by the Department of Veterans'
Affairs, and the facility shall provide dram  shop  liability
in  maximum  insurance  coverage  limits  so  as  to save the
facility harmless from all financial loss,  damage  or  harm.
Such  liquors  may  be  delivered to and sold at any property
owned  or  held  under  lease  by  a  Metropolitan  Pier  and
Exposition   Authority   or   Metropolitan   Exposition   and
Auditorium Authority.
    Beer and wine may be sold and dispensed  at  professional
sporting  events  and  at  professional  concerts  and  other
entertainment  events  conducted  on  premises  owned  by the
Forest Preserve District  of  Kane  County,  subject  to  the
control  of  the  District Commissioners and applicable local
law, provided that dram shop liability insurance is  provided
at  maximum  coverage  limits  so  as  to  hold  the District
harmless from all financial loss, damage and harm.
    Nothing in  this  Section  shall  preclude  the  sale  or
delivery  of  beer  and wine at a State or county fair or the
sale or delivery of beer or  wine  at  a  city  fair  in  any
otherwise lawful manner.
    Alcoholic  liquors  may be sold at retail in buildings in
State parks under the control of the  Department  of  Natural
Resources, provided:
         a.  the  State park has overnight lodging facilities
    with some restaurant facilities or, not having  overnight
    lodging facilities, has restaurant facilities which serve
    complete luncheon and dinner or supper meals,
         b.  consent  to  the  issuance  of a license to sell
    alcoholic liquors in the buildings has  been  filed  with
    the  commission  by  the Department of Natural Resources,
    and
         c.  the alcoholic liquors are sold by the State park
    lodge or restaurant concessionaire only during the  hours
    from   11   o'clock   a.m.  until  12  o'clock  midnight.
    Notwithstanding  any  other  provision   of   this   Act,
    alcoholic  liquor  sold  by  the State park or restaurant
    concessionaire  is  not  subject  to  the  provisions  of
    Articles IV and IX.
    Alcoholic liquors may be sold at retail in  buildings  on
properties  under  the  control  of the Historic Preservation
Agency provided:
         a.  the property has  overnight  lodging  facilities
    with  some restaurant facilities or, not having overnight
    lodging facilities, has restaurant facilities which serve
    complete luncheon and dinner or supper meals,
         b.  consent to the issuance of  a  license  to  sell
    alcoholic  liquors  in  the buildings has been filed with
    the commission by the Historic Preservation Agency, and
         c.  the alcoholic liquors are sold by the  lodge  or
    restaurant  concessionaire  only during the hours from 11
    o'clock a.m. until 12 o'clock midnight.
    The sale of alcoholic liquors pursuant  to  this  Section
does   not  authorize  the  establishment  and  operation  of
facilities commonly called taverns, saloons,  bars,  cocktail
lounges,  and  the  like  except  as  a  part  of  lodge  and
restaurant facilities in State parks or golf courses owned by
Forest  Preserve  Districts  with  a  population of less than
3,000,000 or municipalities or park districts.
    Alcoholic  liquors  may  be  sold  at   retail   in   the
Springfield  Administration  Building  of  the  Department of
Transportation and the Illinois State Armory in  Springfield;
provided,  that  the  controlling  government  authority  may
consent to such sales only if
         a.  the    request    is   from   a   not-for-profit
    organization;
         b.  such sales would not impede normal operations of
    the departments involved;
         c.  the not-for-profit  organization  provides  dram
    shop  liability  in maximum insurance coverage limits and
    agrees to defend, save harmless and indemnify  the  State
    of Illinois from all financial loss, damage or harm;
         d.  no such sale shall be made during normal working
    hours of the State of Illinois; and
         e.  the consent is in writing.
    Alcoholic  liquors  may be sold at retail in buildings in
recreational areas of river conservancy districts  under  the
control  of, or leased from, the river conservancy districts.
Such sales are subject to  reasonable  local  regulations  as
provided  in  Article  IV;  however,  no such regulations may
prohibit  or  substantially  impair  the  sale  of  alcoholic
liquors on Sundays or Holidays.
    Alcoholic liquors may  be  provided  in  long  term  care
facilities  owned or operated by a county under Division 5-21
or 5-22 of the Counties Code, when approved by  the  facility
operator  and  not  in  conflict  with the regulations of the
Illinois Department of Public Health,  to  residents  of  the
facility  who  have  had  their  consumption of the alcoholic
liquors provided approved in writing by a physician  licensed
to practice medicine in all its branches.
    Alcoholic  liquors  may  be delivered to and dispensed in
State housing assigned to  employees  of  the  Department  of
Corrections. No person shall furnish or allow to be furnished
any  alcoholic  liquors to any prisoner confined in any jail,
reformatory, prison or house  of  correction  except  upon  a
physician's prescription for medicinal purposes.
    Alcoholic  liquors  may be sold at retail or dispensed at
the Willard Ice Building in Springfield, at the State Library
in Springfield, and at Illinois State  Museum  facilities  by
(1)  an agency of the State, whether legislative, judicial or
executive, provided that such agency  first  obtains  written
permission  to  sell  or  dispense alcoholic liquors from the
controlling government authority, or by (2) a  not-for-profit
organization, provided that such organization:
         a.  Obtains  written  consent  from  the controlling
    government authority;
         b.  Sells or dispenses the alcoholic  liquors  in  a
    manner  that  does  not impair normal operations of State
    offices located in the building;
         c.  Sells or dispenses  alcoholic  liquors  only  in
    connection with an official activity in the building;
         d.  Provides, or its catering service provides, dram
    shop  liability  insurance in maximum coverage limits and
    in which the carrier agrees to defend, save harmless  and
    indemnify  the State of Illinois from all financial loss,
    damage or harm arising out of the selling  or  dispensing
    of alcoholic liquors.
    Nothing  in  this  Act  shall  prevent  a  not-for-profit
organization  or  agency  of  the  State  from  employing the
services of a  catering  establishment  for  the  selling  or
dispensing of alcoholic liquors at authorized functions.
    The  controlling government authority for the Willard Ice
Building  in  Springfield  shall  be  the  Director  of   the
Department  of Revenue.  The controlling government authority
for Illinois State Museum facilities shall be the Director of
the  Illinois  State  Museum.   The  controlling   government
authority  for  the State Library in Springfield shall be the
Secretary of State.
    Alcoholic liquors may be delivered to and sold at  retail
or  dispensed at any facility, property or building under the
jurisdiction of the Historic Preservation  Agency  where  the
delivery,  sale  or  dispensing  is  by  (1) an agency of the
State, whether legislative, judicial or  executive,  provided
that  such agency first obtains written permission to sell or
dispense alcoholic  liquors  from  a  controlling  government
authority,  or  by (2) a not-for-profit organization provided
that such organization:
         a.  Obtains written  consent  from  the  controlling
    government authority;
         b.  Sells  or  dispenses  the alcoholic liquors in a
    manner that does not  impair  normal  workings  of  State
    offices  or  operations located at the facility, property
    or building;
         c.  Sells or dispenses  alcoholic  liquors  only  in
    connection    with    an   official   activity   of   the
    not-for-profit organization in the facility, property  or
    building;
         d.  Provides, or its catering service provides, dram
    shop  liability  insurance in maximum coverage limits and
    in which the carrier agrees to defend, save harmless  and
    indemnify  the State of Illinois from all financial loss,
    damage or harm arising out of the selling  or  dispensing
    of alcoholic liquors.
    The  controlling  government  authority  for the Historic
Preservation Agency shall be the  Director  of  the  Historic
Preservation Agency.
    Alcoholic  liquors  may be sold at retail or dispensed at
the James R. Thompson Center in Chicago and 222 South College
Street in Springfield, Illinois by (1) a commercial tenant or
subtenant conducting business on the premises under  a  lease
made  pursuant  to  Section 67.24 of the Civil Administrative
Code of Illinois, provided that such tenant or subtenant  who
sells  or  dispenses  alcoholic  liquors  shall  procure  and
maintain  dram  shop  liability insurance in maximum coverage
limits and in which the carrier agrees to  defend,  indemnify
and  save  harmless  the State of Illinois from all financial
loss, damage or harm arising out of the sale or dispensing of
alcoholic liquors, or by (2) an agency of the State,  whether
legislative, judicial or executive, provided that such agency
first   obtains   written  permission  to  sell  or  dispense
alcoholic liquors from the  Director  of  Central  Management
Services,  or  by (3) a not-for-profit organization, provided
that such organization:
         a.  Obtains written consent from the  Department  of
    Central Management Services;
         b.  Sells  or  dispenses  the alcoholic liquors in a
    manner that does not impair normal  operations  of  State
    offices located in the building;
         c.  Sells  or  dispenses  alcoholic  liquors only in
    connection with an official activity in the building;
         d.  Provides, or its catering service provides, dram
    shop liability insurance in maximum coverage  limits  and
    in  which the carrier agrees to defend, save harmless and
    indemnify the State of Illinois from all financial  loss,
    damage  or  harm arising out of the selling or dispensing
    of alcoholic liquors.
    Nothing  in  this  Act  shall  prevent  a  not-for-profit
organization or  agency  of  the  State  from  employing  the
services  of  a  catering  establishment  for  the selling or
dispensing of alcoholic liquors at  functions  authorized  by
the Director of Central Management Services.
    Alcoholic  liquors  may  be  sold  or  delivered  at  any
facility  owned  by  the Illinois Sports Facilities Authority
provided that dram shop liability  insurance  has  been  made
available  in  a form, with such coverage and in such amounts
as the Authority reasonably determines is necessary.
    Alcoholic liquors may be sold at retail or  dispensed  at
the  Rockford  State  Office Building by (1) an agency of the
State, whether legislative, judicial or  executive,  provided
that  such agency first obtains written permission to sell or
dispense alcoholic liquors from  the  Department  of  Central
Management Services, or by (2) a not-for-profit organization,
provided that such organization:
         a.  Obtains  written  consent from the Department of
    Central Management Services;
         b.  Sells or dispenses the alcoholic  liquors  in  a
    manner  that  does  not impair normal operations of State
    offices located in the building;
         c.  Sells or dispenses  alcoholic  liquors  only  in
    connection with an official activity in the building;
         d.  Provides, or its catering service provides, dram
    shop  liability  insurance in maximum coverage limits and
    in which the carrier agrees to defend, save harmless  and
    indemnify  the State of Illinois from all financial loss,
    damage or harm arising out of the selling  or  dispensing
    of alcoholic liquors.
    Nothing  in  this  Act  shall  prevent  a  not-for-profit
organization  or  agency  of  the  State  from  employing the
services of a  catering  establishment  for  the  selling  or
dispensing  of  alcoholic  liquors at functions authorized by
the Department of Central Management Services.
    Alcoholic liquors may be sold or delivered in a  building
that is owned by McLean County, situated on land owned by the
county  in  the  City  of Bloomington, and used by the McLean
County Historical Society if the sale or delivery is approved
by  an  ordinance  adopted  by  the  county  board,  and  the
municipality  in  which  the  building  is  located  may  not
prohibit that sale or  delivery,  notwithstanding  any  other
provision  of  this  Section.  The regulation of the sale and
delivery of alcoholic liquor in a building that is  owned  by
McLean County, situated on land owned by the county, and used
by  the  McLean County Historical Society as provided in this
paragraph 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 the power of a
home rule municipality to regulate that sale and delivery.
    Alcoholic  liquors  may  be  sold  or  delivered  in  any
building  situated  on  land  held  in  trust  for any school
district organized under Article 34 of the  School  Code,  if
the  building is not used for school purposes and if the sale
or delivery is approved by the board of education.
    Alcoholic liquors may be sold or delivered  in  buildings
owned  by  the  Community Building Complex Committee of Boone
County,  Illinois  if  the  person  or  facility  selling  or
dispensing  the  alcoholic  liquor  has  provided  dram  shop
liability insurance with coverage and  in  amounts  that  the
Committee reasonably determines are necessary.
    Alcoholic  liquors  may  be  sold  or  delivered  in  the
building  located  at  1200 Centerville Avenue in Belleville,
Illinois and occupied by either the Belleville  Area  Special
Education  District  or  the Belleville Area Special Services
Cooperative.
(Source:  P.A. 88-652, eff.  9-16-94;  89-34,  eff.  6-23-95;
89-262,  eff.  8-10-95;  89-376,  eff.  8-18-95; 89-445, eff.
2-7-96; 89-502, eff. 6-28-96; 89-544, eff.  7-19-96;  89-626,
eff. 8-9-96; revised 8-19-96.)

    Section  2-190.   The Illinois Public Aid Code is amended
by changing Sections 5-5, 5-16.3, 11-9, and 14-8 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; (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;  (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, but not including abortions, or  induced  miscarriages
or  premature  births, unless, in the opinion of a physician,
such procedures are necessary for  the  preservation  of  the
life  of  the  woman  seeking  such  treatment,  or except an
induced premature birth intended to  produce  a  live  viable
child  and  such procedure is necessary for the health of the
mother or her unborn child. The Illinois Department, by rule,
shall  prohibit  any   physician   from   providing   medical
assistance  to anyone eligible therefor under this Code where
such  physician  has  been  found  guilty  of  performing  an
abortion procedure in a wilful and wanton manner upon a woman
who was not pregnant at the time such abortion procedure  was
performed.  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.
    The Illinois Department of Public Aid shall  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, which shall include but not be
    limited to prosthodontics; and
         (2)  eyeglasses prescribed by a physician skilled in
    the diseases of the eye, or by an optometrist,  whichever
    the person may select.
    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 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  baseline
mammogram for women 35 to 39 years of age; a mammogram  every
1  to  2 years, even if no symptoms are present, for women 40
to 49 years of age; and an  annual  mammogram  for  women  50
years  of  age  or  older.   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.  As used in  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,  image  receptor,  and  cassettes,  with  an  average
radiation exposure delivery of less than one rad  mid-breast,
with 2 views for each breast.
    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 Public Aid 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 Illinois Department of  Public  Aid  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.  In formulating these
regulations the Illinois Department shall  consult  with  and
give substantial weight to the recommendations offered by the
Citizens  Assembly/Council  on  Public  Aid.  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.
    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.   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  the
effective  date  of this amendatory Act of 1984, 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.
    The rules and  regulations  of  the  Illinois  Department
shall require that a written statement including the required
opinion   of  a  physician  shall  accompany  any  claim  for
reimbursement  for  abortions,  or  induced  miscarriages  or
premature  births.   This  statement  shall   indicate   what
procedures were used in providing such medical services.
    The Illinois Department shall require that 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.
    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  without  medical  authorization;  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.   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. Rules under clause (2)
above shall not provide for  purchase  or  lease-purchase  of
durable medical equipment or supplies used for the purpose of
oxygen delivery and respiratory care.
    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.
    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 regularly the results of the operation  of  such
systems  and  programs  to  the  Citizens Assembly/Council on
Public Aid to enable the Committee to ensure,  from  time  to
time, that these programs are effective and meaningful.
    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, 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  and  one  copy  with  the  Citizens
Assembly/Council  on  Public  Aid  or  its successor shall be
deemed sufficient to comply with this Section.
(Source: P.A.  88-670,  eff.  12-2-94;  89-21,  eff.  7-1-95;
89-507, eff. 7-1-97; 89-517, eff. 1-1-97; revised 8-26-96.)

    (305 ILCS 5/5-16.3)
    Sec. 5-16.3.  System for integrated health care services.
    (a)  It shall be the public policy of the State to adopt,
to  the  extent  practicable,  a  health  care  program  that
encourages  the  integration  of  health  care  services  and
manages the health care of program enrollees while preserving
reasonable  choice  within  a  competitive and cost-efficient
environment.  In  furtherance  of  this  public  policy,  the
Illinois Department shall develop and implement an integrated
health  care  program  consistent with the provisions of this
Section.  The provisions of this Section apply  only  to  the
integrated  health  care  program created under this Section.
Persons enrolled in the integrated health  care  program,  as
determined  by  the  Illinois  Department  by  rule, shall be
afforded a choice among health care delivery  systems,  which
shall  include,  but  are not limited to, (i) fee for service
care managed by a primary care physician licensed to practice
medicine in  all  its  branches,  (ii)  managed  health  care
entities,   and  (iii)  federally  qualified  health  centers
(reimbursed according  to  a  prospective  cost-reimbursement
methodology)  and  rural health clinics (reimbursed according
to  the  Medicare  methodology),  where  available.   Persons
enrolled in the integrated health care program  also  may  be
offered indemnity insurance plans, subject to availability.
    For  purposes  of  this  Section,  a "managed health care
entity" means a health maintenance organization or a  managed
care community network as defined in this Section.  A "health
maintenance   organization"   means   a   health  maintenance
organization   as   defined   in   the   Health   Maintenance
Organization Act.  A "managed care community  network"  means
an entity, other than a health maintenance organization, that
is  owned,  operated, or governed by providers of health care
services within this State  and  that  provides  or  arranges
primary, secondary, and tertiary managed health care services
under  contract  with  the Illinois Department exclusively to
enrollees of the integrated health care  program.  A  managed
care   community  network  may  contract  with  the  Illinois
Department to provide only pediatric health care services.  A
county  provider  as defined in Section 15-1 of this Code may
contract with the Illinois Department to provide services  to
enrollees  of the integrated health care program as a managed
care community  network  without  the  need  to  establish  a
separate   entity   that  provides  services  exclusively  to
enrollees of the integrated health care program and shall  be
deemed  a managed care community network for purposes of this
Code only to the extent of the provision of services to those
enrollees in conjunction  with  the  integrated  health  care
program.   A  county  provider  shall be entitled to contract
with the Illinois Department with respect to any  contracting
region  located  in  whole  or  in part within the county.  A
county provider shall not be required to accept enrollees who
do not reside within the county.
    Each managed care community network must demonstrate  its
ability to bear the financial risk of serving enrollees under
this  program.   The  Illinois Department shall by rule adopt
criteria  for  assessing  the  financial  soundness  of  each
managed care community network. These  rules  shall  consider
the  extent  to  which  a  managed  care community network is
comprised of providers who directly render  health  care  and
are  located  within  the  community  in  which  they seek to
contract rather than solely arrange or finance  the  delivery
of health care.  These rules shall further consider a variety
of  risk-bearing  and  management  techniques,  including the
sufficiency of quality assurance and  utilization  management
programs  and  whether  a  managed care community network has
sufficiently demonstrated  its  financial  solvency  and  net
worth.  The  Illinois  Department's criteria must be based on
sound actuarial, financial, and  accounting  principles.   In
adopting  these  rules, the Illinois Department shall consult
with the  Illinois  Department  of  Insurance.  The  Illinois
Department  is  responsible  for  monitoring  compliance with
these rules.
    This Section may not be implemented before the  effective
date  of  these  rules, the approval of any necessary federal
waivers, and the completion of the review of  an  application
submitted,  at  least  60  days  before the effective date of
rules adopted under this Section, to the Illinois  Department
by a managed care community network.
    All  health  care delivery systems that contract with the
Illinois Department under the integrated health care  program
shall  clearly  recognize  a  health care provider's right of
conscience under the Right of Conscience Act.  In addition to
the provisions of that Act, no health  care  delivery  system
that   contracts  with  the  Illinois  Department  under  the
integrated health care program shall be required to  provide,
arrange  for,  or pay for any health care or medical service,
procedure, or product if that health care delivery system  is
owned,  controlled,  or  sponsored  by  or  affiliated with a
religious institution or religious  organization  that  finds
that health care or medical service, procedure, or product to
violate its religious and moral teachings and beliefs.
    (b)  The  Illinois  Department  may, by rule, provide for
different  benefit  packages  for  different  categories   of
persons  enrolled  in  the  program.  Mental health services,
alcohol and substance abuse  services,  services  related  to
children   with   chronic   or   acute  conditions  requiring
longer-term treatment and follow-up, and rehabilitation  care
provided  by  a  free-standing  rehabilitation  hospital or a
hospital rehabilitation unit may be excluded from  a  benefit
package  if  the  State  ensures that those services are made
available through a separate delivery system.   An  exclusion
does not prohibit the Illinois Department from developing and
implementing demonstration projects for categories of persons
or  services.   Benefit  packages  for  persons  eligible for
medical assistance under Articles V, VI,  and  XII  shall  be
based  on  the  requirements  of  those Articles and shall be
consistent with the Title XIX of  the  Social  Security  Act.
Nothing  in  this Act shall be construed to apply to services
purchased by the Department of Children and  Family  Services
and  the  Department  of  Human Services (as successor to the
Department of Mental Health and  Developmental  Disabilities)
under   the   provisions   of   Title   59  of  the  Illinois
Administrative Code, Part  132  ("Medicaid  Community  Mental
Health Services Program").
    (c)  The  program  established  by  this  Section  may be
implemented by the Illinois Department in various contracting
areas at various times.  The health care delivery systems and
providers available under the program may vary throughout the
State.  For purposes of contracting with managed health  care
entities   and   providers,  the  Illinois  Department  shall
establish contracting areas similar to the  geographic  areas
designated   by   the  Illinois  Department  for  contracting
purposes  under   the   Illinois   Competitive   Access   and
Reimbursement  Equity  Program (ICARE) under the authority of
Section 3-4 of the Illinois  Health  Finance  Reform  Act  or
similarly-sized  or  smaller  geographic areas established by
the Illinois Department by rule. A managed health care entity
shall be permitted to contract in any  geographic  areas  for
which  it  has  a  sufficient  provider network and otherwise
meets the  contracting  terms  of  the  State.  The  Illinois
Department  is  not  prohibited from entering into a contract
with a managed health care entity at any time.
    (d)  A managed health care entity that contracts with the
Illinois Department for the provision of services  under  the
program shall do all of the following, solely for purposes of
the integrated health care program:
         (1)  Provide  that any individual physician licensed
    to practice medicine in all its branches,  any  pharmacy,
    any   federally   qualified   health   center,   and  any
    podiatrist, that consistently meets the reasonable  terms
    and  conditions  established  by  the managed health care
    entity,  including  but  not  limited  to   credentialing
    standards,   quality   assurance   program  requirements,
    utilization    management     requirements,     financial
    responsibility     standards,     contracting     process
    requirements, and provider network size and accessibility
    requirements, must be accepted by the managed health care
    entity  for  purposes  of  the Illinois integrated health
    care program.  Any individual who  is  either  terminated
    from  or  denied  inclusion in the panel of physicians of
    the managed health care entity shall be given, within  10
    business   days   after  that  determination,  a  written
    explanation of the reasons for his or  her  exclusion  or
    termination  from  the panel. This paragraph (1) does not
    apply to the following:
              (A)  A  managed   health   care   entity   that
         certifies to the Illinois Department that:
                   (i)  it  employs  on a full-time basis 125
              or  more  Illinois   physicians   licensed   to
              practice medicine in all of its branches; and
                   (ii)  it  will  provide  medical  services
              through  its  employees to more than 80% of the
              recipients enrolled  with  the  entity  in  the
              integrated health care program; or
              (B)  A   domestic   stock   insurance   company
         licensed under clause (b) of class 1 of Section 4 of
         the  Illinois  Insurance Code if (i) at least 66% of
         the stock of the insurance company  is  owned  by  a
         professional   corporation   organized   under   the
         Professional Service Corporation Act that has 125 or
         more   shareholders   who  are  Illinois  physicians
         licensed to practice medicine in all of its branches
         and (ii) the  insurance  company  certifies  to  the
         Illinois  Department  that  at  least  80%  of those
         physician  shareholders  will  provide  services  to
         recipients  enrolled  with  the   company   in   the
         integrated health care program.
         (2)  Provide  for  reimbursement  for  providers for
    emergency care, as defined by the Illinois Department  by
    rule,  that  must be provided to its enrollees, including
    an emergency room screening fee, and urgent care that  it
    authorizes   for   its   enrollees,   regardless  of  the
    provider's  affiliation  with  the  managed  health  care
    entity. Providers shall be reimbursed for emergency  care
    at   an   amount   equal  to  the  Illinois  Department's
    fee-for-service rates for those medical services rendered
    by providers not under contract with the  managed  health
    care entity to enrollees of the entity.
         (3)  Provide  that  any  provider  affiliated with a
    managed health care entity may also provide services on a
    fee-for-service basis to Illinois Department clients  not
    enrolled in a managed health care entity.
         (4)  Provide client education services as determined
    and  approved  by  the Illinois Department, including but
    not  limited  to  (i)  education  regarding   appropriate
    utilization  of  health  care  services in a managed care
    system, (ii) written disclosure of treatment policies and
    any  restrictions  or  limitations  on  health  services,
    including,  but  not  limited  to,   physical   services,
    clinical   laboratory   tests,   hospital   and  surgical
    procedures,  prescription  drugs   and   biologics,   and
    radiological  examinations, and (iii) written notice that
    the enrollee may  receive  from  another  provider  those
    services covered under this program that are not provided
    by the managed health care entity.
         (5)  Provide  that  enrollees  within its system may
    choose the site for provision of services and  the  panel
    of health care providers.
         (6)  Not   discriminate   in   its   enrollment   or
    disenrollment   practices  among  recipients  of  medical
    services or program enrollees based on health status.
         (7)  Provide a  quality  assurance  and  utilization
    review   program   that   (i)   for   health  maintenance
    organizations  meets  the  requirements  of  the   Health
    Maintenance  Organization  Act  and (ii) for managed care
    community networks meets the requirements established  by
    the  Illinois  Department in rules that incorporate those
    standards   set   forth   in   the   Health   Maintenance
    Organization Act.
         (8)  Issue   a   managed    health    care    entity
    identification  card  to  each  enrollee upon enrollment.
    The card must contain all of the following:
              (A)  The enrollee's signature.
              (B)  The enrollee's health plan.
              (C)  The  name  and  telephone  number  of  the
         enrollee's primary care physician.
              (D)  A  telephone  number  to   be   used   for
         emergency service 24 hours per day, 7 days per week.
         The  telephone  number  required  to  be  maintained
         pursuant to this subparagraph by each managed health
         care   entity  shall,  at  minimum,  be  staffed  by
         medically  trained   personnel   and   be   provided
         directly,  or  under  arrangement,  at  an office or
         offices in  locations maintained solely  within  the
         State    of   Illinois.   For   purposes   of   this
         subparagraph, "medically  trained  personnel"  means
         licensed   practical  nurses  or  registered  nurses
         located in the State of Illinois  who  are  licensed
         pursuant to the Illinois Nursing Act of 1987.
         (9)  Ensure  that  every  primary care physician and
    pharmacy in the managed  health  care  entity  meets  the
    standards  established  by  the  Illinois  Department for
    accessibility  and  quality   of   care.   The   Illinois
    Department shall arrange for and oversee an evaluation of
    the  standards  established  under this paragraph (9) and
    may recommend any necessary changes to  these  standards.
    The  Illinois Department shall submit an annual report to
    the Governor and the General Assembly by April 1 of  each
    year  regarding  the  effect of the standards on ensuring
    access and quality of care to enrollees.
         (10)  Provide a procedure  for  handling  complaints
    that  (i)  for health maintenance organizations meets the
    requirements of the Health Maintenance  Organization  Act
    and  (ii)  for  managed care community networks meets the
    requirements established by the  Illinois  Department  in
    rules  that  incorporate those standards set forth in the
    Health Maintenance Organization Act.
         (11)  Maintain, retain, and make  available  to  the
    Illinois  Department records, data, and information, in a
    uniform manner determined  by  the  Illinois  Department,
    sufficient   for   the  Illinois  Department  to  monitor
    utilization, accessibility, and quality of care.
         (12)  Except for providers who are prepaid, pay  all
    approved  claims  for covered services that are completed
    and submitted to the managed health care entity within 30
    days after  receipt  of  the  claim  or  receipt  of  the
    appropriate capitation payment or payments by the managed
    health  care entity from the State for the month in which
    the  services  included  on  the  claim  were   rendered,
    whichever  is  later. If payment is not made or mailed to
    the provider by the managed health care entity by the due
    date under this subsection, an interest penalty of 1%  of
    any  amount  unpaid  shall  be  added  for  each month or
    fraction of a month  after  the  due  date,  until  final
    payment  is  made. Nothing in this Section shall prohibit
    managed health care entities and providers from  mutually
    agreeing to terms that require more timely payment.
         (13)  Provide   integration   with   community-based
    programs  provided  by certified local health departments
    such as Women, Infants, and  Children  Supplemental  Food
    Program  (WIC),  childhood  immunization programs, health
    education programs, case management programs, and  health
    screening programs.
         (14)  Provide  that the pharmacy formulary used by a
    managed health care entity and its contract providers  be
    no   more  restrictive  than  the  Illinois  Department's
    pharmaceutical program on  the  effective  date  of  this
    amendatory Act of 1994 and as amended after that date.
         (15)  Provide   integration   with   community-based
    organizations,   including,   but  not  limited  to,  any
    organization  that  has  operated   within   a   Medicaid
    Partnership  as  defined  by  this Code or by rule of the
    Illinois Department, that may continue to operate under a
    contract with the Illinois Department or a managed health
    care entity under this Section to provide case management
    services to  Medicaid  clients  in  designated  high-need
    areas.
    The   Illinois   Department   may,   by  rule,  determine
methodologies to limit financial liability for managed health
care  entities  resulting  from  payment  for   services   to
enrollees provided under the Illinois Department's integrated
health  care  program.  Any  methodology so determined may be
considered or implemented by the Illinois Department  through
a  contract  with  a  managed  health  care entity under this
integrated health care program.
    The Illinois Department shall contract with an entity  or
entities  to  provide  external  peer-based quality assurance
review for the integrated health  care  program.  The  entity
shall  be  representative  of Illinois physicians licensed to
practice medicine in all  its  branches  and  have  statewide
geographic  representation in all specialties of medical care
that are provided within the integrated health care  program.
The  entity may not be a third party payer and shall maintain
offices in locations around the State  in  order  to  provide
service   and   continuing  medical  education  to  physician
participants within the integrated health care program.   The
review  process  shall be developed and conducted by Illinois
physicians licensed to practice medicine in all its branches.
In consultation with the entity, the Illinois Department  may
contract  with  other  entities  for  professional peer-based
quality assurance review of individual categories of services
other than services provided, supervised, or  coordinated  by
physicians licensed to practice medicine in all its branches.
The Illinois Department shall establish, by rule, criteria to
avoid  conflicts  of  interest  in  the  conduct  of  quality
assurance activities consistent with professional peer-review
standards.   All   quality   assurance  activities  shall  be
coordinated by the Illinois Department.
    (e)  All  persons  enrolled  in  the  program  shall   be
provided   with   a   full   written   explanation   of   all
fee-for-service  and  managed  health care plan options and a
reasonable  opportunity  to  choose  among  the  options   as
provided  by  rule.  The Illinois Department shall provide to
enrollees, upon enrollment  in  the  integrated  health  care
program  and  at  least  annually  thereafter,  notice of the
process  for  requesting  an  appeal   under   the   Illinois
Department's      administrative      appeal      procedures.
Notwithstanding  any other Section of this Code, the Illinois
Department may provide by rule for the Illinois Department to
assign a  person  enrolled  in  the  program  to  a  specific
provider  of  medical  services  or to a specific health care
delivery system if an enrollee has failed to exercise  choice
in  a  timely  manner.  An  enrollee assigned by the Illinois
Department shall be afforded the opportunity to disenroll and
to select a  specific  provider  of  medical  services  or  a
specific health care delivery system within the first 30 days
after  the assignment. An enrollee who has failed to exercise
choice in a timely manner may be assigned only if there are 3
or more managed health care  entities  contracting  with  the
Illinois Department within the contracting area, except that,
outside  the  City of Chicago, this requirement may be waived
for an area by rules adopted by the Illinois Department after
consultation with all hospitals within the contracting  area.
The Illinois Department shall establish by rule the procedure
for  random  assignment  of  enrollees  who  fail to exercise
choice in a timely manner to a specific managed  health  care
entity  in  proportion  to  the  available  capacity  of that
managed health care entity. Assignment to a specific provider
of medical services or to  a  specific  managed  health  care
entity may not exceed that provider's or entity's capacity as
determined  by  the  Illinois Department.  Any person who has
chosen a specific provider of medical services or a  specific
managed  health  care  entity,  or  any  person  who has been
assigned  under  this  subsection,   shall   be   given   the
opportunity to change that choice or assignment at least once
every  12 months, as determined by the Illinois Department by
rule. The Illinois  Department  shall  maintain  a  toll-free
telephone  number  for  program  enrollees'  use in reporting
problems with managed health care entities.
    (f)  If a person becomes eligible  for  participation  in
the  integrated  health  care  program  while  he  or  she is
hospitalized, the Illinois Department  may  not  enroll  that
person  in  the  program  until  after  he  or  she  has been
discharged from the hospital.  This subsection does not apply
to  newborn  infants  whose  mothers  are  enrolled  in   the
integrated health care program.
    (g)  The  Illinois  Department  shall, by rule, establish
for managed health care entities rates that (i) are certified
to be actuarially sound, as determined by an actuary  who  is
an  associate  or  a  fellow of the Society of Actuaries or a
member of the American  Academy  of  Actuaries  and  who  has
expertise  and  experience  in  medical insurance and benefit
programs,  in  accordance  with  the  Illinois   Department's
current  fee-for-service  payment  system, and (ii) take into
account any difference of cost  to  provide  health  care  to
different  populations  based  on  gender, age, location, and
eligibility category.  The  rates  for  managed  health  care
entities shall be determined on a capitated basis.
    The  Illinois Department by rule shall establish a method
to adjust its payments to managed health care entities  in  a
manner intended to avoid providing any financial incentive to
a  managed  health  care entity to refer patients to a county
provider, in an Illinois county having a  population  greater
than  3,000,000,  that  is  paid  directly  by  the  Illinois
Department.   The Illinois Department shall by April 1, 1997,
and  annually  thereafter,  review  the  method   to   adjust
payments.  Payments  by the Illinois Department to the county
provider,  for  persons  not  enrolled  in  a  managed   care
community  network  owned  or  operated by a county provider,
shall be paid on a fee-for-service basis under Article XV  of
this Code.
    The  Illinois Department by rule shall establish a method
to reduce its payments to managed  health  care  entities  to
take  into  consideration (i) any adjustment payments paid to
hospitals under subsection (h) of this Section to the  extent
those  payments,  or  any  part  of those payments, have been
taken into account in establishing capitated rates under this
subsection (g) and (ii) the implementation  of  methodologies
to limit financial liability for managed health care entities
under subsection (d) of this Section.
    (h)  For  hospital  services  provided by a hospital that
contracts with  a  managed  health  care  entity,  adjustment
payments  shall  be  paid  directly  to  the  hospital by the
Illinois Department.  Adjustment  payments  may  include  but
need    not   be   limited   to   adjustment   payments   to:
disproportionate share hospitals under Section 5-5.02 of this
Code; primary care access health care education payments  (89
Ill. Adm. Code 149.140); payments for capital, direct medical
education,  indirect  medical education, certified registered
nurse anesthetist, and kidney acquisition costs (89 Ill. Adm.
Code 149.150(c)); uncompensated care payments (89  Ill.  Adm.
Code  148.150(h));  trauma center payments (89 Ill. Adm. Code
148.290(c)); rehabilitation hospital payments (89  Ill.  Adm.
Code  148.290(d));  perinatal  center  payments (89 Ill. Adm.
Code 148.290(e)); obstetrical care  payments  (89  Ill.  Adm.
Code 148.290(f)); targeted access payments (89 Ill. Adm. Code
148.290(g)); Medicaid high volume payments (89 Ill. Adm. Code
148.290(h));  and  outpatient indigent volume adjustments (89
Ill. Adm. Code 148.140(b)(5)).
    (i)  For  any  hospital  eligible  for   the   adjustment
payments described in subsection (h), the Illinois Department
shall  maintain,  through  the  period  ending June 30, 1995,
reimbursement levels in accordance with statutes and rules in
effect on April 1, 1994.
    (j)  Nothing contained in this Code in any way limits  or
otherwise  impairs  the  authority  or  power of the Illinois
Department to enter into a negotiated  contract  pursuant  to
this  Section  with  a managed health care entity, including,
but not limited to, a health maintenance  organization,  that
provides  for  termination  or  nonrenewal  of  the  contract
without  cause  upon  notice  as provided in the contract and
without a hearing.
    (k)  Section  5-5.15  does  not  apply  to  the   program
developed and implemented pursuant to this Section.
    (l)  The Illinois Department shall, by rule, define those
chronic or acute medical conditions of childhood that require
longer-term  treatment  and  follow-up  care.   The  Illinois
Department shall ensure that services required to treat these
conditions are available through a separate delivery system.
    A  managed  health  care  entity  that contracts with the
Illinois Department may refer a child with medical conditions
described in the rules adopted under this subsection directly
to a children's hospital or  to  a  hospital,  other  than  a
children's  hospital,  that is qualified to provide inpatient
and outpatient  services  to  treat  those  conditions.   The
Illinois    Department    shall    provide    fee-for-service
reimbursement  directly  to  a  children's hospital for those
services pursuant to Title 89 of the Illinois  Administrative
Code,  Section  148.280(a),  at  a rate at least equal to the
rate in effect on March 31, 1994. For hospitals,  other  than
children's hospitals, that are qualified to provide inpatient
and  outpatient  services  to  treat  those  conditions,  the
Illinois  Department  shall  provide  reimbursement for those
services on a fee-for-service basis, at a rate at least equal
to the rate in effect for those other hospitals on March  31,
1994.
    A  children's  hospital  shall be directly reimbursed for
all  services  provided  at  the  children's  hospital  on  a
fee-for-service basis pursuant to Title 89  of  the  Illinois
Administrative  Code,  Section 148.280(a), at a rate at least
equal to the rate in effect on  March  31,  1994,  until  the
later  of  (i)  implementation  of the integrated health care
program under this Section  and  development  of  actuarially
sound  capitation rates for services other than those chronic
or  acute  medical  conditions  of  childhood  that   require
longer-term  treatment  and  follow-up care as defined by the
Illinois  Department  in  the  rules   adopted   under   this
subsection or (ii) March 31, 1996.
    Notwithstanding   anything  in  this  subsection  to  the
contrary, a managed health care  entity  shall  not  consider
sources  or methods of payment in determining the referral of
a child.   The  Illinois  Department  shall  adopt  rules  to
establish   criteria   for  those  referrals.   The  Illinois
Department by rule shall establish a  method  to  adjust  its
payments to managed health care entities in a manner intended
to  avoid  providing  any  financial  incentive  to a managed
health care entity to refer patients to  a  provider  who  is
paid directly by the Illinois Department.
    (m)  Behavioral health services provided or funded by the
Department  of Human Services, the Department of Children and
Family  Services,  and  the  Illinois  Department  shall   be
excluded from a benefit package.  Conditions of an organic or
physical  origin or nature, including medical detoxification,
however,  may  not  be   excluded.    In   this   subsection,
"behavioral health services" means mental health services and
subacute  alcohol  and substance abuse treatment services, as
defined in the Illinois Alcoholism and Other Drug  Dependency
Act.   In this subsection, "mental health services" includes,
at a minimum, the following services funded by  the  Illinois
Department, the Department of Human Services (as successor to
the   Department   of   Mental   Health   and   Developmental
Disabilities),  or  the  Department  of  Children  and Family
Services: (i) inpatient hospital services, including  related
physician  services,  related  psychiatric interventions, and
pharmaceutical services provided  to  an  eligible  recipient
hospitalized   with   a   primary  diagnosis  of  psychiatric
disorder; (ii) outpatient mental health services  as  defined
and  specified  in  Title  59  of the Illinois Administrative
Code, Part 132; (iii)  any  other  outpatient  mental  health
services  funded  by  the Illinois Department pursuant to the
State   of   Illinois    Medicaid    Plan;    (iv)    partial
hospitalization;  and  (v) follow-up stabilization related to
any of those services.  Additional behavioral health services
may be excluded under this subsection as mutually  agreed  in
writing  by  the  Illinois  Department and the affected State
agency or agencies.  The exclusion of any  service  does  not
prohibit   the   Illinois   Department  from  developing  and
implementing demonstration projects for categories of persons
or services.  The Department of Children and Family  Services
and  the  Department of Human Services shall each adopt rules
governing the integration of managed care in the provision of
behavioral health services. The State shall integrate managed
care community networks  and  affiliated  providers,  to  the
extent  practicable,  in  any  separate  delivery  system for
mental health services.
    (n)  The  Illinois  Department  shall  adopt   rules   to
establish  reserve  requirements  for  managed care community
networks,  as  required  by  subsection   (a),   and   health
maintenance  organizations  to protect against liabilities in
the event that a  managed  health  care  entity  is  declared
insolvent or bankrupt.  If a managed health care entity other
than  a  county  provider  is declared insolvent or bankrupt,
after liquidation and application of  any  available  assets,
resources,  and reserves, the Illinois Department shall pay a
portion of the amounts owed by the managed health care entity
to providers for services rendered  to  enrollees  under  the
integrated  health  care  program under this Section based on
the following schedule: (i) from April 1, 1995  through  June
30,  1998,  90%  of  the amounts owed; (ii) from July 1, 1998
through June 30, 2001, 80% of the  amounts  owed;  and  (iii)
from  July  1, 2001 through June 30, 2005, 75% of the amounts
owed.  The  amounts  paid  under  this  subsection  shall  be
calculated  based  on  the  total  amount owed by the managed
health care entity to providers  before  application  of  any
available  assets,  resources,  and reserves.  After June 30,
2005, the Illinois Department may not pay any amounts owed to
providers as a result of an insolvency  or  bankruptcy  of  a
managed  health  care entity occurring after that date.   The
Illinois Department is not obligated, however, to pay amounts
owed to a provider that has an ownership or  other  governing
interest  in the managed health care entity.  This subsection
applies only to managed health care entities and the services
they provide under the integrated health care  program  under
this Section.
    (o)  Notwithstanding   any  other  provision  of  law  or
contractual agreement to the contrary, providers shall not be
required to accept from any other third party payer the rates
determined  or  paid  under  this  Code   by   the   Illinois
Department,  managed health care entity, or other health care
delivery system for services provided to recipients.
    (p)  The Illinois Department  may  seek  and  obtain  any
necessary   authorization   provided  under  federal  law  to
implement the program, including the waiver  of  any  federal
statutes  or  regulations. The Illinois Department may seek a
waiver  of  the  federal  requirement   that   the   combined
membership  of  Medicare  and Medicaid enrollees in a managed
care community network may not exceed 75% of the managed care
community   network's   total   enrollment.    The   Illinois
Department shall not seek a waiver of  this  requirement  for
any  other  category  of  managed  health  care  entity.  The
Illinois Department shall not seek a waiver of the  inpatient
hospital  reimbursement methodology in Section 1902(a)(13)(A)
of Title XIX of the Social Security Act even if  the  federal
agency  responsible  for  administering  Title XIX determines
that Section 1902(a)(13)(A) applies to  managed  health  care
systems.
    Notwithstanding  any other provisions of this Code to the
contrary, the Illinois Department  shall  seek  a  waiver  of
applicable federal law in order to impose a co-payment system
consistent  with  this  subsection  on  recipients of medical
services under Title XIX of the Social Security Act  who  are
not  enrolled  in  a  managed health care entity.  The waiver
request submitted by the Illinois  Department  shall  provide
for co-payments of up to $0.50 for prescribed drugs and up to
$0.50 for x-ray services and shall provide for co-payments of
up  to  $10 for non-emergency services provided in a hospital
emergency room and up  to  $10  for  non-emergency  ambulance
services.   The  purpose of the co-payments shall be to deter
those  recipients  from  seeking  unnecessary  medical  care.
Co-payments may not be used to deter recipients from  seeking
necessary  medical  care.   No recipient shall be required to
pay more than a total of $150 per year in  co-payments  under
the  waiver request required by this subsection.  A recipient
may not be required to pay more than $15 of  any  amount  due
under this subsection in any one month.
    Co-payments  authorized  under this subsection may not be
imposed when the care was  necessitated  by  a  true  medical
emergency.   Co-payments  may  not  be imposed for any of the
following classifications of services:
         (1)  Services furnished to person under 18 years  of
    age.
         (2)  Services furnished to pregnant women.
         (3)  Services  furnished to any individual who is an
    inpatient in a hospital, nursing  facility,  intermediate
    care  facility,  or  other  medical  institution, if that
    person is required to spend for costs of medical care all
    but a minimal amount of his or her  income  required  for
    personal needs.
         (4)  Services furnished to a person who is receiving
    hospice care.
    Co-payments authorized under this subsection shall not be
deducted  from  or  reduce  in  any  way payments for medical
services from  the  Illinois  Department  to  providers.   No
provider  may  deny  those services to an individual eligible
for services based on the individual's inability to  pay  the
co-payment.
    Recipients  who  are  subject  to  co-payments  shall  be
provided  notice,  in plain and clear language, of the amount
of the co-payments, the circumstances under which co-payments
are exempted, the circumstances under which  co-payments  may
be assessed, and their manner of collection.
    The   Illinois  Department  shall  establish  a  Medicaid
Co-Payment Council to assist in the development of co-payment
policies for the medical assistance  program.   The  Medicaid
Co-Payment  Council shall also have jurisdiction to develop a
program to provide financial or non-financial  incentives  to
Medicaid  recipients in order to encourage recipients to seek
necessary health care.  The Council shall be chaired  by  the
Director  of  the  Illinois  Department,  and  shall  have  6
additional members.  Two of the 6 additional members shall be
appointed by the Governor, and one each shall be appointed by
the  President  of  the  Senate,  the  Minority Leader of the
Senate, the Speaker of the House of Representatives, and  the
Minority Leader of the House of Representatives.  The Council
may be convened and make recommendations upon the appointment
of a majority of its members.  The Council shall be appointed
and convened no later than September 1, 1994 and shall report
its   recommendations   to   the  Director  of  the  Illinois
Department and the General Assembly no later than October  1,
1994.   The  chairperson  of  the Council shall be allowed to
vote only in the case of  a  tie  vote  among  the  appointed
members of the Council.
    The  Council  shall be guided by the following principles
as it considers recommendations to be developed to  implement
any  approved  waivers that the Illinois Department must seek
pursuant to this subsection:
         (1)  Co-payments should not be used to deter  access
    to adequate medical care.
         (2)  Co-payments should be used to reduce fraud.
         (3)  Co-payment   policies  should  be  examined  in
    consideration  of  other  states'  experience,  and   the
    ability   of   successful  co-payment  plans  to  control
    unnecessary  or  inappropriate  utilization  of  services
    should be promoted.
         (4)  All   participants,   both    recipients    and
    providers,   in   the  medical  assistance  program  have
    responsibilities to both the State and the program.
         (5)  Co-payments are primarily a tool to educate the
    participants  in  the  responsible  use  of  health  care
    resources.
         (6)  Co-payments should  not  be  used  to  penalize
    providers.
         (7)  A   successful  medical  program  requires  the
    elimination of improper utilization of medical resources.
    The integrated health care program, or any part  of  that
program,   established   under   this   Section  may  not  be
implemented if matching federal funds under Title XIX of  the
Social  Security  Act are not available for administering the
program.
    The Illinois Department shall submit for  publication  in
the Illinois Register the name, address, and telephone number
of  the  individual  to  whom a request may be directed for a
copy of the request for a waiver of provisions of  Title  XIX
of  the  Social  Security  Act  that  the Illinois Department
intends to submit to the Health Care Financing Administration

in order to implement this Section.  The Illinois  Department
shall  mail  a  copy  of  that  request  for  waiver  to  all
requestors  at  least  16 days before filing that request for
waiver with the Health Care Financing Administration.
    (q)  After  the  effective  date  of  this  Section,  the
Illinois Department may take  all  planning  and  preparatory
action  necessary  to  implement this Section, including, but
not limited to, seeking requests for  proposals  relating  to
the   integrated  health  care  program  created  under  this
Section.
    (r)  In  order  to  (i)  accelerate  and  facilitate  the
development of integrated health care  in  contracting  areas
outside  counties with populations in excess of 3,000,000 and
counties adjacent to those counties  and  (ii)  maintain  and
sustain  the high quality of education and residency programs
coordinated and associated with  local  area  hospitals,  the
Illinois Department may develop and implement a demonstration
program  for managed care community networks owned, operated,
or governed by State-funded medical  schools.   The  Illinois
Department  shall  prescribe by rule the criteria, standards,
and procedures for effecting this demonstration program.
    (s)  (Blank).
    (t)  On April 1, 1995 and every 6 months thereafter,  the
Illinois  Department shall report to the Governor and General
Assembly on  the  progress  of  the  integrated  health  care
program   in  enrolling  clients  into  managed  health  care
entities.  The report shall indicate the  capacities  of  the
managed  health care entities with which the State contracts,
the number of clients enrolled by each contractor, the  areas
of  the State in which managed care options do not exist, and
the progress toward  meeting  the  enrollment  goals  of  the
integrated health care program.
    (u)  The  Illinois  Department may implement this Section
through the use of emergency rules in accordance with Section
5-45 of  the  Illinois  Administrative  Procedure  Act.   For
purposes of that Act, the adoption of rules to implement this
Section  is  deemed an emergency and necessary for the public
interest, safety, and welfare.
(Source: P.A.  88-554,  eff.  7-26-94;  89-21,  eff.  7-1-95;
89-507, eff. 7-1-97; 89-673, eff. 8-14-96; revised 8-26-96.)

    (305 ILCS 5/11-9) (from Ch. 23, par. 11-9)
    Sec.  11-9.   Protection of records - Exceptions. For the
protection  of  applicants  and  recipients,   the   Illinois
Department,  the  county  departments  and local governmental
units  and  their  respective  officers  and  employees   are
prohibited,  except  as hereinafter provided, from disclosing
the   contents   of   any   records,   files,   papers    and
communications,  except  for purposes directly connected with
the administration of public aid under this Code.
    In any judicial proceeding, except a proceeding  directly
concerned with the administration of programs provided for in
this  Code,  such  records, files, papers and communications,
and their contents shall be deemed privileged  communications
and  shall  be  disclosed  only  upon the order of the court,
where the court finds such to be necessary in the interest of
justice.
    The  Illinois  Department  shall  establish  and  enforce
reasonable rules and regulations governing the  custody,  use
and   preservation   of   the  records,  papers,  files,  and
communications  of  the  Illinois  Department,   the   county
departments  and  local governmental units receiving State or
Federal funds or aid.  The  governing  body  of  other  local
governmental units shall in like manner establish and enforce
rules and regulations governing the same matters.
    The contents of case files pertaining to recipients under
Articles  VI and VII shall be made available without subpoena
or formal notice to the officers of any  court,  to  all  law
enforcing  agencies, and to such other persons or agencies as
from time to time  may  be  authorized  by  any  court.    In
particular,  the  contents  of those case files shall be made
available upon request to a law enforcement  agency  for  the
purpose  of  determining  the  current address of a recipient
with respect  to  whom  an  arrest  warrant  is  outstanding.
Information  shall  also  be  disclosed to the Illinois State
Scholarship Commission pursuant to an investigation or  audit
by  the Illinois State Scholarship Commission of a delinquent
student loan or monetary award.
    This Section does not prevent the Illinois Department and
local governmental units from reporting  to  appropriate  law
enforcement  officials  the  desertion  or  abandonment  by a
parent of a child, as a result of  which  financial  aid  has
been  necessitated  under  Articles  IV,  V,  VI,  or VII, or
reporting to appropriate law enforcement officials  instances
in which a mother under age 18 has a child out of wedlock and
is  an applicant for or recipient of aid under any Article of
this Code. The Illinois Department may provide  by  rule  for
the  county  departments  and  local  governmental  units  to
initiate  proceedings under the Juvenile Court Act of 1987 to
have children declared to be neglected when  they  deem  such
action   necessary  to  protect  the  children  from  immoral
influences present in their home or surroundings.
    This Section does not preclude the full exercise  of  the
powers  of  the  Board of Public Aid Commissioners to inspect
records and documents, as provided for  all  advisory  boards
pursuant  to  Section  8 of "The Civil Administrative Code of
Illinois", approved March 7, 1917, as amended.
    This Section does not preclude exchanges  of  information
among  the  Illinois Department of Public Aid, the Department
of Human Services (as successor to the Department  of  Public
Aid),  and the Illinois Department of Revenue for the purpose
of verifying sources and amounts  of  income  and  for  other
purposes  directly  connected with the administration of this
Code and of the Illinois Income Tax Act.
    The provisions of this Section and of  Section  11-11  as
they  apply  to applicants and recipients of public aid under
Articles III, IV and V shall be operative only to the  extent
that  they do not conflict with any Federal law or regulation
governing Federal grants to this State for such programs.
    The Illinois Department of Public Aid and the  Department
of Human Services (as successor to the Illinois Department of
Public  Aid)  shall enter into an inter-agency agreement with
the Department of Children and Family Services to establish a
procedure by which employees of the  Department  of  Children
and  Family  Services  may  have immediate access to records,
files, papers, and communications (except medical, alcohol or
drug assessment or treatment, mental  health,  or  any  other
medical   records)   of   the   Illinois  Department,  county
departments, and local governmental units receiving State  or
federal  funds  or  aid,  if  the  Department of Children and
Family Services 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.
(Source:  P.A.  88-614,  eff.  9-7-94;  89-507,  eff. 7-1-97;
89-583, eff. 1-1-97; revised 9-9-96.)

    (305 ILCS 5/14-8) (from Ch. 23, par. 14-8)
    Sec. 14-8.  Disbursements to Hospitals.
    (a)  For inpatient  hospital  services  rendered  on  and
after  September  1,  1991,  the  Illinois  Department  shall
reimburse  hospitals  for  inpatient services at an inpatient
payment rate calculated for  each  hospital  based  upon  the
Medicare  Prospective Payment System as set forth in Sections
1886(b), (d), (g), and (h) of  the  federal  Social  Security
Act,   and   the   regulations,   policies,   and  procedures
promulgated thereunder, except as modified by  this  Section.
Payment  rates for inpatient hospital services rendered on or
after September 1, 1991 and on or before September  30,  1992
shall  be  calculated  using the Medicare Prospective Payment
rates in effect on September  1,  1991.   Payment  rates  for
inpatient  hospital  services rendered on or after October 1,
1992 and on or before March  31,  1994  shall  be  calculated
using  the  Medicare  Prospective  Payment rates in effect on
September 1, 1992.   Payment  rates  for  inpatient  hospital
services  rendered  on  or  after  April  1,  1994  shall  be
calculated  using  the  Medicare  Prospective  Payment  rates
(including  the  Medicare  grouping methodology and weighting
factors  as  adjusted  pursuant  to  paragraph  (1)  of  this
subsection)  in   effect  90  days  prior  to  the  date   of
admission.   For  services rendered on or after July 1, 1995,
the  reimbursement   methodology   implemented   under   this
subsection  shall  not  include  those  costs  referred to in
Sections 1886(d)(5)(B) and 1886(h)  of  the  Social  Security
Act.  The  additional  payment amounts required under Section
1886(d)(5)(F) of  the  Social  Security  Act,  for  hospitals
serving  a  disproportionate  share of low-income or indigent
patients, are not required under this Section.  For  hospital
inpatient  services  rendered  on  or  after July 1, 1995 and
before July 1, 1997, the Illinois Department shall  reimburse
hospitals  using  the relative weighting factors and the base
payment rates calculated  for  each  hospital  that  were  in
effect  on  June  30,  1995,  less  the portion of such rates
attributed by the Illinois Department to the cost of  medical
education.
         (1)  The weighting factors established under Section
    1886(d)(4)  of  the Social Security Act shall not be used
    in  the  reimbursement  system  established  under   this
    Section.  Rather, the Illinois Department shall establish
    by  rule  Medicaid  weighting  factors  to be used in the
    reimbursement system established under this Section.
         (2)  The Illinois Department shall  define  by  rule
    those hospitals or distinct parts of hospitals that shall
    be exempt from the reimbursement system established under
    this  Section.   In defining such hospitals, the Illinois
    Department shall take into consideration those  hospitals
    exempt from the Medicare Prospective Payment System as of
    September 1, 1991.  For hospitals defined as exempt under
    this  subsection,  the  Illinois Department shall by rule
    establish a reimbursement system for payment of inpatient
    hospital services rendered  on  and  after  September  1,
    1991.  For all hospitals that are children's hospitals as
    defined in Section 5-5.02 of this Code, the reimbursement
    methodology  shall,  through  June  30,  1992, net of all
    applicable fees, at least equal each children's  hospital
    1990  ICARE payment rates, indexed to the current year by
    application of the DRI hospital cost index from  1989  to
    the  year  in  which payments are made.  Excepting county
    providers  as  defined  in  Article  XV  of  this   Code,
    hospitals  licensed  under  the  University  of  Illinois
    Hospital  Act,  and facilities operated by the Department
    of Mental Health and Developmental Disabilities  (or  its
    successor, the Department of Human Services) for hospital
    inpatient  services rendered on or after July 1, 1995 and
    before  July  1,  1997,  the  Illinois  Department  shall
    reimburse children's hospitals, as defined in 89 Illinois
    Administrative Code Section 149.50(c)(3), at the rates in
    effect on June 30, 1995, and shall  reimburse  all  other
    hospitals  at  the rates in effect on June 30, 1995, less
    the portion of such  rates  attributed  by  the  Illinois
    Department to the cost of medical education.
         (3)  (Blank)
         (4)  Notwithstanding  any  other  provision  of this
    Section, hospitals  that  on  August  31,  1991,  have  a
    contract  with  the Illinois Department under Section 3-4
    of the Illinois Health Finance Reform Act  may  elect  to
    continue  to  be  reimbursed  at  rates  stated  in  such
    contracts for general and specialty care.
         (5)  In  addition  to  any  payments made under this
    subsection (a), the Illinois Department  shall  make  the
    adjustment  payments  required  by Section 5-5.02 of this
    Code;  provided,  that  in  the  case  of  any   hospital
    reimbursed  under  a  per  case methodology, the Illinois
    Department shall add an amount equal to  the  product  of
    the  hospital's  average  length  of  stay, less one day,
    multiplied  by  20,  for  inpatient   hospital   services
    rendered  on  or after September 1, 1991 and on or before
    September 30, 1992.
    (b)  (Blank)
    (b-5)  Excepting county providers as defined  in  Article
XV  of  this Code, hospitals licensed under the University of
Illinois  Hospital  Act,  and  facilities  operated  by   the
Illinois   Department  of  Mental  Health  and  Developmental
Disabilities (or  its  successor,  the  Department  of  Human
Services)  for  outpatient services rendered on or after July
1, 1995 and before July  1,  1997,  the  Illinois  Department
shall  reimburse  children's  hospitals,  as  defined  in the
Illinois Administrative Code  Section  149.50(c)(3),  at  the
rates  in  effect on June 30, 1995, less that portion of such
rates attributed by the Illinois Department to the outpatient
indigent volume adjustment  and  shall  reimburse  all  other
hospitals  at  the rates in effect on June 30, 1995, less the
portions of such rates attributed by the Illinois  Department
to  the  cost  of  medical  education  and  attributed by the
Illinois  Department  to  the  outpatient   indigent   volume
adjustment.
    (c)  In  addition  to any other payments under this Code,
the   Illinois   Department   shall   develop   a    hospital
disproportionate   share   reimbursement   methodology  that,
effective July 1, 1991, through  September  30,  1992,  shall
reimburse  hospitals  sufficiently  to  expend the fee monies
described in subsection (b) of Section 14-3 of this Code  and
the   federal   matching   funds  received  by  the  Illinois
Department as a result of expenditures made by  the  Illinois
Department  as  required  by  this subsection (c) and Section
14-2 that are attributable to fee  monies  deposited  in  the
Fund,  less  amounts  applied  to  adjustment  payments under
Section 5-5.02.
    (d)  Critical Care Access Payments.
         (1)  In addition to any other  payments  made  under
    this  Code,  the  Illinois  Department  shall  develop  a
    reimbursement  methodology  that shall reimburse Critical
    Care Access Hospitals for the specialized  services  that
    qualify  them  as  Critical  Care  Access  Hospitals.  No
    adjustment  payments  shall be made under this subsection
    on or after July 1, 1995.
         (2)  "Critical Care Access Hospitals" includes,  but
    is  not  limited  to, hospitals that meet at least one of
    the following criteria:
              (A)  Hospitals    located    outside    of    a
         metropolitan statistical area that are designated as
         Level  II  Perinatal  Centers  and  that  provide  a
         disproportionate  share  of  perinatal  services  to
         recipients; or
              (B)  Hospitals that are designated as  Level  I
         Trauma  Centers  (adult  or  pediatric)  and certain
         Level  II  Trauma  Centers  as  determined  by   the
         Illinois Department; or
              (C)  Hospitals    located    outside    of    a
         metropolitan  statistical  area  and  that provide a
         disproportionate share of  obstetrical  services  to
         recipients.
    (e)  Inpatient  high  volume  adjustment.   For  hospital
inpatient  services, effective with rate periods beginning on
or after October 1, 1993,  in  addition  to  rates  paid  for
inpatient  services  by the Illinois Department, the Illinois
Department  shall  make  adjustment  payments  for  inpatient
services furnished by Medicaid high  volume  hospitals.   The
Illinois  Department  shall  establish  by  rule criteria for
qualifying as a  Medicaid  high  volume  hospital  and  shall
establish by rule a reimbursement methodology for calculating
these  adjustment payments to Medicaid high volume hospitals.
No adjustment payment shall be made under this subsection for
services rendered on or after July 1, 1995.
    (f)  The Illinois Department  shall  modify  its  current
rules  governing  adjustment  payments  for  targeted access,
critical care access,  and  uncompensated  care  to  classify
those   adjustment   payments   as   not  being  payments  to
disproportionate share  hospitals  under  Title  XIX  of  the
federal   Social  Security  Act.  Rules  adopted  under  this
subsection shall not be effective with  respect  to  services
rendered  on  or after July 1, 1995.  The Illinois Department
has no obligation to adopt or implement any rules or make any
payments under this subsection for services  rendered  on  or
after July 1, 1995.
    (f-5)  The  State  recognizes that adjustment payments to
hospitals providing certain  services  or  incurring  certain
costs  may  be necessary to assure that recipients of medical
assistance  have  adequate  access   to   necessary   medical
services.   These  adjustments  include payments for teaching
costs  and  uncompensated  care,  trauma   center   payments,
rehabilitation  hospital payments, perinatal center payments,
obstetrical care payments, targeted access payments, Medicaid
high  volume  payments,  and   outpatient   indigent   volume
payments.    On   or  before  April  1,  1995,  the  Illinois
Department  shall   issue   recommendations   regarding   (i)
reimbursement  mechanisms  or  adjustment payments to reflect
these costs and services,  including  methods  by  which  the
payments  may  be  calculated  and  the  method  by which the
payments may be financed, and (ii)  reimbursement  mechanisms
or  adjustment  payments  to  reflect  costs  and services of
federally qualified health centers with respect to recipients
of medical assistance.
    (g)  If one or more hospitals  file  suit  in  any  court
challenging  any  part  of  this  Article  XIV,  payments  to
hospitals  under  this  Article XIV shall be made only to the
extent that sufficient monies are available in the  Fund  and
only  to  the  extent  that  any  monies  in the Fund are not
prohibited from disbursement under any order of the court.
    (h)  Payments   under   the   disbursement    methodology
described  in  this  Section  are  subject to approval by the
federal government in an appropriate State plan amendment.
    (i)  The  Illinois  Department  may  by  rule   establish
criteria   for   and  develop  methodologies  for  adjustment
payments to hospitals participating under this Article.
(Source:  P.A.  88-88;  88-554,  eff.  7-26-94;  89-21,  eff.
7-1-95; 89-499, eff. 6-28-96; 89-507,  eff.  7-1-97;  revised
8-26-96.)

    Section 2-195.  The Partnership for Long-Term Care Act is
amended by changing Sections 20, 30, 50, and 60 as follows:

    (320 ILCS 35/20) (from Ch. 23, par. 6801-20)
    Sec. 20.  Program participant eligibility for Medicaid.
    (a)  Individuals  who participate in the program and have
resources above the eligibility levels for receipt of medical
assistance  under  Title  XIX  of  the  Social  Security  Act
(Subchapter XIX (commencing with Section 1396) of  Chapter  7
of  Title  42 of the United States Code) shall be eligible to
receive in-home  supportive  service  benefits  and  Medicaid
benefits  through  the  Department  of  Public Aid if, before
becoming  eligible  for  benefits,  they  have  purchased   a
long-term  care insurance policy covering long-term care that
has been certified by the Department of Insurance Human under
Section 30 of this Act.
    (b)  Individuals may purchase  certified  long-term  care
insurance  policies  which  cover  long-term care services in
amounts equal to the resources they wish to protect.
    (b-5)  An individual may purchase a  certified  long-term
care  insurance  policy  which protects an individual's total
assets.  To be eligible for total asset protection, an amount
equal to the average  cost  of  4  years  of  long-term  care
services in a nursing facility must be purchased.
    (b-7)  Although  a  resource  has  been  protected by the
Partnership Policy, income is to be applied to  the  cost  of
care when the insured becomes Medicaid eligible.
    (c)  The  resource  protection provided by this Act shall
be effective only for long-term  care  policies  which  cover
long-term  care  services,  that  are  delivered,  issued for
delivery, or renewed on or after July 1, 1992.
    (d)  When an individual purchases a  certified  long-term
care  insurance  policy, the issuer must notify the purchaser
of the benefits of purchasing inflation  protection  for  the
long-term care insurance policy.
    (e)  An  insurance company may offer for sale a policy as
described in paragraph (b) of this Section or paragraph (b-5)
of this Section or both types of policies.
(Source: P.A. 89-507,  eff.  7-1-97;  89-525,  eff.  7-19-96;
revised 8-27-96.)

    (320 ILCS 35/30) (from Ch. 23, par. 6801-30)
    Sec.  30.   Certification  of policies and contracts. The
Department of Insurance shall  certify  only  long-term  care
insurance  policies  which  cover long-term care that provide
all of the following:
         (1)  Individual case management  by  a  coordinating
    entity designated or approved by the Department on Aging.
         (2)  The  levels and durations of benefits that meet
    minimum standards set by the Department of Insurance.
         (3)  A   record   keeping   system   including    an
    explanation  of  benefit reports on insurance payments or
    benefits that count toward Medicaid resource exclusion.
         (4)  Approval  of  the  insurance  policy   by   the
    Department of Insurance Human.
         (5)  Compliance  with any other requirements imposed
    by the Departments through  regulations  consistent  with
    the purposes of this Act.
(Source:  P.A.  89-507,  eff.  7-1-97;  89-525, eff. 7-19-96;
revised 8-27-96.)

    (320 ILCS 35/50) (from Ch. 23, par. 6801-50)
    Sec. 50.  Task force.
    (a)  An executive and  legislative  advisory  task  force
shall   be  created  to  provide  advice  and  assistance  in
designing and implementing the Partnership for Long-term Care
Program. The task force shall be composed of representatives,
designated by the director (or  Secretary)  of  each  of  the
following agencies or departments:
         (1)  The Department on Aging.
         (2)  The Department of Public Aid.
         (3)  (Blank). Human
         (4)  The Department of Insurance.
         (5)  The   Department   of  Commerce  and  Community
    Affairs.
         (6)  The Legislative Research Unit.
    (b)  The  task   force   shall   consult   with   persons
knowledgeable   of   and   concerned   with  long-term  care,
including, but not limited to the following:
         (1)  Consumers.
         (2)  Health care providers.
         (3)  Representatives  of  long-term  care  insurance
    companies and administrators of health care service plans
    that cover long-term care services.
         (4)  Providers of long-term care.
         (5)  Private employers.
         (6)  Academic  specialists  in  long-term  care  and
    aging.
         (7)  Representatives of the  public  employees'  and
    teachers' retirement systems.
    (c)  The task force shall be established, and its members
designated,  not  later  than  March 1, 1993.  The task force
shall  make  recommendations  to  the  Department  on   Aging
concerning  the policy components of the program on or before
September 1, 1993.
(Source: P.A.  88-328;  89-507,  eff.  7-1-97;  89-525,  eff.
7-19-96; revised 8-23-96.)

    (320 ILCS 35/60) (from Ch. 23, par. 6801-60)
    Sec. 60.  Administrative costs.
    (a)  The  Department  on  Aging,  in conjunction with the
Department of Public Aid, Human the Department of  Insurance,
and  the  Department of Commerce and Community Affairs, shall
submit applications for State or federal  grants  or  federal
waivers,  or  funding  from  nationally  distributed  private
foundation  grants, or insurance reimbursements to be used to
pay the administrative  expenses  of  implementation  of  the
program.   The Department on Aging, in conjunction with those
other departments, also shall seek  moneys  from  these  same
sources   for   the  purpose  of  implementing  the  program,
including moneys appropriated for that purpose.
    (b)  In implementing this Act, the  Department  on  Aging
may  negotiate  contracts,  on a nonbid basis, with long-term
care insurers, health  care  insurers,  health  care  service
plans,  or  both, for the provision of coverage for long-term
care services that will meet the  certification  requirements
set  forth  in  Section 30 and the other requirements of this
Act.
(Source: P.A.  88-328;  89-507,  eff.  7-1-97;  89-525,  eff.
7-19-96; revised 8-26-96.)

    Section  2-200.   The  Interagency Board for Children who
are  Deaf  or  Hard-of-Hearing  and  have  an  Emotional   or
Behavioral  Disorder  Act is amended by changing Section 4 as
follows:

    (325 ILCS 35/4) (from Ch. 23, par. 6704)
    Sec. 4.  Appointment.  The  Board  shall  consist  of  12
members, one of whom shall be appointed by the Governor.  The
State  Superintendent  of  Education shall appoint 2 members,
one of whom shall be a parent of  a  child  who  is  deaf  or
hard-of-hearing  and has an emotional or behavioral disorder,
and one of whom shall be an  employee  of  the  agency.   The
Director  of  Children  and  Family  Services shall appoint 2
members, one of whom shall be a  parent,  foster  parent,  or
legal  guardian of a child who is deaf or hard-of-hearing and
has an emotional or behavioral  disorder,  and  one  of  whom
shall  be  an employee of the agency.  The Secretary of Human
Services shall appoint 4 members, 2  one  of  whom  shall  be
parents  a parent of children a child who are is deaf or hard
of hearing and have has an emotional or behavioral  disorder,
one  of  whom  shall  be  a  parent of a child who is deaf or
hard-of-hearing and has an emotional or behavioral  disorder,
and 2 of whom shall be employees of the agency.
    The  Director  of Public Aid shall appoint one member who
shall be an  employee  of  the  agency.   The  Community  and
Residential  Services  Authority  for  Behavior Disturbed and
Severe  Emotionally  Disturbed  Students  shall  appoint  one
member who shall be an employee of  the  Authority,  and  the
Director  of  the  Division  of Specialized Care for Children
shall appoint one member who shall be  an  employee  of  that
agency.
    Each  appointing  authority  shall give preference to any
qualified deaf  employee  when  making  appointments  to  the
Board.
(Source: P.A.  89-507,  eff.  7-1-97;  89-680,  eff.  1-1-97;
revised 1-7-97.)

    Section  2-205.   The  Environmental  Protection  Act  is
amended  by  changing  Sections 22.2, 22.15, 39, and 57.14 as
follows:

    (415 ILCS 5/22.2) (from Ch. 111 1/2, par. 1022.2)
    Sec. 22.2.  Hazardous waste; fees; liability.
    (a)  There are hereby created within the State Treasury 2
special funds to be  known  respectively  as  the  "Hazardous
Waste   Fund"   and  the  "Hazardous  Waste  Research  Fund",
constituted from the fees collected pursuant to this Section.
    (b) (1)  On and after January 1, 1989, the  Agency  shall
collect  from  the owner or operator of each of the following
sites a fee in the amount of:
         (A)  6 cents per gallon or $12.12 per cubic yard  of
    hazardous  waste  disposed for 1989, 7.5 cents per gallon
    or $15.15 per cubic yard for 1990 and 9 cents per  gallon
    or  $18.18  per  cubic  yard thereafter, if the hazardous
    waste disposal site is located off the  site  where  such
    waste was produced. The maximum amount payable under this
    subdivision  (A)  with  respect  to  the  hazardous waste
    generated  by  a  single  generator  and   deposited   in
    monofills  is  $20,000  for  1989,  $25,000 for 1990, and
    $30,000 per year thereafter.  If, as a result of the  use
    of  multiple  monofills,  waste  fees  in  excess  of the
    maximum are assessed  with  respect  to  a  single  waste
    generator,  the  generator  may apply to the Agency for a
    credit.
         (B)  6 cents per gallon or $12.12 per cubic yard  of
    hazardous  waste  disposed for 1989, 7.5 cents per gallon
    or $15.15 per cubic yard for 1990 and 9 cents  or  $18.18
    per   cubic  yard  thereafter,  if  the  hazardous  waste
    disposal site is located on the site where such waste was
    produced, provided however the  maximum  amount  of  fees
    payable  under  this  paragraph  (B) is $20,000 for 1989,
    $25,000 for 1990 and $30,000 per year thereafter for each
    such hazardous waste disposal site.
         (C)  If the hazardous  waste  disposal  site  is  an
    underground  injection  well, $6,000 per year if not more
    than 10,000,000 gallons per year  are  injected,  $15,000
    per  year  if  more  than 10,000,000 gallons but not more
    than  50,000,000  gallons  per  year  are  injected,  and
    $27,000 per year if more than 50,000,000 gallons per year
    are injected.
         (D)  2 cents per gallon or $4.04 per cubic yard  for
    1989,  2.5  cents  per gallon or $5.05 per cubic yard for
    1990, and 3 cents per gallon  or  $6.06  per  cubic  yard
    thereafter of hazardous waste received for treatment at a
    hazardous  waste  treatment  site, if the hazardous waste
    treatment site is located off the site where  such  waste
    was  produced  and if such hazardous waste treatment site
    is owned, controlled and operated by a person other  than
    the  generator  of  such  waste.  After treatment at such
    hazardous waste treatment site, the waste  shall  not  be
    subject  to any other fee imposed by this subsection (b).
    For purposes of this subsection (b), the term "treatment"
    is defined as in  Section  3.49  but  shall  not  include
    recycling, reclamation or reuse.
    (2)  The  General  Assembly shall annually appropriate to
the Fund such amounts as it deems necessary  to  fulfill  the
purposes of this Act.
    (3)  Whenever  the  unobligated  balance of the Hazardous
Waste Fund exceeds $10,000,000, the Agency shall suspend  the
collection of the fees provided for in this Section until the
unobligated balance of the Fund falls below $8,000,000.
    (4)  Of the amount collected as fees provided for in this
Section,  the  Agency  shall  manage the use of such funds to
assure that sufficient funds are available for match  towards
federal  expenditures  for response action at sites which are
listed on the National Priorities  List;  provided,  however,
that  this  shall not apply to additional monies appropriated
to the Fund by the General Assembly, nor shall  it  apply  in
the  event  that  the  Director  finds  that  revenues in the
Hazardous Waste Fund must be used to address conditions which
create or may create an immediate danger to  the  environment
or public health or to the welfare of the people of the State
of Illinois.
    (5)  Notwithstanding   the   other   provisions  of  this
subsection (b), sludge from  a  publicly-owned  sewage  works
generated   in   Illinois,  coal  mining  wastes  and  refuse
generated in Illinois, bottom boiler ash, flyash and flue gas
desulphurization  sludge   from   public   utility   electric
generating  facilities located in Illinois, and bottom boiler
ash and flyash from all  incinerators  which  process  solely
municipal waste shall not be subject to the fee.
    (6)  For  the purposes of this subsection (b), "monofill"
means a facility, or a unit at a facility, that accepts  only
wastes  bearing the same USEPA hazardous waste identification
number, or compatible wastes as determined by the Agency.
    (c)  The Agency shall  establish  procedures,  not  later
than  January 1, 1984, relating to the collection of the fees
authorized by this Section. Such  procedures  shall  include,
but  not be limited to: (1) necessary records identifying the
quantities of hazardous waste received or disposed;  (2)  the
form  and  submission  of reports to accompany the payment of
fees to the Agency; and (3) the time and manner of payment of
fees to the Agency, which payments shall be  not  more  often
than quarterly.
    (d)  Beginning July 1, 1996, the Agency shall deposit all
such  receipts  in  the  State  Treasury to the credit of the
Hazardous Waste Fund, except as provided in subsection (e) of
this Section. All monies in the Hazardous Waste Fund shall be
used by the Agency for the following purposes:
         (1)  Taking whatever preventive or corrective action
    is necessary or appropriate, in  circumstances  certified
    by  the Director, including but not limited to removal or
    remedial  action  whenever  there   is   a   release   or
    substantial  threat of a release of a hazardous substance
    or pesticide; provided, the Agency shall expend  no  more
    than   $1,000,000   on   any   single   incident  without
    appropriation by the General Assembly.
         (2)  To meet any requirements which must be  met  by
    the  State  in  order to obtain federal funds pursuant to
    the Comprehensive  Environmental  Response,  Compensation
    and Liability Act of 1980, (P.L. 96-510).
         (3)  In  an amount up to 30% of the amount collected
    as fees provided for in this  Section,  for  use  by  the
    Agency  to  conduct  groundwater  protection  activities,
    including  providing grants to appropriate units of local
    government which are addressing protection of underground
    waters pursuant to the provisions of this Act.
         (4)  To fund the development and  implementation  of
    the model pesticide collection program under Section 19.1
    of the Illinois Pesticide Act.
         (5)  To  the  extent  the  Agency  has  received and
    deposited monies in the Fund other  than  fees  collected
    under subsection (b) of this Section, to pay for the cost
    of  Agency  employees  for services provided in reviewing
    the performance of response  actions  pursuant  to  Title
    XVII of this Act.
         (6)  In  an  amount  up to 15% of the fees collected
    annually under subsection (b) of this Section, for use by
    the Agency for administration of the provisions  of  this
    Section. of Public Health
    (e)  The   Agency  shall  deposit  10%  of  all  receipts
collected under subsection (b) of this Section,  but  not  to
exceed $200,000 per year, in the State Treasury to the credit
of the Hazardous Waste Research Fund established by this Act.
Pursuant  to  appropriation, all monies in such Fund shall be
used by the Department of Natural Resources for the  purposes
set forth in this subsection.
    The  Department  of  Natural  Resources  may  enter  into
contracts with business, industrial, university, governmental
or  other qualified individuals or organizations to assist in
the research and development intended to recycle, reduce  the
volume   of,  separate,  detoxify  or  reduce  the  hazardous
properties of hazardous wastes in Illinois.   Monies  in  the
Fund  may also be used by the Department of Natural Resources
for technical studies, monitoring activities, and educational
and research activities which are related to  the  protection
of   underground  waters.   Monies  in  the  Hazardous  Waste
Research Fund may be used to administer the  Illinois  Health
and   Hazardous  Substances  Registry  Act.   Monies  in  the
Hazardous Waste Research Fund  shall  not  be  used  for  any
sanitary  landfill  or the acquisition or construction of any
facility.  This does not preclude the purchase  of  equipment
for  the  purpose  of  public  demonstration  projects.   The
Department  of  Natural  Resources shall adopt guidelines for
cost sharing, selecting,  and  administering  projects  under
this subsection.
    (f)  Notwithstanding  any other provision or rule of law,
and subject only to the defenses set forth in subsection  (j)
of  this  Section,  the following persons shall be liable for
all costs of removal or remedial action incurred by the State
of Illinois or any unit of local government as a result of  a
release  or  substantial  threat  of a release of a hazardous
substance or pesticide:
         (1)  the owner and operator of a facility or  vessel
    from  which  there  is a release or substantial threat of
    release of a hazardous substance or pesticide;
         (2)  any  person  who  at  the  time  of   disposal,
    transport,  storage or treatment of a hazardous substance
    or pesticide owned or operated  the  facility  or  vessel
    used  for  such disposal, transport, treatment or storage
    from which there was a release or substantial threat of a
    release of any such hazardous substance or pesticide;
         (3)  any  person  who  by  contract,  agreement,  or
    otherwise has arranged with another party or  entity  for
    transport,  storage,  disposal  or treatment of hazardous
    substances or pesticides owned, controlled  or  possessed
    by such person at a facility owned or operated by another
    party or entity from which facility there is a release or
    substantial   threat  of  a  release  of  such  hazardous
    substances or pesticides; and
         (4)  any  person  who  accepts   or   accepted   any
    hazardous  substances  or  pesticides  for  transport  to
    disposal,  storage  or treatment facilities or sites from
    which there is a release or a  substantial  threat  of  a
    release of a hazardous substance or pesticide.
    Any  monies received by the State of Illinois pursuant to
this subsection (f) shall be deposited in the State  Treasury
to the credit of the Hazardous Waste Fund.
    In  accordance with the other provisions of this Section,
costs of removal or remedial action incurred  by  a  unit  of
local  government  may  be  recovered in an action before the
Board  brought  by  the  unit  of  local   government   under
subsection  (i)  of  this  Section.   Any monies so recovered
shall be paid to the unit of local government.
    (g)(1)  No indemnification,  hold  harmless,  or  similar
agreement  or  conveyance shall be effective to transfer from
the owner or operator of any vessel or facility or  from  any
person  who may be liable for a release or substantial threat
of a release under this Section,  to  any  other  person  the
liability  imposed  under  this  Section.   Nothing  in  this
Section  shall  bar any agreement to insure, hold harmless or
indemnify a party to such agreements for any liability  under
this Section.
    (2)  Nothing in this Section, including the provisions of
paragraph (g)(1) of this Section, shall bar a cause of action
that  an  owner  or  operator  or any other person subject to
liability under this Section, or a guarantor,  has  or  would
have,  by  reason  of  subrogation  or  otherwise against any
person.
    (h)  For purposes of this Section:
         (1)  The term "facility" means:
              (A)  any  building,  structure,   installation,
         equipment,   pipe  or  pipeline  including  but  not
         limited to any pipe into a sewer or  publicly  owned
         treatment    works,   well,   pit,   pond,   lagoon,
         impoundment,  ditch,  landfill,  storage  container,
         motor vehicle, rolling stock, or aircraft; or
              (B)  any  site  or  area  where   a   hazardous
         substance  has  been deposited, stored, disposed of,
         placed, or otherwise come to be located.
         (2)  The term "owner or operator" means:
              (A)  any person owning or operating a vessel or
         facility;
              (B)  in the case of an abandoned facility,  any
         person owning or operating the abandoned facility or
         any   person   who  owned,  operated,  or  otherwise
         controlled  activities  at  the  abandoned  facility
         immediately prior to such abandonment;
              (C)  in the case of a land trust as defined  in
         Section  2 of the Land Trustee as Creditor Act,  the
         person owning the beneficial interest  in  the  land
         trust;
              (D)  in  the  case of a fiduciary (other than a
         land trustee), the estate, trust  estate,  or  other
         interest  in  property held in a fiduciary capacity,
         and not the fiduciary.  For  the  purposes  of  this
         Section,  "fiduciary"  means  a  trustee,  executor,
         administrator,  guardian,  receiver,  conservator or
         other person holding  a  facility  or  vessel  in  a
         fiduciary capacity;
              (E)  in  the case of a "financial institution",
         meaning the Illinois Housing  Development  Authority
         and  that  term  as  defined  in  Section  2  of the
         Illinois Banking Act, that has  acquired  ownership,
         operation,  management,  or  control  of a vessel or
         facility through foreclosure or under the terms of a
         security interest held by the financial  institution
         or under the terms of an extension of credit made by
         the financial institution, the financial institution
         only  if  the financial institution takes possession
         of  the  vessel  or  facility  and   the   financial
         institution  exercises actual, direct, and continual
         or recurrent managerial control in the operation  of
         the  vessel  or  facility  that  causes a release or
         substantial threat  of  a  release  of  a  hazardous
         substance  or  pesticide  resulting  in  removal  or
         remedial action;
              (F)  In  the  case  of  an owner of residential
         property, the owner if the owner is a  person  other
         than an individual, or if the owner is an individual
         who owns more than 10 dwelling units in Illinois, or
         if   the   owner,   or   an  agent,  representative,
         contractor, or employee of the  owner,  has  caused,
         contributed to, or allowed the release or threatened
         release  of  a hazardous substance or pesticide. The
         term  "residential  property"  means  single  family
         residences of one to  4  dwelling  units,  including
         accessory    land,    buildings,   or   improvements
         incidental to those dwellings that  are  exclusively
         used  for  the residential use. For purposes of this
         subparagraph (F),  the  term  "individual"  means  a
         natural  person, and shall not include corporations,
         partnerships, trusts, or other non-natural persons.
              (G)  In the case  of  any  facility,  title  or
         control  of  which  was  conveyed due to bankruptcy,
         foreclosure,  tax   delinquency,   abandonment,   or
         similar   means   to   a  unit  of  State  or  local
         government,  any  person  who  owned,  operated,  or
         otherwise  controlled  activities  at  the  facility
         immediately beforehand.
              (H)  The term  "owner  or  operator"  does  not
         include  a  unit  of State or local government which
         acquired ownership or  control  through  bankruptcy,
         tax delinquency, abandonment, or other circumstances
         in  which the government acquires title by virtue of
         its function as sovereign.  The  exclusion  provided
         under this paragraph shall not apply to any State or
         local  government which has caused or contributed to
         the release or threatened  release  of  a  hazardous
         substance  from  the  facility,  and such a State or
         local government shall be subject to the  provisions
         of  this  Act  in  the  same  manner and to the same
         extent, both procedurally and substantively, as  any
         nongovernmental  entity,  including  liability under
         Section 22.2(f).
    (i)  The costs and damages provided for in  this  Section
may  be  imposed by the Board in an action brought before the
Board in accordance with Title VIII of this Act, except  that
Section 33(c) of this Act shall not apply to any such action.
    (j) (1)  There  shall  be no liability under this Section
for  a  person  otherwise  liable  who  can  establish  by  a
preponderance of the evidence that the release or substantial
threat of release of a hazardous substance  and  the  damages
resulting therefrom were caused solely by:
         (A)  an act of God;
         (B)  an act of war;
         (C)  an  act or omission of a third party other than
    an employee or agent of the defendant, or other than  one
    whose  act  or  omission  occurs  in  connection  with  a
    contractual    relationship,    existing    directly   or
    indirectly, with the defendant  (except  where  the  sole
    contractual  arrangement  arises  from a published tariff
    and acceptance for carriage by a common carrier by rail),
    if the defendant establishes by a  preponderance  of  the
    evidence  that  (i) he exercised due care with respect to
    the   hazardous   substance   concerned,   taking    into
    consideration   the  characteristics  of  such  hazardous
    substance,  in  light   of   all   relevant   facts   and
    circumstances,  and  (ii)  he  took  precautions  against
    foreseeable acts or omissions of any such third party and
    the  consequences that could foreseeably result from such
    acts or omissions; or
         (D)  any combination of the foregoing paragraphs.
    (2)  There shall be no liability under this  Section  for
any release permitted by State or federal law.
    (3)  There  shall  be no liability under this Section for
damages as a result of actions taken or omitted in the course
of rendering care, assistance, or advice in  accordance  with
this Section or the National Contingency Plan pursuant to the
Comprehensive   Environmental   Response,   Compensation  and
Liability Act of 1980 (P.L. 96-510) or at the direction of an
on-scene coordinator appointed under such plan, with  respect
to  an incident creating a danger to public health or welfare
or the environment as a result of any release of a  hazardous
substance  or  a substantial threat thereof.  This subsection
shall not preclude liability for damages  as  the  result  of
gross  negligence  or  intentional  misconduct on the part of
such person.  For the purposes  of  the  preceding  sentence,
reckless,  willful,  or  wanton  misconduct  shall constitute
gross negligence.
    (4)  There shall be no liability under this  Section  for
any  person  (including,  but  not  limited  to,  an owner of
residential  property  who  applies  a   pesticide   to   the
residential  property  or  who  has  another  person  apply a
pesticide to the residential property) for response costs  or
damages  as  the  result of the storage, handling and use, or
recommendation for storage, handling and use, of a  pesticide
consistent with:
         (A)  its directions for storage, handling and use as
    stated in its label or labeling;
         (B)  its  warnings  and  cautions  as  stated in its
    label or labeling; and
         (C)  the uses for which it is registered  under  the
    Federal  Insecticide,  Fungicide  and Rodenticide Act and
    the Illinois Pesticide Act.
    (4.5)  There shall  be  no  liability  under  subdivision
(f)(1)  of  this Section for response costs or damages as the
result of a release  of  a  pesticide  from  an  agrichemical
facility  site  if  the  Agency  has received notice from the
Department of Agriculture pursuant to  Section  19.3  of  the
Illinois   Pesticide  Act,  the  owner  or  operator  of  the
agrichemical facility is proceeding with a corrective  action
plan  under the Agrichemical Facility Response Action Program
implemented under that Section, and the Agency has provided a
written endorsement of a corrective action plan.
    (4.6)  There shall  be  no  liability  under  subdivision
(f)(1)  of  this Section for response costs or damages as the
result of a substantial threat of a release  of  a  pesticide
from an agrichemical facility site if the Agency has received
notice from the Department of Agriculture pursuant to Section
19.3  of the Illinois Pesticide Act and the owner or operator
of the agrichemical facility is proceeding with a  corrective
action  plan  under the Agrichemical Facility Response Action
Program implemented under that Section.
    (5)  Nothing in  this  subsection  (j)  shall  affect  or
modify  in any way the obligations or liability of any person
under any other provision of this Act  or  State  or  Federal
law,  including  common  law,  for  damages,  injury, or loss
resulting from a release or substantial threat of  a  release
of  any hazardous substance or for removal or remedial action
or the costs of removal or remedial action of such  hazardous
substance.
    (6)(A)  The  term  "contractual  relationship",  for  the
purpose  of  this subsection includes, but is not limited to,
land contracts, deeds or other instruments transferring title
or possession, unless the real property on which the facility
concerned is located was acquired by the defendant after  the
disposal  or  placement of the hazardous substance on, in, or
at the  facility,  and  one  or  more  of  the  circumstances
described  in clause (i), (ii), or (iii) of this paragraph is
also established by the defendant by a preponderance  of  the
evidence:
         (i)  At the time the defendant acquired the facility
    the defendant did not know and had no reason to know that
    any  hazardous  substance  which  is  the  subject of the
    release or threatened release was disposed of on,  in  or
    at the facility.
         (ii)  The  defendant  is  a  government entity which
    acquired the facility by escheat, or  through  any  other
    involuntary  transfer  or  acquisition,  or  through  the
    exercise  of  eminent  domain  authority  by  purchase or
    condemnation.
         (iii)  The  defendant  acquired  the   facility   by
    inheritance or bequest.
    In  addition to establishing the foregoing, the defendant
must establish that he  has  satisfied  the  requirements  of
subparagraph (C) of paragraph (l) of this subsection (j).
    (B)  To establish the defendant had no reason to know, as
provided in clause (i) of subparagraph (A) of this paragraph,
the   defendant   must   have  undertaken,  at  the  time  of
acquisition,  all  appropriate  inquiry  into  the   previous
ownership  and  uses  of  the  property  consistent with good
commercial or customary practice in  an  effort  to  minimize
liability.  For purposes of the preceding sentence, the court
shall   take   into  account  any  specialized  knowledge  or
experience on the part of the defendant, the relationship  of
the   purchase   price  to  the  value  of  the  property  if
uncontaminated, commonly known  or  reasonably  ascertainable
information  about  the  property,  the  obviousness  of  the
presence or likely presence of contamination at the property,
and  the  ability to detect such contamination by appropriate
inspection.
    (C)  Nothing in this paragraph (6) or in subparagraph (C)
of paragraph  (1)  of  this  subsection  shall  diminish  the
liability  of any previous owner or operator of such facility
who would otherwise be liable under this Act. Notwithstanding
this  paragraph  (6),  if  the  defendant   obtained   actual
knowledge of the release or threatened release of a hazardous
substance  at such facility when the defendant owned the real
property and then subsequently transferred ownership  of  the
property to another person without disclosing such knowledge,
such  defendant  shall  be treated as liable under subsection
(f) of this Section and no defense under subparagraph (C)  of
paragraph  (1)  of this subsection shall be available to such
defendant.
    (D)  Nothing in  this  paragraph  (6)  shall  affect  the
liability  under  this  Act of a defendant who, by any act or
omission, caused or contributed to the release or  threatened
release  of a hazardous substance which is the subject of the
action relating to the facility.
    (E) (i)  Except  as  provided  in  clause  (ii)  of  this
subparagraph (E), a defendant who has acquired real  property
shall  have  established a rebuttable presumption against all
State claims and a conclusive presumption against all private
party claims that the  defendant  has  made  all  appropriate
inquiry  within  the  meaning  of  subdivision (6)(B) of this
subsection (j) if the defendant proves that immediately prior
to or at the time of the acquisition:
         (I)  the defendant obtained a Phase I  Environmental
    Audit  of  the  real  property  that meets or exceeds the
    requirements of this subparagraph (E), and  the  Phase  I
    Environmental  Audit  did  not  disclose  the presence or
    likely presence of a release or a substantial threat of a
    release of a hazardous substance or pesticide at, on, to,
    or from the real property; or
         (II)  the   defendant   obtained    a    Phase    II
    Environmental  Audit  of  the real property that meets or
    exceeds the requirements of this  subparagraph  (E),  and
    the  Phase  II  Environmental  Audit did not disclose the
    presence or likely presence of a release or a substantial
    threat of a release of a hazardous substance or pesticide
    at, on, to, or from the real property.
    (ii)  No presumption shall be created under clause (i) of
this subparagraph (E), and a  defendant  shall  be  precluded
from   demonstrating   that   the   defendant  has  made  all
appropriate inquiry within the meaning of subdivision  (6)(B)
of this subsection (j), if:
         (I)  the defendant fails to obtain all Environmental
    Audits  required  under this subparagraph (E) or any such
    Environmental  Audit  fails  to  meet   or   exceed   the
    requirements of this subparagraph (E);
         (II)  a  Phase  I  Environmental Audit discloses the
    presence or likely presence of a release or a substantial
    threat of a release of a hazardous substance or pesticide
    at, on, to, or from  real  property,  and  the  defendant
    fails to obtain a Phase II Environmental Audit;
         (III)  a  Phase II Environmental Audit discloses the
    presence or likely presence of a release or a substantial
    threat of a release of a hazardous substance or pesticide
    at, on, to, or from the real property;
         (IV)  the defendant  fails  to  maintain  a  written
    compilation   and   explanatory  summary  report  of  the
    information reviewed in the course of each  Environmental
    Audit under this subparagraph (E); or
         (V)  there   is  any  evidence  of  fraud,  material
    concealment,  or  material   misrepresentation   by   the
    defendant  of  environmental  conditions  or  of  related
    information   discovered   during   the   course   of  an
    Environmental Audit.
    (iii)  For purposes of this subparagraph  (E),  the  term
"environmental  professional" means an individual (other than
a  practicing  attorney)  who,  through  academic   training,
occupational  experience,  and reputation (such as engineers,
industrial hygienists, or geologists) can objectively conduct
one or more aspects of an Environmental Audit and who either:
         (I)  maintains at  the  time  of  the  Environmental
    Audit  and  for  at  least  one  year thereafter at least
    $500,000  of  environmental   consultants'   professional
    liability  insurance  coverage  issued  by  an  insurance
    company licensed to do business in Illinois; or
         (II)  is  an Illinois licensed professional engineer
    or an Illinois licensed industrial hygienist.
    An environmental professional may employ persons who  are
not  environmental professionals to assist in the preparation
of an Environmental Audit  if  such  persons  are  under  the
direct   supervision   and   control   of  the  environmental
professional.
    (iv)  For purposes of this  subparagraph  (E),  the  term
"real property" means any interest in any parcel of land, and
shall  not  be  limited  to  the definition of the term "real
property" contained in the Responsible Property Transfer  Act
of  1988.   For  purposes  of this subparagraph (E), the term
"real property" includes, but is not limited  to,  buildings,
fixtures, and improvements.
    (v)  For  purposes  of  this  subparagraph  (E), the term
"Phase I Environmental Audit" means an investigation of  real
property,   conducted   by  environmental  professionals,  to
discover the presence or likely presence of a  release  or  a
substantial  threat  of a release of a hazardous substance or
pesticide at, on, to, or from real property,  and  whether  a
release  or  a substantial threat of a release of a hazardous
substance or pesticide has occurred or may occur at, on,  to,
or from the real property.  The investigation shall include a
review   of  at  least  each  of  the  following  sources  of
information concerning the current and previous ownership and
use of the real property:
         (I)  Recorded chain of title documents regarding the
    real property, including all  deeds,  easements,  leases,
    restrictions, and covenants for a period of 50 years.
         (II)  Aerial photographs that may reflect prior uses
    of  the  real property and that are reasonably obtainable
    through State, federal, or local government  agencies  or
    bodies.
         (III)  Recorded environmental cleanup liens, if any,
    against  the  real  property that have arisen pursuant to
    this Act or federal statutes.
         (IV)  Reasonably  obtainable  State,  federal,   and
    local  government  records of sites or facilities at, on,
    or near the real property to  discover  the  presence  or
    likely  presence  of  a hazardous substance or pesticide,
    and whether a  release  or  a  substantial  threat  of  a
    release   of  a  hazardous  substance  or  pesticide  has
    occurred or may occur  at,  on,  to,  or  from  the  real
    property.  Such government records shall include, but not
    be limited to:  reasonably obtainable State, federal, and
    local government investigation reports for those sites or
    facilities;  reasonably  obtainable  State,  federal, and
    local government records of activities likely to cause or
    contribute to a release or  a  threatened  release  of  a
    hazardous  substance or pesticide at, on, to, or from the
    real property, including landfill  and  other  treatment,
    storage,   and  disposal  location  records,  underground
    storage tank records,  hazardous  waste  transporter  and
    generator records, and spill reporting records; and other
    reasonably   obtainable   State,   federal,   and   local
    government environmental records that report incidents or
    activities  that  are  likely to cause or contribute to a
    release or a threatened release of a hazardous  substance
    or  pesticide  at, on, to, or from the real property.  In
    order to be deemed "reasonably  obtainable"  as  required
    herein, a copy or reasonable facsimile of the record must
    be  obtainable  from the government agency by request and
    upon payment of a processing fee, if any, established  by
    the  government  agency.   The  Agency  is  authorized to
    establish  a  reasonable  fee  for  processing   requests
    received  under  this  subparagraph (E) for records.  All
    fees collected by the Agency under  this  clause  (v)(IV)
    shall  be  deposited  into  the  Environmental Protection
    Permit and Inspection Fund  in  accordance  with  Section
    22.8.  Notwithstanding any other law, if the fee is paid,
    commencing  on  the effective date of this amendatory Act
    of 1993 and until one year after the  effective  date  of
    this  amendatory  Act  of  1993, the Agency shall use its
    best efforts to process a  request  received  under  this
    subparagraph    (E)   as   expeditiously   as   possible.
    Notwithstanding any other law, commencing one year  after
    the effective date of this amendatory Act of 1993, if the
    fee  is paid, the Agency shall process a request received
    under this subparagraph (E) for records within 30 days of
    the receipt of such request.
         (V)  A visual site inspection of the  real  property
    and  all facilities and improvements on the real property
    and  a  visual  inspection  of   properties   immediately
    adjacent to the real property, including an investigation
    of  any  use,  storage,  treatment,  spills  from use, or
    disposal of hazardous substances, hazardous wastes, solid
    wastes, or pesticides.   If  the  person  conducting  the
    investigation  is  denied access to any property adjacent
    to the real property, the person shall conduct  a  visual
    inspection of that adjacent property from the property to
    which  the  person  does  have  access  and  from  public
    rights-of-way.
         (VI)  A review of business records for activities at
    or on the real property for a period of 50 years.
    (vi)  For  purposes  of subparagraph (E), the term "Phase
II  Environmental  Audit"  means  an  investigation  of  real
property,   conducted   by    environmental    professionals,
subsequent  to a Phase I Environmental Audit.  If the Phase I
Environmental Audit discloses the presence or likely presence
of a hazardous substance or a pesticide or  a  release  or  a
substantial  threat  of a release of a hazardous substance or
pesticide:
         (I)  In or to soil, the defendant, as  part  of  the
    Phase  II  Environmental Audit, shall perform a series of
    soil borings sufficient to determine whether there  is  a
    presence  or  likely presence of a hazardous substance or
    pesticide and whether there is or has been a release or a
    substantial threat of a release of a hazardous  substance
    or pesticide at, on, to, or from the real property.
         (II)  In  or  to groundwater, the defendant, as part
    of  the  Phase  II  Environmental  Audit,  shall:  review
    information   regarding   local   geology,   water   well
    locations, and locations of waters of the State as may be
    obtained  from  State,  federal,  and  local   government
    records,  including  but not limited to the United States
    Geological Service, the State Geological Survey  Division
    of  the  Department  of  Natural Resources, and the State
    Water  Survey  Division  of  the  Department  of  Natural
    Resources; and perform groundwater monitoring  sufficient
    to  determine  whether  there  is  a  presence  or likely
    presence of  a  hazardous  substance  or  pesticide,  and
    whether  there  is or has been a release or a substantial
    threat of a release of a hazardous substance or pesticide
    at, on, to, or from the real property.
         (III)  On  or  to   media   other   than   soil   or
    groundwater,  the  defendant,  as  part  of  the Phase II
    Environmental  Audit,  shall  perform  an   investigation
    sufficient  to  determine  whether there is a presence or
    likely presence of a hazardous  substance  or  pesticide,
    and  whether  there  is  or  has  been  a  release  or  a
    substantial  threat of a release of a hazardous substance
    or pesticide at, on, to, or from the real property.
    (vii)  The findings of each Environmental Audit  prepared
under  this  subparagraph (E) shall be set forth in a written
audit report.  Each audit report shall contain an affirmation
by the defendant and by each environmental  professional  who
prepared the Environmental Audit that the facts stated in the
report  are  true  and are made under a penalty of perjury as
defined in Section 32-2 of the Criminal Code of 1961.  It  is
perjury  for any person to sign an audit report that contains
a false material statement that the person does  not  believe
to be true.
    (viii)  The Agency is not required to review, approve, or
certify   the   results  of  any  Environmental  Audit.   The
performance of an Environmental Audit shall in no way entitle
a  defendant  to  a  presumption  of   Agency   approval   or
certification of the results of the Environmental Audit.
    The presence or absence of a disclosure document prepared
under the Responsible Property Transfer Act of 1988 shall not
be  a  defense  under  this  Act  and  shall  not satisfy the
requirements of subdivision (6)(A) of this subsection (j).
    (7)  No person shall be liable  under  this  Section  for
response  costs  or  damages  as  the  result  of a pesticide
release if the Agency has  found  that  a  pesticide  release
occurred  based  on  a  Health  Advisory  issued  by the U.S.
Environmental Protection Agency or an action level  developed
by the Agency, unless the Agency notified the manufacturer of
the pesticide and provided an opportunity of not less than 30
days  for  the  manufacturer  to comment on the technical and
scientific justification supporting the  Health  Advisory  or
action level.
    (8)  No  person  shall  be  liable under this Section for
response costs or  damages  as  the  result  of  a  pesticide
release  that  occurs  in  the  course  of  a  farm pesticide
collection  program  operated  under  Section  19.1  of   the
Illinois Pesticide Act, unless the release results from gross
negligence or intentional misconduct.
    (k)  If  any  person  who  is  liable  for  a  release or
substantial threat of release of  a  hazardous  substance  or
pesticide  fails  without sufficient cause to provide removal
or remedial action upon or in accordance with  a  notice  and
request by the Agency or upon or in accordance with any order
of  the  Board or any court, such person may be liable to the
State for punitive damages in an amount at  least  equal  to,
and  not  more than 3 times, the amount of any costs incurred
by the State of Illinois as a result of such failure to  take
such  removal  or  remedial  action.   The  punitive  damages
imposed  by  the  Board  shall  be  in  addition to any costs
recovered from such person pursuant to this  Section  and  in
addition  to any other penalty or relief provided by this Act
or any other law.
    Any  monies  received  by  the  State  pursuant  to  this
subsection (k) shall be  deposited  in  the  Hazardous  Waste
Fund.
    (l)  Beginning January 1, 1988, the Agency shall annually
collect  a  $250  fee  for  each Special Waste Hauling Permit
Application and, in addition, shall collect a fee of $20  for
each  waste  hauling  vehicle identified in the annual permit
application and for each vehicle which is added to the permit
during the annual period. The Agency  shall  deposit  85%  of
such  fees  collected  under this subsection (l) in the State
Treasury to the credit of the Hazardous Waste Research  Fund;
and shall deposit the remaining 15% of such fees collected in
the  State  Treasury  to  the  credit  of  the  Environmental
Protection  Permit and Inspection Fund.  The majority of such
receipts which are deposited in the Hazardous Waste  Research
Fund  pursuant  to  this  subsection  shall  be  used  by the
Department of Natural Resources for activities  which  relate
to the protection of underground waters.
    (m)  (Blank).
    (n)  (Blank).
(Source:  P.A.  88-438;  88-602,  eff.  9-1-94;  89-94,  eff.
7-6-95;  89-158,  eff. 1-1-96; 89-431, eff. 12-15-95; 89-443,
eff.  7-1-96;  89-445,  eff.  2-7-96;  89-626,  eff.  8-9-96;
revised 10-2-96.)

    (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"
constituted  from the fees collected by the State pursuant to
this Section and from repayments of loans made from the  Fund
for  solid  waste projects. Moneys received by the Department
of Commerce and Community Affairs in repayment of loans  made
pursuant  to the Illinois Solid Waste Management Act shall be
deposited into the  Solid  Waste  Management  Revolving  Loan
Fund.
    (b)  On  and  after  January  1,  1987,  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 45 cents  per  cubic  yard  (60¢  per
    cubic  yard  from  January  1,  1989 through December 31,
    1993), 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 95
    cents per ton ($1.27 per ton from January 1, 1989 through
    December 31, 1993) of solid  waste  permanently  disposed
    of. An owner or operator that is subject to any fee, tax,
    or  surcharge  imposed  under the authority of subsection
    (j) of this Section on September 26, 1991,  with  respect
    to  fees  due  to  the  Agency under this paragraph after
    December 31, 1991  and  before  January  1,  1994,  shall
    deduct  from  the amount paid to the Agency the amount by
    which the fee paid under subsection (j) exceeds 45  cents
    per  cubic yard or 95 cents per ton. In no case shall the
    fee collected or paid by the owner or operator under this
    paragraph exceed $1.05 per cubic yard or $2.22 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 $25,000 ($33,350 in
    1989, 1990 and 1991).
         (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 $11,300 ($15,500  in
    1989, 1990 and 1991).
         (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 $3,450 ($4,650 in
    1989, 1990 and 1991).
         (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 $500 ($650 in 1989, 1990 and 1991).
    (c)  From January 1, 1987 through December 31, 1988,  the
fee set forth in this Section shall not apply to:
         (1)  Solid waste which is hazardous waste;
         (2)  Any  landfill  which is permitted by the Agency
    to receive only  demolition  or  construction  debris  or
    landscape waste; or
         (3)  The following wastes:
              (A)  Foundry sand;
              (B)  Coal   combustion   by-product,  including
         scrubber waste and fluidized bed boiler waste  which
         does not contain metal cleaning waste;
              (C)  Slag  from  the  manufacture  of  iron and
         steel;
              (D)  Pollution Control Waste;
              (E)  Wastes  from  recycling,  reclamation   or
         reuse  processes  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;
              (F)  Non-hazardous solid waste that is received
         at a sanitary landfill after  January  1,  1987  and
         recycled through a process permitted by the Agency.
    (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 Community Affairs 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 through June 30, 1989, by the University
of Illinois for research consistent with the  Illinois  Solid
Waste Management 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.  of  Commerce  and  Community  Affairs  of
Commerce and Community Affairs
    (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 support  the  operations
of  an  industrial materials exchange service, and 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, to 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.  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)  45¢   per   cubic  yard  (60¢  per  cubic  yard
    beginning January 1, 1992) 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 95¢ per ton ($1.27 per  ton
    beginning  January  1,  1992)  of solid waste permanently
    disposed of.
         (2)  $25,000 ($33,350 beginning  in  1992)  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)  $11,300 ($15,500 beginning  in  1992)  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)  $3,450  ($4,650 beginning in 1992) 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)  $500  ($650 beginning in 1992) 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 or August 23, 1988, whichever is
later.  For the year commencing January 1, 1989, and at least
annually thereafter, 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  subsections (c) and (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 which is hazardous waste; or
         (2)  Waste which is pollution control waste; or
         (3)  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 solid waste that is received at a
    sanitary  landfill  and  composted  or recycled through a
    process permitted by the Agency; or
         (5)  Any landfill which is permitted by  the  Agency
    to  receive  only  demolition  or  construction debris or
    landscape waste.
(Source: P.A.  88-474;  89-93,  eff.  7-6-95;  89-443,   eff.
7-1-96; 89-445, eff. 2-7-96; revised 3-19-96.)

    (415 ILCS 5/39) (from Ch. 111 1/2, par. 1039)
    Sec. 39. Issuance of permits; procedures.
    (a)  When  the  Board has by regulation required a permit
for the construction, installation, or operation of any  type
of  facility,  equipment,  vehicle,  vessel, or aircraft, the
applicant shall apply to the Agency for such  permit  and  it
shall  be  the duty of the Agency to issue such a permit upon
proof by the applicant that the facility, equipment, vehicle,
vessel, or aircraft will not cause a violation of this Act or
of  regulations  hereunder.   The  Agency  shall  adopt  such
procedures as are necessary to carry  out  its  duties  under
this  Section. In granting permits the Agency may impose such
conditions as may be necessary to accomplish the purposes  of
this  Act,  and  as are not inconsistent with the regulations
promulgated by the Board  hereunder.    Except  as  otherwise
provided  in  this Act, a bond or other security shall not be
required as a condition for the issuance of a permit.  If the
Agency denies any permit under this Section, the Agency shall
transmit to the applicant within the time limitations of this
Section specific, detailed statements as to the  reasons  the
permit   application   was  denied.   Such  statements  shall
include, but not be limited to the following:
         (i)  the Sections of this Act which may be  violated
    if the permit were granted;
         (ii)  the  provision of the regulations, promulgated
    under this Act, which may be violated if the permit  were
    granted;
         (iii)  the  specific  type  of  information, if any,
    which the Agency deems the applicant did not provide  the
    Agency; and
         (iv)  a  statement  of  specific reasons why the Act
    and the regulations might not be met if the  permit  were
    granted.
    If  there is no final action by the Agency within 90 days
after the filing of the application for permit, the applicant
may deem the permit issued;  except  that  this  time  period
shall   be  extended  to  180  days  when  (1)    notice  and
opportunity for public  hearing  are  required  by  State  or
federal  law  or  regulation,  (2)  the application which was
filed is for any permit to  develop  a  landfill  subject  to
issuance  pursuant to this subsection, or (3) the application
that was filed is for a MSWLF unit required to  issue  public
notice under subsection (p) of Section 39.
    The  Agency  shall  publish  notice  of  all final permit
determinations for development permits for  MSWLF  units  and
for  significant  permit modifications for lateral expansions
for existing MSWLF units one time in a newspaper  of  general
circulation in the county in which the unit is or is proposed
to be located.
    After  January  1,  1994,  operating permits issued under
this Section by the  Agency  for  sources  of  air  pollution
permitted  to  emit  less  than  25  tons  per  year  of  any
combination  of  regulated  air  pollutants,  as  defined  in
Section  39.5  of  this  Act, shall be required to be renewed
only upon written  request  by  the  Agency  consistent  with
applicable provisions of this Act and regulations promulgated
hereunder.   Such  operating  permits  shall  expire 180 days
after the date of such a request.  The Board shall revise its
regulations for the existing State  air  pollution  operating
permit  program  consistent with this provision by January 1,
1994.
    (b)  The Agency may issue NPDES permits exclusively under
this subsection for the discharge of contaminants from  point
sources  into navigable waters, all as defined in the Federal
Water Pollution Control Act, as  now  or  hereafter  amended,
within the jurisdiction of the State, or into any well.
    All   NPDES   permits   shall  contain  those  terms  and
conditions,  including  but  not  limited  to  schedules   of
compliance,  which may be required to accomplish the purposes
and provisions of this Act.
    The Agency may issue general NPDES permits for discharges
from categories of point sources which  are  subject  to  the
same  permit limitations and conditions. Such general permits
may be  issued  without  individual  applications  and  shall
conform  to  regulations promulgated under Section 402 of the
Federal Water Pollution Control  Act,  as  now  or  hereafter
amended.
    The  Agency  may include, among such conditions, effluent
limitations and other  requirements  established  under  this
Act,  Board  regulations, the Federal Water Pollution Control
Act, as now or hereafter amended,  and  regulations  pursuant
thereto,  and schedules for achieving compliance therewith at
the earliest reasonable date.
    The Agency shall adopt filing requirements and procedures
which are necessary and appropriate for the issuance of NPDES
permits, and which are consistent with the Act or regulations
adopted by the Board, and with the  Federal  Water  Pollution
Control  Act,  as  now  or hereafter amended, and regulations
pursuant thereto.
    The Agency,  subject  to  any  conditions  which  may  be
prescribed  by  Board regulations, may issue NPDES permits to
allow discharges beyond deadlines established by this Act  or
by  regulations  of  the  Board  without the requirement of a
variance, subject to the Federal Water Pollution Control Act,
as  now  or  hereafter  amended,  and  regulations   pursuant
thereto.
    (c)  Except  for  those  facilities  owned or operated by
sanitary districts organized  under  the  Metropolitan  Water
Reclamation  District  Act,  no permit for the development or
construction of a  new  pollution  control  facility  may  be
granted  by  the Agency unless the applicant submits proof to
the Agency  that  the  location  of  the  facility  has  been
approved  by  the  County  Board  of  the  county  if  in  an
unincorporated   area,   or   the   governing   body  of  the
municipality when in  an  incorporated  area,  in  which  the
facility  is to be located in accordance with Section 39.2 of
this Act.
    Beginning August  20,  1993,  if  the  pollution  control
facility  consists  of  a  hazardous  or solid waste disposal
facility for  which  the  proposed  site  is  located  in  an
unincorporated  area  of  a  county with a population of less
than 100,000 and includes all or a portion  of  a  parcel  of
land  that  was, on April 1, 1993, adjacent to a municipality
having a population of less than 5,000, then the local siting
review required under this subsection (c) in conjunction with
any permit applied for after that date shall be performed  by
the  governing body of that adjacent municipality rather than
the county board of the county in which the proposed site  is
located;  and  for  the purposes of that local siting review,
any references in this Act  to  the  county  board  shall  be
deemed   to   mean   the  governing  body  of  that  adjacent
municipality; provided, however, that the provisions of  this
paragraph  shall not apply to any proposed site which was, on
April  1,  1993,  owned  in  whole  or  in  part  by  another
municipality.
    In the case of a pollution control facility for  which  a
development permit was issued before November 12, 1981, if an
operating  permit  has not been issued by the Agency prior to
August 31, 1989 for any portion of  the  facility,  then  the
Agency  may  not  issue  or  renew any development permit nor
issue an original operating permit for any  portion  of  such
facility  unless  the  applicant  has  submitted proof to the
Agency that the location of the facility has been approved by
the appropriate county  board  or  municipal  governing  body
pursuant to Section 39.2 of this Act.
    After   January  1,  1994,  if  a  solid  waste  disposal
facility, any portion for which an operating permit has  been
issued  by  the Agency, has not accepted waste disposal for 5
or more consecutive calendars years, before that facility may
accept any new or additional waste for  disposal,  the  owner
and  operator  must  obtain a new operating permit under this
Act for that facility unless  the  owner  and  operator  have
applied  to the Agency for a permit authorizing the temporary
suspension of waste acceptance. The Agency may  not  issue  a
new  operation  permit under this Act for the facility unless
the applicant has submitted proof  to  the  Agency  that  the
location  of the facility has been approved or re-approved by
the appropriate county  board  or  municipal  governing  body
under  Section  39.2  of  this  Act after the facility ceased
accepting waste.
    Except for those facilities owned or operated by sanitary
districts organized under the Metropolitan Water  Reclamation
District Act, and except for new pollution control facilities
governed  by  Section 39.2, and except for fossil fuel mining
facilities, the granting of a permit under this Act shall not
relieve the applicant from meeting and securing all necessary
zoning approvals from the unit of  government  having  zoning
jurisdiction over the proposed facility.
    Before beginning construction on any new sewage treatment
plant  or  sludge  drying  site  to be owned or operated by a
sanitary district  organized  under  the  Metropolitan  Water
Reclamation District Act  for which a new permit (rather than
the  renewal or amendment of an existing permit) is required,
such sanitary district shall hold a public hearing within the
municipality within which the  proposed  facility  is  to  be
located,  or  within  the  nearest  community if the proposed
facility is to be located within an unincorporated  area,  at
which  information  concerning the proposed facility shall be
made available to the public, and members of the public shall
be given the opportunity to express  their  views  concerning
the proposed facility.
    The  Agency  may  issue  a  permit  for a municipal waste
transfer  station  without  requiring  approval  pursuant  to
Section 39.2 provided that  the  following  demonstration  is
made:
         (1)  the  municipal  waste  transfer  station was in
    existence on  or  before  January  1,  1979  and  was  in
    continuous  operation  from January 1, 1979 to January 1,
    1993;
         (2)  the operator submitted a permit application  to
    the  Agency  to  develop  and operate the municipal waste
    transfer station during April of 1994;
         (3)  the operator can demonstrate  that  the  county
    board  of  the  county,  if  the municipal waste transfer
    station is in an unincorporated area,  or  the  governing
    body  of  the  municipality,  if  the  station  is  in an
    incorporated area, does not object to resumption  of  the
    operation of the station; and
         (4)  the site has local zoning approval.
    (d)  The  Agency may issue RCRA permits exclusively under
this subsection to persons owning or operating a facility for
the treatment, storage, or disposal  of  hazardous  waste  as
defined under this Act.
    All   RCRA   permits   shall   contain  those  terms  and
conditions,  including  but  not  limited  to  schedules   of
compliance,  which may be required to accomplish the purposes
and provisions of this Act.  The  Agency  may  include  among
such  conditions standards and other requirements established
under this Act, Board regulations, the Resource  Conservation
and  Recovery  Act  of  1976  (P.L.  94-580), as amended, and
regulations pursuant thereto, and may include  schedules  for
achieving  compliance  therewith  as  soon  as  possible. The
Agency  shall  require  that  a  performance  bond  or  other
security be provided as a condition for  the  issuance  of  a
RCRA permit.
    In  the  case of a permit to operate a hazardous waste or
PCB incinerator as defined in subsection (k) of  Section  44,
the  Agency shall require, as a condition of the permit, that
the operator of the facility perform  such  analyses  of  the
waste  to  be incinerated as may be necessary and appropriate
to ensure the safe operation of the incinerator.
    The Agency shall adopt filing requirements and procedures
which are necessary and appropriate for the issuance of  RCRA
permits, and which are consistent with the Act or regulations
adopted  by the Board, and with the Resource Conservation and
Recovery  Act  of  1976  (P.L.  94-580),  as   amended,   and
regulations pursuant thereto.
    The  applicant  shall  make  available  to the public for
inspection all documents submitted by the  applicant  to  the
Agency  in  furtherance of an application, with the exception
of trade secrets, at  the  office  of  the  county  board  or
governing  body  of  the municipality.  Such documents may be
copied upon payment of the actual cost of reproduction during
regular business hours of the local office.  The Agency shall
issue a written statement concurrent with its grant or denial
of the permit explaining the basis for its decision.
    (e)  The Agency may issue UIC permits  exclusively  under
this subsection to persons owning or operating a facility for
the  underground  injection  of contaminants as defined under
this Act.
    All UIC permits shall contain those terms and conditions,
including but not limited to schedules of  compliance,  which
may  be required to accomplish the purposes and provisions of
this Act.  The  Agency  may  include  among  such  conditions
standards  and other requirements established under this Act,
Board regulations, the Safe Drinking Water Act (P.L. 93-523),
as amended, and regulations pursuant thereto, and may include
schedules for  achieving  compliance  therewith.  The  Agency
shall  require  that  a performance bond or other security be
provided as a condition for the issuance of a UIC permit.
    The Agency shall adopt filing requirements and procedures
which are necessary and appropriate for the issuance  of  UIC
permits, and which are consistent with the Act or regulations
adopted  by  the  Board, and with the Safe Drinking Water Act
(P.L. 93-523), as amended, and regulations pursuant thereto.
    The applicant shall make  available  to  the  public  for
inspection,  all  documents submitted by the applicant to the
Agency in furtherance of an application, with  the  exception
of  trade  secrets,  at  the  office  of  the county board or
governing body of the municipality.  Such  documents  may  be
copied upon payment of the actual cost of reproduction during
regular business hours of the local office.  The Agency shall
issue a written statement concurrent with its grant or denial
of the permit explaining the basis for its decision.
    (f)  In  making any determination pursuant to Section 9.1
of this Act:
         (1)  The Agency shall have  authority  to  make  the
    determination  of  any question required to be determined
    by the Clean Air Act, as now or hereafter  amended,  this
    Act,  or  the  regulations  of  the  Board, including the
    determination of the  Lowest  Achievable  Emission  Rate,
    Maximum  Achievable Control Technology, or Best Available
    Control   Technology,   consistent   with   the   Board's
    regulations, if any.
         (2)  The Agency shall,  after  conferring  with  the
    applicant,  give  written  notice to the applicant of its
    proposed decision on the application including the  terms
    and  conditions of the permit to be issued and the facts,
    conduct or other basis upon which the Agency will rely to
    support its proposed action.
         (3)  Following such notice, the  Agency  shall  give
    the  applicant an opportunity for a hearing in accordance
    with the provisions of Sections 10-25  through  10-60  of
    the  Illinois Administrative Procedure Act.
    (g)  The  Agency  shall  include  as  conditions upon all
permits  issued  for  hazardous  waste  disposal  sites  such
restrictions upon  the  future  use  of  such  sites  as  are
reasonably   necessary  to  protect  public  health  and  the
environment, including permanent prohibition of  the  use  of
such sites for purposes which may create an unreasonable risk
of  injury  to  human  health  or  to the environment.  After
administrative and judicial challenges to  such  restrictions
have  been exhausted, the Agency shall file such restrictions
of record in the Office of the  Recorder  of  the  county  in
which the hazardous waste disposal site is located.
    (h)  A  hazardous  waste stream may not be deposited in a
permitted hazardous waste site unless specific  authorization
is  obtained  from  the  Agency by the generator and disposal
site owner and operator for  the  deposit  of  that  specific
hazardous  waste  stream.   The  Agency  may  grant  specific
authorization  for  disposal  of hazardous waste streams only
after  the  generator  has  reasonably   demonstrated   that,
considering    technological    feasibility    and   economic
reasonableness, the  hazardous  waste  cannot  be  reasonably
recycled for reuse, nor incinerated or chemically, physically
or  biologically  treated  so  as to neutralize the hazardous
waste and render it nonhazardous.  In granting  authorization
under  this Section, the Agency may impose such conditions as
may be necessary to accomplish the purposes of  the  Act  and
are  consistent  with this Act and regulations promulgated by
the  Board  hereunder.   If  the  Agency  refuses  to   grant
authorization under this Section, the applicant may appeal as
if  the  Agency  refused  to  grant a permit, pursuant to the
provisions of subsection (a) of Section 40 of this Act.   For
purposes of this subsection (h), the term "generator" has the
meaning  given  in  Section 3.12 of this Act, unless: (1) the
hazardous  waste  is  treated,  incinerated,   or   partially
recycled  for reuse prior to disposal, in which case the last
person who treats, incinerates,  or  partially  recycles  the
hazardous  waste  prior  to disposal is the generator; or (2)
the hazardous waste is from a response action, in which  case
the  person  performing the response action is the generator.
This subsection (h) does not apply  to  any  hazardous  waste
that is restricted from land disposal under 35 Ill. Adm. Code
728.
    (i)  Before issuing any RCRA permit or any permit for the
conduct   of   any   waste-transportation  or  waste-disposal
operation, the Agency shall  conduct  an  evaluation  of  the
prospective  operator's  prior experience in waste management
operations.  The  Agency  may  deny  such  a  permit  if  the
prospective operator  or  any  employee  or  officer  of  the
prospective operator has a history of:
         (1)  repeated violations of federal, State, or local
    laws,   regulations,  standards,  or  ordinances  in  the
    operation of refuse disposal facilities or sites; or
         (2)  conviction in this  or  another  State  of  any
    crime  which is a felony under the laws of this State, or
    conviction of a felony in a federal court; or
         (3)  proof of gross carelessness or incompetence  in
    handling,  storing, processing, transporting or disposing
    of any hazardous waste.
    (j)  The issuance under this Act of a permit to engage in
the surface mining of any resources other than  fossil  fuels
shall  not relieve the permittee from its duty to comply with
any  applicable  local  law  regulating   the   commencement,
location or operation of surface mining facilities.
    (k)  A  development permit issued under subsection (a) of
Section 39 for any facility or site which is required to have
a permit under subsection (d) of Section 21 shall  expire  at
the  end  of 2 calendar years from the date upon which it was
issued, unless within that period  the  applicant  has  taken
action to develop the facility or the site. In the event that
review  of the conditions of the development permit is sought
pursuant to Section 40 or 41, or permittee is prevented  from
commencing  development  of the facility or site by any other
litigation beyond  the  permittee's  control,  such  two-year
period  shall  be deemed to begin on the date upon which such
review  process or litigation is concluded.
    (l)  No permit shall be issued by the Agency  under  this
Act  for  construction  or  operation of any facility or site
located within the boundaries of any setback zone established
pursuant to this Act, where such construction or operation is
prohibited.
    (m)  The Agency may issue permits to  persons  owning  or
operating  a  facility  for  composting  landscape  waste. In
granting such permits, the Agency may impose such  conditions
as  may  be necessary to accomplish the purposes of this Act,
and as  are  not  inconsistent  with  applicable  regulations
promulgated  by  the  Board.  Except as otherwise provided in
this Act, a bond or other security shall not be required as a
condition for the issuance of a permit.  If the Agency denies
any permit pursuant to  this  subsection,  the  Agency  shall
transmit to the applicant within the time limitations of this
subsection  specific,  detailed  statements as to the reasons
the permit application was  denied.   Such  statements  shall
include but not be limited to the following:
         (1)  the  Sections  of this Act that may be violated
    if the permit were granted;
         (2)  the specific regulations  promulgated  pursuant
    to  this  Act  that  may  be  violated if the permit were
    granted;
         (3)  the specific information, if  any,  the  Agency
    deems the applicant did not provide in its application to
    the Agency; and
         (4)  a statement of specific reasons why the Act and
    the  regulations  might  be  violated  if the permit were
    granted.
    If no final action is taken by the Agency within 90  days
after the filing of the application for permit, the applicant
may  deem  the permit issued.  Any applicant for a permit may
waive the 90 day limitation by  filing  a  written  statement
with the Agency.
    The  Agency  shall issue permits for such facilities upon
receipt of an application that includes a  legal  description
of the site, a topographic map of the site drawn to the scale
of  200  feet  to  the  inch  or larger, a description of the
operation, including the area  served,  an  estimate  of  the
volume of materials to be processed, and documentation that:
         (1)  the facility includes a setback of at least 200
    feet from the nearest potable water supply well;
         (2)  the facility is located outside the boundary of
    the 10-year floodplain or the site will be floodproofed;
         (3)  the  facility  is  located  so  as  to minimize
    incompatibility with the  character  of  the  surrounding
    area,  including  at  least  a  200 foot setback from any
    residence,  and  in  the  case  of  a  facility  that  is
    developed or the permitted composting area  of  which  is
    expanded  after November 17, 1991, the composting area is
    located at least 1/8  mile  from  the  nearest  residence
    (other  than  a residence located on the same property as
    the facility);
         (4)  the design of the  facility  will  prevent  any
    compost  material  from being placed within 5 feet of the
    water table, will  adequately  control  runoff  from  the
    site,  and  will  collect and manage any leachate that is
    generated on the site;
         (5)  the operation  of  the  facility  will  include
    appropriate  dust  and odor control measures, limitations
    on operating hours, appropriate  noise  control  measures
    for shredding, chipping and similar equipment, management
    procedures  for  composting,  containment and disposal of
    non-compostable  wastes,  procedures  to  be   used   for
    terminating  operations  at  the  site, and recordkeeping
    sufficient to document the amount of materials  received,
    composted and otherwise disposed of; and
         (6)  the  operation  will be conducted in accordance
    with any applicable rules adopted by the Board.
    The Agency shall issue renewable permits  of  not  longer
than  10  years  in  duration for the composting of landscape
wastes, as defined in Section 3.70 of this Act, based on  the
above requirements.
    The   operator  of  any  facility  permitted  under  this
subsection (m) must submit a written annual statement to  the
Agency  on  or  before  April 1 of each year that includes an
estimate of the amount of material,  in  tons,  received  for
composting.
    (n)  The  Agency  shall  issue  permits  jointly with the
Department of Transportation for the dredging or  deposit  of
material  in  Lake  Michigan in accordance with Section 18 of
the Rivers, Lakes, and Streams Act.
    (o)  From September 4, 1990 until December 31,  1993,  no
permit  shall  be issued by the Agency for the development or
construction of any new facility intended to be used for  the
incineration   of  any hazardous waste. This subsection shall
not apply to facilities intended for use  for  combustion  of
potentially  infectious  medical  waste, for use as part of a
State or federally designated clean-up  action,  or  for  use
solely  for  the  conduct of research and the development and
demonstration  of  technologies  for  the   incineration   of
hazardous waste.
    (p) (1)  Any  person  submitting  an  application  for  a
permit  for a new MSWLF unit or for a lateral expansion under
subsection (t) of Section 21 of  this  Act  for  an  existing
MSWLF  unit that has not received and is not subject to local
siting approval under Section 39.2 of this Act shall  publish
notice   of   the  application  in  a  newspaper  of  general
circulation in the county in which the MSWLF unit  is  or  is
proposed  to  be  located.   The  notice must be published at
least 15 days before submission of the permit application  to
the  Agency.   The notice shall state the name and address of
the applicant, the location of the  MSWLF  unit  or  proposed
MSWLF unit, the nature and size of the MSWLF unit or proposed
MSWLF unit, the nature of the activity proposed, the probable
life   of   the   proposed  activity,  the  date  the  permit
application will be submitted, and a statement  that  persons
may  file  written  comments  with  the Agency concerning the
permit application within 30 days after  the  filing  of  the
permit  application unless the time period to submit comments
is extended by the Agency.
    When a permit applicant submits information to the Agency
to supplement a permit  application  being  reviewed  by  the
Agency,  the  applicant  shall not be required to reissue the
notice under this subsection.
    (2)  The Agency shall accept written comments  concerning
the  permit  application that are postmarked no later then 30
days after the filing of the permit application,  unless  the
time period to accept comments is extended by the Agency.
    (3)  Each applicant for a permit described in part (1) of
this  subsection  shall file a copy of the permit application
with the county board or governing body of  the  municipality
in  which  the  MSWLF unit is or is proposed to be located at
the same time the application is  submitted  to  the  Agency.
The  permit  application  filed  with  the  county  board  or
governing   body   of  the  municipality  shall  include  all
documents submitted to or to  be  submitted  to  the  Agency,
except  trade secrets as determined under Section 7.1 of this
Act.  The permit application and other documents on file with
the county board or governing body of the municipality  shall
be  made  available  for  public  inspection  during  regular
business  hours  at  the  office  of  the county board or the
governing body of the municipality and  may  be  copied  upon
payment of the actual cost of reproduction.
(Source: P.A.  88-45; 88-293; 88-320; 88-447; 88-464; 88-496;
88-670, eff. 12-2-94; 88-681,  eff.  12-22-94;  89-487,  eff.
6-21-96; 89-556, eff. 7-26-96; revised 8-19-96.)

    (415 ILCS 5/57.14)
    Sec. 57.14. Advisory Committee; regulations.
    (a)  There  is  hereby established an Underground Storage
Tank Advisory Committee which shall  consist  of  one  member
from  the Illinois State Chamber of Commerce, one member from
the Illinois Manufacturers Association, one member  from  the
Illinois  Petroleum  Council,  2  members  from  the Illinois
Petroleum Marketers Association,  and  one  member  from  the
Consulting Engineers Council of Illinois.
    (b)  Within  6  months  after  the effective date of this
amendatory Act of 1993, the Agency, after  consultation  with
the   Underground  Storage  Tank  Advisory  Committee,  shall
propose regulations prescribing procedures and standards  for
its  administration  of  this  Title.  Within  6 months after
receipt of the Agency's proposed regulations, the Board shall
adopt,  pursuant  to  Sections  27  and  28  of   this   Act,
regulations   which  are  consistent  with  this  Title.  The
regulations,  at  a  minimum,  shall  specify  all   of   the
following:
         (1)  Criteria for determining indicator contaminants
    based  on  the type of petroleum stored in an underground
    storage tank.  If no groundwater standard exists  for  an
    indicator  contaminant,  the  regulations  shall  specify
    procedures to define and quantify appropriate groundwater
    objectives.
         (2)  Types of corrective action activities which are
    eligible for payment.
         (3)  Costs which are not corrective action costs.
         (4)  Procedures    for    requesting   payment   for
    corrective action  costs  and  information  necessary  to
    complete such requests.
         (5)  Procedures for requesting submitting corrective
    action  plans  and  budgets  under  this  Title  and  the
    information necessary to complete such plans and budgets.
         (6)  Procedures   for   determining  and  collecting
    excess payments.
         (7)  In the case of plans or  reports  submitted  to
    the  Agency  under  this  Title,  the  proposed and final
    regulations shall specify procedures for  the  review  of
    plans  or  reports.  A payment application that certifies
    that  a  corrective  action  program  was  completed   in
    accordance  with an approved proposal or report and at or
    below the approved budget amount shall be deemed approved
    unless  the  Agency  has  reason  to  believe  that   the
    certification is fraudulent.
    (c)  Until  such  time  as the regulations required under
this Section take effect, the  Agency  shall  administer  its
activities under this Title in accordance with the provisions
therein.
    (d)  Members  of  the  advisory  committee  may  organize
themselves  as  they  deem  necessary.   Members  shall serve
without  compensation  but  shall  be  reimbursed  for  their
expenses from Underground Storage Tank Fund.
    (e)  By September 15, 1996, Within  6  months  after  the
effective  date  of  this  amendatory Act of 1995, the Agency
shall propose regulations in accordance with item (2) (B)  of
subsection  (b)  of  Section  57.7, subsection (b) of Section
57.8, and subsection (f) of Section 57.10.  Within  6  months
after receipt of the Agency's proposed regulations, the Board
shall adopt, under Sections 27 and 28 of this Act, rules that
are consistent with item (2) (B) of subsection (b) of Section
57.7,  subsection  (b) of Section 57.8, and subsection (f) of
Section 57.10.
(Source: P.A.  88-496;  89-428,  eff.  1-1-96;  89-457,  eff.
5-22-96; revised 5-24-96.)

    Section  2-210.   The   Environmental  Impact  Fee Law is
amended by changing Sections 310 and 320 as follows:

    (415 ILCS 125/310)
    (Section scheduled to be repealed on January 1, 2003)
    Sec.  310.    Environmental   impact   fee;   imposition.
Beginning  January 1, 1996, all receivers of fuel are subject
to an environmental impact fee of $60 per  7,500  gallons  of
fuel,  or  an equivalent amount per fraction thereof, that is
sold or used in Illinois.  The  fee  shall  be  paid  by  the
receiver in this State who first sells or uses the fuel.  The
environmental impact fee imposed by this Law replaces the fee
imposed  under  the  corresponding provisions of Article 3 of
Public Act 89-428.  Environmental impact fees paid under that
Article  3  shall  satisfy   the   receiver's   corresponding
liability under this Law.
    A  receiver of fuels is subject to the fee without regard
to whether the fuel is intended to be used for  operation  of
motor  vehicles  on the public highways and waters.  However,
no fee shall be imposed upon the importation  or  receipt  of
aviation  fuels  and  kerosene  at airports with over 170,000
operations per year, located in a city of more than 1,000,000
inhabitants, for sale to or use by holders of certificates of
public convenience  and  necessity  or  foreign  air  carrier
permits,   issued   by   the   United  States  Department  of
Transportation, and their air carrier affiliates, or upon the
importation or receipt of  aviation  fuels  and  kerosene  at
facilities  owned  or  leased  by those certificate or permit
holders and used in their activities at an airport  described
above.    In  addition,  no  fee  may  be  imposed  upon  the
importation or receipt of  diesel  fuel  by  a  rail  carrier
registered  under  Section  18c-7201  of the Illinois Vehicle
Code and used directly in railroad operations.  In  addition,
no  fee may be imposed when the sale is made with delivery to
a purchaser outside this State or when the sale is made to  a
person  holding  a valid license as a receiver.  In addition,
no fee shall be imposed upon diesel fuel consumed or used  in
the  operation  of  ships,  barges, or vessels, that are used
primarily  in  or  for  the  transportation  of  property  in
interstate commerce for hire  on  rivers  bordering  on  this
State, if the diesel fuel is delivered by a licensed receiver
to  the purchaser's barge, ship, or vessel while it is afloat
upon that bordering river.  A specific notation thereof shall
be made on the invoices or sales slips covering each sale.
(Source: P.A. 89-428,  eff.  1-1-96;  89-457,  eff.  5-22-96;
89-468, eff. 1-1-97; revised 10-31-96.)

    (415 ILCS 125/320)
    (Section scheduled to be repealed on January 1, 2003)
    Sec.  320.   Deposit of fee receipts.  All money received
by the Department under this Law shall be  deposited  in  the
Underground  Storage Tank Fund created by Section 57.11 22.13
of the Environmental Protection Act.
(Source: P.A. 89-428,  eff.  1-1-96;  89-457,  eff.  5-22-96;
revised 5-24-96.)

    Section  2-215.   The  Humane  Care  for  Animals  Act is
amended by changing Section 16 as follows:

    (510 ILCS 70/16) (from Ch. 8, par. 716)
    Sec. 16.  Violations; punishment; injunctions.
    (a)  Any person convicted of violating Sections 5,  5.01,
or  6  of  this Act  or any rule, regulation, or order of the
Department  pursuant  thereto,  is  guilty  of  a   Class   C
misdemeanor.
    (b) (1)  This  subsection  (b)  does  not apply where the
    only animals involved in the violation are dogs.
         (2)  Any person convicted  of  violating  subsection
    (a),  (b),  (c) or (h) of Section 4.01 of this Act or any
    rule, regulation, or order  of  the  Department  pursuant
    thereto, is guilty of a Class A misdemeanor.
         (3)  A  second  or  subsequent offense involving the
    violation of subsection (a), (b) or (c) of  Section  4.01
    of  this  Act  or  any  rule, regulation, or order of the
    Department pursuant thereto is a Class 4 felony.
         (4)  Any person convicted  of  violating  subsection
    (d),  (e) or (f) of Section 4.01 of this Act or any rule,
    regulation, or order of the Department pursuant  thereto,
    is guilty of a Class B misdemeanor.
         (5)  Any  person  convicted  of violating subsection
    (g) of Section 4.01 of this Act or any rule,  regulation,
    or  order of the Department pursuant thereto is guilty of
    a Class C misdemeanor.
    (c) (1)  This subsection (c)  applies  exclusively  where
    the only animals involved in the violation are dogs.
         (2)  Any  person  convicted  of violating subsection
    (a), (b) or (c) of Section 4.01 of this Act or any  rule,
    regulation or order of the Department pursuant thereto is
    guilty of a Class 4 felony and may be fined an amount not
    to exceed $50,000.
         (3)  Any  person  convicted  of violating subsection
    (d), (e) or (f) of Section 4.01 of this Act or any  rule,
    regulation or order of the Department pursuant thereto is
    guilty  of  Class  A  misdemeanor, if such person knew or
    should have known that  the  device  or  equipment  under
    subsection  (d)  or  (e)  of  that  Section  or the site,
    structure  or  facility  under  subsection  (f)  of  that
    Section was to be used to carry out a violation where the
    only animals involved were dogs.  Where such  person  did
    not  know  or should not reasonably have been expected to
    know that the only animals involved in the violation were
    dogs, the penalty shall be same as that provided  for  in
    paragraph (4) of subsection (b).
         (4)  Any  person  convicted  of violating subsection
    (g) of Section 4.01 of this Act or any  rule,  regulation
    or order of the Department pursuant thereto is  guilty of
    a Class C misdemeanor.
         (5)  A  second or subsequent violation of subsection
    (a), (b) or (c) of Section 4.01 of this Act or any  rule,
    regulation or order of the Department pursuant thereto is
    a  Class  3  felony.  A second or subsequent violation of
    subsection (d), (e) or (f) of Section 4.01 of this Act or
    any rule, regulation or order of the  Department  adopted
    pursuant  thereto  is  a  Class  3  felony,  if  in  each
    violation  the  person knew or should have known that the
    device or equipment under subsection (d) or (e)  of  that
    Section   or   the  site,  structure  or  facility  under
    subsection (f) of that Section was to be  used  to  carry
    out  a  violation  where  the  only animals involved were
    dogs.  Where such person  did  not  know  or  should  not
    reasonably  have  been  expected  to  know  that the only
    animals involved in the violation were dogs, a second  or
    subsequent  violation  of  subsection  (d), (e) or (f) of
    Section 4.01 of this Act or any rule, regulation or order
    of the Department adopted pursuant thereto is a  Class  A
    misdemeanor.    A   second  or  subsequent  violation  of
    subsection (g) is a Class B misdemeanor.
         (6)  Any person convicted of violating Section  3.01
    of this Act is guilty of a Class C misdemeanor.  A second
    conviction  for  a violation of Section 3.01 is a Class B
    misdemeanor.  A third  or  subsequent  conviction  for  a
    violation of Section 3.01 is a Class  A misdemeanor.
         (7)  Any  person convicted of violating Section 4.03
    is guilty of a Class B misdemeanor.
         (8)  Any person convicted of violating Section  4.04
    is  guilty  of a Class A misdemeanor where the dog is not
    killed or totally disabled, but if the dog is  killed  or
    totally disabled such person shall be guilty of a Class 4
    felony.
         (8.5)  A  person  convicted  of violating subsection
    (a) of Section 7.15 is guilty of a Class  B  misdemeanor.
    A  person convicted of violating subsection (b) or (c) of
    Section 7.15 is (i) guilty of a Class  A  misdemeanor  if
    the dog is not killed or totally disabled and (ii) if the
    dog  is  killed  or totally disabled, guilty of a Class 4
    felony  and  may  be  ordered  by  the  court   to   make
    restitution  to  the  disabled  person  having custody or
    ownership of the dog for veterinary bills and replacement
    costs of the dog.
         (9)  Any person convicted  of  violating  any  other
    provision  of this Act, or any rule, regulation, or order
    of the Department pursuant thereto, is guilty of a  Class
    C  misdemeanor  with every day that a violation continues
    constituting a separate offense.
    (d)  Any person convicted of  violating  Section  7.1  is
guilty of a petty offense.  A second or subsequent conviction
for a violation of Section 7.1 is a Class C misdemeanor.
    (e)  Any  person  convicted  of violating Section 3.02 is
guilty of a Class A misdemeanor.
    The Department may enjoin  a  person  from  a  continuing
violation of this Act.
(Source:  P.A.  88-66;  88-600,  eff.  9-1-94;  89-455,  eff.
5-20-96; 89-689, eff. 12-31-96; revised 1-14-97.)

    Section  2-220.  The Illinois Forestry Development Act is
amended by changing Section 6a as follows:

    (525 ILCS 15/6a) (from Ch. 96 1/2, par. 9106a)
    (Section scheduled to be repealed on December 31, 1998)
    Sec. 6a. Illinois Forestry Development Council.
    (a)  The Illinois Forestry Development Council is  hereby
recreated.
    (b)  The Council shall consist of 24 members appointed as
follows:
         (1)  four  members  of  the  General  Assembly,  one
    appointed  by  the President of the Senate, one appointed
    by the Senate  Minority  Leader,  one  appointed  by  the
    Speaker   of   the  House  of  Representatives,  and  one
    appointed by the House Minority Leader;
         (2)  one  member  appointed  by  the   Governor   to
    represent the Governor;
         (3)  the  Directors  of  the  Departments of Natural
    Resources,  Agriculture,  and  Commerce   and   Community
    Affairs,  the  Executive  Director  of  the Illinois Farm
    Development Authority, and the Director of the Office  of
    Rural Affairs, or their designees;
         (4)  the chairman of the Department of Forestry or a
    forestry   academician,   appointed   by   the   Dean  of
    Agriculture   at   Southern   Illinois   University    at
    Carbondale;
         (5)  the head of the Department of Natural Resources
    and  Environmental  Sciences  or  a forestry academician,
    appointed by the Dean of Agriculture at the University of
    Illinois;
         (6)  two members, appointed  by  the  Governor,  who
    shall be private timber growers;
         (7)  one  member,  appointed by the president of the
    Illinois Wood Products Association, who shall be involved
    in primary forestry industry;
         (8)  one member, appointed by the president  of  the
    Illinois Wood Products Association, who shall be involved
    in secondary forestry industry;
         (9)  one   member   who   is  actively  involved  in
    environmental issues, appointed by the Governor;
         (10)  the president of the Association  of  Illinois
    Soil and Water Conservation Districts;
         (11)  two   persons  who  are  actively  engaged  in
    farming, appointed by the Governor;
         (12)  one member, appointed by the  Governor,  whose
    primary area of expertise is urban forestry;
         (13)  one  member  appointed by the President of the
    Illinois Arborists Association;
         (14)  The Supervisor of the Shawnee National  Forest
    and  the  United States Department of Agriculture Natural
    Resource Conservation Service's State Conservationist, ex
    officio, or their designees.
    (c)  Members  of  the   Council   shall   serve   without
compensation  but  shall  be  reimbursed  for actual expenses
incurred in the performance of their  duties  which  are  not
otherwise reimbursed.
    (d)  The  Council  shall  select  from  its  membership a
chairperson  and  such  other  officers   as   it   considers
necessary.
    (e)  Other individuals, agencies and organizations may be
invited to participate as deemed advisable by the Council.
    (f)  The  Council  shall  study and evaluate the forestry
resources and forestry industry  of  Illinois.   The  Council
shall:
         (1)  determine  the  magnitude, nature and extent of
    the State's forestry resources;
         (2)  determine  current  uses  and  project   future
    demand  for  forest  products,  services  and benefits in
    Illinois;
         (3)  determine   and    evaluate    the    ownership
    characteristics  of  the State's forests, the motives for
    forest ownership and the success of incentives  necessary
    to stimulate development of forest resources;
         (4)  determine    the   economic   development   and
    management   opportunities   that   could   result   from
    improvements  in  local  and  regional   forest   product
    marketing and from the establishment of new or additional
    wood-related businesses in Illinois;
         (5)  confer   with   and  offer  assistance  to  the
    Illinois  Farm  Development  Authority  relating  to  its
    implementation of  forest  industry  assistance  programs
    authorized by the "Illinois Farm Development Act";
         (6)  determine   the  opportunities  for  increasing
    employment and economic  growth  through  development  of
    forest resources;
         (7)  determine  the  effect  of current governmental
    policies and regulations on the management  of  woodlands
    and the location of wood products markets;
         (8)  determine  the  staffing  and funding needs for
    forestry and other conservation programs to  support  and
    enhance forest resources development;
         (9)  determine   the  needs  of  forestry  education
    programs in this State;
         (10)  confer  with  and  offer  assistance  to   the
    Department   of   Natural   Resources   relating  to  the
    implementation  of  urban  forestry   assistance   grants
    pursuant  to the "Urban and Community Forestry Assistance
    Act"; and
         (11)  determine soil and water conservation benefits
    and wildlife habitat enhancement opportunities  that  can
    be promoted through approved forestry management plans.
    (g)  The   Council   shall   report   its   findings  and
recommendations  for  future  State  action  to  the  General
Assembly no later than July 1, 1988.
    (h)  This Section 6a is repealed December 31, 1998.
(Source: P.A.  89-445,  eff.  2-7-96;  89-626,  eff.  8-9-96;
revised 10-3-96.)

    Section 2-225.  The Illinois Vehicle Code is  amended  by
changing Sections 2-119, 3-412, 11-408, 15-102, 18c-1104, and
18c-3204,  setting forth and renumbering multiple versions of
Sections 3-629, 3-631, and 3-632,  and  renumbering  Sections
1201.1 and 11.1427 as follows:

    (625 ILCS 5/2-119) (from Ch. 95 1/2, par. 2-119)
    Sec. 2-119. Disposition of fees and taxes.
    (a)  All  moneys received from Salvage Certificates shall
be deposited in the Common School Fund in the State Treasury.
    (b)  Beginning January 1, 1990  and  concluding  December
31,  1994,  of  the  money  collected for each certificate of
title,  duplicate  certificate   of   title   and   corrected
certificate  of title, $0.50 shall be deposited into the Used
Tire  Management  Fund.   Beginning  January  1,   1990   and
concluding December 31, 1994, of the money collected for each
certificate  of  title,  duplicate  certificate  of title and
corrected certificate of title, $1.50 shall be  deposited  in
the  Park  and Conservation Fund.  Beginning January 1, 1995,
of  the  money  collected  for  each  certificate  of  title,
duplicate certificate of title and corrected  certificate  of
title,  $2  shall  be  deposited in the Park and Conservation
Fund.  The moneys deposited in the Park and Conservation Fund
pursuant to this Section shall be used  for  the  acquisition
and  development  of  bike  paths  as provided for in Section
63a36 of the Civil Administrative Code of Illinois. Except as
otherwise  provided  in  this  Code,  all  remaining   moneys
collected for certificates of title, and all moneys collected
for  filing  of  security  interests,  shall be placed in the
General Revenue Fund in the State Treasury.
    (c)  All moneys collected for that portion of a  driver's
license  fee  designated  for  driver education under Section
6-118 shall be placed in the Driver  Education  Fund  in  the
State Treasury.
    (d)  Prior  to December 28, 1989, of the monies collected
as a registration fee for each motorcycle, motor driven cycle
and motorized pedalcycle, $4 of each annual registration  fee
for  such  vehicle and $2 of each semiannual registration fee
for such vehicle is  deposited  in  the  Cycle  Rider  Safety
Training  Fund.  Beginning  on  December  28,  1989 and until
January 1, 1992, of the monies collected  as  a  registration
fee  for  each  motorcycle,  motor driven cycle and motorized
pedalcycle, $6 of  each  annual  registration  fee  for  such
vehicle  and  $3 of each semiannual registration fee for such
vehicle shall be deposited in the Cycle Rider Safety Training
Fund.
    Beginning January 1, 1992 and until January 1,  1994,  of
the   monies   collected  as  a  registration  fee  for  each
motorcycle, motor driven cycle and motorized  pedalcycle,  $7
of each annual registration fee for such vehicle and $3.50 of
each   semiannual   registration  fee  for  such  vehicle  is
deposited in the Cycle Rider Safety Training Fund.
    Beginning January 1, 1994, of the monies collected  as  a
registration  fee for each motorcycle, motor driven cycle and
motorized pedalcycle, $8 of each annual registration fee  for
such  vehicle  and $4 of each semiannual registration fee for
such vehicle is deposited in the Cycle Rider Safety  Training
Fund.
    (e)  Of  the monies received by the Secretary of State as
registration fees or taxes or as payment of any other fee, as
provided in this Act, except fees received by  the  Secretary
under  paragraph  (7)  of subsection (b) of Section 5-101 and
Section 5-109 of this Code, 37% shall be deposited  into  the
State Construction Fund.
    (f)  Of  the  total money collected for a CDL instruction
permit or  original  or  renewal  issuance  of  a  commercial
driver's  license  (CDL)  pursuant  to the Uniform Commercial
Driver's License Act (UCDLA), $6 of  the  total  fee  for  an
original  or renewal CDL, and $6 of the total CDL instruction
permit fee when such permit is issued to any person holding a
valid Illinois driver's  license,  shall  be  paid  into  the
CDLIS/AAMVAnet   Trust   Fund  (Commercial  Driver's  License
Information  System/American  Association  of  Motor  Vehicle
Administrators network Trust Fund) and shall be used for  the
purposes provided in Section 6z-23 of the State Finance Act.
    (g)  All  remaining  moneys  received by the Secretary of
State as registration fees or taxes  or  as  payment  of  any
other  fee,  as provided in this Act, except fees received by
the Secretary  under  paragraph  (7)  of  subsection  (b)  of
Section  5-101  and  Section  5-109  of  this  Code, shall be
deposited in the Road Fund in the State Treasury.  Moneys  in
the  Road  Fund  shall  be  used for the purposes provided in
Section 8.3 of the State Finance Act.
    (h)  (Blank).
    (i)  (Blank).
    (j)  (Blank).
    (k)  There is created in the  State  Treasury  a  special
fund  to  be  known as the Secretary of State Special License
Plate Fund. Money deposited into the Fund shall,  subject  to
appropriation,  be  used  by  the  Office of the Secretary of
State (i)  to  help  defray  plate  manufacturing  and  plate
processing  costs  for  the  issuance  and,  when applicable,
renewal of any new or existing  special  registration  plates
authorized  under  this  Code and (ii) for grants made by the
Secretary  of  State  to  benefit  Illinois   Veterans   Home
libraries.
    On  or  before  October  1,  1995, the Secretary of State
shall direct the State Comptroller  and  State  Treasurer  to
transfer  any unexpended balance in the Special Environmental
License Plate Fund, the Special Korean  War  Veteran  License
Plate  Fund, and the Retired Congressional License Plate Fund
to the Secretary of State Special License Plate Fund.
    (l)  The Motor Vehicle Review Board Fund is created as  a
special  fund  in  the State Treasury.  Moneys deposited into
the Fund under paragraph (7) of  subsection  (b)  of  Section
5-101  and  Section 5-109 shall, subject to appropriation, be
used by the Office of the Secretary of  State  to  administer
the  Motor Vehicle Review Board, including without limitation
payment of compensation and all necessary  expenses  incurred
in  administering  the  Motor  Vehicle Review Board under the
Motor Vehicle Franchise Act.
    (m)  Effective July 1, 1996,  there  is  created  in  the
State  Treasury  a  special  fund  to  be known as the Family
Responsibility Fund.  Moneys deposited into the  Fund  shall,
subject  to  appropriation,  be  used  by  the  Office of the
Secretary of State for the purpose of  enforcing  the  Family
Financial Responsibility Law.
    (n)  (k)  The  Illinois  Fire  Fighters' Memorial Fund is
created as a special fund  in  the  State  Treasury.   Moneys
deposited  into  the Fund shall, subject to appropriation, be
used by the Office of the State Fire Marshal for construction
of the Illinois Fire Fighters' Memorial to be located at  the
State  Capitol  grounds  in  Springfield, Illinois.  Upon the
completion of the Memorial, the  Office  of  the  State  Fire
Marshal   shall   certify   to   the   State  Treasurer  that
construction of the Memorial has been completed.
(Source: P.A. 88-333; 88-485; 88-589, eff.  8-14-94;  88-670,
eff.  12-2-94;  89-92,  eff.  7-1-96;  89-145,  eff. 7-14-95;
89-282, eff.  8-10-95;  89-612,  eff.  8-9-96;  89-626,  eff.
8-9-96; 89-639, eff. 1-1-97; revised 9-9-96.)

    (625 ILCS 5/3-412) (from Ch. 95 1/2, par. 3-412)
    Sec.   3-412.  Registration   plates   and   registration
stickers to be furnished by the Secretary of State.
    (a)  The  Secretary  of  State upon registering a vehicle
subject to annual registration  for  the  first  time   shall
issue   or  shall  cause  to  be  issued  to  the  owner  one
registration plate for a  motorcycle,  trailer,  semitrailer,
motorized  pedalcycle or truck-tractor, 2 registration plates
for other  motor  vehicles  and,  where  applicable,  current
registration   stickers  for  motor  vehicles  of  the  first
division.   The  provisions  of  this  Section  may  be  made
applicable to such vehicles of the second  division,  as  the
Secretary  of State may, from time to time, in his discretion
designate. On subsequent annual registrations during the term
of the registration plate as provided in Section 3-414.1, the
Secretary shall issue or  cause  to  be  issued  registration
stickers  as  evidence  of current registration. However, the
issuance  of  annual  registration   stickers   to   vehicles
registered  under  the  provisions of Section 3-402.1 of this
Code may not be required if the Secretary deems the  issuance
unnecessary.
    (b)  Every  registration  plate shall have displayed upon
it the registration number assigned to the vehicle for  which
it   is  issued,  the  name  of  this  State,  which  may  be
abbreviated, the year number for which it was  issued,  which
may  be  abbreviated, the phrase "Land of Lincoln", except as
provided in Sections  3-626,  Section  3-629,  3-633,  3-634,
3-637, and 3-638 and Section 3-631, and such other letters or
numbers  as  the  Secretary  may  prescribe.    However,  for
apportionment  plates  issued  to  vehicles  registered under
Section 3-402.1, the phrase "Land of Lincoln" may be  omitted
to  allow  for  the  word "apportioned" to be displayed.  The
Secretary may in his discretion  prescribe  that  letters  be
used  as  prefixes  only  on  registration  plates  issued to
vehicles of the first division  which  are  registered  under
this  Code and only as suffixes on registration plates issued
to other vehicles.   Every  registration  sticker  issued  as
evidence  of  current  registration  shall designate the year
number for which it is  issued  and  such  other  letters  or
numbers  as  the  Secretary  may  prescribe and shall be of a
contrasting  color   with   the   registration   plates   and
registration stickers of the previous year.
    (c)  Each registration plate and the required letters and
numerals  thereon,  except  the year number for which issued,
shall be of sufficient size to be  plainly  readable  from  a
distance  of  100  feet  during daylight, and shall be coated
with reflectorizing material.  The dimensions  of  the  plate
issued  to  vehicles  of  the first division shall be 6 by 12
inches.
    (d)  The  Secretary  of  State  shall  issue  for   every
passenger motor vehicle rented without a driver the same type
of  registration  plates  as  the type of plates issued for a
private passenger vehicle.
    (e)  The  Secretary  of  State  shall  issue  for   every
passenger  car  used  as  a  taxicab  or  livery, distinctive
registration plates.
    (f)  The  Secretary  of  State  shall  issue  for   every
motorcycle  distinctive  registration  plates  distinguishing
between  motorcycles  having  150  or  more cubic centimeters
piston displacement, or having less than 150 cubic centimeter
piston displacement.
    (g)  Registration plates issued to vehicles for-hire  may
display  a  designation  as  determined by the Secretary that
such vehicles are for-hire.
    (h)  The Secretary of State shall issue for each electric
vehicle   distinctive   registration   plates   which   shall
distinguish  between  electric  vehicles  having  a   maximum
operating speed of 45 miles per hour or more and those having
a maximum operating speed of less than 45 miles per hour.
    (i)  The  Secretary of State shall issue for every public
and private ambulance  registration  plates  identifying  the
vehicle  as an ambulance.  The Secretary shall forward to the
Department of Public Aid  registration  information  for  the
purpose  of  verification of claims filed with the Department
by ambulance  owners  for  payment  for  services  to  public
assistance recipients.
    (j)  The  Secretary of State shall issue for every public
and  private  medical  carrier  or  rescue   vehicle   livery
registration  plates  displaying  numbers  within  ranges  of
numbers reserved respectively for medical carriers and rescue
vehicles.   The  Secretary shall forward to the Department of
Public  Aid  registration  information  for  the  purpose  of
verification of claims filed with the Department by owners of
medical carriers or rescue vehicles for payment for  services
to public assistance recipients.
(Source: P.A.  88-45;  88-485;  89-424,  eff. 6-1-96; 89-564,
eff.  7-1-97;  89-612,  eff.  8-9-96;  89-621,  eff.  1-1-97;
89-639, eff. 1-1-97; revised 9-9-96.)

    (625 ILCS 5/3-629)
    Sec. 3-629.  Collegiate license plates; scholarship fund.
    (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  of
State,  may  issue  collegiate license plates. The collegiate
plates issued under this Section shall  be  affixed  only  to
passenger  vehicles  of the first division and motor vehicles
of the second division weighing not more  than  8,000  pounds
and  subject  to  the  staggered registration system.  Plates
issued under this  Section  shall  expire  according  to  the
staggered  multi-year  procedure  established  under  Section
3-414.1 of this Code.
    (b)  The design, color, and format of the plates shall be
wholly  within the discretion of the Secretary of State.  The
Secretary of State may, at his or her discretion,  issue  the
plates  for  any  public  or  degree-granting, not-for-profit
private college or university  located  in  this  State.  The
Secretary  may, in his or her discretion, allow the plates to
be issued as vanity plates or personalized in accordance with
Section 3-405.1 of this Code.  The plates are not required to
designate "Land Of Lincoln", as prescribed in subsection  (b)
of Section 3-412 of this Code.  The Secretary shall prescribe
the  eligibility  requirements  including  a minimum level of
specialized license  plates  requests  and,  in  his  or  her
discretion, shall approve and prescribe stickers or decals as
provided under Section 3-412.
    (c)  An applicant shall be charged a $40 fee for original
issuance  in addition to the applicable registration fee.  Of
the original issuance fee in the case of a public  university
or college, $25 shall be deposited into the State College and
University  Trust  Fund  and  $15 shall be deposited into the
Secretary of State Special License Plate Fund to be  used  by
the  Secretary  of  State,  subject to appropriation, to help
defray the administrative costs of issuing the plate.  Of the
original issuance fee  in  the  case  of  a  degree-granting,
not-for-profit  private  college  or university, $25 shall be
deposited into the University Grant Fund  and  $15  shall  be
deposited  into  the Secretary of State Special License Plate
Fund to be  used  by  the  Secretary  of  State,  subject  to
appropriation,  to  help  defray  the  administrative cost of
issuing the plate.  In addition to the regular  renewal  fee,
an applicant shall be charged $27 for the renewal of each set
of  license  plates  issued  under this Section; $25 shall be
deposited into the State College and University Trust Fund in
the case of a  public  university  or  college  or  into  the
University  Grant  Fund  in  the  case  of a degree-granting,
not-for-profit private college or university, and $2 shall be
deposited into the Secretary of State Special  License  Plate
Fund plates for all collegiate plates.
    (d)  The  State  College  and  University  Trust  Fund is
created as a special fund in the State treasury.  All  moneys
in  the  State  College  and  University  Trust Fund shall be
distributed  on  January  1  of  each  year  to  each  public
university or college in proportion to the number  of  plates
sold  in  regard  to  that university or college according to
subsection (c) for administration  of  the  Higher  Education
License  Plate Grant program. Moneys deposited into the State
College and University Trust Fund shall be distributed to the
public  university  or  college  for  the  sole  purpose   of
scholarship grant awards.
    (e)  The  University  Grant  Fund is created as a special
fund in the State treasury.  All  moneys  in  the  University
Grant  Fund  shall  be  appropriated  to the Illinois Student
Assistance  Commission  to  make  grants  under  the   Higher
Education License Plate Grant Program.
(Source: P.A. 89-424, eff. 6-1-96; 89-626, eff. 8-9-96.)

    (625 ILCS 5/3-631)
    Sec. 3-631.  Sportsmen Series license plate.
    (a)  The  Secretary,  upon receipt of an application made
in the form prescribed by the Secretary of State,  may  issue
special registration plates designated to be Sportsmen Series
license plates.  The special plates issued under this Section
shall  be  affixed  only  to  passenger vehicles of the first
division, motor vehicles of the second division weighing  not
more  than 8,000 pounds, and recreational vehicles as defined
by Section 1-169 of this Code.    Plates  issued  under  this
Section  shall  expire  according to the multi-year procedure
established by Section 3-414.1 of this Code.
    (b)  The design and color of the plates shall  be  wholly
within  the discretion of the Secretary of State. Appropriate
documentation,  as  determined  by   the   Secretary,   shall
accompany  the application.  The Secretary may, in his or her
discretion, allow the  plates  to  be  issued  as  vanity  or
personalized  plates  in  accordance  with Section 3-405.1 of
this Code.
    (c)  An applicant shall be charged a $40 fee for original
issuance in addition to the appropriate registration fee,  if
applicable.   Of  this  fee,  $25 shall be deposited into the
Illinois Habitat Fund and $15 shall  be  deposited  into  the
Secretary  of State Special License Plate Fund, to be used by
the Secretary of State  to  help  defray  the  administrative
processing  costs.   For  each registration renewal period, a
$27 fee, in addition to  the  appropriate  registration  fee,
shall  be  charged.  Of this fee, $25 shall be deposited into
the Illinois Habitat Fund and $2 shall be deposited into  the
Secretary of State Special License Plate Fund.
(Source: P.A. 89-611, eff. 1-1-97.)

    (625 ILCS 5/3-632)
    Sec. 3-632.  Wildlife Prairie Park license plate.
    (a)  The  Secretary,  upon receipt of an application made
in the form prescribed by the Secretary of State,  may  issue
special registration plates to be designated Wildlife Prairie
Park  license  plates.   The special plates issued under this
Section shall be affixed only to passenger  vehicles  of  the
first   division,  motor  vehicles  of  the  second  division
weighing  not  more  than  8,000  pounds,  and   recreational
vehicles  as  defined  by Section 1-169 of this Code.  Plates
issued under this  Section  shall  expire  according  to  the
multi-year  procedure  established by Section 3-414.1 of this
Code.
    (b)  The design and color of the plates shall  be  wholly
within the discretion of the Secretary of State.  Appropriate
documentation,   as   determined   by  the  Secretary,  shall
accompany the application.  The Secretary may, in his or  her
discretion,  allow  the  plates  to  be  issued  as vanity or
personalized plates in accordance  with  Section  3-405.1  of
this Code.
    (c)  An applicant shall be charged a $40 fee for original
issuance  in addition to the appropriate registration fee, if
applicable.  Of this fee, $25 shall  be  deposited  into  the
Wildlife  Prairie  Park  Fund and $15 shall be deposited into
the Secretary of State Special License Plate Fund, to be used
by the Secretary of State to help defray  the  administrative
processing  costs.   For  each registration renewal period, a
$27 fee, in addition to  the  appropriate  registration  fee,
shall  be  charged.  Of this fee, $25 shall be deposited into
the Wildlife Prairie Park Fund and $2 shall be deposited into
the Secretary of State Special License Plate Fund.
(Source: P.A. 89-611, eff. 1-1-97.)

    (625 ILCS 5/3-633)
    Sec.  3-633.  3-631.  Universal  Charitable  Organization
license plate.
    (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  of
State,  may  issue  Universal Charitable Organization license
plates to residents of Illinois on  behalf  of  organizations
that  meet the requirements of Title 26, Section 501(c)(3) of
the United States Code formed for any bona  fide  charitable,
benevolent,   philanthropic,   or   patriotic  purpose.   The
Secretary  of  State   may   prescribe   rules   establishing
additional  eligibility criteria for charitable organizations
under  this  Section.   The  special   Universal   Charitable
Organization plate issued under this Section shall be affixed
only  to  passenger  vehicles of the first division and motor
vehicles of the second division weighing not more than  8,000
pounds.   Plates   issued  under  this  Section  shall expire
according to the staggered multi-year  procedure  established
by Section 3-414.1 of this Code.
    (b)  The design, color, and format of the plates shall be
wholly  within the discretion of the Secretary of State.  The
plates are not required to designate "Land  of  Lincoln",  as
prescribed  in  subsection (b) of Section 3-412 of this Code.
Charitable organizations deemed eligible by the Secretary  of
State  shall design charitable decals to be affixed on plates
issued under this Section.  The Secretary may prescribe rules
governing the requirements and approval of charitable decals.
    (c)  An applicant shall be charged a $15 fee for original
issuance in addition  to  the  applicable  registration  fee.
This  additional fee shall be deposited into the Secretary of
State Special License  Plate  Fund.   For  each  registration
renewal  period,  a  $2  fee,  in addition to the appropriate
registration fee, shall be charged  and  shall  be  deposited
into  the  Secretary  of  State  Special  License Plate Fund.
Charitable organizations may establish a fee for the purchase
of their charitable decal and shall report by July 31 of each
year to the Secretary of State  Vehicle  Services  Department
the  sticker  fee,  the number of charitable decals sold, the
total revenue received from the  sale  of  charitable  decals
during  the  previous  fiscal year, and any other information
deemed necessary by the Secretary of State.
(Source: P.A. 89-564, eff. 7-1-97; revised 10-8-96.)

    (625 ILCS 5/3-634)
    Sec.  3-634.  3-629.  Illinois  Fire  Fighters'   License
Plate.
    (a)  The  Secretary,  upon receipt of an application made
in the form prescribed by the Secretary of State,  may  issue
special  registration  plates  designated to be Illinois Fire
Fighters' Memorial license plates.  The special plates issued
under  this  Section  shall  be  affixed  only  to  passenger
vehicles of the first division, motor vehicles of the  second
division  weighing  not  more than 8,000 pounds, recreational
vehicles as defined in Section  1-169  of  this  Code,    and
subject  to the staggered registration system.  Plates issued
under this Section shall expire according to  the  multi-year
procedure established by Section 3-414.1 of this Code.
    (b)  The  design  and color of the plates shall be wholly
within  the  discretion  of  the  Secretary  of  State.   The
Secretary  of  State may, in his or her discretion, allow the
plates to be issued  as  vanity  plates  or  personalized  in
accordance with Section 3-405.1 of this Code.  The plates are
not required to designate "Land of Lincoln", as prescribed in
subsection  (b) of Section 3-412 of this Code.  The Secretary
of State shall prescribe stickers or decals as provided under
Section 3-412.
    (c)  An applicant shall be charged a $27 fee for original
issuance in addition to the applicable registration fee.   Of
this   additional  fee,  $15  shall  be  deposited  into  the
Secretary of State Special License Plate Fund and  $12  shall
be  deposited into the Illinois Fire Fighters' Memorial Fund.
For each registration renewal period, a $17 fee, in  addition
to  the  appropriate  registration fee, shall be charged.  Of
this fee, $2 shall be deposited into the Secretary  of  State
Special  License  Plate  Fund and $15 shall be deposited into
the Illinois Fire Fighters' Memorial Fund.
(Source: P.A. 89-612, eff. 8-9-96; revised 10-8-96.)

    (625 ILCS 5/3-635)
    Sec. 3-635. 3-631.  Master Mason plates.
    (a)  The Secretary, upon receipt of all  applicable  fees
and   applications   made  in  the  form  prescribed  by  the
Secretary, may issue special registration  plates  designated
as Master Mason license plates.
    The  special  plates  issued  under this Section shall be
affixed only to passenger vehicles of the first  division  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 established by Section 3-414.1 of
this Code.
    (b)  The  design and color of the special plates shall be
wholly within the discretion of the  Secretary.   Appropriate
documentation,   as   determined   by  the  Secretary,  shall
accompany each application.
    (c)  An applicant for the special plate shall be  charged
a   $25   fee  for  original  issuance  in  addition  to  the
appropriate registration fee.  Of  this  fee,  $10  shall  be
deposited  into  the  Master  Mason  Fund  and  $15  shall be
deposited into the Secretary of State Special  License  Plate
Fund,  to  be  used  by  the  Secretary  to  help  defray the
administrative processing costs.
    For each registration  renewal  period,  a  $25  fee,  in
addition  to  the  appropriate  registration  fee,  shall  be
charged.  Of this fee, $23 shall be deposited into the Master
Mason  Fund  and  $2 shall be deposited into the Secretary of
State Special License Plate Fund.
    (d)  The Master Mason Fund is created as a  special  fund
in  the  State  treasury.  All money in the Master Mason Fund
shall be  paid,  subject  to  appropriation  by  the  General
Assembly  and  approval  by  the  Secretary, as grants to The
Illinois Masonic Foundation for the Prevention  of  Drug  and
Alcohol   Abuse   Among   Children,  Inc.,  a  not-for-profit
corporation, for  the  purpose  of  providing  Model  Student
Assistance   Programs   in  public  and  private  schools  in
Illinois.
(Source: P.A. 89-620, eff. 1-1-97; revised 10-8-96.)

    (625 ILCS 5/3-636)
    Sec. 3-636. 3-632.  Knights of Columbus plates.
    (a)  The Secretary, upon receipt of all  applicable  fees
and   applications   made  in  the  form  prescribed  by  the
Secretary, may issue special registration  plates  designated
as Knights of Columbus license plates.
    The  special  plates  issued  under this Section shall be
affixed only to passenger vehicles of the first  division  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 established by Section 3-414.1 of
this Code.
    (b)  The  design and color of the special plates shall be
wholly within the discretion of the  Secretary.   Appropriate
documentation,   as   determined   by  the  Secretary,  shall
accompany each application.
    (c)  An applicant for the special plate shall be  charged
a   $25   fee  for  original  issuance  in  addition  to  the
appropriate registration fee.  Of  this  fee,  $10  shall  be
deposited  into the Knights of Columbus Fund and $15 shall be
deposited into the Secretary of State Special  License  Plate
Fund,  to  be  used  by  the  Secretary  to  help  defray the
administrative processing costs.
    For each registration  renewal  period,  a  $25  fee,  in
addition  to  the  appropriate  registration  fee,  shall  be
charged.   Of  this  fee,  $23  shall  be  deposited into the
Knights of Columbus Fund and $2 shall be deposited  into  the
Secretary of State Special License Plate Fund.
    (d)  The Knights of Columbus Fund is created as a special
fund  in  the  State  treasury.   All money in the Knights of
Columbus Fund shall be paid, subject to appropriation by  the
General Assembly and approval by the Secretary, as grants for
charitable purposes sponsored by the Knights of Columbus.
(Source: P.A. 89-620, eff. 1-1-97; revised 10-8-96.)

    (625 ILCS 5/3-637)
    Sec. 3-637. 3-631.  D.A.R.E. license plate.
    (a)  The  Secretary,  upon receipt of an application made
in the form prescribed by the Secretary of State,  may  issue
special  registration  plates designated to be D.A.R.E. (Drug
Abuse Resistance Education)  license  plates.    The  special
plates  issued  under  this  Section shall be affixed only to
passenger vehicles of the first division, motor  vehicles  of
the  second division weighing not more than 8,000 pounds, and
recreational vehicles as defined by  Section  1-169  of  this
Code. Plates issued under this Section shall expire according
to the multi-year procedure established by Section 3-414.1 of
this Code.
    (b)  The  design  and color of the plates shall be wholly
within the discretion of the Secretary of State.  Appropriate
documentation,  as  determined  by   the   Secretary,   shall
accompany  the  application. The Secretary may, in his or her
discretion, allow the  plates  to  be  issued  as  vanity  or
personalized  plates  in  accordance  with Section 3-405.1 of
this Code.
    (c)  An applicant shall be charged a $45 fee for original
issuance in addition to the appropriate registration fee,  if
applicable.   Of  this  fee,  $10 shall be deposited into the
State D.A.R.E. Fund; $10 shall be deposited into  the  County
D.A.R.E.  Fund if the county, as indicated by the applicant's
address, has a D.A.R.E. program, otherwise the $10 fee  shall
be  deposited  into  the  State  D.A.R.E.  Fund; $10 shall be
deposited  into  the   Municipal   D.A.R.E.   Fund   if   the
municipality,  as indicated by the applicant's address, has a
D.A.R.E. program, otherwise the $10 fee  shall  be  deposited
into  the County D.A.R.E. Fund if the county, as indicated by
the applicant's address, has a  D.A.R.E.  program,  otherwise
the  $10 fee shall be deposited into the State D.A.R.E. Fund;
and $15 shall  be  deposited  into  the  Secretary  of  State
Special License Plate Fund.
    For  each  registration  renewal  period,  a  $29 fee, in
addition  to  the  appropriate  registration  fee,  shall  be
charged.  Of this fee, $9 shall be deposited into  the  State
D.A.R.E. Fund; $9 shall be deposited into the County D.A.R.E.
Fund  if the county, as indicated by the applicant's address,
has a  D.A.R.E.  program,  otherwise  the  $9  fee  shall  be
deposited into the State D.A.R.E. Fund; $9 shall be deposited
into  the  Municipal  D.A.R.E.  Fund  if the municipality, as
indicated by the applicant's address, has a D.A.R.E. program,
otherwise the $9 fee  shall  be  deposited  into  the  County
D.A.R.E.  Fund if the county, as indicated by the applicant's
address, has a D.A.R.E. program, otherwise the $9  fee  shall
be  deposited  into  the State D.A.R.E. Fund; and $2 shall be
deposited into the Secretary of State Special  License  Plate
Fund.
    (d)  The State D.A.R.E. Fund is created as a special fund
in  the State Treasury.  All money in the State D.A.R.E. Fund
shall be distributed, subject to appropriation by the General
Assembly, to the  Illinois  State  Police  for  its  D.A.R.E.
program.
    The  County D.A.R.E. Fund is created as a special fund in
the State Treasury.  All money in the  County  D.A.R.E.  Fund
shall be distributed, subject to appropriation by the General
Assembly,  to  the Illinois State Police.  The Illinois State
Police shall make grants of this money to counties for  their
D.A.R.E. programs based on the proportion of money the County
D.A.R.E.  Fund has received from each county, as indicated by
the applicant's address.
    The Municipal D.A.R.E. Fund is created as a special  fund
in  the  State Treasury.  All money in the Municipal D.A.R.E.
Fund shall be distributed, subject to  appropriation  by  the
General Assembly, to the Illinois State Police.  The Illinois
State   Police   shall   make   grants   of   this  money  to
municipalities for  their  D.A.R.E.  programs  based  on  the
proportion  of money the Municipal D.A.R.E. Fund has received
from each  municipality,  as  indicated  by  the  applicant's
address.
(Source: P.A. 89-621, eff. 1-1-97; revised 10-8-96.)

    (625 ILCS 5/3-638)
    Sec. 3-638. 3-631.  U.S. Veteran 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 of
State, may issue U.S. Veteran license plates to residents  of
Illinois  who meet eligibility requirements prescribed by the
Secretary of State.  The special U.S.  Veteran  plate  issued
under  this  Section  shall  be  affixed  only  to  passenger
vehicles  of  the  first  division  and motor vehicles of the
second division weighing not more than 8,000  pounds.  Plates
issued  under  this  Section  shall  expire  according to the
staggered multi-year procedure established by Section 3-414.1
of this Code.
    (b)  The design, color, and format of the plates shall be
wholly within the discretion of the Secretary of State.   The
Secretary  may, in his or her discretion, allow the plates to
be issued as vanity plates or personalized in accordance with
Section 3-405.1 of this Code.  The plates are not required to
designate "Land Of Lincoln", as prescribed in subsection  (b)
of Section 3-412 of this Code.  The Secretary shall prescribe
the  eligibility  requirements and, in his or her discretion,
shall approve and prescribe stickers or  decals  as  provided
under Section 3-412.
    (c)  An applicant shall be charged a $15 fee for original
issuance  in  addition  to  the  applicable registration fee.
This additional fee shall be deposited into the Secretary  of
State  Special  License  Plate  Fund.   For each registration
renewal period, a $2 fee,  in  addition  to  the  appropriate
registration  fee,  shall  be  charged and shall be deposited
into the Secretary of State Special License Plate Fund.
(Source: P.A. 89-639, eff. 1-1-97; revised 10-8-96.)

    (625 ILCS 5/11-408) (from Ch. 95 1/2, par. 11-408)
    Sec. 11-408.  Police to  report  motor  vehicle  accident
investigations.
    (a)  Every  law  enforcement  officer  who investigates a
motor vehicle accident for which a report is required by this
Article or who prepares a written report as a  result  of  an
investigation  either  at  the  time  and scene of such motor
vehicle accident or thereafter by  interviewing  participants
or  witnesses  shall  forward  a written report of such motor
vehicle accident to the Administrator on  forms  provided  by
the  Administrator  under Section 11-411 within 10 days after
investigation of the motor vehicle accident, or  within  such
other  time  as  is  prescribed  by  the Administrator.  Such
written reports required to be forwarded by  law  enforcement
officers and the information contained therein are privileged
as  to  the Secretary of State and the Department and, in the
case of second division vehicles operated  under  certificate
of  convenience and necessity issued by the Illinois Commerce
Commission,  to  the  Commission,   but  shall  not  be  held
confidential by the  reporting  law  enforcement  officer  or
agency.   The  Secretary of State may also disclose notations
of accident  involvement  maintained  on  individual  driving
records.    However,  the  Administrator  or the Secretary of
State may require a  supplemental  written  report  from  the
reporting  law  enforcement  officer  and  such  supplemental
report  shall  be  for the privileged use of the Secretary of
State and the Department  and shall be held confidential.
    (b)  The Department  at  its  discretion  may  require  a
supplemental   written   report   from   the   reporting  law
enforcement officer on a form supplied by the  Department  to
be  submitted  directly to the Department.  Such supplemental
report may be used only for accident studies and  statistical
or  analytical  purposes, and shall be for the privileged use
of the Department and shall be held confidential.
    (c)  The Department at its discretion  may  also  provide
for  in-depth  investigations  of a motor vehicle accident by
individuals or special investigation  groups,  including  but
not  limited  to  police  officers, photographers, engineers,
doctors, mechanics, and as a result of the investigation  may
require  the  submission  of  written  reports,  photographs,
charts,  sketches,  graphs,  or  a  combination of all.  Such
individual written reports, photographs, charts, sketches, or
graphs may be used only for accident studies and  statistical
or  analytical  purposes,  shall be for the privileged use of
the Department and held confidential, and shall not  be  used
in any trial, civil or criminal.
    (d)  On  and after July 1, 1997, law enforcement officers
who have reason to suspect that the  motor  vehicle  accident
was  the  result of a driver's loss of consciousness due to a
medical condition, as defined by the Driver's License Medical
Review Law of 1992, or the result of  any  medical  condition
that  impaired the driver's ability to safely operate a motor
vehicle shall notify the  Secretary  of  this  determination.
The  Secretary,  in  conjunction  with  the  Driver's License
Medical Advisory Board,  shall  determine  by  administrative
rule  the  temporary  conditions  not required to be reported
under the provisions of this Section.  The  Secretary  shall,
in   conjunction   with   the   Illinois   State  Police  and
representatives of local and county law enforcement agencies,
promulgate any rules necessary and develop the procedures and
documents that may be required to obtain written, electronic,
or other agreed upon methods of notification to implement the
provisions of this Section.
    (e)  Law  enforcement  officers   reporting   under   the
provisions  of subsection (d) of this Section shall enjoy the
same immunities  granted  members  of  the  Driver's  License
Medical Advisory Board under Section 6-910 of this Code.
    (f)  All  information  furnished  to  the Secretary under
subsection (d) of this Section shall be  deemed  confidential
and  for  the  privileged  use of the Secretary in accordance
with the provisions of subsection (j)  of  Section  2-123  of
this Code.
(Source:  P.A.  89-503,  eff.  7-1-96;  89-584, eff. 7-31-96;
revised 8-26-96.)
    (625 ILCS 5/11-1201.1)
    Sec.  11-1201.1.  1201.1.  Automated  Railroad   Crossing
Enforcement System.
    (a)  For  the  purposes  of  this  Section,  an automated
railroad  grade  crossing  enforcement  system  is  a  system
operated by a law enforcement agency that records a  driver's
response   to  automatic,  electrical  or  mechanical  signal
devices and crossing gates.  The system shall be designed  to
obtain  a  clear  photograph  or  other recorded image of the
vehicle, vehicle operator and the vehicle registration  plate
of a vehicle in violation of Section 11-1201.  The photograph
or other recorded image shall also display the time, date and
location of the violation.
    (b)  Commencing on January 1, 1996, the Illinois Commerce
Commission  and  the  Commuter  Rail  Board  of  the Regional
Transportation Authority shall, in cooperation with local law
enforcement agencies, establish  a  two  year  pilot  program
within  a  county  with  a  population of between 750,000 and
1,000,000  using  an  automated   railroad   grade   crossing
enforcement  system.   The  Commission  shall determine the 3
railroad grade crossings within that  county  that  pose  the
greatest  threat  to  human  life  based  upon  the number of
accidents and fatalities at the crossings during the  past  5
years  and  with approval of the local law enforcement agency
equip the crossings with an automated railroad grade crossing
enforcement system.
    (c)  For each violation of Section 11-1201 recorded by an
automatic railroad  grade  crossing  system,  the  local  law
enforcement  agency having jurisdiction shall issue a written
Uniform Traffic Citation of the violation to  the  registered
owner  of the vehicle.  The Uniform Traffic Citation shall be
delivered to the registered owner, by mail, within 30 days of
the violation.  The Uniform Traffic  Citation  shall  include
the   name   and   address  of  vehicle  owner,  the  vehicle
registration number, the offense charged, the time, date, and
location of the violation, the first available court date and
that the basis of the citation is  the  photograph  or  other
recorded  image  from  the  automated railroad grade crossing
enforcement system.
    (d)  The Uniform Traffic Citation issued to the  violator
shall be accompanied by a written document which explains the
violator's  rights  and  obligations and how the violator can
elect to proceed by either paying the fine or challenging the
issuance of the Uniform Traffic Citation.
    (e)  Any photograph or other recorded image evidencing  a
violation  of  Section  11-1201  shall  be  admissible in any
proceeding resulting from the issuance of the Uniform Traffic
Citation.   Photographs  or  recorded  images  made   by   an
automatic railroad grade crossing enforcement system shall be
confidential,  and  shall  be  made  available  only  to  the
defendant,  governmental and law enforcement agencies for the
purposes of adjudicating a violation of  Section  11-1201  of
the Illinois Vehicle Code.
    (f)  Rail  crossings  equipped with an automatic railroad
grade crossing enforcement system shall be posted with a sign
visible to approaching  traffic  stating  that  the  railroad
grade  crossing  is  being  monitored, that citations will be
issued, and the amount of the fine for violation.
    (g)  The cost of the installation and maintenance of each
automatic railroad grade crossing enforcement system shall be
paid from the Grade Crossing Protection Fund if the rail line
is  not  owned  by  Commuter  Rail  Board  of  the   Regional
Transportation  Authority.   If the rail line is owned by the
Commuter Rail Board of the Regional Transportation Authority,
the costs of the installation and maintenance shall  be  paid
from  the  Regional Transportation Authority's portion of the
Public Transportation Fund.
    (h)  The  Illinois  Commerce  Commission  shall  issue  a
report to the General Assembly at the conclusion of  the  two
year  pilot  program  on  the  effectiveness of the automatic
railroad grade crossing enforcement system.
(Source: P.A. 89-454, eff. 5-17-96; revised 5-24-96.)

    (625 ILCS 5/11-1427)
    Sec. 11-1427. 11.1427.  It is unlawful for any person  to
drive  or  operate  any  all-terrain  vehicle  or off-highway
motorcycle in the following ways:
    (a)  Careless Operation.  No  person  shall  operate  any
all-terrain  vehicle  or off-highway motorcycle in a careless
or heedless manner so as to be  grossly  indifferent  to  the
person  or  property  of other persons, or at a rate of speed
greater than will permit him in the  exercise  of  reasonable
care   to   bring  the  all-terrain  vehicle  or  off-highway
motorcycle to a stop within the assured clear distance ahead.
    (b)  Reckless Operation.  No  person  shall  operate  any
all-terrain  vehicle  or  off-highway  motorcycle  in  such a
manner as to endanger the  life,  limb  or  property  of  any
person.
    (c)  Within  any  nature  preserve  as defined in Section
3.11 of the Illinois Natural Areas Preservation Act.
    (d)  On the tracks  or  right  of  way  of  an  operating
railroad.
    (e)  In  any  tree  nursery or planting in a manner which
damages or destroys growing stock, or creates  a  substantial
risk thereto.
    (f)  On  private  property, without the written or verbal
consent of the owner or lessee thereof. Any person  operating
an  all-terrain  vehicle or off-highway motorcycle upon lands
of another shall stop and identify himself upon  the  request
of  the landowner or his duly authorized representative, and,
if requested to do so by the landowner shall promptly  remove
the  all-terrain  vehicle  or off-highway motorcycle from the
premises.
    (g)  Notwithstanding any other law to  the  contrary,  an
owner,  lessee,  or occupant of premises owes no duty of care
to keep the premises safe for entry or use by others for  use
by  an  all-terrain  vehicle or off-highway motorcycle, or to
give warning of any condition, use, structure or activity  on
such premises.
    Nothing  in  this  subsection limits in any way liability
which otherwise exists for willful or  malicious  failure  to
guard  or warn against a dangerous condition, use, structure,
or activity.
    (h)  On  publicly  owned  lands  unless  such  lands  are
designated for use by  all-terrain  vehicles  or  off-highway
motorcycles.  For  publicly  owned lands to be designated for
use by all-terrain  vehicles  or  off-highway  motorcycles  a
public  hearing shall be conducted by the governmental entity
that has jurisdiction over the proposed  land  prior  to  the
designation.
    Nothing  in  this  subsection limits in any way liability
which otherwise exists for willful or  malicious  failure  to
guard  or warn against a dangerous condition, use, structure,
or activity.
    (i)  Other Prohibitions.
         (1) No person,  except  persons  permitted  by  law,
    shall   operate   or  ride  any  all-terrain  vehicle  or
    off-highway motorcycle with any firearm in his possession
    unless it is unloaded and enclosed in a carrying case, or
    any bow unless it is unstrung or rendered unable to  fire
    and is in a carrying case.
         (2)  No person shall operate any all-terrain vehicle
    or   off-highway   motorcycle   emitting   pollutants  in
    violation  of  standards  established  pursuant  to   the
    Environmental Protection Act.
         (3)  No  person  shall  deposit  from an all-terrain
    vehicle or off-highway motorcycle on  the  snow,  ice  or
    ground   surface,   trash,   glass,   garbage,  insoluble
    material, or other offensive matter.
(Source: P.A. 86-1091; revised 1-6-97.)

    (625 ILCS 5/15-102) (from Ch. 95 1/2, par. 15-102)
    Sec. 15-102.  Width of Vehicles.
    (a)  Except as otherwise provided in this Section or this
Code, the total outside width of any vehicle or load  thereon
shall not exceed 8 feet.
    (b)  Except  during those times when, due to insufficient
light or  unfavorable  atmospheric  conditions,  persons  and
vehicles  on  the  highway  are  not clearly discernible at a
distance of 1000 feet, the following vehicles may exceed  the
8  feet  limitation during the period from a half hour before
sunrise to a half hour after sunset:
         (1)  Loads of  hay,  straw  or  other  similar  farm
    products  provided that the load is not more than 12 feet
    wide.
         (2)  Implements of husbandry  being  transported  on
    another   vehicle  and  the  transporting  vehicle  while
    loaded.
         The   following   requirements    apply    to    the
    transportation  on  another  vehicle  of  an implement of
    husbandry wider than 8 feet  6  inches  on  the  National
    System  of  Interstate  and  Defense  Highways  or  other
    highways in the system of State highways:
              (A)  The  driver  of  a vehicle transporting an
         implement of husbandry that exceeds 8 feet 6  inches
         in width shall obey all traffic laws and shall check
         the  roadways prior to making a movement in order to
         ensure that adequate clearance is available for  the
         movement.   It  is  prima  facie  evidence  that the
         driver of a vehicle  transporting  an  implement  of
         husbandry  has  failed to check the roadway prior to
         making a movement if the vehicle is  involved  in  a
         collision  with a bridge, overpass, fixed structure,
         or properly placed traffic control device or if  the
         vehicle  blocks  traffic  due  to  its  inability to
         proceed  because  of  a  bridge,   overpass,   fixed
         structure,   or   properly  placed  traffic  control
         device.
              (B)  Flags shall be displayed  so  as  to  wave
         freely  at  the extremities of overwidth objects and
         at the extreme ends of all protrusions, projections,
         and overhangs.  All flags shall be clean, bright red
         flags  with  no  advertising,  wording,  emblem,  or
         insignia inscribed upon them and at least 18  inches
         square.
              (C)  "OVERSIZE LOAD" signs are mandatory on the
         front  and  rear  of all vehicles with loads over 10
         feet wide.  These signs must have 12-inch high black
         letters with a 2-inch stroke on a yellow  sign  that
         is 7 feet wide by 18 inches high.
              (D)  One  civilian  escort  vehicle is required
         for a load that exceeds 14 feet 6  inches  in  width
         and  2  civilian  escort vehicles are required for a
         load that exceeds 16 feet in width on  the  National
         System  of  Interstate and Defense Highways or other
         highways in the system of State highways.
              (E)  The requirements  for  a  civilian  escort
         vehicle and driver are as follows:
                   (1)  The  civilian escort vehicle shall be
              a passenger car or a  second  division  vehicle
              not  exceeding  a gross vehicle weight of 8,000
              pounds that is designed  to  afford  clear  and
              unobstructed vision to both front and rear.
                   (2)  The  escort  vehicle  driver  must be
              properly licensed to operate the vehicle.
                   (3)  While in use, the escort vehicle must
              be   equipped   with   illuminated    rotating,
              oscillating,   or   flashing  amber  lights  or
              flashing amber strobe  lights  mounted  on  top
              that  are of sufficient intensity to be visible
              at 500 feet in normal sunlight.
                   (4)  "OVERSIZE LOAD" signs  are  mandatory
              on  all escort vehicles.  The sign on an escort
              vehicle shall have 8-inch high black letters on
              a yellow sign that is 5 feet wide by 12  inches
              high.
                   (5)  When   only  one  escort  vehicle  is
              required and it  is  operating  on  a  two-lane
              highway,   the   escort  vehicle  shall  travel
              approximately 300 feet ahead of the load.   The
              rotating,  oscillating,  or  flashing lights or
              flashing amber strobe lights and  an  "OVERSIZE
              LOAD"  sign  shall  be  displayed on the escort
              vehicle and shall be visible  from  the  front.
              When only one escort vehicle is required and it
              is  operating  on  a multilane divided highway,
              the escort vehicle shall  travel  approximately
              300  feet  behind  the  load  and  the sign and
              lights shall be visible from the rear.
                   (6)  When 2 escort vehicles are  required,
              one  escort shall travel approximately 300 feet
              ahead of the load and the second  escort  shall
              travel  approximately 300 feet behind the load.
              The rotating, oscillating, or  flashing  lights
              or   flashing   amber   strobe  lights  and  an
              "OVERSIZE LOAD" sign shall be displayed on  the
              escort  vehicles  and shall be visible from the
              front on the lead escort and from the  rear  on
              the trailing escort.
                   (7)  When  traveling  within the corporate
              limits of a municipality,  the  escort  vehicle
              shall maintain a reasonable and proper distance
              from   the   oversize   load,  consistent  with
              existing traffic conditions.
                   (8)  A separate escort shall  be  provided
              for each load hauled.
                   (9)  The driver of an escort vehicle shall
              obey all traffic laws.
                   (10)  The  escort  vehicle must be in safe
              operational condition.
                   (11)  The driver  of  the  escort  vehicle
              must be in radio contact with the driver of the
              vehicle carrying the oversize load.
              (F)  A  transport  vehicle  while under load of
         more than 8 feet 6 inches in width must be  equipped
         with  illuminated rotating, oscillating, or flashing
         amber lights or flashing amber strobe lights mounted
         on the top of the cab or on the  load  that  are  of
         sufficient  intensity  to  be visible at 500 feet in
         normal sunlight.
              (G)  When a flashing amber light is required on
         the transport vehicle under load and it is operating
         on a two-lane highway, the transport  vehicle  shall
         display   to   the   rear  at  least  one  rotating,
         oscillating, or flashing light or a  flashing  amber
         strobe  light  and  an "OVERSIZE LOAD" sign.  When a
         flashing amber light is required  on  the  transport
         vehicle   under  load  and  it  is  operating  on  a
         multilane divided highway, the sign and light  shall
         be visible from the rear.
              (H)  Maximum  speed  shall be 45 miles per hour
         on all such moves or 5  miles  per  hour  above  the
         posted  minimum  speed  limit, whichever is greater,
         but the vehicle shall not at  any  time  exceed  the
         posted maximum speed limit.
         (3)  Portable   buildings   designed  and  used  for
    agricultural and livestock raising  operations  that  are
    not  more  than  14  feet wide and with not more than a 1
    foot overhang along the left side of the hauling vehicle.
    However, the buildings shall not be transported more than
    10 miles and not  on  any  route  that  is  part  of  the
    National System of Interstate and Defense Highways.
    All  buildings  when  being  transported shall display at
least 2 red cloth flags, not  less  than  12  inches  square,
mounted  as high as practicable on the left and right side of
the building.
    A  State  Police  escort  shall  be  required  if  it  is
necessary for this load to use part of  the  left  lane  when
crossing any 2 laned State highway bridge.
    (c)  Vehicles  propelled  by electric power obtained from
overhead trolley wires operated wholly within  the  corporate
limits  of  a  municipality  are  also  exempt from the width
limitation.
    (d)  Exemptions are also granted to vehicles designed for
the carrying of more than  10  persons  under  the  following
conditions:
         (1)  (Blank);
         (2)  When  operated within any public transportation
    service with the approval  of  local  authorities  or  an
    appropriate  public  body  authorized  by  law to provide
    public transportation.  Any vehicle so operated may be  8
    feet 6 inches in width; or
         (3)  When  a  county  engineer  or superintendent of
    highways, after giving  due  consideration  to  the  mass
    transportation  needs  of  the  area and to the width and
    condition of the road, has determined that the  operation
    of  buses wider than 8 feet will not pose an undue safety
    hazard on a particular county or township  road  segment,
    he  or  she  may  authorize  buses not to exceed 8 feet 6
    inches in width on any highway under that engineer's   or
    superintendent's jurisdiction.
    (e)  A  vehicle  and  load  traveling  upon  the National
System of  Interstate  and  Defense  Highways  or  any  other
highway  in  the  system  of  State  highways  that  has been
designated  as  a  Class  I  or  Class  II  highway  by   the
Department,  or  any  street  or  highway designated by local
authorities or road district commissioners, may have a  total
outside  width  of  8  feet  6  inches, provided that certain
safety devices that the Department  determines  as  necessary
for  the safe and efficient operation of motor vehicles shall
not be included in the calculation of width.
    Vehicles operating under this paragraph  (e)  shall  have
access  for a distance of one highway mile to or from a Class
I highway on any street or highway, unless there  is  a  sign
prohibiting the access, or 5 highway miles to or from a Class
I or II highway on a street or highway included in the system
of  State  highways and upon any street or highway designated
by local authorities or road district commissioners,  without
additional  fees,  to  points of loading and unloading and to
facilities for food, fuel, repairs and rest. In addition, any
trailer or semitrailer not exceeding  28  feet  6  inches  in
length,  that  was  originally  in  combination  with a truck
tractor, and all household  goods  carriers,  when  operating
under  paragraph  (e), shall have access to points of loading
and unloading.
    Section 5-35 of the Illinois Administrative Procedure Act
relating to procedures for rulemaking shall not apply to  the
designation of highways under this paragraph (e).
    (f)  Mirrors  required by Section 12-502 of this Code and
other safety devices identified by the Department may project
up to 14 inches beyond each side of a bus and up to 6  inches
beyond  each  side  of any other vehicle, and that projection
shall not be deemed a violation of the width restrictions  of
this Section.
    (g)  Any  person  who  is  convicted  of  violating  this
Section  is  subject  to the penalty as provided in paragraph
(b) of Section 15-113.
(Source: P.A. 88-45; 88-476; 88-517;  88-589,  eff.  8-14-94;
88-670,  eff.  12-2-94;  88-675,  eff. 12-14-94; 88-684, eff.
1-24-95; 89-551, eff. 1-1-97; 89-658,  eff.  1-1-97;  revised
9-3-96.)

    (625 ILCS 5/18c-1104) (from Ch. 95 1/2, par. 18c-1104)
    Sec.  18c-1104.   Definitions.  The following terms, when
used  in  this  Chapter,  have  the  hereinafter   designated
meanings unless their context clearly indicates otherwise:
    (1)  "Broker" means any person other than a motor carrier
of  property,  that  arranges,  offers  to  arrange, or holds
itself out, by solicitation, advertisement, or otherwise,  as
arranging  or  offering to arrange for-hire transportation of
property or other service in connection therewith by a  motor
carrier  of  property  which  holds  or is required to hold a
license issued by the Commission.
    (2)  "Carrier" means any motor carrier  or  rail  carrier
other than a private carrier.
    (3)  "Certificate"   means   a   certificate   of  public
convenience and necessity issued under this Chapter to common
carriers of household goods or common carriers by.
    (4)  "Commission" means the Illinois Commerce Commission.
    (5)  "Commission regulations and orders" means rules  and
regulations  adopted  and  orders  or decisions issued by the
Commission pursuant to this Chapter; any certificate, permit,
broker's license or  other  license  or  registration  issued
pursuant  to  such  rules, regulations, orders and decisions;
and all terms, conditions, or limitations thereof.
    (6)  (Blank).
    (7)  (Blank).
    (8)  (Blank).
    (9)  "Discrimination" means undue discrimination  in  the
context of the particular mode of transportation involved.
    (10)  "Farm   crossing"   means   a   crossing  used  for
agricultural and livestock purposes only.
    (11)  "For-hire"  means   for   compensation   or   hire,
regardless   of   the   form   of  compensation  and  whether
compensation is direct or indirect.
    (12)  "Freight forwarder" means any person other  than  a
motor  carrier,  rail  carrier, or common carrier by pipeline
which holds  itself  out  as  a  common  carrier  to  provide
transportation  of property, for compensation or hire, which,
in the rendition of its services:
         (a)  Undertakes responsibility for the consolidation
    (where  applicable),  transportation,  break-bulk  (where
    applicable), and distribution  of such property from  the
    point of receipt to the point of delivery; and
         (b)  Utilizes,   for   the  transportation  of  such
    property, the services of one or more motor  carriers  or
    rail carriers.
    (13)  "Hazardous   material"   means   any  substance  or
material in a quantity and form  determined  by  the  federal
Office  of  Hazardous  Materials  and  the  Federal  Railroad
Administration  to  be capable of posing an unreasonable risk
to health, safety, or property when transported in commerce.
    (13.1)  "Household goods" means:
         (A)  Personal effects and property  used  or  to  be
    used in a dwelling when a part of the equipment or supply
    of  such  dwelling;  except  that this subdivision (13.1)
    shall not be construed to include property moving from  a
    factory or store, except such property as the householder
    has  purchased  with intent to use in his or her dwelling
    and that is  transported  at  the  request  of,  and  the
    transportation  charges  paid  to  the  carrier  by,  the
    householder;
         (B)  Furniture,   fixtures,   equipment,   and   the
    property   of  stores,  offices,  museums,  institutions,
    hospitals, or other establishments, when a  part  of  the
    stock,  equipment,  or  supply  of  such stores, offices,
    museums,    institutions,     hospitals,     or     other
    establishments; except that this subdivision (13.1) shall
    not  be  construed  to  include the stock-in-trade of any
    establishment, whether consignor or consignee, other than
    used furniture and used fixtures, except when transported
    as an incident to the moving of the establishment,  or  a
    portion thereof, from one location to another; and
         (C)  Articles,   including,   but  not  limited  to,
    objects of art, displays, and exhibits, which, because of
    their unusual nature or value,  require  the  specialized
    handling   and   equipment  usually  employed  in  moving
    household goods;  except  that  this  subdivision  (13.1)
    shall  not  be  construed to include any article, whether
    crated or uncrated, that does not, because of its unusual
    nature or value, require  the  specialized  handling  and
    equipment usually employed in moving household goods.
    (13.2)  "Household  goods  carrier" means a motor carrier
of property authorized to transport household goods.
    (13.3)  "Household  goods  common  carrier"   means   any
household  goods  carrier  engaged  in transportation for the
general public over regular or irregular  routes.   Household
goods  common  carriers  may  also  be referred to as "common
carriers of household goods.".
    (13.4)  "Household  goods  contract  carrier"  means  any
household  goods  carrier  engaged  in  transportation  under
contract with a limited number of shippers (that shall not be
freight forwarders, shippers' agents or brokers) that  either
(a) assigns motor vehicles for a continuing period of time to
the  exclusive  use of the shipper or shippers served, or (b)
furnishes  transportation  service  designed  to   meet   the
distinct  need  of the shipper or shippers served.  Household
goods contract carriers may also be referred to as  "contract
carriers of household goods.".
    (14)  "Interstate  carrier"  means  any person engaged in
the  for-hire  transportation  of  persons  or  property   in
interstate  or foreign commerce in this State, whether or not
such transportation is pursuant to authority issued to it  by
the Interstate Commerce Commission.
    (15)  "Intrastate  carrier"  means  any person engaged in
the  for-hire  transportation  of  persons  or  property   in
intrastate commerce in this State.
    (16)  "Interstate  commerce"  means  commerce  between  a
point  in the State of Illinois and a point outside the State
of Illinois, or between points outside the State of  Illinois
when  such commerce moves through Illinois, or between points
in Illinois moving through  another  state  in  a  bona  fide
operation  that  is  either exempt from federal regulation or
moves under a certificate or permit issued by the  Interstate
Commerce  Commission  authorizing  interstate transportation,
whether such commerce moves wholly by motor vehicle or partly
by motor vehicle and partly by any other regulated  means  of
transportation  where  the commodity does not come to rest or
change  its  identity  during  the  movement,  and   includes
commerce  originating  or  terminating  in  a foreign country
moving through the State of Illinois.
    (17)  "Intrastate commerce" means commerce moving  wholly
between  points  within  the  State of Illinois, whether such
commerce moves wholly by one transportation mode or partly by
one mode and partly by any other mode of transportation.
    (18)  "License" means any certificate,  permit,  broker's
license,  or  other  license  issued under this Chapter.  For
purposes of Article III of Sub-chapter  4  of  this  Chapter,
"license" does not include a "public carrier certificate.".
    (19)  "Motor  carrier"  means  any  person engaged in the
transportation of property or passengers, or both, for  hire,
over the public roads of this State, by motor vehicle.  Motor
carriers  engaged  in  the  transportation  of  property  are
referred  to  as "motor carriers of property"; motor carriers
engaged in the transportation of passengers are  referred  to
as "motor carriers of passengers" or "bus companies.".
    (20)  "Motor   vehicle"   means   any   vehicle,   truck,
trucktractor,  trailer  or  semitrailer propelled or drawn by
mechanical power and used upon the highways of the  State  in
the transportation of property or passengers.
    (21)  "Non-relocation towing" means the:
         (a)  For-hire  transportation  of vehicles by use of
    wrecker or towing equipment, other than  the  removal  of
    trespassing vehicles from private property subject to the
    provisions  of  Chapter  18a of this Code, and other than
    transportation exempted by Section 18c-4102; and
         (b)  For-hire towing of wheeled property other  than
    vehicles.
    (22)  "Notice"  means  with  regard  to  all  proceedings
except  enforcement  proceedings  instituted on the motion of
the Commission,  and  except  for  interstate  motor  carrier
registrations,  public  notice by publication in the official
state newspaper, unless otherwise provided in this Chapter.
    (23)  "Official  state  newspaper"  means  the  newspaper
designated and certified to the Commission  annually  by  the
Director  of  Central  Management  Services  of  the State of
Illinois, or, if  said  Director  fails  to  certify  to  the
Commission  the  name  and  address of the official newspaper
selected by the Director prior to expiration of the  previous
certification,  the  newspaper  designated in the most recent
certification.
    (24)  "Party" means any person admitted as a party  to  a
Commission  proceeding or seeking and entitled as a matter of
right to admission as a party to a Commission proceeding.
    (25)  "Permit" means a permit issued under  this  Chapter
to contract carriers of property by motor vehicle.
    (26)  "Person"  means any natural person or legal entity,
whether  such  entity  is  a   proprietorship,   partnership,
corporation,  association,  or  other  entity,  and,  where a
provision  concerns  the  acts  or  omissions  of  a  person,
includes the partners, officers, employees, and agents of the
person, as well as any  trustees,  assignees,  receivers,  or
personal representatives of the person.
    (27)  "Private carrier by motor vehicle" means any person
engaged  in  the  transportation of property or passengers by
motor vehicle other than for hire, whether the person is  the
owner,  lessee or bailee of the lading or otherwise, when the
transportation is for the purpose of sale, lease, or bailment
and in furtherance of the person's  primary  business,  other
than transportation.  "Private carriers by motor vehicle" may
be  referred  to as "private carriers.".  Ownership, lease or
bailment of the lading is not sufficient proof of  a  private
carrier  operation if the carrier is, in fact, engaged in the
transportation of property for-hire.
    (27.1)  "Public  carrier"  means  a  motor   carrier   of
property, other than a household goods carrier.
    (27.2)  "Public  carrier certificate" means a certificate
issued to a motor carrier to transport property,  other  than
household  goods,  in intrastate commerce.  The issuance of a
public carrier  certificate  shall  not  be  subject  to  the
provisions of Article I of Sub-chapter 2 of this Chapter.
    (28)  "Public   convenience   and   necessity"  shall  be
construed to have the same meaning under this Chapter  as  it
was  construed by the courts to have under the Illinois Motor
Carrier of Property Law, with respect to  motor  carriers  of
property,  and  the  Public  Utilities Act "An Act concerning
public utilities", approved June 29, 1921, as  amended,  with
respect to motor carriers of passengers and rail carriers.
    (29)  "Public  interest"  shall  be construed to have the
same meaning under this Chapter as it was  construed  by  the
courts  to  have under the Illinois Motor Carrier of Property
Law.
    (30)  "Rail carrier" means  any  person  engaged  in  the
transportation   of   property  or  passengers  for  hire  by
railroad, together with  all  employees  or  agents  of  such
person or entity, and all property used, controlled, or owned
by such person or entity.
    (31)  "Railroad"  means  track and associated structures,
including bridges, tunnels, switches,  spurs,  terminals  and
other  facilities,  and equipment, including engines, freight
cars, passenger cars, cabooses, and other equipment, used  in
the transportation of property or passengers by rail.
    (32)  "Rail  yard"  means  a  system  of parallel tracks,
cross-overs and switches where cars are switched and made  up
into  trains,  and where cars, locomotives, and other rolling
stock are kept when not in use or awaiting repairs.  A  "rail
yard" may also be referred to as a "yard".
    (33)  "Rate"  means every individual or joint rate, fare,
toll, or charge of any carrier or  carriers,  any  provisions
relating  to  application thereof, and any tariff or schedule
containing rates and provisions.  The term "tariff" refers to
a publication or document  containing  motor  common  carrier
rates  and  provisions or rates and provisions applicable via
rail carrier under contracts established pursuant to 49  U.S.
Code  10713.   The term "schedule" refers to a publication or
document  containing  motor  contract   carrier   rates   and
provisions.
    (34)  "Registration"  means  a  registration issued to an
interstate carrier.
    (35)  "Shipper" means the consignor or consignee.
    (36)  "Terminal area" means,  in  addition  to  the  area
within  the  corporate  boundary  of  an  incorporated  city,
village, municipality, or community center, the area (whether
incorporated  or  unincorporated)  within 10 air miles of the
corporate limits of the base city, village, municipality,  or
community  center,  including  all  of  any  city, village or
municipality which lies within such area.
    (37)  "Transfer" means the  sale,  lease,  consolidation,
merger,  acquisition  or change of control, or other transfer
of a license, in whole or in part.
    (38)  "Transportation"  means  the  actual  movement   of
property  or  passengers  by motor vehicle (without regard to
ownership  of  vehicles  or  equipment  used   in   providing
transportation   service)  or  rail  together  with  loading,
unloading, and any other  accessorial  or  ancillary  service
provided  by the carrier in connection with movement by motor
vehicle or rail, which is performed by or on  behalf  of  the
carriers,  its employees or agents, or under the authority or
direction of the carrier or under the apparent  authority  or
direction   and   with   the   knowledge   of   the  carrier.
Transportation  of  property  by   motor   vehicle   includes
driveaway or towaway delivery service.
    (39)  "Towing"  means  the pushing, towing, or drawing of
wheeled property by means of a crane, hoist, towbar, towline,
or auxiliary axle.
    (40)  "Wrecker or towing equipment" means tow  trucks  or
auxiliary axles, when used in relation to towing accidentally
wrecked  or  disabled  vehicles;  and  roll-back  carriers or
trailers, when used in relation to transporting  accidentally
wrecked  or  disabled  vehicles.  Wrecker or towing equipment
does  not  include  car  carriers  or  trailers  other   than
roll-back car carriers or trailers.
(Source:  P.A.  89-42,  eff.  1-1-96;  89-444,  eff. 1-25-96;
revised 1-27-96.)

    (625 ILCS 5/18c-3204) (from Ch. 95 1/2, par. 18c-3204)
    Sec. 18c-3204.  Rate Proceedings.
    (1)  Initiation  of  proceedings.   The  Commission   may
initiate  a proceeding to investigate or prescribe tariffs or
schedules on its own motion or on complaint.
    (2)  Suspension of tariffs and schedules.
         (a)  Suspension of  tariffs.    The  Commission  may
    suspend  a  tariff,  in  whole  or  in  part,  during the
    pendency of a proceeding to consider  the  reasonableness
    of  the  tariff,  or  to  consider  whether the tariff is
    discriminatory,  or  to  consider  whether   the   tariff
    otherwise violates provisions of this Chapter, Commission
    regulations  or  orders, provided the order of suspension
    is issued prior to the effective date of the tariff.  The
    suspension shall remain in effect for the period  allowed
    under  this  Chapter unless the Commission order provides
    for a shorter period of suspension.  At the  end  of  the
    statutory   suspension   period  the  suspension  may  be
    extended by agreement  of  the  parties;  otherwise,  the
    tariff  shall  go  into effect.  The statutory suspension
    period is:
              (i)  Seven  months  for  public  carriers   and
         household goods common carriers;
              (ii)  One  hundred  and  twenty  days for motor
         carriers of passengers; and
              (iii)  Five months for  rail  carriers,  unless
         the period is extended for an additional 3 months in
         accordance   with   provisions   of  the  Interstate
         Commerce Act.
         (b)  Suspension of  schedules.  The  Commission  may
    suspend  a  household goods contract carrier schedule, in

    whole or in part, during the pendency of a proceeding  to
    consider whether the schedule violates provisions of this
    Chapter,  Commission  regulations or orders, provided the
    order of suspension is issued prior to the effective date
    of the schedule.  The suspension shall remain  in  effect
    for  7  months unless the Commission order provides for a
    shorter period of suspension.  At the end of this period,
    the suspension  may  be  extended  by  agreement  of  the
    parties; otherwise, the schedule shall go into effect.
         (c)  Burden  of  proof in investigation proceedings.
    The burden of proof in an investigation proceeding  shall
    be on the proponent of the rate unless otherwise provided
    in  a  valid preemptive federal statute which governs the
    rate.
    (3)  Prescription   of   tariffs   and   schedules.   The
Commission may prescribe tariffs where it has determined,  in
accordance  with  Section  18c-2102  of  this Chapter, that a
tariff   published   by   a    carrier    is    unreasonable,
discriminatory,  or  otherwise  in violation of this Chapter,
Commission  regulations  or  orders.   The   Commission   may
prescribe  schedules  where it has determined, after hearing,
that a schedule filed by a carrier is in  violation  of  this
Chapter, Commission regulations or orders.
    (4)  Relief.  The Commission may, where it finds a tariff
or  schedule  to  be  in  violation  of  this  Chapter,   its
regulations  or  orders,  or  finds  rates or provisions in a
tariff  unjust,  unreasonable,  or  discriminatory,  and   in
accordance  with Section 18c-2102 of this Chapter, direct the
carrier to:
         (a)  Publish and file a  supplement  cancelling  the
    tariff or file notice of cancellation of the schedule, in
    whole or in part;
         (b)  Publish  and  file  a  new tariff or file a new
    schedule containing rates and  provisions  prescribed  by
    the Commission; and
         (c)  Repay    any   overcharges   or   collect   any
    undercharges, and, except with regard to household  goods
    carriers, pay reparations.
(Source:  P.A.  89-42,  eff.  1-1-96;  89-444,  eff. 1-25-96;
revised 1-27-96.)

    Section 2-230.  The Juvenile Court Act of 1987 is amended
by changing Sections 5-10 and 5-23 as follows:

    (705 ILCS 405/5-10) (from Ch. 37, par. 805-10)
    Sec. 5-10.  Detention or shelter  care  hearing.  At  the
appearance  of the minor before the court at the detention or
shelter care hearing, all witnesses present shall be examined
before the court in relation to any matter connected with the
allegations made in the petition.  No  hearing  may  be  held
unless the minor is represented by counsel.
    (1)  If  the court finds that there is not probable cause
to believe that the minor is  a  delinquent  minor  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 a delinquent minor, the minor,  his
or  her parent, guardian, custodian and other persons able to
give relevant testimony shall be examined before  the  court.
After  such  testimony, the court may enter an order that the
minor shall  be  released  upon  the  request  of  a  parent,
guardian  or  custodian  if the parent, guardian or custodian
appears to take custody.  Custodian shall include any  agency
of  the State which has been given custody or wardship of the
child.
    If the court finds that it is a matter of  immediate  and
urgent  necessity  for  the protection of the minor or of the
person or property of another that the minor be  detained  or
placed in a shelter care facility or that he or she is likely
to  flee  the  jurisdiction  of  the  court,  the  court  may
prescribe  detention or 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; otherwise it shall release the minor from custody. If
the court prescribes shelter care, then 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  making  the
determination  of  the  existence  of  immediate  and  urgent
necessity, the court shall consider among other matters:  (a)
the  nature  and  seriousness of the alleged offense; (b) the
minor's record of delinquency offenses, including whether the
minor has delinquency cases pending; (c) the  minor's  record
of  willful  failure  to  appear  following the issuance of a
summons or warrant; and (d) the availability of non-custodial
alternatives, including the presence of a parent, guardian or
other  responsible  relative  able  and  willing  to  provide
supervision and care for the minor and to assure his  or  her
compliance with a summons.  If the minor is ordered placed in
a  shelter  care facility of a licensed child welfare agency,
the court shall, upon request  of  the  agency,  appoint  the
appropriate agency executive temporary custodian of the minor
and  the  court  may  enter  such other orders related to the
temporary custody of the minor as it deems fit and proper.
    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.
    (3)  If  neither  the  parent, guardian, legal custodian,
responsible relative nor counsel of the minor has had  actual
notice  of  or  is  present  at the detention or shelter care
hearing, he or she may file  his  or  her  affidavit  setting
forth  these  facts,  and  the clerk shall set the matter for
rehearing not later than  24  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.
    (4)  Only when there is reasonable cause to believe  that
the  minor  taken  into custody is a delinquent minor may the
minor be kept or detained in a juvenile detention home.  This
Section shall in no way be construed to limit subsection (5).
    (5)  Except as provided in  subsection  (5.1),  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 17 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.
    (5.1) (a)  If  a  minor  12  years  of  age  or  older is
confined in a county jail, in  a  county  with  a  population
below  3,000,000  inhabitants,  then  the minor's confinement
shall be implemented in such a manner that there will  be  no
contact  by  sight,  sound or otherwise between the minor and
adult prisoners.  Minors 12 years of age  or  older  must  be
kept separate from confined adults and may not at any time be
kept  in  the  same cell, room, or yard with confined adults.
This paragraph  (5.1)(a)  shall  only  apply  to  confinement
pending  an  adjudicatory  hearing  and  shall  not exceed 36
hours, excluding Saturdays,  Sundays,  and  court  designated
holidays.   To accept or hold minors during this time period,
county jails shall comply with all monitoring  standards  for
juvenile  detention  homes  promulgated  by the Department of
Corrections and training standards approved by  the  Illinois
Law Enforcement Training Standards Board.
    (b)  To  accept or hold minors, 12 years of age or older,
after the time period prescribed  in  paragraph  (5.1)(a)  of
this  Section  but  not exceeding 7 days including Saturdays,
Sundays,  and  holidays,  pending  an  adjudicatory  hearing,
county  jails  shall  comply  with  all  temporary  detention
standards promulgated by the Department  of  Corrections  and
training  standards  approved by the Illinois Law Enforcement
Training Standards Board.
    (c)  To accept or hold minors 12 years of age  or  older,
after  the time period  prescribed in paragraphs (5.1)(a) and
(5.1)(b), county jails shall comply with all programmatic and
training standards for juvenile detention  homes  promulgated
by the Department of Corrections.
    (6)  If  the  minor  is  not  brought  before  a judicial
officer within the time period as specified in  Section  5-9,
the minor must immediately be released from custody.
    (7)  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 Human Services
or a licensed child welfare agency. The time during  which  a
minor  is in custody after being released upon the request of
a parent, guardian or custodian shall be considered  as  time
spent in detention.
    (8)  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, may file a motion 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 detention or shelter care;
or
    (b)  There is a material change in the  circumstances  of
the natural family from which the minor was removed; or
    (c)  A  person,  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.
    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.
(Source:  P.A.  89-21,  eff.  7-1-95;  89-422;  89-507,  eff.
7-1-97; 89-656, eff. 1-1-97; revised 9-12-96.)

    (705 ILCS 405/5-23) (from Ch. 37, par. 805-23)
    Sec. 5-23.  Kinds of dispositional orders.
    (1)  The following kinds of orders of disposition may  be
made in respect of wards of the court:
         (a)  Except  as provided in Section 5-33 and Section
    5-35, a minor found to be a delinquent under Section  5-3
    may be:
              (1)  put  on probation or conditional discharge
         and released to his  or  her  parents,  guardian  or
         legal  custodian,  provided,  however, that any such
         minor who is not  committed  to  the  Department  of
         Corrections, Juvenile Division under this subsection
         and  who  is found to be a delinquent for an offense
         which is first degree murder, a Class X felony, or a
         forcible felony shall be placed on probation;
              (2)  placed in accordance  with  Section  5-29,
         with  or  without  also  being  put  on probation or
         conditional discharge;
              (3)  where authorized under the Alcoholism  and
         Other   Drug   Abuse  and  Dependency  Act,  ordered
         admitted for treatment for  drug  addiction  by  the
         Department of Human Services;
              (4)  committed  to  the  Department of Children
         and Family Services,  but  only  if  the  delinquent
         minor is under 13 years of age;
              (5)  placed  in  detention  for a period not to
         exceed 30 days, either as  the  exclusive  order  of
         disposition  or,  where  appropriate, in conjunction
         with any other order  of  disposition  issued  under
         this  paragraph,  provided  that  any such detention
         shall be in a juvenile detention home and the  minor
         so  detained  shall  be  10  years  of age or older.
         However, the 30-day limitation may  be  extended  by
         further  order of the court for a minor under age 13
         committed to the Department of Children  and  Family
         Services  if  the  court  finds  that the minor is a
         danger to himself or others.   The  minor  shall  be
         given credit on the dispositional order of detention
         for  time spent in detention under Sections 5-10(2),
         5-14(b)(2), 5-23(1)(b), or 5-25(2) of this Act as  a
         result  of  the  offense for which the dispositional
         order was imposed.  The court may grant credit on  a
         dispositional  order  of  detention  entered under a
         violation of probation or violation  of  conditional
         discharge  under  Section  5-25 of this Act for time
         spent in detention before the filing of the petition
         alleging  the  violation.   A  minor  shall  not  be
         deprived of  credit  for  time  spent  in  detention
         before  the  filing  of  a violation of probation or
         conditional discharge alleging the same  or  related
         act(s);
              (6)  ordered     partially     or    completely
         emancipated in accordance with the provisions of the
         Emancipation of Mature Minors Act; or
              (7)  put on probation or conditional  discharge
         and  placed in detention under Section 3-6039 of the
         Counties Code for a period not to exceed the  period
         of  incarceration  permitted by law for adults found
         guilty of the same offense or offenses for which the
         minor was adjudicated delinquent, and in  any  event
         no  longer  than  upon  attainment  of  age 21; this
         subdivision   (7)   notwithstanding   any   contrary
         provision of the law.
         (b)  A minor found to be delinquent may be committed
    to the  Department  of  Corrections,  Juvenile  Division,
    under  Section  5-33  if  the minor is 13 years of age or
    older, provided that the commitment to the Department  of
    Corrections,  Juvenile  Division, shall be made only if a
    term of incarceration is  permitted  by  law  for  adults
    found  guilty  of  the  offense  for  which the minor was
    adjudicated delinquent.  The time during which a minor is
    in custody before being released upon the  request  of  a
    parent, guardian or custodian shall be considered as time
    spent in detention.
    (1.1)  When  a  minor  is  found  to be delinquent for an
offense which is  a  violation  of  the  Illinois  Controlled
Substances Act or the Cannabis Control Act and made a ward of
the  court, the court may enter a disposition order requiring
the minor to undergo assessment, counseling or treatment in a
substance abuse program approved by the Department  of  Human
Services.
    (2)  Any  order  of  disposition other than commitment to
the Department of Corrections, Juvenile Division, may provide
for protective supervision under Section 5-26 and may include
an order of protection under Section 5-27.
    (3)  Unless  the  order  of  disposition   expressly   so
provides,  it  does  not  operate to close proceedings on the
pending petition, but is subject to modification until  final
closing and discharge of the proceedings under Section 5-34.
    (4)  In  addition  to any other order of disposition, the
court may order any minor found  to  be  delinquent  to  make
restitution,  in  monetary  or  non-monetary  form, under the
terms and conditions of Section 5-5-6 of the Unified Code  of
Corrections,  except  that the "presentence hearing" referred
to therein shall be the dispositional hearing for purposes of
this Section. The parent, guardian or legal custodian of  the
minor  may  be ordered by the court to pay some or all of the
restitution on the minor's behalf, pursuant to  the  Parental
Responsibility Law, as now or hereafter amended.  The State's
Attorney  is  authorized  to  act  on behalf of any victim in
seeking restitution in proceedings under this Section, up  to
the  maximum  amount  allowed  in  Section  5 of the Parental
Responsibility Law.
    (5)  Any  order  for  disposition  where  the  minor   is
committed  or  placed  in  accordance with Section 5-29 shall
provide for the parents or guardian of  the  estate  of  such
minor to pay to the legal custodian or guardian of the person
of  the minor such sums as are determined by the custodian or
guardian of the person of the  minor  as  necessary  for  the
minor's  needs.  Such  payments  may  not  exceed the maximum
amounts provided for by  Section  9.1  of  the  Children  and
Family Services Act.
    (6)  Whenever the order of disposition requires the minor
to attend school or participate in a program of training, the
truant  officer or designated school official shall regularly
report to the court if the minor is  a  chronic  or  habitual
truant under Section 26-2a of the School Code.
    (7)  In  no  event  shall a delinquent minor be committed
for a period of time in excess of that period  for  which  an
adult could be committed for the same act.
    (8)  A  minor  found  to  be  delinquent for reasons that
include a violation of Section 21-1.3 of the Criminal Code of
1961 shall be ordered to perform community  service  for  not
less  than  30  and  not  more  than  120 hours, if community
service is available  in  the  jurisdiction.   The  community
service  shall  include,  but  need  not  be  limited to, the
cleanup and repair of the  damage  that  was  caused  by  the
violation  or  similar  damage  to  property  located  in the
municipality or county in which the violation occurred.   The
order  may  be  in  addition to any other order authorized by
this Section.
    (9)  In addition to any other order of  disposition,  the
court shall order any minor found to be delinquent for an act
which  would  constitute  criminal sexual assault, aggravated
criminal sexual abuse, or criminal sexual abuse if  committed
by  an  adult to undergo medical testing to determine whether
the  defendant  has  any   sexually   transmissible   disease
including  a  test  for infection with human immunodeficiency
virus (HIV) or  any  other  identified  causative  agency  of
acquired  immunodeficiency syndrome (AIDS).  Any medical test
shall be performed only  by  appropriately  licensed  medical
practitioners  and  may  include  an  analysis  of any bodily
fluids as well as  an  examination  of  the  minor's  person.
Except  as otherwise provided by law, the results of the test
shall be kept strictly confidential by all medical  personnel
involved in the testing and must be personally delivered in a
sealed  envelope  to  the  judge  of  the  court in which the
disposition order was entered for the judge's  inspection  in
camera.   Acting in accordance with the best interests of the
victim and the public, the judge shall have the discretion to
determine to whom the results of the testing may be revealed.
The court shall notify the minor of the results of  the  test
for  infection  with  the human immunodeficiency virus (HIV).
The court shall also notify the victim if  requested  by  the
victim,  and  if  the  victim  is  under the age of 15 and if
requested by the victim's  parents  or  legal  guardian,  the
court shall notify the victim's parents or the legal guardian
of  the  results  of  the  test  for infection with the human
immunodeficiency  virus  (HIV).   The  court  shall   provide
information on the availability of HIV testing and counseling
at  Department  of Public Health facilities to all parties to
whom the results of the  testing  are  revealed.   The  court
shall  order  that  the cost of any test shall be paid by the
county and may be taxed as costs against the minor.
    (10)  When a court finds a minor  to  be  delinquent  the
court  shall, before making a disposition under this Section,
make a finding whether the offense committed either: (i)  was
related to or in furtherance of the criminal activities of an
organized  gang or was motivated by the minor's membership in
or allegiance to  an  organized  gang,  or  (ii)  involved  a
violation of paragraph (13) of subsection (a) of the Criminal
Code of 1961, a violation of any Section of Article 24 of the
Criminal  Code  of  1961,  or a violation of any statute that
involved the  wrongful  use  of  a  firearm.   If  the  court
determines  the  question  in  the affirmative, and the court
does not commit the minor to the Department  of  Corrections,
Juvenile Division, the court shall order the minor to perform
community  service  for  not less than 30 hours nor more than
120 hours, provided that community service  is  available  in
the  jurisdiction  and  is  funded and approved by the county
board of the county where the  offense  was  committed.   The
community  service shall include, but need not be limited to,
the cleanup and repair of any damage caused by a violation of
Section 21-1.3 of the  Criminal  Code  of  1961  and  similar
damage  to  property located in the municipality or county in
which the violation occurred.  When possible and  reasonable,
the  community  service  shall  be  performed  in the minor's
neighborhood.  This order shall be in addition to  any  other
order authorized by this Section except for an order to place
the  minor  in  the custody of the Department of Corrections,
Juvenile  Division.   For  the  purposes  of  this   Section,
"organized gang" has the meaning ascribed to it in Section 10
of the Illinois Streetgang Terrorism Omnibus Prevention Act.
(Source: P.A.  88-45;  88-406;  88-460; 88-670, eff. 12-2-94;
88-678, eff. 7-1-95; 88-680 (Sections 45-905 and 50-4),  eff.
1-1-95;  89-8, eff. 3-21-95; 89-21, eff. 7-1-95; 89-235, eff.
8-4-95; 89-302, eff. 8-11-95; 89-507,  eff.  7-1-97;  89-689,
eff. 12-31-96; revised 1-15-97.)

    Section  2-235.   The Criminal Code of 1961 is amended by
changing Section 31-6 as follows:

    (720 ILCS 5/31-6) (from Ch. 38, par. 31-6)
    Sec.  31-6.   Escape;  failure  to  report  to  a   penal
institution or to report for periodic imprisonment.
    (a)  A  person convicted of a felony, or charged with the
commission of a felony who  intentionally  escapes  from  any
penal  institution or from the custody of an employee of that
institution commits a  Class  2  felony;  however,  a  person
convicted  of  a  felony  who  knowingly fails to report to a
penal institution or to report for periodic  imprisonment  at
any  time  or knowingly fails to return from furlough or from
work and day release, or who knowingly fails to abide by  the
terms of home confinement is guilty of a Class 3 felony.
    (b)  A  person convicted of a misdemeanor or charged with
the commission of a  misdemeanor  who  intentionally  escapes
from any penal institution or from the custody of an employee
of that institution commits a Class A misdemeanor; however, a
person  convicted  of  a  misdemeanor  who knowingly fails to
report to a penal  institution  or  to  report  for  periodic
imprisonment  at  any  time or knowingly fails to return from
furlough or from work and day release, or who knowingly fails
to abide by the terms of home  confinement  is  guilty  of  a
Class B misdemeanor.
    (c)  A  person  in  the lawful custody of a peace officer
for the alleged  commission  of  a  felony  offense  and  who
intentionally  escapes from custody commits a Class 2 felony;
however, a person in the lawful custody of  a  peace  officer
for  the  alleged commission of a misdemeanor offense and who
intentionally  escapes  from  custody  commits  a   Class   A
misdemeanor.
    (c-5)  A  person in the lawful custody of a peace officer
for an alleged violation of a term or condition of probation,
conditional  discharge,  parole,  or   mandatory   supervised
release  for  a  felony  and  who  intentionally escapes from
custody is guilty of a Class 2 felony.
    (c-6)  A person in the lawful custody of a peace  officer
for   an   alleged  violation  of  a  term  or  condition  of
supervision,  probation,  or  conditional  discharge  for   a
misdemeanor  and  who  intentionally  escapes from custody is
guilty of a Class A misdemeanor.
    (d)  A person who violates this Section while armed  with
a dangerous weapon commits a Class 1 felony.
(Source:  P.A.  89-647,  eff.  1-1-97;  89-656,  eff. 1-1-97;
89-689, eff. 12-31-96; revised 1-14-97.)
    Section 2-240.  The Code of Criminal Procedure of 1963 is
amended by changing Sections 110-6.3 and 122-1 as follows:

    (725 ILCS 5/110-6.3) (from Ch. 38, par. 110-6.3)
    Sec. 110-6.3.  Denial of bail in stalking and  aggravated
stalking offenses.
    (a)  Upon verified petition by the State, the court shall
hold  a hearing to determine whether bail should be denied to
a defendant  who  is  charged  with  stalking  or  aggravated
stalking,  when  it is alleged that the defendant's admission
to bail poses a real  and  present  threat  to  the  physical
safety  of  the  alleged victim of the offense, and denial of
release on bail or  personal  recognizance  is  necessary  to
prevent  fulfillment  of  the threat upon which the charge is
based.
         (1)  A petition may be filed without prior notice to
    the defendant at the first appearance before a judge,  or
    within  21  calendar  days, except as provided in Section
    110-6, after arrest and release  of  the  defendant  upon
    reasonable  notice  to defendant; provided that while the
    petition is pending before the court,  the  defendant  if
    previously released shall not be detained.
         (2)  The  hearing shall be held immediately upon the
    defendant's appearance before the court, unless for  good
    cause   shown   the   defendant  or  the  State  seeks  a
    continuance.  A continuance on motion  of  the  defendant
    may  not exceed 5 calendar days, and the defendant may be
    held in custody during the continuance.  A continuance on
    the motion of the State may not exceed 3  calendar  days;
    however,  the defendant may be held in custody during the
    continuance under this provision  if  the  defendant  has
    been  previously  found  to  have  violated  an  order of
    protection  or  has  been  previously  convicted  of,  or
    granted court supervision for, any of  the  offenses  set
    forth  in  Sections  12-2,  12-3.2, 12-4, 12-4.1, 12-7.3,
    12-7.4, 12-13, 12-14, 12-14.1,  12-15  or  12-16  of  the
    Criminal  Code  of  1961,  against the same person as the
    alleged victim of the  stalking  or  aggravated  stalking
    offense.
    (b)  The court may deny bail to the defendant when, after
the hearing, it is determined that:
         (1)  the  proof  is evident or the presumption great
    that the defendant has committed the offense of  stalking
    or aggravated stalking; and
         (2)  the  defendant  poses a real and present threat
    to the physical safety  of  the  alleged  victim  of  the
    offense; and
         (3)  the  denial  of  release  on  bail  or personal
    recognizance is necessary to prevent fulfillment  of  the
    threat upon which the charge is based; and
         (4)  the   court   finds   that   no   condition  or
    combination of conditions set forth in subsection (b)  of
    Section  110-10  of  this  Code,  including mental health
    treatment at a community mental health center,  hospital,
    or  facility  of  the  Department  of Human Services, can
    reasonably assure the  physical  safety  of  the  alleged
    victim of the offense.
    (c)  Conduct of the hearings.
         (1)  The  hearing on the defendant's culpability and
    threat to the alleged victim  of  the  offense  shall  be
    conducted in accordance with the following provisions:
              (A)  Information  used  by  the  court  in  its
         findings  or stated in or offered at the hearing may
         be by way of proffer based upon reliable information
         offered by the State or by defendant.  Defendant has
         the right to be represented by counsel, and if he is
         indigent,  to  have  counsel  appointed   for   him.
         Defendant  shall have the opportunity to testify, to
         present  witnesses  in  his  own  behalf,   and   to
         cross-examine  witnesses  if  any  are called by the
         State.  The  defendant  has  the  right  to  present
         witnesses in his favor.  When the ends of justice so
         require,  the  court may exercise its discretion and
         compel the appearance of a complaining witness.  The
         court shall state on the record reasons for granting
         a defense  request  to  compel  the  presence  of  a
         complaining   witness.      Cross-examination  of  a
         complaining  witness  at  the   pretrial   detention
         hearing  for  the purpose of impeaching the witness'
         credibility is insufficient  reason  to  compel  the
         presence  of  the  witness.   In deciding whether to
         compel the appearance of a complaining witness,  the
         court  shall  be  considerate  of  the emotional and
         physical well-being of  the  witness.  The  pretrial
         detention hearing is not to be used for the purposes
         of  discovery,  and  the  post  arraignment rules of
         discovery do not apply.  The State shall  tender  to
         the  defendant,  prior  to  the  hearing,  copies of
         defendant's criminal history, if any, if  available,
         and  any  written  or  recorded  statements  and the
         substance of any oral statements made by any person,
         if relied upon by the State.  The  rules  concerning
         the  admissibility of evidence in criminal trials do
         not apply to the presentation and  consideration  of
         information at the hearing.  At the trial concerning
         the  offense  for  which  the  hearing was conducted
         neither the finding of the court nor any  transcript
         or  other  record of the hearing shall be admissible
         in  the  State's  case  in  chief,  but   shall   be
         admissible   for  impeachment,  or  as  provided  in
         Section 115-10.1 of  this  Code,  or  in  a  perjury
         proceeding.
              (B)  A  motion  by  the  defendant  to suppress
         evidence or to suppress a confession  shall  not  be
         entertained.   Evidence  that  proof  may  have been
         obtained as the result of  an  unlawful  search  and
         seizure  or  through  improper  interrogation is not
         relevant to this state of the prosecution.
         (2)  The facts relied upon by the court to support a
    finding that:
              (A)  the defendant poses  a  real  and  present
         threat  to the physical safety of the alleged victim
         of the offense; and
              (B)  the denial of release on bail or  personal
         recognizance  is necessary to prevent fulfillment of
         the threat upon which the charge is based;
    shall be  supported  by  clear  and  convincing  evidence
    presented by the State.
    (d)  Factors  to  be considered in making a determination
of the threat to the alleged victim of the offense. The court
may, in determining whether the defendant poses, at the  time
of  the  hearing,  a  real and present threat to the physical
safety of the alleged victim of  the  offense,  consider  but
shall not be limited to evidence or testimony concerning:
         (1)  The  nature  and  circumstances  of the offense
    charged;
         (2)  The  history   and   characteristics   of   the
    defendant including:
              (A)  Any  evidence  of  the  defendant's  prior
         criminal  history  indicative of violent, abusive or
         assaultive behavior, or lack of that behavior.   The
         evidence may include testimony or documents received
         in  juvenile  proceedings, criminal, quasi-criminal,
         civil  commitment,  domestic  relations   or   other
         proceedings;
              (B)  Any    evidence    of    the   defendant's
         psychological, psychiatric or other  similar  social
         history  that  tends to indicate a violent, abusive,
         or assaultive nature, or lack of any such history.
         (3)  The nature of the threat which is the basis  of
    the charge against the defendant;
         (4)  Any  statements  made  by, or attributed to the
    defendant, together with  the  circumstances  surrounding
    them;
         (5)  The  age  and  physical condition of any person
    assaulted by the defendant;
         (6)  Whether the defendant is known  to  possess  or
    have access to any weapon or weapons;
         (7)  Whether,  at the time of the current offense or
    any  other  offense  or  arrest,  the  defendant  was  on
    probation, parole, mandatory supervised release or  other
    release from custody pending trial, sentencing, appeal or
    completion  of  sentence  for an offense under federal or
    state law;
         (8)  Any other factors, including  those  listed  in
    Section 110-5 of this Code, deemed by the court to have a
    reasonable  bearing  upon  the  defendant's propensity or
    reputation for violent, abusive or  assaultive  behavior,
    or lack of that behavior.
    (e)  The  court  shall,  in  any  order denying bail to a
person charged with stalking or aggravated stalking:
         (1)  briefly   summarize   the   evidence   of   the
    defendant's culpability and its  reasons  for  concluding
    that the defendant should be held without bail;
         (2)  direct  that  the defendant be committed to the
    custody of the sheriff for confinement in the county jail
    pending trial;
         (3)  direct that the defendant be given a reasonable
    opportunity for private consultation  with  counsel,  and
    for   communication   with   others   of  his  choice  by
    visitation, mail and telephone; and
         (4)  direct that the sheriff deliver  the  defendant
    as  required  for  appearances  in  connection with court
    proceedings.
    (f)  If the court enters an order for  the  detention  of
the  defendant  under  subsection  (e)  of  this Section, the
defendant shall be brought to trial on the offense for  which
he  is  detained  within  90 days after the date on which the
order for detention was entered.  If  the  defendant  is  not
brought  to  trial  within the 90 day period required by this
subsection (f), he shall not be held longer without bail.  In
computing the 90 day period, the court shall omit any  period
of  delay resulting from a continuance granted at the request
of the defendant. The  court  shall  immediately  notify  the
alleged  victim  of  the  offense that the defendant has been
admitted to bail under this subsection.
    (g)  Any person shall be entitled  to  appeal  any  order
entered under this Section denying bail to the defendant.
    (h)  The  State  may  appeal any order entered under this
Section denying any motion for denial of bail.
    (i)  Nothing  in  this  Section  shall  be  construed  as
modifying or limiting in any way the defendant's  presumption
of innocence in further criminal proceedings.
(Source:  P.A.  89-462,  eff.  5-29-96;  89-507, eff. 7-1-97;
revised 8-23-96.)

    (725 ILCS 5/122-1) (from Ch. 38, par. 122-1)
    Sec. 122-1. Petition in the trial court.
    (a)  Any  person  imprisoned  in  the  penitentiary   who
asserts  that in the proceedings which resulted in his or her
conviction there was a  substantial  denial  of  his  or  her
rights  under the Constitution of the United States or of the
State of Illinois or both may institute  a  proceeding  under
this Article.
    (b)  The proceeding shall be commenced by filing with the
clerk  of  the  court  in  which  the conviction took place a
petition  (together  with  a  copy   thereof)   verified   by
affidavit.  Petitioner shall also serve another copy upon the
State's  Attorney by any of the methods provided in Rule 7 of
the Supreme Court.  The clerk shall docket the  petition  for
consideration  by  the court pursuant to Section 122-2.1 upon
his or her receipt thereof and bring the same promptly to the
attention of the court.
    (c)  No proceedings under this Article shall be commenced
more than 6 months after the denial of a petition  for  leave
to  appeal  or the date for filing such a petition if none is
filed or more than 45 days after the defendant files  his  or
her  brief  in the appeal of the sentence before the Illinois
Supreme Court (or more than 45 days after  the  deadline  for
the filing of the defendant's brief with the Illinois Supreme
Court  if  no  brief  is  filed)  or 3 years from the date of
conviction,  whichever  is  sooner,  unless  the   petitioner
alleges  facts  showing  that the delay was not due to his or
her culpable negligence.
    (d)  A person seeking relief by filing a  petition  under
this Section must specify in the petition or its heading that
it  is  filed  under  this  Section.   A trial court that has
received a petition complaining of a conviction  or  sentence
that  fails to specify in the petition or its heading that it
is filed under this Section need not evaluate the petition to
determine whether it could otherwise have stated some grounds
for relief under this Article.
    (e)  A proceeding under this Article may not be commenced
on behalf of a defendant who  has  been  sentenced  to  death
without  the  written  consent  of  the defendant, unless the
defendant, because of a  mental  or  physical  condition,  is
incapable of asserting his or her own claim.
(Source:  P.A.  88-678,  eff.  7-1-95;  89-284,  eff. 1-1-96;
89-609, eff. 1-1-97; 89-684, eff. 6-1-97; revised 1-15-97.)

    Section 2-245.  The Rights of Crime Victims and Witnesses
Act is amended by changing Section 4.5 as follows:

    (725 ILCS 120/4.5)
    Sec. 4.5.  Procedures to implement the  rights  of  crime
victims.    To   afford   crime  victims  their  rights,  law
enforcement, prosecutors, judges and corrections will provide
information, as appropriate of the following procedures:
    (a)  At the request of the crime victim, law  enforcement
authorities  investigating  the  case shall provide notice of
the status of the investigation,  except  where  the  State's
Attorney determines that disclosure of such information would
unreasonably  interfere  with  the  investigation, until such
time  as  the  alleged  assailant  is  apprehended   or   the
investigation is closed.
    (b)  The office of the State's Attorney:
         (1)  shall   provide   notice   of   the  filing  of
    information, the return  of  an  indictment  by  which  a
    prosecution  for  any  violent crime is commenced, or the
    filing  of  a  petition  to  adjudicate  a  minor  as   a
    delinquent for a violent crime;
         (2)  shall  provide  notice  of  the date, time, and
    place of trial;
         (3)  or  victim  advocate  personnel  shall  provide
    information of social services and  financial  assistance
    available  for victims of crime, including information of
    how to apply for these services and assistance;
         (4)  shall assist in  having  any  stolen  or  other
    personal property held by law enforcement authorities for
    evidentiary  or  other purposes returned as expeditiously
    as possible,  pursuant  to  the  procedures  set  out  in
    Section 115-9 of the Code of Criminal Procedure of 1963;
         (5)  or  victim  advocate  personnel  shall  provide
    appropriate employer intercession services to ensure that
    employers  of  victims  will  cooperate with the criminal
    justice system in order to minimize an employee's loss of
    pay and other benefits resulting from court appearances;
         (6)  shall provide information whenever possible, of
    a secure waiting area during court proceedings that  does
    not require victims to be in close proximity to defendant
    or  juveniles  accused  of  a  violent  crime,  and their
    families and friends;
         (7)  shall provide notice to the crime victim of the
    right  to  have  a  translator  present  at   all   court
    proceedings;
         (8)  in  the  case  of  the death of a person, which
    death occurred in the same transaction or  occurrence  in
    which acts occurred for which a defendant is charged with
    an  offense,  shall  notify  the spouse, parent, child or
    sibling of the decedent of the date of the trial  of  the
    person or persons allegedly responsible for the death;
         (9)  shall  inform  the  victim of the right to have
    present at all court proceedings, subject to the rules of
    evidence, an advocate or  other  support  person  of  the
    victim's  choice, and the right to retain an attorney, at
    the victim's own expense, who, upon written notice  filed
    with  the  clerk of the court and State's Attorney, is to
    receive copies of all notices, motions and  court  orders
    filed  thereafter  in  the case, in the same manner as if
    the victim were a named party in the case; and
         (10)  at the sentencing hearing shall  make  a  good
    faith  attempt  to  explain  the  minimum  amount of time
    during which the defendant  may  actually  be  physically
    imprisoned.   The  Office  of  the State's Attorney shall
    further notify the crime victim of the right  to  request
    from the Prisoner Review Board information concerning the
    release  of  the  defendant  under subparagraph (d)(1) of
    this Section; and
         (11)  shall request restitution  at  sentencing  and
    shall  consider  restitution  in any plea negotiation, as
    provided by law.
    (c)  At the written request  of  the  crime  victim,  the
office of the State's Attorney shall:
         (1)  provide  notice a reasonable time in advance of
    the following court proceedings: preliminary hearing, any
    hearing the  effect  of  which  may  be  the  release  of
    defendant  from  custody,  or  to alter the conditions of
    bond and the sentencing hearing.  The crime victim  shall
    also  be  notified  of  the  cancellation  of  the  court
    proceeding  in  sufficient  time,  wherever  possible, to
    prevent an unnecessary appearance in court;
         (2)  provide notice within a reasonable  time  after
    receipt  of  notice from the custodian, of the release of
    the defendant on bail or  personal  recognizance  or  the
    release  from  detention of a minor who has been detained
    for a violent crime;
         (3)  explain in nontechnical language the details of
    any plea or verdict of a defendant, or  any  adjudication
    of a juvenile as a delinquent for a violent crime;
         (4)  where  practical, consult with the crime victim
    before the Office of the State's Attorney makes an  offer
    of  a  plea  bargain  to  the  defendant  or  enters into
    negotiations with the  defendant  concerning  a  possible
    plea  agreement,  and  shall  consider the written victim
    impact statement, if prepared prior to  entering  into  a
    plea agreement;
         (5)  provide  notice  of the ultimate disposition of
    the cases arising from an indictment or  an  information,
    or  a  petition  to  have  a  juvenile  adjudicated  as a
    delinquent for a violent crime;
         (6)  provide notice  of  any  appeal  taken  by  the
    defendant   and   information   on  how  to  contact  the
    appropriate agency handling the appeal;
         (7)  provide   notice    of    any    request    for
    post-conviction  review  filed  by  the  defendant  under
    Article  122  of  the Code of Criminal Procedure of 1963,
    and of the date, time and place of any hearing concerning
    the petition.  Whenever possible, notice of  the  hearing
    shall be given in advance;
         (8)  forward a copy of any statement presented under
    Section  6  to the Prisoner Review Board to be considered
    by the Board in making its determination under subsection
    (b) of Section 3-3-8 of the Unified Code of Corrections.

    (d) (1)  The Prisoner Review Board shall inform a  victim
    or  any other concerned citizen, upon written request, of
    the prisoner's release on  parole,  mandatory  supervised
    release,  electronic  detention,  work  release or by the
    custodian of the discharge  of  any  individual  who  was
    adjudicated  a  delinquent for a violent crime from State
    custody and by the sheriff of the appropriate  county  of
    any  such  person's  final discharge from county custody.
    The Prisoner Review Board, upon  written  request,  shall
    provide  to  a  victim  or  any other concerned citizen a
    recent photograph of any person convicted  of  a  felony,
    upon his or her release from custody. The Prisoner Review
    Board, upon written request, shall inform a victim or any
    other  concerned  citizen  when  feasible at least 7 days
    prior to the prisoner's release on furlough of the  times
    and  dates of such furlough.  Upon written request by the
    victim  or  any  other  concerned  citizen,  the  State's
    Attorney shall notify the person once of  the  times  and
    dates  of  release  of  a  prisoner sentenced to periodic
    imprisonment.  Notification shall be based  on  the  most
    recent  information  as  to  victim's  or other concerned
    citizen's residence or other location  available  to  the
    notifying  authority.  For purposes of this paragraph (1)
    of subsection (d), "concerned citizen" includes relatives
    of the victim, friends of the victim,  witnesses  to  the
    crime,  or any other person associated with the victim or
    prisoner.
         (2)  When the defendant has been  committed  to  the
    Department of Human Services pursuant to Section 5-2-4 or
    any  other  provision of the Unified Code of Corrections,
    the victim may request to be notified  by  the  releasing
    authority   of   the  defendant's  discharge  from  State
    custody.
         (3)  In the event of an escape from  State  custody,
    the  Department  of  Corrections immediately shall notify
    the Prisoner Review Board of the escape and the  Prisoner
    Review  Board  shall notify the victim.  The notification
    shall be based upon the most recent information as to the
    victim's residence or other  location  available  to  the
    Board.   When no such information is available, the Board
    shall  make  all  reasonable  efforts   to   obtain   the
    information  and make the notification.  When the escapee
    is apprehended, the Department of Corrections immediately
    shall notify the Prisoner  Review  Board  and  the  Board
    shall notify the victim.
         (4)  The  victim of the crime for which the prisoner
    has  been  sentenced  shall  receive  reasonable  written
    notice not less than 15 days prior to the parole  hearing
    and  may  submit, in writing, on film, videotape or other
    electronic means or in the form  of  a  recording  or  in
    person   at   the   parole   hearing,   information   for
    consideration  by  the Prisoner Review Board.  The victim
    shall be notified within 7 days after  the  prisoner  has
    been granted parole and shall be informed of the right to
    inspect  the  registry  of  parole decisions, established
    under subsection (g) of Section 3-3-5 of the Unified Code
    of Corrections.  The provisions of this paragraph (4) are
    subject to the Open Parole Hearings Act.
         (5)  If a statement is presented  under  Section  6,
    the  Prisoner Review Board shall inform the victim of any
    order of discharge  entered  by  the  Board  pursuant  to
    Section 3-3-8 of the Unified Code of Corrections.
         (6)  At  the  written  request  of the victim of the
    crime for which the prisoner was sentenced, the  Prisoner
    Review  Board shall notify the victim of the death of the
    prisoner  if  the  prisoner  died  while  on  parole   or
    mandatory supervised release.
(Source:  P.A.  88-489;  88-559,  eff.  1-1-95;  88-677, eff.
12-15-95; 88-680, eff. 1-1-95; 89-8,  eff.  3-21-95;  89-235,
eff.  8-4-95;  89-481,  eff.  1-1-97;  89-507,  eff.  7-1-97;
revised 8-14-96.)

    Section 2-50.  The Unified Code of Corrections is amended
by  changing  Sections  3-2-2,  3-3-2,  3-6-2, 3-7-2, 3-15-2,
5-5-3, 5-5-3.2, 5-6-3, 5-6-3.1, 5-6-4, and 5-7-6 as follows:

    (730 ILCS 5/3-2-2) (from Ch. 38, par. 1003-2-2)
    Sec. 3-2-2.  Powers and 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.
    (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-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
67.02 of the Civil  Administrative  Code  of  Illinois.   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
5-4  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.
    (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 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.
    (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)  In  a  confidential annual report to the Governor,
the Department shall identify all inmate gangs by  specifying
each  current  gang's name, population and allied gangs.  The
Department shall further specify the number  of  top  leaders
identified  by  the  Department for each gang during the past
year, and the measures taken by the Department  to  segregate
each  leader  from  his  or  her  gang and allied gangs.  The
Department shall further report the current status of leaders
identified and segregated in  previous  years.   All  leaders
described  in the report shall be identified by inmate number
or  other  designation  to  enable  tracking,  auditing,  and
verification without revealing  the  names  of  the  leaders.
Because  this  report  contains  law enforcement intelligence
information  collected  by  the  Department,  the  report  is
confidential and not subject to public disclosure.
    (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 good conduct 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  Illinois Department of Public Aid 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)  To   enter   into   intergovernmental  cooperation
agreements under  which  minors  adjudicated  delinquent  and
committed   to   the   Department  of  Corrections,  Juvenile
Division,  may  participate  in  a  county  juvenile   impact
incarceration program established under Section 3-6039 of the
Counties Code.
    (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  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.
(Source: P.A. 88-311; 88-469; 88-670, eff.  12-2-94;  89-110,
eff.  1-1-96;  89-302,  eff.  8-11-95;  89-312, eff. 8-11-95;
89-390, eff.  8-20-95;  89-507,  eff.  7-1-97;  89-626,  eff.
8-9-96;  89-688,  eff. 6-1-97; 89-689, eff. 12-31-96; revised
1-7-97.)

    (730 ILCS 5/3-3-2) (from Ch. 38, par. 1003-3-2)
    Sec. 3-3-2.  Powers and Duties.
    (a)  The Parole and Pardon Board  is  abolished  and  the
term  "Parole  and  Pardon  Board"  as  used  in  any  law of
Illinois, shall  read  "Prisoner  Review  Board."  After  the
effective  date  of this amendatory Act of 1977, the Prisoner
Review Board shall provide by rule for the orderly transition
of all files, records, and documents of the Parole and Pardon
Board and for such other steps as may be necessary to  effect
an orderly transition and shall:
         (1)  hear by at least one member and through a panel
    of at least 3 members decide, cases of prisoners who were
    sentenced  under the law in effect prior to the effective
    date of this amendatory Act of 1977, and who are eligible
    for parole;
         (2)  hear by at least one member and through a panel
    of at least 3 members decide, the  conditions  of  parole
    and  the  time of discharge from parole, impose sanctions
    for violations of parole, and  revoke  parole  for  those
    sentenced   under   the  law  in  effect  prior  to  this
    amendatory Act of 1977; provided  that  the  decision  to
    parole and the conditions of parole for all prisoners who
    were  sentenced for first degree murder or who received a
    minimum sentence of 20 years or more  under  the  law  in
    effect prior to February 1, 1978 shall be determined by a
    majority vote of the Prisoner Review Board;
         (3)  hear by at least one member and through a panel
    of at least 3 members decide, the conditions of mandatory
    supervised   release  and  the  time  of  discharge  from
    mandatory  supervised  release,  impose   sanctions   for
    violations  of  mandatory  supervised release, and revoke
    mandatory supervised release for  those  sentenced  under
    the  law  in  effect  after  the  effective  date of this
    amendatory Act of 1977;
         (4)  hear by at least 1 member and through  a  panel
    of  at  least  3  members,  decide  cases  brought by the
    Department of  Corrections  against  a  prisoner  in  the
    custody  of  the  Department  for  alleged  violation  of
    Department  rules  with  respect  to good conduct credits
    pursuant to Section 3-6-3  of  this  Code  in  which  the
    Department  seeks  to revoke good conduct credits, if the
    amount of time at issue exceeds 30 days or  when,  during
    any  12  month  period,  the  cumulative amount of credit
    revoked exceeds 30 days except where  the  infraction  is
    committed  or  discovered  within  60  days  of scheduled
    release. In such cases, the Department of Corrections may
    revoke up to 30 days of good conduct  credit.  The  Board
    may  subsequently  approve  the  revocation of additional
    good conduct credit, if the Department  seeks  to  revoke
    good  conduct  credit  in excess of thirty days. However,
    the  Board  shall  not  be  empowered   to   review   the
    Department's decision with respect to the loss of 30 days
    of  good  conduct  credit for any prisoner or to increase
    any  penalty  beyond  the   length   requested   by   the
    Department; and
         (5)  hear by at least one member and through a panel
    of  at  least  3  members  decide,  the release dates for
    certain prisoners sentenced under the  law  in  existence
    prior  to  the  effective  date of this amendatory Act of
    1977, in accordance with Section 3-3-2.1  of  this  Code;
    and
         (6)  hear by at least one member and through a panel
    of  at  least  3 members decide, all requests for pardon,
    reprieve   or   commutation,   and   make    confidential
    recommendations to the Governor; and
         (7)  comply with the requirements of the Open Parole
    Hearings Act; and
         (8)  hear  by  at  least  one  member and, through a
    panel of at least 3 members, decide cases brought by  the
    Department  of  Corrections  against  a  prisoner  in the
    custody of  the  Department  for  court  dismissal  of  a
    frivolous  lawsuit  pursuant  to Section 3-6-3(d) of this
    Code in which the Department seeks to revoke  up  to  180
    days  of good conduct credit, and if the prisoner has not
    accumulated 180 days of good conduct credit at  the  time
    of   the   dismissal,   then   all  good  conduct  credit
    accumulated by the prisoner shall be revoked.
    (a-5)  The Prisoner Review Board, with the cooperation of
and in coordination with the Department  of  Corrections  and
the   Department   of   Central  Management  Services,  shall
implement a pilot  project  in  3  correctional  institutions
providing  for  the  conduct of hearings under paragraphs (1)
and (4) of subsection (a) of this Section through interactive
video conferences.  The project shall be implemented within 6
months after the effective date of  this  amendatory  Act  of
1996.   Within 6 months after the implementation of the pilot
project, the Prisoner Review Board, with the  cooperation  of
and  in  coordination  with the Department of Corrections and
the Department of Central Management Services,  shall  report
to  the  Governor and the General Assembly regarding the use,
costs, effectiveness, and  future  viability  of  interactive
video conferences for Prisoner Review Board hearings.
    (b)  Upon  recommendation of the Department the Board may
restore good conduct credit previously revoked.
    (c)  The Board shall cooperate  with  the  Department  in
promoting   an  effective  system  of  parole  and  mandatory
supervised release.
    (d)  The Board shall promulgate rules for the conduct  of
its  work,  and  the Chairman shall file a copy of such rules
and any amendments thereto with the  Director  and  with  the
Secretary of State.
    (e)  The  Board shall keep records of all of its official
actions and shall make them accessible in accordance with law
and the rules of the Board.
    (f)  The Board or one  who  has  allegedly  violated  the
conditions  of his parole or mandatory supervised release may
require by subpoena the attendance and testimony of witnesses
and the production of documentary evidence  relating  to  any
matter  under  investigation  or hearing. The Chairman of the
Board may sign subpoenas which shall be served by  any  agent
or  public  official authorized by the Chairman of the Board,
or by any person lawfully  authorized  to  serve  a  subpoena
under  the  laws  of the State of Illinois. The attendance of
witnesses, and the production of documentary evidence, may be
required from any place in the State to a hearing location in
the State before the Chairman of the Board or his  designated
agent   or  agents  or  any  duly  constituted  Committee  or
Subcommittee of the Board.  Witnesses so  summoned  shall  be
paid the same fees and mileage that are paid witnesses in the
circuit  courts of the State, and witnesses whose depositions
are taken and the persons taking those depositions  are  each
entitled  to  the  same fees as are paid for like services in
actions in the circuit courts of the State. Fees and  mileage
shall be vouchered for payment when the witness is discharged
from further attendance.
    In  case  of  disobedience  to  a subpoena, the Board may
petition  any  circuit  court  of  the  State  for  an  order
requiring the attendance and testimony of  witnesses  or  the
production  of  documentary  evidence or both. A copy of such
petition shall be served by personal service or by registered
or certified mail upon the person who has failed to obey  the
subpoena,  and such person shall be advised in writing that a
hearing upon the petition will be requested in a  court  room
to  be  designated  in  such  notice before the judge hearing
motions or extraordinary remedies at a specified time,  on  a
specified  date, not less than 10 nor more than 15 days after
the deposit of the copy of the written notice and petition in
the U.S. mails addressed to the  person  at  his  last  known
address  or  after  the  personal  service of the copy of the
notice and petition upon such  person.  The  court  upon  the
filing  of  such a petition, may order the person refusing to
obey the subpoena to appear at an investigation  or  hearing,
or  to  there produce documentary evidence, if so ordered, or
to give evidence relative  to  the  subject  matter  of  that
investigation  or  hearing. Any failure to obey such order of
the circuit court may be punished by that court as a contempt
of court.
    Each  member  of  the  Board  and  any  hearing   officer
designated  by  the  Board shall have the power to administer
oaths and to take the testimony of persons under oath.
    (g)  Except under  subsection  (a)  of  this  Section,  a
majority of the members then appointed to the Prisoner Review
Board  shall  constitute  a quorum for the transaction of all
business of the Board.
    (h)  The Prisoner Review Board shall annually transmit to
the Director a detailed report of its work for the  preceding
calendar year. The annual report shall also be transmitted to
the Governor for submission to the Legislature.
(Source:  P.A.  87-224;  89-490,  eff.  1-1-97;  89-656, eff.
1-1-97; revised 8-16-96.)

    (730 ILCS 5/3-6-2) (from Ch. 38, par. 1003-6-2)
    Sec. 3-6-2.  Institutions and Facility Administration.
    (a)  Each institution  and  facility  of  the  Department
shall  be  administered  by  a  chief  administrative officer
appointed by the Director.  A  chief  administrative  officer
shall   be  responsible  for  all  persons  assigned  to  the
institution or facility.  The  chief  administrative  officer
shall  administer  the  programs  of  the  Department for the
custody and treatment  of such persons.
    (b)  The chief administrative  officer  shall  have  such
assistants as the Department may assign.
    (c)  The  Director  or  Assistant Director shall have the
emergency powers to temporarily transfer individuals  without
formal procedures to any State, county, municipal or regional
correctional  or  detention  institution  or  facility in the
State,  subject  to  the   acceptance   of   such   receiving
institution  or  facility,  or  to  designate  any reasonably
secure place in the State as such an institution or  facility
and  to make transfers thereto. However, transfers made under
emergency powers shall be reviewed  as  soon  as  practicable
under  Article  8, and shall be subject to Section 1-7 of the
Juvenile Court Act of 1987.  This Section shall not apply  to
transfers  to  the  Department  of  Human  Services which are
provided for under Section 3-8-5 or Section 3-10-5.
    (d)  The Department shall  provide  educational  programs
for  all  committed  persons  so  that  all  persons  have an
opportunity to attain the achievement level equivalent to the
completion of the twelfth grade in the public  school  system
in  this  State.  Other  higher levels of attainment shall be
encouraged and professional instruction shall  be  maintained
wherever  possible.  The Department may establish programs of
mandatory education and may establish rules  and  regulations
for  the  administration of such programs. A person committed
to the Department who,  during  the  period  of  his  or  her
incarceration,   participates   in   an  educational  program
provided by  or  through  the  Department  and  through  that
program  is  awarded  or  earns the number of hours of credit
required for the award of  an  associate,  baccalaureate,  or
higher   degree   from   a  community  college,  college,  or
university located in Illinois  shall  reimburse  the  State,
through  the  Department, for the costs incurred by the State
in providing that person during his or her incarceration with
the education that qualifies him or her for the award of that
degree.  The costs for which reimbursement is required  under
this  subsection  shall  be  determined  and  computed by the
Department  under  rules  and  regulations  that   it   shall
establish for that purpose.  However, interest at the rate of
6%  per  annum shall be charged on the balance of those costs
from time to time remaining unpaid,  from  the  date  of  the
person's  parole,  mandatory  supervised  release, or release
constituting a final termination of his or her commitment  to
the Department until paid.
    (e)  A  person committed to the Department who becomes in
need of medical or surgical treatment  but  is  incapable  of
giving consent thereto shall receive such medical or surgical
treatment  by  the chief administrative officer consenting on
the person's behalf. Before the chief administrative  officer
consents,  he  or  she shall obtain the advice of one or more
physicians licensed to practice medicine in all its  branches
in this State.  If such physician or physicians advise:
         (1)  that immediate medical or surgical treatment is
    required  relative  to  a  condition threatening to cause
    death, damage  or  impairment  to  bodily  functions,  or
    disfigurement; and
         (2)  that  the  person  is  not  capable  of  giving
    consent  to  such  treatment;  the  chief  administrative
    officer  may  give  consent  for such medical or surgical
    treatment, and such consent shall be  deemed  to  be  the
    consent  of  the  person for all purposes, including, but
    not limited to, the authority of a physician to give such
    treatment.
    (f)  In the event that the person requires  medical  care
and  treatment  at  a  place  other  than  the institution or
facility,  the  person  may  be   removed   therefrom   under
conditions prescribed by the Department. The Department shall
require  the  committed  person  receiving  medical or dental
services on a non-emergency basis to pay a $2  co-payment  to
the  Department for each visit for medical or dental services
at a place other  than  the  institution  or  facility.   The
amount   of  each  co-payment  shall  be  deducted  from  the
committed person's individual account. A committed person who
is indigent is exempt from the $2 co-payment and is  entitled
to  receive medical or dental services on the same basis as a
committed person  who  is  financially  able  to  afford  the
co-payment.
    (g)  Any  person  having  sole  custody of a child at the
time of commitment or any woman giving birth to a child after
her  commitment,  may  arrange  through  the  Department   of
Children  and  Family  Services for suitable placement of the
child outside of the Department of Corrections. The  Director
of the Department of Corrections may determine that there are
special  reasons why the child should continue in the custody
of the mother until the child is 6 years old.
    (h)  The Department  may  provide  Family  Responsibility
Services  which  may  consist  of,  but not be limited to the
following:
         (1)  family advocacy counseling;
         (2)  parent self-help group;
         (3)  parenting skills training;
         (4)  parent and child overnight program;
         (5)  parent  and  child  reunification   counseling,
    either  separately  or  together,  preceding the inmate's
    release; and
         (6)  a prerelease reunification  staffing  involving
    the   family    advocate,  the  inmate  and  the  child's
    counselor, or both and the inmate.
    (i)  Prior to  the  release  of  any  inmate  who  has  a
documented  history  of  intravenous  drug  use, and upon the
receipt  of  that  inmate's  written  informed  consent,  the
Department shall provide for the testing of such  inmate  for
infection  with  human  immunodeficiency  virus (HIV) and any
other identified causative agent of acquired immunodeficiency
syndrome (AIDS). The testing provided under  this  subsection
shall consist of an enzyme-linked immunosorbent assay (ELISA)
test  or  such  other test as may be approved by the Illinois
Department of Public Health. If the test result is  positive,
the  Western  Blot  Assay  or more reliable confirmatory test
shall be administered. All inmates tested in accordance  with
the  provisions  of  this  subsection  shall be provided with
pre-test  and  post-test  counseling.   Notwithstanding   any
provision  of this subsection to the contrary, the Department
shall not be required to conduct the testing  and  counseling
required  by this subsection unless sufficient funds to cover
all costs of such testing and counseling are appropriated for
that purpose by the General Assembly.
(Source: P.A.  89-507,  eff.  7-1-97;  89-659,  eff.  1-1-97;
revised 9-12-96.)

    (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
visitors,  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  for  reasons  of safety,
security,  and  order,  including,  but   not   limited   to,
restricting  contact  visits for committed persons engaged in
gang activity.
    (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 effective
date of this amendatory Act of  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.  89-609,  eff.  1-1-97;  89-659,  eff.  1-1-97;
89-688, eff. 6-1-97; 89-689, eff. 12-31-96; revised 1-20-97.)

    (730 ILCS 5/3-15-2) (from Ch. 38, par. 1003-15-2)
    Sec. 3-15-2.  Standards and Assistance to Local Jails and
Detention and Shelter Care Facilities.
    (a)  The  Department shall establish for the operation of
county and municipal jails  and  houses  of  correction,  and
county   juvenile   detention  and  shelter  care  facilities
established  pursuant  to  the  "County  Shelter   Care   and
Detention  Home  Act",  minimum  standards  for  the physical
condition of such  institutions  and  for  the  treatment  of
inmates  with  respect  to  their  health  and safety and the
security of the community.
    Such standards shall not apply  to  county  shelter  care
facilities  which were in operation prior to January 1, 1980.
Such standards shall not seek to mandate minimum floor  space
requirements  for  each  inmate housed in cells and detention
rooms in county and municipal jails and houses of correction.
However, no more than two inmates may be housed in  a  single
cell or detention room.
    When  an  inmate  is  tested for an airborne communicable
disease, as determined by the Illinois Department  of  Public
Health including but not limited to tuberculosis, the results
of  the  test  shall be personally delivered by the warden or
his or her designee in a sealed envelope to the judge of  the
court  in  which  the  inmate  must  appear  for  the judge's
inspection in camera if requested by the  judge.   Acting  in
accordance with the best interests of those in the courtroom,
the  judge shall have the discretion to determine what if any
precautions need to be taken to prevent transmission  of  the
disease in the courtroom.
    (b)  At  least once each year, the Department may inspect
each  adult  facility  for  compliance  with  the   standards
established  and the results of such inspection shall be made
available by the Department for public inspection.  At  least
once  each  year,  the  Department  shall inspect each county
juvenile detention and shelter care facility  for  compliance
with the standards established, and the Department shall make
the   results   of  such  inspections  available  for  public
inspection.  If any detention, shelter care  or  correctional
facility  does not comply with the standards established, the
Director of Corrections shall give notice to the county board
and  the  sheriff  or  the  corporate  authorities   of   the
municipality,  as  the  case  may  be, of such noncompliance,
specifying the particular standards that have not been met by
such facility. If the facility is not in compliance with such
standards when six months have elapsed  from  the  giving  of
such  notice,  the  Director  of Corrections may petition the
appropriate court for an order  requiring  such  facility  to
comply  with  the  standards established by the Department or
for other appropriate relief.
    (c)  The Department may provide consultation services for
the design,  construction,  programs  and  administration  of
detention,  shelter  care,  and  correctional  facilities and
services for children and adults  operated  by  counties  and
municipalities  and  may  make  studies  and  surveys  of the
programs and the administration of such facilities. Personnel
of the Department shall be admitted to  these  facilities  as
required  for  such  purposes. The Department may develop and
administer  programs  of   grants-in-aid   for   correctional
services  in  cooperation with local agencies. The Department
may provide courses of training for  the  personnel  of  such
institutions and conduct pilot projects in the institutions.
    (d)  The  Department is authorized to issue reimbursement
grants  for  counties,  municipalities  or  public   building
commissions  for  the purpose of meeting minimum correctional
facilities  standards  set  by  the  Department  under   this
Section.  Grants  may  be  issued only for projects that were
completed after July 1, 1980 and initiated prior  to  January
1, 1987.
         (1)  Grants  for  regional  correctional  facilities
    shall  not exceed 90% of the project costs or $7,000,000,
    whichever is less.
         (2)  Grants for correctional facilities by a  single
    county,  municipality or public building commission shall
    not  exceed  75%  of  the  proposed  project   costs   or
    $4,000,000, whichever is less.
         (3)  As used in this subsection (d), "project" means
    only  that  part  of  a  facility that is constructed for
    jail, correctional or detention  purposes  and  does  not
    include other areas of multi-purpose buildings.
    Construction  or  renovation  grants are authorized to be
issued  by  the  Capital  Development  Board   from   capital
development  bond  funds  after  application  by  a county or
counties, municipality or municipalities or  public  building
commission  or  commissions and approval of a construction or
renovation grant by the  Department  for  projects  initiated
after January 1, 1987.
    (e)  The  Department  shall  adopt  standards  for county
jails to hold juveniles on a temporary basis, as provided  in
Sections  5-7  and  5-10  of  the Juvenile Court Act of 1987.
These standards shall include educational, recreational,  and
disciplinary standards as well as access to medical services,
crisis   intervention,   mental   health   services,  suicide
prevention, health care, nutritional  needs,  and  visitation
rights.  The Department shall also notify any county applying
to  hold  juveniles  in  a  county jail of the monitoring and
program standards for  juvenile  detention  facilities  under
paragraphs (C-1)(a) and (C-1)(c) of subsection (2) of Section
5-7  and  paragraphs (5.1)(a) and (5.1)(c) of Section 5-10 of
the Juvenile Court Act of 1987.
(Source: P.A.  89-64,  eff.  1-1-96;  89-477,  eff.  6-18-96;
89-656, eff. 8-14-96; revised 8-19-96.)

    (730 ILCS 5/5-5-3) (from Ch. 38, par. 1005-5-3)
    Sec. 5-5-3.  Disposition.
    (a)  Every  person  convicted  of  an  offense  shall  be
sentenced as provided in this Section.
    (b)  The   following   options   shall   be   appropriate
dispositions,  alone  or in combination, for all felonies and
misdemeanors other than those identified in subsection (c) of
this Section:
         (1)  A period of probation.
         (2)  A term of periodic imprisonment.
         (3)  A term of conditional discharge.
         (4)  A term of imprisonment.
         (5)  An order directing the offender to clean up and
    repair the damage, if the offender  was  convicted  under
    paragraph  (h)  of  Section  21-1 of the Criminal Code of
    1961.
         (6)  A fine.
         (7)  An  order  directing  the  offender   to   make
    restitution  to  the  victim  under Section 5-5-6 of this
    Code.
         (8)  A sentence of participation in a county  impact
    incarceration program under Section 5-8-1.2 of this Code.
    Whenever  an individual is sentenced for an offense based
upon an arrest for a  violation  of  Section  11-501  of  the
Illinois  Vehicle  Code,  or  a  similar provision of a local
ordinance,  and  the   professional   evaluation   recommends
remedial  or  rehabilitative  treatment or education, neither
the treatment nor the education shall be the sole disposition
and either or both may be imposed only  in  conjunction  with
another  disposition. The court shall monitor compliance with
any remedial education or treatment recommendations contained
in the professional evaluation.  Programs conducting  alcohol
or  other  drug  evaluation  or  remedial  education  must be
licensed by the Department of Human  Services.   However,  if
the  individual  is not a resident of Illinois, the court may
accept an  alcohol  or  other  drug  evaluation  or  remedial
education   program   in   the  state  of  such  individual's
residence.  Programs providing  treatment  must  be  licensed
under  existing  applicable  alcoholism  and  drug  treatment
licensure standards.
    In addition to any other fine or penalty required by law,
any  individual convicted of a violation of Section 11-501 of
the Illinois Vehicle Code or a  similar  provision  of  local
ordinance,  whose  operation  of  a  motor  vehicle  while in
violation of Section 11-501  or  such  ordinance  proximately
caused  an  incident  resulting  in  an appropriate emergency
response, shall be required to make restitution to  a  public
agency  for  the  costs  of  that  emergency  response.  Such
restitution shall not exceed $500 per public agency for  each
such  emergency response.  For the purpose of this paragraph,
emergency  response  shall  mean  any  incident  requiring  a
response by: a police officer as defined under Section  1-162
of  the Illinois Vehicle Code; a fireman carried on the rolls
of a regularly constituted fire department; and an  ambulance
as  defined  under  Section  4.05  of  the  Emergency Medical
Services (EMS) Systems Act.
    Neither  a  fine  nor  restitution  shall  be  the   sole
disposition  for  a  felony and either or both may be imposed
only in conjunction with another disposition.
    (c) (1)  When a defendant is found guilty of first degree
    murder  the  State  may  either  seek   a   sentence   of
    imprisonment  under  Section 5-8-1 of this Code, or where
    appropriate seek a sentence of death under Section 9-1 of
    the Criminal Code of 1961.
         (2)  A period  of  probation,  a  term  of  periodic
    imprisonment   or  conditional  discharge  shall  not  be
    imposed for  the  following  offenses.  The  court  shall
    sentence  the  offender to not less than the minimum term
    of imprisonment set forth in this Code for the  following
    offenses,  and may order a fine or restitution or both in
    conjunction with such term of imprisonment:
              (A)  First  degree  murder  where   the   death
         penalty is not imposed.
              (B)  Attempted first degree murder.
              (C)  A Class X felony.
              (D)  A violation of Section 401.1 or 407 of the
         Illinois  Controlled  Substances Act, or a violation
         of subdivision (c)(2) of Section  401  of  that  Act
         which  relates  to  more than 5 grams of a substance
         containing cocaine or an analog thereof.
              (E)  A violation of Section 5.1  or  9  of  the
         Cannabis Control Act.
              (F)  A   Class  2  or  greater  felony  if  the
         offender had been convicted of a Class 2 or  greater
         felony  within  10  years  of  the  date on which he
         committed  the  offense  for  which  he   is   being
         sentenced.
              (G)  Residential burglary.
              (H)  Criminal   sexual   assault,   except   as
         otherwise   provided   in  subsection  (e)  of  this
         Section.
              (I)  Aggravated battery of a senior citizen.
              (J)  A  forcible  felony  if  the  offense  was
         related to the activities of an organized gang.
              Before July 1, 1994, for the purposes  of  this
         paragraph,  "organized gang" means an association of
         5 or more persons, with  an  established  hierarchy,
         that   encourages  members  of  the  association  to
         perpetrate crimes or provides support to the members
         of the association who do commit crimes.
              Beginning July 1, 1994,  for  the  purposes  of
         this  paragraph,  "organized  gang"  has the meaning
         ascribed  to  it  in  Section  10  of  the  Illinois
         Streetgang Terrorism Omnibus Prevention Act.
              (K)  Vehicular hijacking.
              (L)  A second or subsequent conviction for  the
         offense  of  hate  crime when the underlying offense
         upon  which  the  hate  crime  is  based  is  felony
         aggravated assault or felony mob action.
              (M)  A second or subsequent conviction for  the
         offense  of institutional vandalism if the damage to
         the property exceeds $300.
              (N)  A Class 3 felony  violation  of  paragraph
         (1)  of  subsection  (a) of Section 2 of the Firearm
         Owners Identification Card Act.
              (O)  A  violation  of  Section  12-6.1  of  the
         Criminal Code of 1961.
         (3)  A minimum term of imprisonment of not less than
    48 consecutive hours or 100 hours of community service as
    may be determined by the court shall  be  imposed  for  a
    second  or  subsequent violation committed within 5 years
    of a previous violation of Section 11-501 of the Illinois
    Vehicle Code or a similar provision of a local ordinance.
         (4)  A minimum term of imprisonment of not less than
    7 consecutive days or 30 days of community service  shall
    be  imposed  for  a violation of paragraph (c) of Section
    6-303 of the Illinois Vehicle Code.
         (4.1)  A minimum term  of  30  consecutive  days  of
    imprisonment, 40 days of 24 hour periodic imprisonment or
    720  hours  of community service, as may be determined by
    the court, shall be imposed for a  violation  of  Section
    11-501  of  the  Illinois Vehicle Code during a period in
    which the defendant's driving privileges are  revoked  or
    suspended,  where  the revocation or suspension was for a
    violation of Section 11-501 or Section 11-501.1  of  that
    Code.
         (5)  The court may sentence an offender convicted of
    a business offense or a petty offense or a corporation or
    unincorporated association convicted of any offense to:
              (A)  a period of conditional discharge;
              (B)  a fine;
              (C)  make   restitution  to  the  victim  under
         Section 5-5-6 of this Code.
         (6)  In no case shall an offender be eligible for  a
    disposition  of  probation or conditional discharge for a
    Class 1 felony committed while he was serving a  term  of
    probation or conditional discharge for a felony.
         (7)  When   a   defendant  is  adjudged  a  habitual
    criminal under Article 33B of the Criminal Code of  1961,
    the  court  shall  sentence  the  defendant  to a term of
    natural life imprisonment.
         (8)  When a defendant, over the age of 21 years,  is
    convicted  of  a  Class 1 or Class 2 felony, after having
    twice been convicted of any  Class  2  or  greater  Class
    felonies  in  Illinois,  and  such charges are separately
    brought and tried and arise out of  different  series  of
    acts,  such  defendant  shall  be  sentenced as a Class X
    offender. This paragraph shall not apply unless  (1)  the
    first  felony  was  committed after the effective date of
    this amendatory Act of 1977; and (2)  the  second  felony
    was  committed after conviction on the first; and (3) the
    third  felony  was  committed  after  conviction  on  the
    second.
         (9)  A defendant convicted of a second or subsequent
    offense of ritualized abuse of a child may  be  sentenced
    to a term of natural life imprisonment.
         (10)  Beginning  July  1,  1994,  unless  sentencing
    under Section 33B-1 is applicable, a term of imprisonment
    of not less than 15 years nor more than 50 years shall be
    imposed  on a defendant who violates Section 33A-2 of the
    Criminal Code of 1961 with a firearm,  when  that  person
    has  been convicted in any state or federal court of 3 or
    more of the following  offenses:  treason,  first  degree
    murder,  second degree murder, aggravated criminal sexual
    assault,  criminal  sexual  assault,  robbery,  burglary,
    arson, kidnaping, aggravated battery resulting  in  great
    bodily  harm or permanent disability or disfigurement, or
    a violation of Section 401(a) of the Illinois  Controlled
    Substances  Act,  when  the  third  offense was committed
    after conviction on the second, the  second  offense  was
    committed   after   conviction  on  the  first,  and  the
    violation of Section 33A-2 of the Criminal Code  of  1961
    was committed after conviction on the third.
         (11)  Beginning July 1, 1994, a term of imprisonment
    of  not  less  than  10  years and not more than 30 years
    shall be imposed on  a  defendant  who  violates  Section
    33A-2  with  a  Category  I  weapon where the offense was
    committed in any school, or any conveyance owned, leased,
    or contracted by a school to  transport  students  to  or
    from  school  or  a  school related activity, on the real
    property comprising any school or public park, and  where
    the offense was related to the activities of an organized
    gang.    For   the   purposes  of  this  paragraph  (11),
    "organized gang"  has  the  meaning  ascribed  to  it  in
    Section  10  of the Illinois Streetgang Terrorism Omnibus
    Prevention Act.
    (d)  In any case in which a sentence  originally  imposed
is  vacated,  the  case shall be remanded to the trial court.
The trial court shall hold a hearing under Section  5-4-1  of
the Unified Code of Corrections which may include evidence of
the  defendant's  life, moral character and occupation during
the time since the original sentence was passed.   The  trial
court  shall  then  impose  sentence upon the defendant.  The
trial court may impose any sentence  which  could  have  been
imposed at the original trial subject to Section 5-5-4 of the
Unified Code of Corrections.
    (e)  In  cases  where  prosecution  for  criminal  sexual
assault  or  aggravated  criminal  sexual abuse under Section
12-13 or 12-16 of  the  Criminal  Code  of  1961  results  in
conviction  of  a  defendant  who  was a family member of the
victim at the time of the  commission  of  the  offense,  the
court shall consider the safety and welfare of the victim and
may impose a sentence of probation only where:
         (1)  the   court  finds  (A)  or  (B)  or  both  are
    appropriate:
              (A)  the defendant  is  willing  to  undergo  a
         court  approved  counseling  program  for  a minimum
         duration of 2 years; or
              (B)  the defendant is willing to participate in
         a court approved plan including but not  limited  to
         the defendant's:
                   (i)  removal from the household;
                   (ii)  restricted contact with the victim;
                   (iii)  continued  financial support of the
              family;
                   (iv)  restitution for  harm  done  to  the
              victim; and
                   (v)  compliance  with  any  other measures
              that the court may deem appropriate; and
         (2)  the court orders the defendant to pay  for  the
    victim's  counseling  services,  to  the  extent that the
    court finds, after considering the defendant's income and
    assets, that the  defendant  is  financially  capable  of
    paying  for  such  services,  if  the victim was under 18
    years of age at the time the offense  was  committed  and
    requires counseling as a result of the offense.
    Probation  may be revoked or modified pursuant to Section
5-6-4; except where the court determines at the hearing  that
the  defendant  violated  a condition of his or her probation
restricting contact with the victim or other  family  members
or  commits  another  offense with the victim or other family
members, the court shall revoke the defendant's probation and
impose a term of imprisonment.
    For the purposes of this  Section,  "family  member"  and
"victim"  shall have the meanings ascribed to them in Section
12-12 of the Criminal Code of 1961.
    (f)  This Article shall not  deprive  a  court  in  other
proceedings  to order a forfeiture of property, to suspend or
cancel a license, to remove  a  person  from  office,  or  to
impose any other civil penalty.
    (g)  Whenever  a  defendant  is  convicted  of an offense
under Sections 11-14, 11-15, 11-15.1,  11-16,  11-17,  11-18,
11-18.1,  11-19,  11-19.1,  11-19.2,  12-13,  12-14, 12-14.1,
12-15 or 12-16 of the Criminal Code of  1961,  the  defendant
shall  undergo  medical  testing  to  determine  whether  the
defendant has any sexually transmissible disease, including a
test for infection with human immunodeficiency virus (HIV) or
any    other   identified   causative   agent   of   acquired
immunodeficiency syndrome  (AIDS).   Any  such  medical  test
shall  be  performed  only  by appropriately licensed medical
practitioners and may  include  an  analysis  of  any  bodily
fluids  as  well as an examination of the defendant's person.
Except as otherwise provided by law, the results of such test
shall be kept strictly confidential by all medical  personnel
involved in the testing and must be personally delivered in a
sealed  envelope  to  the  judge  of  the  court in which the
conviction was entered for the judge's inspection in  camera.
Acting  in  accordance  with the best interests of the victim
and the public,  the  judge  shall  have  the  discretion  to
determine  to whom, if anyone, the results of the testing may
be revealed. The court shall notify the defendant of the test
results.  The court shall also notify the victim if requested
by the victim, and if the victim is under the age of  15  and
if  requested  by the victim's parents or legal guardian, the
court shall notify the victim's parents or legal guardian  of
the test results.  The court shall provide information on the
availability  of  HIV testing and counseling at Department of
Public Health facilities to all parties to whom  the  results
of  the  testing  are  revealed  and shall direct the State's
Attorney to  provide  the  information  to  the  victim  when
possible. A State's Attorney may petition the court to obtain
the  results of any HIV test administered under this Section,
and the court shall  grant  the  disclosure  if  the  State's
Attorney  shows it is relevant in order to prosecute a charge
of criminal transmission of HIV under Section 12-16.2 of  the
Criminal Code of 1961 against the defendant.  The court shall
order  that  the  cost  of any such test shall be paid by the
county and may  be  taxed  as  costs  against  the  convicted
defendant.
    (g-5)  When   an   inmate   is  tested  for  an  airborne
communicable  disease,  as   determined   by   the   Illinois
Department  of  Public  Health  including  but not limited to
tuberculosis, the results of the  test  shall  be  personally
delivered  by  the  warden or his or her designee in a sealed
envelope to the judge of the court in which the  inmate  must
appear  for  the judge's inspection in camera if requested by
the judge.  Acting in accordance with the best  interests  of
those  in  the courtroom, the judge shall have the discretion
to determine what if any precautions  need  to  be  taken  to
prevent transmission of the disease in the courtroom.
    (h)  Whenever  a  defendant  is  convicted  of an offense
under Section 1 or 2 of the Hypodermic Syringes  and  Needles
Act, the defendant shall undergo medical testing to determine
whether   the   defendant   has   been   exposed   to   human
immunodeficiency   virus   (HIV)   or  any  other  identified
causative agent of acquired immunodeficiency syndrome (AIDS).
Except as otherwise provided by law, the results of such test
shall be kept strictly confidential by all medical  personnel
involved in the testing and must be personally delivered in a
sealed  envelope  to  the  judge  of  the  court in which the
conviction was entered for the judge's inspection in  camera.
Acting  in  accordance with the best interests of the public,
the judge shall have the discretion to determine to whom,  if
anyone, the results of the testing may be revealed. The court
shall  notify  the  defendant  of  a positive test showing an
infection with the human immunodeficiency  virus  (HIV).  The
court  shall  provide  information on the availability of HIV
testing  and  counseling  at  Department  of  Public   Health
facilities  to all parties to whom the results of the testing
are revealed and shall direct the State's Attorney to provide
the information  to  the  victim  when  possible.  A  State's
Attorney  may petition the court to obtain the results of any
HIV test administered under  this   Section,  and  the  court
shall  grant  the disclosure if the State's Attorney shows it
is relevant in  order  to  prosecute  a  charge  of  criminal
transmission  of  HIV  under  Section 12-16.2 of the Criminal
Code of 1961 against the defendant.  The  court  shall  order
that  the  cost  of any such test shall be paid by the county
and may be taxed as costs against the convicted defendant.
    (i)  All fines and penalties imposed under  this  Section
for any violation of Chapters 3, 4, 6, and 11 of the Illinois
Vehicle  Code,  or  a similar provision of a local ordinance,
and any violation of the Child Passenger Protection Act, or a
similar provision of a local ordinance,  shall  be  collected
and  disbursed by the circuit clerk as provided under Section
27.5 of the Clerks of Courts Act.
    (j)  In cases  when  prosecution  for  any  violation  of
Section  11-6,  11-8,  11-9,  11-11,  11-14,  11-15, 11-15.1,
11-16,  11-17,  11-17.1,  11-18,  11-18.1,  11-19,   11-19.1,
11-19.2,  11-20.1,  11-21,  12-13,  12-14, 12-14.1, 12-15, or
12-16 of the Criminal Code of  1961,  any  violation  of  the
Illinois  Controlled  Substances Act, or any violation of the
Cannabis Control Act results in conviction, a disposition  of
court  supervision,  or  an  order of probation granted under
Section 10 of the Cannabis Control Act or Section 410 of  the
Illinois  Controlled  Substance Act of a defendant, the court
shall determine  whether  the  defendant  is  employed  by  a
facility  or  center  as  defined under the Child Care Act of
1969, a public or private elementary or secondary school,  or
otherwise  works  with  children  under  18 years of age on a
daily basis.  When a defendant  is  so  employed,  the  court
shall  order  the  Clerk  of  the Court to send a copy of the
judgment of conviction or order of supervision  or  probation
to  the  defendant's  employer  by  certified  mail.  If  the
employer of the defendant is a school, the Clerk of the Court
shall  direct  the  mailing  of  a  copy  of  the judgment of
conviction or  order  of  supervision  or  probation  to  the
appropriate regional superintendent of schools.  The regional
superintendent  of  schools  shall  notify the State Board of
Education of any notification under this subsection.
    (j-5)  A defendant at  least  17  years  of  age  who  is
convicted  of  a  felony  and  who  has  not  been previously
convicted of a misdemeanor or felony and who is sentenced  to
a   term  of  imprisonment  in  the  Illinois  Department  of
Corrections shall as a condition of his or  her  sentence  be
required  by the court to attend educational courses designed
to prepare the defendant for a high  school  diploma  and  to
work  toward  a high school diploma or to work toward passing
the high school level Test of General Educational Development
(GED) or to work  toward  completing  a  vocational  training
program  offered  by  the  Department  of  Corrections.  If a
defendant fails to complete the educational training required
by his or her sentence during the term of incarceration,  the
Prisoner  Review  Board  shall,  as  a condition of mandatory
supervised release, require the defendant, at his or her  own
expense,  to  pursue  a  course of study toward a high school
diploma or passage of the  GED  test.   The  Prisoner  Review
Board  shall  revoke  the  mandatory  supervised release of a
defendant who wilfully fails to comply with  this  subsection
(j-5)  upon  his  or  her release from confinement in a penal
institution while  serving  a  mandatory  supervised  release
term;  however, the inability of the defendant after making a
good faith effort to obtain financial  aid  or  pay  for  the
educational  training shall not be deemed a wilful failure to
comply.   The  Prisoner  Review  Board  shall  recommit   the
defendant  whose  mandatory  supervised release term has been
revoked under this subsection (j-5) as  provided  in  Section
3-3-9.   This  subsection (j-5) does not apply to a defendant
who has a high school diploma or has successfully passed  the
GED test. This subsection (j-5) does not apply to a defendant
who is determined by the court to be developmentally disabled
or otherwise mentally incapable of completing the educational
or vocational program.
    (k)  A court may not impose a sentence or disposition for
a  felony  or  misdemeanor  that requires the defendant to be
implanted or injected with  or  to  use  any  form  of  birth
control.
    (l)(A)  Except as provided in paragraph (C) of subsection
(l),  whenever a defendant, who is an alien as defined by the
Immigration and Nationality Act, is convicted of  any  felony
or  misdemeanor  offense,  the  court  after  sentencing  the
defendant  may,  upon  motion  of  the State's Attorney, hold
sentence in abeyance and remand the defendant to the  custody
of  the  Attorney  General of the United States or his or her
designated agent to be deported when:
         (1)  a final order of deportation  has  been  issued
    against  the  defendant pursuant to proceedings under the
    Immigration and Nationality Act, and
         (2)  the deportation  of  the  defendant  would  not
    deprecate  the seriousness of the defendant's conduct and
    would not be inconsistent with the ends of justice.
    Otherwise, the defendant shall be sentenced  as  provided
in this Chapter V.
    (B)  If  the  defendant  has already been sentenced for a
felony  or  misdemeanor  offense,  or  has  been  placed   on
probation  under  Section  10  of the Cannabis Control Act or
Section 410 of the Illinois Controlled  Substances  Act,  the
court may, upon motion of the State's Attorney to suspend the
sentence  imposed, commit the defendant to the custody of the
Attorney  General  of  the  United  States  or  his  or   her
designated agent when:
         (1)  a  final  order  of deportation has been issued
    against the defendant pursuant to proceedings  under  the
    Immigration and Nationality Act, and
         (2)  the  deportation  of  the  defendant  would not
    deprecate the seriousness of the defendant's conduct  and
    would not be inconsistent with the ends of justice.
    (C)  This  subsection (l) does not apply to offenders who
are subject to the provisions of paragraph (2) of  subsection
(a) of Section 3-6-3.
    (D)  Upon  motion of the State's Attorney, if a defendant
sentenced under this Section returns to the  jurisdiction  of
the  United States, the defendant shall be recommitted to the
custody of the county from which he  or  she  was  sentenced.
Thereafter,   the  defendant  shall  be  brought  before  the
sentencing court, which may  impose  any  sentence  that  was
available   under  Section  5-5-3  at  the  time  of  initial
sentencing.  In addition, the defendant shall not be eligible
for additional good conduct credit for meritorious service as
provided under Section 3-6-6.
(Source: P.A. 88-45; 88-336; 88-351; 88-460; 88-467;  88-510;
88-659; 88-670, eff. 12-2-94; 88-680, eff. 1-1-95; 89-8, eff.
3-21-95;  89-314, eff. 1-1-96; 89-428, eff. 12-13-95; 89-462,
eff. 5-29-96; 89-477,  eff.  6-18-96;  89-507,  eff.  7-1-97;
89-545,  eff.  7-25-96;  89-587,  eff.  7-31-96; 89-627, eff.
1-1-97; 89-688, eff. 6-1-97; revised 1-7-97.)

    (730 ILCS 5/5-5-3.2) (from Ch. 38, par. 1005-5-3.2)
    Sec. 5-5-3.2.  Factors in Aggravation.
    (a)  The following factors shall be  accorded  weight  in
favor of imposing a term of imprisonment or may be considered
by  the  court  as  reasons  to impose a more severe sentence
under Section 5-8-1:
         (1)  the defendant's conduct  caused  or  threatened
    serious harm;
         (2)  the   defendant   received   compensation   for
    committing the offense;
         (3)  the   defendant   has   a   history   of  prior
    delinquency or criminal activity;
         (4)  the defendant, by the duties of his  office  or
    by  his  position,  was obliged to prevent the particular
    offense committed or to bring the offenders committing it
    to justice;
         (5)  the defendant held public office at the time of
    the offense, and the offense related to  the  conduct  of
    that office;
         (6)  the   defendant   utilized   his   professional
    reputation  or  position  in  the community to commit the
    offense, or to afford him an easier means  of  committing
    it;
         (7)  the  sentence is necessary to deter others from
    committing the same crime;
         (8)  the defendant committed the offense  against  a
    person  60  years  of  age  or  older  or  such  person's
    property;
         (9)  the  defendant  committed the offense against a
    person who is physically  handicapped  or  such  person's
    property;
         (10)  by  reason  of  another individual's actual or
    perceived race, color, creed, religion, ancestry, gender,
    sexual orientation, physical  or  mental  disability,  or
    national  origin,  the  defendant  committed  the offense
    against (i) the person or property  of  that  individual;
    (ii)  the  person  or  property  of  a  person who has an
    association with, is married to, or has a friendship with
    the other individual; or (iii) the person or property  of
    a  relative  (by blood or marriage) of a person described
    in clause (i) or (ii).  For the purposes of this Section,
    "sexual     orientation"      means      heterosexuality,
    homosexuality, or bisexuality;
         (11)  the  offense  took place in a place of worship
    or on the grounds of  a  place  of  worship,  immediately
    prior   to,   during  or  immediately  following  worship
    services.  For purposes of this subparagraph,  "place  of
    worship"  shall  mean  any  church,  synagogue  or  other
    building, structure or place used primarily for religious
    worship;
         (12)  the   defendant  was  convicted  of  a  felony
    committed while he  was  released  on  bail  or  his  own
    recognizance  pending  trial  for  a prior felony and was
    convicted of such prior  felony,  or  the  defendant  was
    convicted  of  a  felony committed while he was serving a
    period of probation, conditional discharge, or  mandatory
    supervised  release under subsection (d) of Section 5-8-1
    for a prior felony;
         (13)  the defendant committed or attempted to commit
    a felony while he was wearing a  bulletproof  vest.   For
    the  purposes  of this paragraph (13), a bulletproof vest
    is any device  which  is  designed  for  the  purpose  of
    protecting  the wearer from bullets, shot or other lethal
    projectiles;
         (14)  the defendant held  a  position  of  trust  or
    supervision such as, but not limited to, family member as
    defined  in  Section  12-12 of the Criminal Code of 1961,
    teacher, scout leader, baby sitter, or day  care  worker,
    in  relation  to  a victim under 18 years of age, and the
    defendant committed an offense in  violation  of  Section
    11-6,  11-11,  11-15.1, 11-19.1, 11-19.2, 11-20.1, 12-13,
    12-14, 12-14.1, 12-15 or 12-16 of the  Criminal  Code  of
    1961 against that victim;
         (15)  the  defendant committed an offense related to
    the activities of an organized gang.  For the purposes of
    this factor, "organized gang" has the meaning ascribed to
    it in Section 10  of  the  Streetgang  Terrorism  Omnibus
    Prevention Act;
         (16)  the   defendant   committed   an   offense  in
    violation of one of the following  Sections  while  in  a
    school, regardless of the time of day or time of year; on
    any  conveyance  owned, leased, or contracted by a school
    to transport students to  or  from  school  or  a  school
    related activity; on the real property of a school; or on
    a  public  way  within  1,000  feet  of the real property
    comprising any school: Section 10-1, 10-2, 10-5, 11-15.1,
    11-17.1, 11-18.1, 11-19.1, 11-19.2,  12-2, 12-4,  12-4.1,
    12-4.2,  12-4.3,  12-6,  12-6.1,   12-13, 12-14, 12-14.1,
    12-15, 12-16,  18-2, or 33A-2 of  the  Criminal  Code  of
    1961.
    For  the purposes of this Section, "school" is defined as
a public or private elementary or secondary school, community
college, college, or university.
    (b)  The following factors may be considered by the court
as reasons to impose an extended term sentence under  Section
5-8-2 upon any offender:
         (1)  When  a  defendant  is convicted of any felony,
    after having been previously convicted in Illinois or any
    other jurisdiction of the same or similar class felony or
    greater class felony, when such conviction  has  occurred
    within  10 years after the previous conviction, excluding
    time spent in custody, and such  charges  are  separately
    brought  and  tried  and arise out of different series of
    acts; or
         (2)  When a defendant is convicted of any felony and
    the court finds  that  the  offense  was  accompanied  by
    exceptionally  brutal  or  heinous behavior indicative of
    wanton cruelty; or
         (3)  When a  defendant  is  convicted  of  voluntary
    manslaughter,    second    degree   murder,   involuntary
    manslaughter or reckless homicide in which the  defendant
    has  been convicted of causing the death of more than one
    individual; or
         (4)  When a defendant is  convicted  of  any  felony
    committed against:
              (i)  a person under 12 years of age at the time
         of the offense or such person's property;
              (ii)  a  person 60 years of age or older at the
         time of the offense or such person's property; or
              (iii)  a person physically handicapped  at  the
         time of the offense or such person's property; or
         (5)  In   the  case  of  a  defendant  convicted  of
    aggravated criminal sexual  assault  or  criminal  sexual
    assault,  when  the  court finds that aggravated criminal
    sexual  assault  or  criminal  sexual  assault  was  also
    committed on  the  same  victim  by  one  or  more  other
    individuals,  and  the defendant voluntarily participated
    in the crime with the knowledge of the  participation  of
    the  others in the crime, and the commission of the crime
    was part of a single course of conduct during which there
    was no substantial change in the nature of  the  criminal
    objective; or
         (6)  When a defendant is convicted of any felony and
    the  offense  involved  any  of  the  following  types of
    specific misconduct committed  as  part  of  a  ceremony,
    rite,  initiation,  observance,  performance, practice or
    activity  of  any   actual   or   ostensible   religious,
    fraternal, or social group:
              (i)  the  brutalizing or torturing of humans or
         animals;
              (ii)  the theft of human corpses;
              (iii)  the kidnapping of humans;
              (iv)  the   desecration   of   any    cemetery,
         religious,    fraternal,   business,   governmental,
         educational, or other building or property; or
              (v)  ritualized abuse of a child; or
         (7)  When a defendant is convicted of  first  degree
    murder,   after   having  been  previously  convicted  in
    Illinois of any offense listed under paragraph (c)(2)  of
    Section  5-5-3,  when such conviction has occurred within
    10 years after the previous  conviction,  excluding  time
    spent in custody, and such charges are separately brought
    and tried and arise out of different series of acts; or
         (8)  When a defendant is convicted of a felony other
    than  conspiracy  and the court finds that the felony was
    committed under an agreement with 2 or more other persons
    to commit that offense and the defendant, with respect to
    the other individuals, occupied a position of  organizer,
    supervisor,   financier,   or   any   other  position  of
    management or leadership, and  the  court  further  finds
    that   the   felony   committed  was  related  to  or  in
    furtherance of the criminal activities  of  an  organized
    gang or was motivated by the defendant's leadership in an
    organized gang; or
         (9)  When  a  defendant  is  convicted  of  a felony
    violation of Section 24-1 of the Criminal  Code  of  1961
    and  the court finds that the defendant is a member of an
    organized gang.
    (b-1)  For the purposes of this Section, "organized gang"
has the meaning ascribed to it in Section 10 of the  Illinois
Streetgang Terrorism Omnibus Prevention Act.
    (c)  The court may impose an extended term sentence under
Section   5-8-2  upon  any  offender  who  was  convicted  of
aggravated criminal sexual assault where the victim was under
18 years of age at the time of the commission of the offense.
(Source: P.A. 88-45; 88-215; 88-659; 88-677,  eff.  12-15-94;
88-678,  eff.  7-1-95;  88-680,  eff.  1-1-95;  89-235,  eff.
8-4-95;  89-377, eff. 8-18-95; 89-428, eff. 12-13-95; 89-462,
eff. 5-29-96; 89-689 (Sections 65 and  115),  eff.  12-31-96;
revised 1-22-97.)

    (730 ILCS 5/5-6-3) (from Ch. 38, par. 1005-6-3)
    Sec.  5-6-3.  Conditions  of Probation and of Conditional
Discharge.
    (a)  The  conditions  of  probation  and  of  conditional
discharge shall be that the person:
         (1)  not  violate  any  criminal  statute   of   any
    jurisdiction;
         (2)  report  to  or  appear  in  person  before such
    person or agency as directed by the court;
         (3)  refrain from  possessing  a  firearm  or  other
    dangerous weapon;
         (4)  not  leave the State without the consent of the
    court or, in circumstances in which the  reason  for  the
    absence is of such an emergency nature that prior consent
    by   the   court  is  not  possible,  without  the  prior
    notification  and  approval  of  the  person's  probation
    officer;
         (5)  permit the probation officer to  visit  him  at
    his   home  or  elsewhere  to  the  extent  necessary  to
    discharge his duties;
         (6)  perform no less  than  30  hours  of  community
    service and not more than 120 hours of community service,
    if community service is available in the jurisdiction and
    is  funded  and  approved  by  the county board where the
    offense was committed, where the offense was  related  to
    or  in  furtherance  of  the  criminal  activities  of an
    organized  gang  and  was  motivated  by  the  offender's
    membership in or allegiance to an  organized  gang.   The
    community  service  shall include, but not be limited to,
    the  cleanup  and  repair  of  any  damage  caused  by  a
    violation of Section 21-1.3 of the Criminal Code of  1961
    and   similar  damage  to  property  located  within  the
    municipality or county in which the  violation  occurred.
    When  possible  and  reasonable,  the  community  service
    should  be performed in the offender's neighborhood.  For
    purposes  of  this  Section,  "organized  gang"  has  the
    meaning ascribed to it in  Section  10  of  the  Illinois
    Streetgang Terrorism Omnibus Prevention Act; and
         (7)  if  he  or  she is at least 17 years of age and
    has been sentenced to probation or conditional  discharge
    for  a  misdemeanor or felony in a county of 3,000,000 or
    more inhabitants and has not been previously convicted of
    a  misdemeanor  or  felony,  may  be  required   by   the
    sentencing  court  to attend educational courses designed
    to prepare the defendant for a high school diploma and to
    work toward a high  school  diploma  or  to  work  toward
    passing the high school level Test of General Educational
    Development   (GED)   or  to  work  toward  completing  a
    vocational training program approved by the  court.   The
    person  on probation or conditional discharge must attend
    a  public  institution  of  education   to   obtain   the
    educational  or  vocational  training  required  by  this
    clause  (7).   The  court  shall  revoke the probation or
    conditional discharge of a person who wilfully  fails  to
    comply  with this clause (7).  The person on probation or
    conditional discharge shall be required to  pay  for  the
    cost  of the educational courses or GED test, if a fee is
    charged for those  courses  or  test.   The  court  shall
    resentence  the  offender  whose probation or conditional
    discharge has been revoked as provided in Section  5-6-4.
    This clause (7) does not apply to a person who has a high
    school  diploma  or has successfully passed the GED test.
    This clause (7)  does  not  apply  to  a  person  who  is
    determined by the court to be developmentally disabled or
    otherwise    mentally   incapable   of   completing   the
    educational or vocational program.
    (b)  The  Court  may  in  addition  to  other  reasonable
conditions relating to the  nature  of  the  offense  or  the
rehabilitation  of  the  defendant  as  determined  for  each
defendant  in the proper discretion of the Court require that
the person:
         (1)  serve a term  of  periodic  imprisonment  under
    Article  7  for  a period not to exceed that specified in
    paragraph (d) of Section 5-7-1;
         (2)  pay a fine and costs;
         (3)  work or pursue a course of study or  vocational
    training;
         (4)  undergo  medical,  psychological or psychiatric
    treatment; or treatment for drug addiction or alcoholism;
         (5)  attend or reside in a facility established  for
    the instruction or residence of defendants on probation;
         (6)  support his dependents;
         (7)  and in addition, if a minor:
              (i)  reside  with  his  parents  or in a foster
         home;
              (ii)  attend school;
              (iii)  attend  a  non-residential  program  for
         youth;
              (iv)  contribute to his own support at home  or
         in a foster home;
         (8)  make  restitution  as provided in Section 5-5-6
    of this Code;
         (9)  perform some  reasonable  public  or  community
    service;
         (10)  serve a term of home confinement.  In addition
    to   any  other  applicable  condition  of  probation  or
    conditional discharge, the conditions of home confinement
    shall be that the offender:
              (i)  remain within the interior premises of the
         place designated  for  his  confinement  during  the
         hours designated by the court;
              (ii)  admit  any  person or agent designated by
         the court into the offender's place  of  confinement
         at any time for purposes of verifying the offender's
         compliance  with  the conditions of his confinement;
         and
              (iii)  if further deemed necessary by the court
         or the Probation or Court  Services  Department,  be
         placed  on an approved electronic monitoring device,
         subject to Article 8A of Chapter V;
              (iv)  for persons  convicted  of  any  alcohol,
         cannabis  or  controlled substance violation who are
         placed  on  an  approved  monitoring  device  as   a
         condition of probation or conditional discharge, the
         court  shall  impose a fee not to exceed $5 for each
         day  of  the  use  of  the  device,   unless   after
         determining the inability of the offender to pay the
         fee,  the  court  assesses a lesser fee or no fee as
         the case may be.  The fee shall be collected by  the
         clerk  of  the  circuit  court.   The  clerk  of the
         circuit court shall pay all  monies  collected  from
         this  fee to the county treasurer for deposit in the
         substance abuse services fund under Section 5-1086.1
         of the Counties Code; and
              (v)  for persons convicted  of  offenses  other
         than  those  referenced in clause (iv) above and who
         are placed on an approved  monitoring  device  as  a
         condition of probation or conditional discharge, the
         court  shall  impose a fee not to exceed $5 for each
         day  of  the  use  of  the  device,   unless   after
         determining  the  inability  of the defendant to pay
         the fee, the court assesses a lesser fee or  no  fee
         as  the  case  may  be.  The fee shall be imposed in
         addition to the fee imposed under subsection (i)  of
         Section  5-6-3.   The  fee shall be collected by the
         clerk of the circuit court. The clerk of the circuit
         court shall pay all monies collected from  this  fee
         to  the  county  treasurer  who shall use the monies
         collected to defray the costs of  corrections.   The
         county  treasurer shall deposit the fee collected in
         the county working cash fund under  Section  6-27001
         of the Counties Code.
         (11)  comply  with  the  terms  and conditions of an
    order of protection issued by the court pursuant  to  the
    Illinois  Domestic  Violence  Act  of  1986,  as  now  or
    hereafter  amended.  A  copy  of  the order of protection
    shall be transmitted to the probation officer  or  agency
    having responsibility for the case;
         (12)  reimburse  any  "local  anti-crime program" as
    defined in Section 7 of the Anti-Crime  Advisory  Council
    Act  for  any reasonable expenses incurred by the program
    on the offender's case, not to exceed the maximum  amount
    of  the  fine  authorized  for  the offense for which the
    defendant was sentenced;
         (13)  contribute a reasonable sum of money,  not  to
    exceed  the maximum amount of the fine authorized for the
    offense for which  the  defendant  was  sentenced,  to  a
    "local  anti-crime  program",  as defined in Section 7 of
    the Anti-Crime Advisory Council Act;
         (14)  refrain  from  entering  into   a   designated
    geographic area except upon such terms as the court finds
    appropriate.  Such terms may include consideration of the
    purpose of the entry, the  time  of  day,  other  persons
    accompanying  the  defendant,  and  advance approval by a
    probation officer, if the defendant has  been  placed  on
    probation  or  advance  approval  by  the  court,  if the
    defendant was placed on conditional discharge;
         (15)  refrain from having any contact,  directly  or
    indirectly,  with certain specified persons or particular
    types of persons, including but not limited to members of
    street gangs and drug users or dealers;
         (16)  refrain from having in his  or  her  body  the
    presence  of  any illicit drug prohibited by the Cannabis
    Control Act or the Illinois  Controlled  Substances  Act,
    unless  prescribed  by a physician, and submit samples of
    his or her blood or urine or both for tests to  determine
    the presence of any illicit drug.
    (c)  The  court  may  as  a  condition of probation or of
conditional discharge require that a person under 18 years of
age found guilty  of  any  alcohol,  cannabis  or  controlled
substance   violation,  refrain  from  acquiring  a  driver's
license  during  the  period  of  probation  or   conditional
discharge.   If  such  person is in possession of a permit or
license, the court may require that the  minor  refrain  from
driving  or  operating any motor vehicle during the period of
probation  or  conditional  discharge,  except  as   may   be
necessary in the course of the minor's lawful employment.
    (d)  An offender sentenced to probation or to conditional
discharge  shall  be  given  a  certificate setting forth the
conditions thereof.
    (e)  The court shall not require as a  condition  of  the
sentence  of  probation  or  conditional  discharge  that the
offender be committed to a period of imprisonment  in  excess
of 6 months.  This 6 month limit shall not include periods of
confinement  given  pursuant  to  a sentence of county impact
incarceration under Section 5-8-1.2.
    Persons committed  to  imprisonment  as  a  condition  of
probation  or conditional discharge shall not be committed to
the Department of Corrections.
    (f)  The  court  may  combine  a  sentence  of   periodic
imprisonment under Article 7 or a sentence to a county impact
incarceration  program  under  Article  8  with a sentence of
probation or conditional discharge.
    (g)  An offender sentenced to probation or to conditional
discharge  and  who  during  the  term  of  either  undergoes
mandatory drug or alcohol testing, or both, or is assigned to
be placed on an approved electronic monitoring device, may be
ordered to pay all costs incidental to such mandatory drug or
alcohol testing, or both, and all costs  incidental  to  such
approved   electronic   monitoring  in  accordance  with  the
defendant's ability to pay those  costs.   The  county  board
with  the  concurrence  of  the  Chief  Judge of the judicial
circuit  in  which  the  county  is  located  may   establish
reasonable  fees  for  the  cost of maintenance, testing, and
incidental expenses related to the mandatory drug or  alcohol
testing,  or  both,  and  all  costs  incidental  to approved
electronic monitoring, involved  in  a  successful  probation
program  for  the county.  The concurrence of the Chief Judge
shall be in the form of an administrative order.
    (h)  Jurisdiction over an  offender  may  be  transferred
from  the  sentencing  court  to the court of another circuit
with the concurrence of both courts.   Further  transfers  or
retransfers  of  jurisdiction are also authorized in the same
manner.  The court to which jurisdiction has been transferred
shall have the same powers as the sentencing court.
    (i)  The court shall impose upon an offender sentenced to
probation after January 1, 1989 or to  conditional  discharge
after  January  1,  1992, as a condition of such probation or
conditional discharge,  a  fee  of  $25  for  each  month  of
probation or conditional discharge supervision ordered by the
court,  unless  after determining the inability of the person
sentenced to probation or conditional discharge  to  pay  the
fee,  the  court  assesses  a  lesser  fee. The court may not
impose the fee on a minor who is made a  ward  of  the  State
under  the  Juvenile  Court Act of 1987 while the minor is in
placement. The fee shall be imposed only upon an offender who
is actively supervised by the probation  and  court  services
department.   The  fee shall be collected by the clerk of the
circuit court.  The clerk of the circuit court shall pay  all
monies  collected  from  this fee to the county treasurer for
deposit in  the  probation  and  court  services  fund  under
Section 15.1 of the Probation and Probation Officers Act.
    (j)  All  fines  and costs imposed under this Section for
any violation of Chapters 3, 4, 6, and  11  of  the  Illinois
Vehicle  Code,  or  a similar provision of a local ordinance,
and any violation of the Child Passenger Protection Act, or a
similar provision of a local ordinance,  shall  be  collected
and  disbursed by the circuit clerk as provided under Section
27.5 of the Clerks of Courts Act.
(Source: P.A.  88-510;  88-680,  eff.  1-1-95;  89-198,  eff.
7-21-95; 89-587, eff. 7-31-96; 89-688, eff.  6-1-97;  revised
1-20-97.)

    (730 ILCS 5/5-6-3.1) (from Ch. 38, par. 1005-6-3.1)
    Sec. 5-6-3.1.  Incidents and Conditions of Supervision.
    (a)  When a defendant is placed on supervision, the court
shall enter an order for supervision specifying the period of
such  supervision, and shall defer further proceedings in the
case until the conclusion of the period.
    (b)  The period of supervision shall be reasonable  under
all  of  the circumstances of the case, but may not be longer
than 2 years, unless the defendant  has  failed  to  pay  the
assessment  required  by Section 10.3 of the Cannabis Control
Act or Section 411.2 of the  Illinois  Controlled  Substances
Act,  in which case the court may extend supervision beyond 2
years. Additionally, the court shall order the  defendant  to
perform  no  less  than 30 hours of community service and not
more than  120  hours  of  community  service,  if  community
service  is  available  in the jurisdiction and is funded and
approved by the county board where the offense was committed,
when the offense (1) was related to or in furtherance of  the
criminal  activities of an organized gang or was motivated by
the defendant's membership in or allegiance to  an  organized
gang;  or  (2) is a violation of any Section of Article 24 of
the Criminal Code of 1961 where a disposition of  supervision
is  not  prohibited  by  Section  5-6-1  of  this  Code.  The
community service shall include, but not be limited  to,  the
cleanup  and  repair  of  any  damage  caused by violation of
Section 21-1.3 of the  Criminal  Code  of  1961  and  similar
damages to property located within the municipality or county
in   which   the  violation  occurred.   Where  possible  and
reasonable, the community service should be performed in  the
offender's neighborhood.
    For  the  purposes  of this Section, "organized gang" has
the meaning ascribed to it in  Section  10  of  the  Illinois
Streetgang Terrorism Omnibus Prevention Act.
    (c)  The  court  may  in  addition  to  other  reasonable
conditions  relating  to  the  nature  of  the offense or the
rehabilitation  of  the  defendant  as  determined  for  each
defendant in the proper discretion of the court require  that
the person:
         (1)  make a report to and appear in person before or
    participate  with  the  court  or such courts, person, or
    social service agency as directed by  the  court  in  the
    order of supervision;
         (2)  pay a fine and costs;
         (3)  work  or pursue a course of study or vocational
    training;
         (4)  undergo medical, psychological  or  psychiatric
    treatment; or treatment for drug addiction or alcoholism;
         (5)  attend  or reside in a facility established for
    the instruction or residence of defendants on probation;
         (6)  support his dependents;
         (7)  refrain from  possessing  a  firearm  or  other
    dangerous weapon;
         (8)  and in addition, if a minor:
              (i)  reside  with  his  parents  or in a foster
         home;
              (ii)  attend school;
              (iii)  attend  a  non-residential  program  for
         youth;
              (iv)  contribute to his own support at home  or
         in a foster home; and
         (9)  make restitution or reparation in an amount not
    to exceed actual loss or damage to property and pecuniary
    loss  or  make  restitution  under  Section  5-5-6  to  a
    domestic violence shelter.  The court shall determine the
    amount and conditions of payment;
         (10)  perform  some  reasonable  public or community
    service;
         (11)  comply with the terms  and  conditions  of  an
    order  of  protection issued by the court pursuant to the
    Illinois Domestic Violence Act of 1986. If the court  has
    ordered  the  defendant  to  make  a report and appear in
    person under paragraph (1) of this subsection, a copy  of
    the  order  of  protection  shall  be  transmitted to the
    person or agency so designated by the court;
         (12)  reimburse any "local  anti-crime  program"  as
    defined  in  Section 7 of the Anti-Crime Advisory Council
    Act for any reasonable expenses incurred by  the  program
    on  the offender's case, not to exceed the maximum amount
    of the fine authorized for  the  offense  for  which  the
    defendant was sentenced;
         (13)  contribute  a  reasonable sum of money, not to
    exceed the maximum amount of the fine authorized for  the
    offense  for  which  the  defendant  was  sentenced, to a
    "local anti-crime program", as defined in  Section  7  of
    the Anti-Crime Advisory Council Act;
         (14)  refrain   from   entering  into  a  designated
    geographic area except upon such terms as the court finds
    appropriate.  Such terms may include consideration of the
    purpose of the entry, the  time  of  day,  other  persons
    accompanying  the  defendant,  and  advance approval by a
    probation officer;
         (15)  refrain from having any contact,  directly  or
    indirectly,  with certain specified persons or particular
    types of person, including but not limited to members  of
    street gangs and drug users or dealers;
         (16)  refrain  from  having  in  his or her body the
    presence of any illicit drug prohibited by  the  Cannabis
    Control  Act  or  the Illinois Controlled Substances Act,
    unless prescribed by a physician, and submit  samples  of
    his  or her blood or urine or both for tests to determine
    the presence of any illicit drug.
    (d)  The court shall defer entering any judgment  on  the
charges until the conclusion of the supervision.
    (e)  At  the  conclusion of the period of supervision, if
the court determines  that  the  defendant  has  successfully
complied with all of the conditions of supervision, the court
shall discharge the defendant and enter a judgment dismissing
the charges.
    (f)  Discharge and dismissal upon a successful conclusion
of  a  disposition  of  supervision  shall  be deemed without
adjudication of guilt and shall not be  termed  a  conviction
for  purposes  of disqualification or disabilities imposed by
law  upon  conviction  of  a  crime.   Two  years  after  the
discharge  and  dismissal  under  this  Section,  unless  the
disposition of supervision was for a  violation  of  Sections
3-707,  3-708,  3-710,  5-401.3,  or  11-503  of the Illinois
Vehicle Code or a similar provision of a local ordinance,  or
for  a  violation of Sections 12-3.2 or 16A-3 of the Criminal
Code of 1961, in  which  case  it  shall  be  5  years  after
discharge  and  dismissal,  a  person  may have his record of
arrest  sealed  or  expunged  as  may  be  provided  by  law.
However, any defendant placed on supervision  before  January
1,  1980,  may  move for sealing or expungement of his arrest
record, as provided by law, at any time after  discharge  and
dismissal  under this Section. A person placed on supervision
for a sexual offense committed against a minor as defined  in
subsection  (g)  of  Section 5 of the Criminal Identification
Act or for a violation of  Section  11-501  of  the  Illinois
Vehicle  Code  or  a  similar  provision of a local ordinance
shall not  have  his  or  her  record  of  arrest  sealed  or
expunged.
    (g)  A defendant placed on supervision and who during the
period  of  supervision  undergoes  mandatory drug or alcohol
testing, or both, or is assigned to be placed on an  approved
electronic monitoring device, may be ordered to pay the costs
incidental  to  such  mandatory  drug  or alcohol testing, or
both,  and  costs  incidental  to  such  approved  electronic
monitoring in accordance with the defendant's ability to  pay
those  costs.  The  county  board with the concurrence of the
Chief Judge of the judicial circuit in which  the  county  is
located  may  establish  reasonable  fees  for  the  cost  of
maintenance,  testing, and incidental expenses related to the
mandatory drug or alcohol testing, or  both,  and  all  costs
incidental   to   approved   electronic  monitoring,  of  all
offenders placed on supervision.    The  concurrence  of  the
Chief Judge shall be in the form of an administrative order.
    (h)  A  disposition  of  supervision is a final order for
the purposes of appeal.
    (i)  The court shall impose upon a  defendant  placed  on
supervision   after  January  1,  1992,  as  a  condition  of
supervision, a fee of  $25  for  each  month  of  supervision
ordered  by the court, unless after determining the inability
of the person placed on supervision to pay the fee, the court
assesses a lesser fee. The court may not impose the fee on  a
minor  who  is  made  a  ward of the State under the Juvenile
Court Act of 1987 while the minor is in placement.   The  fee
shall  be  imposed  only  upon  a  defendant  who is actively
supervised by the probation and  court  services  department.
The fee shall be collected by the clerk of the circuit court.
The clerk of the circuit court shall pay all monies collected
from  this  fee  to  the  county treasurer for deposit in the
probation and court services fund pursuant to Section 15.1 of
the Probation and Probation Officers Act.
    (j)  All fines and costs imposed under this  Section  for
any  violation  of  Chapters  3, 4, 6, and 11 of the Illinois
Vehicle Code, or a similar provision of  a  local  ordinance,
and any violation of the Child Passenger Protection Act, or a
similar  provision  of  a local ordinance, shall be collected
and disbursed by the circuit clerk as provided under  Section
27.5 of the Clerks of Courts Act.
    (k)  A  defendant  at least 17 years of age who is placed
on supervision for a misdemeanor in a county of 3,000,000  or
more inhabitants and who has not been previously convicted of
a  misdemeanor  or  felony  may  as a condition of his or her
supervision be required by the court  to  attend  educational
courses  designed  to prepare the defendant for a high school
diploma and to work toward a high school diploma or  to  work
toward   passing  the  high  school  level  Test  of  General
Educational Development (GED) or to work toward completing  a
vocational  training  program  approved  by  the  court.  The
defendant  placed  on  supervision  must  attend   a   public
institution   of  education  to  obtain  the  educational  or
vocational training required by  this  subsection  (k).   The
defendant  placed on supervision shall be required to pay for
the cost of the educational courses or GED test, if a fee  is
charged  for  those  courses or test.  The court shall revoke
the supervision of a person who wilfully fails to comply with
this  subsection  (k).   The  court  shall   resentence   the
defendant  upon  revocation  of  supervision  as  provided in
Section 5-6-4.  This subsection  (k)  does  not  apply  to  a
defendant  who  has a high school diploma or has successfully
passed the GED test. This subsection (k) does not apply to  a
defendant   who   is   determined   by   the   court   to  be
developmentally disabled or otherwise mentally  incapable  of
completing the educational or vocational program.
(Source:  P.A.  88-77;  88-510; 88-670, eff. 12-2-94; 88-680,
eff. 1-1-95; 89-198,  eff.  7-21-95;  89-203,  eff.  7-21-95;
89-626,  eff.  8-9-96;  89-637,  eff.  1-1-97;  89-688,  eff.
6-1-97; revised 1-20-97.)

    (730 ILCS 5/5-6-4) (from Ch. 38, par. 1005-6-4)
    Sec.  5-6-4.  Violation,  Modification  or  Revocation of
Probation, of Conditional Discharge or Supervision  or  of  a
sentence of county impact incarceration - Hearing.
    (a)  Except  in  cases  where  conditional  discharge  or
supervision  was  imposed  for  a petty offense as defined in
Section 5-1-17, when a petition is filed charging a violation
of a condition, the court may:
         (1)  in the case of probation violations, order  the
    issuance of a notice to the offender to be present by the
    County   Probation   Department   or  such  other  agency
    designated by the court to handle probation matters;  and
    in  the  case  of  conditional  discharge  or supervision
    violations, such notice to the offender shall  be  issued
    by  the  Circuit  Court  Clerk;  and  in  the  case  of a
    violation of a sentence of county  impact  incarceration,
    such notice shall be issued by the Sheriff;
         (2)  order  a  summons to the offender to be present
    for hearing; or
         (3)  order a warrant for the offender's arrest where
    there is  danger  of  his  fleeing  the  jurisdiction  or
    causing serious harm to others or when the offender fails
    to answer a summons or notice from the clerk of the court
    or Sheriff.
    Personal   service  of  the  petition  for  violation  of
probation or the issuance of such warrant, summons or  notice
shall  toll  the  period of probation, conditional discharge,
supervision, or sentence of county impact incarceration until
the final determination  of  the  charge,  and  the  term  of
probation, conditional discharge, supervision, or sentence of
county  impact  incarceration shall not run until the hearing
and disposition of the petition for violation.
    (b)  The court shall conduct a  hearing  of  the  alleged
violation. The court shall admit the offender to bail pending
the hearing unless the alleged violation is itself a criminal
offense  in which case the offender shall be admitted to bail
on such terms  as  are  provided  in  the  Code  of  Criminal
Procedure  of 1963, as amended. In any case where an offender
remains  incarcerated  only  as  a  result  of  his   alleged
violation   of   the  court's  earlier  order  of  probation,
supervision,  conditional   discharge,   or   county   impact
incarceration  such  hearing  shall be held within 14 days of
the onset of said incarceration, unless the alleged violation
is the commission of another offense by the  offender  during
the period of probation, supervision or conditional discharge
in  which  case  such  hearing  shall be held within the time
limits described in Section 103-5 of  the  Code  of  Criminal
Procedure of 1963, as amended.
    (c)  The  State  has the burden of going forward with the
evidence and proving the violation by  the  preponderance  of
the  evidence.  The evidence shall be presented in open court
with  the  right  of  confrontation,  cross-examination,  and
representation by counsel.
    (d)  Probation,    conditional    discharge,     periodic
imprisonment and supervision shall not be revoked for failure
to comply with conditions of a sentence or supervision, which
imposes  financial  obligations upon the offender unless such
failure is due to his willful refusal to pay.
    (e)  If the court finds that the offender has violated  a
condition  at any time prior to the expiration or termination
of the period, it may continue him on the existing  sentence,
with or without modifying or enlarging the conditions, or may
impose  any  other  sentence that was available under Section
5-5-3 at the time of initial sentencing. If the  court  finds
that  the  person  has failed to successfully complete his or
her sentence to a county impact  incarceration  program,  the
court  may impose any other sentence that was available under
Section 5-5-3 at the time of initial sentencing, except for a
sentence of probation or conditional discharge.
    (f)  The  conditions   of   probation,   of   conditional
discharge,  of supervision, or of a sentence of county impact
incarceration may be modified by the court on motion  of  the
supervising  agency or on its own motion or at the request of
the offender after notice and a hearing.
    (g)  A   judgment   revoking   supervision,    probation,
conditional   discharge,  or  a  sentence  of  county  impact
incarceration is a final appealable order.
    (h)  Resentencing   after   revocation   of    probation,
conditional  discharge,  supervision, or a sentence of county
impact incarceration shall be under Article 4. Time served on
probation,  conditional discharge or supervision shall not be
credited by the court against a sentence of  imprisonment  or
periodic imprisonment unless the court orders otherwise.
    (i)  Instead   of   filing   a  violation  of  probation,
conditional discharge, supervision, or a sentence  of  county
impact incarceration, an agent or employee of the supervising
agency  with  the  concurrence  of  his or her supervisor may
serve on the defendant a Notice  of  Intermediate  Sanctions.
The   Notice   shall   contain  the  technical  violation  or
violations involved, the date or dates of  the  violation  or
violations,  and  the  intermediate  sanctions to be imposed.
Upon receipt of the Notice, the defendant  shall  immediately
accept   or   reject  the  intermediate  sanctions.   If  the
sanctions are accepted, they shall  be  imposed  immediately.
If  the  intermediate sanctions are rejected or the defendant
does not respond to the Notice,  a  violation  of  probation,
conditional  discharge,  supervision, or a sentence of county
impact incarceration shall  be  immediately  filed  with  the
court.   The  State's Attorney and the sentencing court shall
be notified of the  Notice  of  Sanctions.   Upon  successful
completion  of  the  intermediate  sanctions, a court may not
revoke probation, conditional discharge,  supervision,  or  a
sentence  of county impact incarceration or impose additional
sanctions for the same violation. A  notice  of  intermediate
sanctions  may  not be issued for any violation of probation,
conditional discharge, supervision, or a sentence  of  county
impact  incarceration  which  could  warrant  an  additional,
separate  felony  charge.  The  intermediate  sanctions shall
include a term of home detention as provided in Article 8A of
Chapter V of this Code for multiple or repeat  violations  of
the   terms  and  conditions  of  a  sentence  of  probation,
conditional discharge, or supervision.
(Source: P.A. 89-198, eff.  7-21-95;  89-587,  eff.  7-31-96;
89-647, eff. 1-1-97; revised 9-11-96.)

    (730 ILCS 5/5-7-6) (from Ch. 38, par. 1005-7-6)
    Sec.  5-7-6.  Duty of Clerk of Court or the Department of
Correction; Collection and Disposition of Compensation.
    (a)  Every   gainfully   employed   offender   shall   be
responsible for managing his or her earnings.  The  clerk  of
the  circuit  court  shall  have  only those responsibilities
regarding an offender's earnings as are  set  forth  in  this
Section.
    Every  offender, including offenders who are sentenced to
periodic imprisonment for weekends only,  gainfully  employed
shall  pay  a  fee  for room and board at a rate established,
with the concurrence of  the  chief  judge  of  the  judicial
circuit,  by  the  county  board  of  the county in which the
offender is incarcerated.  The concurrence of the chief judge
shall  be  in  the  form  of  an  administrative  order.   In
establishing the fee for room and board consideration may  be
given  to  all  costs  incidental  to  the  incarceration  of
offenders.  If  an  offender  is  necessarily absent from the
institution at mealtime he or she shall,  without  additional
charge,  be  furnished  with  a  meal to carry to work.  Each
week, on a day designated by the clerk of the circuit  court,
every   offender  shall  pay  the  clerk  the  fees  for  the
offender's room and board. Failure to pay the  clerk  on  the
day  designated  shall  result  in  the  termination  of  the
offender's  release. All fees for room and board collected by
the circuit court clerk shall be disbursed into the  county's
General Corporate Fund.
    By  order  of the court, all or a portion of the earnings
of employed offenders shall be turned over to the clerk to be
distributed for the following purposes, in the order stated:
         (1)  the room and board of the offender;
         (2)  necessary travel expenses to and from work  and
    other  incidental  expenses  of  the offender, when those
    expenses  are  incurred  by  the  administrator  of   the
    offender's imprisonment;
         (3)  support of the offender's dependents, if any.
    (b)  If  the  offender has one or more dependents who are
recipients of financial assistance pursuant to  the  Illinois
Public  Aid  Code,  or who are residents of a State hospital,
State school or foster care facility provided by  the  State,
the  court  shall  order  the  offender to turn over all or a
portion of his earnings to the clerk who shall, after  making
the  deductions  provided for under paragraph (a), distribute
those earnings to the appropriate agency as reimbursement for
the cost of care of such dependents. The order  shall  permit
the  Department of Human Services (acting as successor to the
Illinois Department of Public Aid  under  the  Department  of
Human  Services  Act)  or the local governmental unit, as the
case may be, to request the clerk that subsequent payments be
made directly to the dependents, or to some agency or  person
in  their  behalf,  upon  removal  of the dependents from the
public aid rolls; and upon such direction and removal of  the
recipients from the public aid rolls, the Department of Human
Services   or  the  local  governmental  unit,  as  the  case
requires, shall give written notice of  such  action  to  the
court.  Payments received by the Department of Human Services
or  by  governmental  units in behalf of recipients of public
aid shall be deposited into the General Revenue Fund  of  the
State Treasury or General Assistance Fund of the governmental
unit, under Section 10-19 of the Illinois Public Aid Code.
    (c)  The clerk of the circuit court shall keep individual
accounts  of  all  money collected by him as required by this
Article.  He  shall  deposit  all  moneys  as  trustee  in  a
depository designated by the  county  board  and  shall  make
payments  required  by  the  court's  order from such trustee
account. Such accounts shall be subject to audit in the  same
manner as accounts of the county are audited.
    (d)  If  an  institution or the Department of Corrections
certifies to the court that it can  administer  this  Section
with  respect  to persons committed to it under this Article,
the clerk of the court shall be relieved of its duties  under
this Section and they shall be assumed by such institution or
the Department.
(Source:  P.A.  88-679,  eff.  7-1-95;  89-507,  eff. 7-1-97;
89-532, eff. 7-19-96; revised 8-26-96.)

    Section  2-255.   The  County  Jail  Act  is  amended  by
changing Section 17 as follows:

    (730 ILCS 125/17) (from Ch. 75, par. 117)
    Sec.  17.  Bedding,  clothing,  fuel,  and  medical  aid;
reimbursement for medical or hospital expenses.   The  Warden
of  the  jail shall furnish necessary bedding, clothing, fuel
and medical aid for all prisoners under his charge, and  keep
an  accurate  account  of the same.  When medical or hospital
services are required by any  person  held  in  custody,  the
county,  private  hospital,  physician  or  any public agency
which provides such services  shall  be  entitled  to  obtain
reimbursement  from the county or from the Arrestee's Medical
Costs Fund  to  the  extent  that  moneys  in  the  Fund  are
available for the cost of such services.  The county board of
a  county  may adopt an ordinance or resolution providing for
reimbursement  for  the  cost  of  those  services   at   the
Department  of Public Aid's rates for medical assistance.  To
the extent that such person is reasonably  able  to  pay  for
such care, including reimbursement from any insurance program
or  from  other  medical  benefit  programs available to such
person, he or she shall reimburse  the  county  or  arresting
authority.    If  such  person  has  already  been determined
eligible for medical assistance under The Illinois Public Aid
Code at the time the person  is  initially  detained  pending
trial,  the  cost  of  such services, to the extent such cost
exceeds $2,500, shall be  reimbursed  by  the  Department  of
Public Aid under that Code.  A reimbursement under any public
or  private  program authorized by this Section shall be paid
to the county or arresting authority to the  same  extent  as
would  have been obtained had the services been rendered in a
non-custodial environment.
    An arresting  authority  shall  be  responsible  for  any
incurred medical expenses relating to the arrestee until such
time as the arrestee is placed in the custody of the sheriff.
However,  the arresting authority shall not be so responsible
if the arrest was made pursuant to a request by the  sheriff.
When  medical or hospital services are required by any person
held in custody, the county or arresting authority  shall  be
entitled  to obtain reimbursement from the Arrestee's Medical
Costs Fund to the extent moneys are available from the  Fund.
To  the  extent that the person is reasonably able to pay for
that care, including reimbursement from any insurance program
or from other  medical  benefit  programs  available  to  the
person, he or she shall reimburse the county.
    The  county  shall  be  entitled  to  a  $10 fee for each
conviction or order of supervision for a criminal  violation,
other  than  a  petty  offense  or business offense.  The fee
shall be taxed as costs to be collected from  the  defendant,
if  possible,  upon  conviction  or  entry  of  an  order  of
supervision.   The  fee shall not be considered a part of the
fine for purposes of any reduction in the fine.
    All such fees collected shall be deposited by the  county
in  a  fund  to  be  established  and known as the Arrestee's
Medical Costs Fund.  Moneys in the Fund shall be used  solely
for  reimbursement  of costs for medical expenses relating to
the arrestee and administration of the Fund.
    For the purposes of this Section,  "arresting  authority"
means  a unit of local government, other than a county, which
employs peace officers and whose peace officers have made the
arrest of a  person.   For  the  purposes  of  this  Section,
"medical  expenses relating to the arrestee" means only those
expenses incurred for medical care or treatment  provided  to
an  arrestee on account of an injury suffered by the arrestee
during the course of his arrest; the term  does  not  include
any  expenses incurred for medical care or treatment provided
to an arrestee on  account  of  a  health  condition  of  the
arrestee which existed prior to the time of his arrest.
(Source:  P.A. 89-654, eff. 8-14-96; 89-676, 8-14-96; revised
9-12-96.)

    Section 2-260.   The  Child  Sex  Offender  and  Murderer
Community  Notification  Law  is  amended  by  combining  and
renumbering  Sections  405  (from  P.A. 89-462) and 905 (from
P.A. 89-428) and the Article 4 and 9 headings as follows:

    (730 ILCS 152/Art. 4 heading)
       ARTICLE 4. AMENDATORY PROVISIONS SEVERABILITY.

    (730 ILCS 152/Art. 9 heading)
     ARTICLE 9. 4. 999. SEVERABILITY AND EFFECTIVE DATE.

    (730 ILCS 152/905)
    Sec. 905. 405.  Severability.  The provisions of this Act
are severable under Section 1.31 of the Statute on Statutes.
(Source: P.A. 89-428, eff. 12-13-95;  89-462,  eff.  5-29-96;
revised 10-31-96.)

    Section 2-265.  The Code of Civil Procedure is amended by
changing Section 7-103 as follows:

    (735 ILCS 5/7-103) (from Ch. 110, par. 7-103)
    Sec.  7-103.  "Quick-take".  This Section applies only to
proceedings under this Article:
         (1)  by the State of  Illinois,  the  Illinois  Toll
    Highway  Authority  or  the  St.  Louis Metropolitan Area
    Airport  Authority  for  the  acquisition  of   land   or
    interests therein for highway purposes;
         (2)  (blank);
         (3)  by  the  Department  of  Commerce and Community
    Affairs for the purpose specified in  the  Illinois  Coal
    Development Bond Act;
         (4)  (blank);
         (5)  for  the  purpose  specified  in  the St. Louis
    Metropolitan Area Airport Authority Act;
         (6)  for a period of 24 months after May  24,  1996,
    by   the   Southwestern  Illinois  Development  Authority
    pursuant  to  the   Southwestern   Illinois   Development
    Authority Act;
         (7)  for  a  period  of  3  years after December 30,
    1987, by the Quad Cities  Regional  Economic  Development
    Authority   (except   for  the  acquisition  of  land  or
    interests therein that is  farmland,  or  upon  which  is
    situated  a  farm dwelling and appurtenant structures, or
    upon which is situated a residence, or  which  is  wholly
    within  an  area  that  is  zoned  for  residential  use)
    pursuant to the Quad Cities Regional Economic Development
    Authority Act;
         (8)  by   a  sanitary  district  created  under  the
    Metropolitan Water  Reclamation  District  Act   for  the
    acquisition  of  land  or  interests therein for purposes
    specified in that Act;
         (9)  by a rail carrier within the  time  limitations
    and  subject  to  the  terms  and conditions set forth in
    Section 18c-7501 of the Illinois Vehicle Code;
         (10)  for a period of 18 months  after  January  26,
    1987,  for  the  purpose  specified  in  Division  135 of
    Article  11  of  the  Illinois  Municipal  Code,   by   a
    commission   created   under   Section  2  of  the  Water
    Commission Act of 1985;
         (11)  by a village containing a population  of  less
    than  15,000  for the purpose of acquiring property to be
    used for a  refuse  derived  fuel  system    designed  to
    generate   steam  and  electricity,  and  for  industrial
    development that will utilize such steam and electricity,
    pursuant to Section 11-19-10 of  the  Illinois  Municipal
    Code;
         (12)  after receiving the prior approval of the City
    Council,  by  a  municipality having a population of more
    than 500,000  for  the  purposes  set  forth  in  Section
    11-61-1a and Divisions 74.2 and 74.3 of Article 11 of the
    Illinois  Municipal  Code, and for the same purposes when
    established pursuant to home rule powers;
         (13)  by a home rule municipality,  after  a  public
    hearing  held  by  the  corporate  authorities  or  by  a
    committee of the corporate authorities and after approval
    by  a  majority  of  the corporate authorities, within an
    area designated as an enterprise zone by the municipality
    under the Illinois Enterprise Zone Act;
         (14)  by the Illinois  Sports  Facilities  Authority
    for  the  purpose specified in Section 12 of the Illinois
    Sports Facilities Authority Act;
         (15)  by a municipality having a population of  more
    than  2,000,000 for the purpose of acquiring the property
    described in Section 3 of the Sports Stadium Act;
         (16)  for a period of 18 months after July 29, 1986,
    in any  proceeding  by  the  Board  of  Trustees  of  the
    University  of  Illinois  for  the acquisition of land in
    Champaign County or interests therein as  a  site  for  a
    building or for any educational purpose;
         (17)  for a period of 2 years after July 1, 1990, by
    a  home  rule  municipality  and  a  county  board,  upon
    approval  of  a  majority of the corporate authorities of
    both the county board and  the  municipality,  within  an
    area designated as an enterprise zone by the municipality
    and   the   county  board  through  an  intergovernmental
    agreement under the Illinois Enterprise  Zone  Act,  when
    the  purpose of the condemnation proceeding is to acquire
    land for the construction of an industrial  harbor  port,
    and when the total amount of land to be acquired for that
    purpose  is  less  than  75  acres and is adjacent to the
    Illinois River;
         (18)  by an airport authority located solely  within
    the  boundaries of Madison County, Illinois, and which is
    organized pursuant  to  the  provisions  of  the  Airport
    Authorities Act, (i) for the acquisition of 160 acres, or
    less,  of  land  or  interests  therein  for the purposes
    specified in that Act which may be necessary  to  extend,
    mark,  and light runway 11/29 for a distance of 1600 feet
    in length by 100 feet in width with parallel taxiway,  to
    relocate  and  mark  County  Highway  19, Madison County,
    known  as  Moreland  Road,  to  relocate  the  instrument
    landing system including the approach lighting system and
    to construct associated  drainage,  fencing  and  seeding
    required  for the foregoing project and (ii) for a period
    of 6 months after December 28, 1989, for the  acquisition
    of  75  acres,  or less, of land or interests therein for
    the purposes specified in that Act which may be necessary
    to extend, mark and light the south end of  runway  17/35
    at such airport;
         (19)  by   any   unit  of  local  government  for  a
    permanent  easement  for  the  purpose  of   maintaining,
    dredging or cleaning the Little Calumet River;
         (20)  by   any   unit  of  local  government  for  a
    permanent  easement  for  the  purpose  of   maintaining,
    dredging or cleaning the Salt Creek in DuPage County;
         (21)  by   St.   Clair  County,  Illinois,  for  the
    development of a joint use facility at  Scott  Air  Force
    Base;
         (22)  by the Village of Summit, Illinois, to acquire
    land for a waste to energy plant;
         (23)  for  a  period of 15 months after September 7,
    1990, by the Department of Transportation or by any  unit
    of    local    government   under   the   terms   of   an
    intergovernmental  cooperation  agreement   between   the
    Department  of  Transportation  and  the  unit  of  local
    government   for   the  purpose  of  developing  aviation
    facilities in  and  around  Chanute  Air  Force  Base  in
    Champaign County, Illinois;
         (24)  for  a  period  of  1  year after December 12,
    1990, by the City of Morris for the  development  of  the
    Morris Municipal Airport;
         (25)  for a period of 1 year after June 19, 1991, by
    the   Greater  Rockford  Airport  Authority  for  airport
    expansion purposes;
         (26)  for a period of 24 months after June 30, 1991,
    by the City of Aurora for  completion  of  an  instrument
    landing system and construction of an east-west runway at
    the Aurora Municipal Airport;
         (27)  for  the  acquisition by the Metropolitan Pier
    and  Exposition  Authority  of  property   described   in
    subsection  (f) of Section 5 of the Metropolitan Pier and
    Exposition Authority Act for the  purposes  of  providing
    additional  grounds, buildings, and facilities related to
    the purposes of  the  Metropolitan  Pier  and  Exposition
    Authority;
         (28)  for a period of 24 months after March 1, 1992,
    by  the  Village  of  Wheeling  and  the City of Prospect
    Heights, owners of the Palwaukee  Municipal  Airport,  to
    allow for the acquisition of right of way to complete the
    realignment of Hintz Road and Wolf Road;
         (29)  for  a  period  of one year from the effective
    date  of  this   amendatory   Act   of   1992,   by   the
    Bloomington-Normal    Airport   Authority   for   airport
    expansion purposes;
         (30)  for a period of 24 months after September  10,
    1993,  by  the  Cook  County  Highway Department and Lake
    County Department of  Transportation  to  allow  for  the
    acquisition of necessary right-of-way for construction of
    underpasses   for   Lake-Cook   Road   at   the   Chicago
    Northwestern Railroad crossing, west of Skokie Boulevard,
    and the Chicago, Milwaukee, St. Paul and Pacific Railroad
    crossing, west of Waukegan Road;
         (31)  for  a  period  of one year after December 23,
    1993, by the City of Arcola and the City of  Tuscola  for
    the  development of the Arcola/Tuscola Water Transmission
    Pipeline  Project  pursuant  to   the   intergovernmental
    agreement  between  the  City  of  Arcola and the City of
    Tuscola;
         (32)  for a period of 24 months  from  December  23,
    1993,  by  the Village of Bensenville for the acquisition
    of property bounded by Illinois Route 83 to the west  and
    O'Hare  International  Airport  to the east to complete a
    flood control project known as the Bensenville Ditch;
         (33)  for a period of 9  months  after  November  1,
    1993, by the Medical Center Commission for the purpose of
    acquiring  a  site for the Illinois State Police Forensic
    Science Laboratory at Chicago, on the  block  bounded  by
    Roosevelt  Road on the north, Wolcott Street on the east,
    Washburn Street on the south, and  Damen  Avenue  on  the
    west in Chicago, Illinois;
         (34)  for a period of 36 months after July 14, 1995,
    by  White  County  for  the  acquisition  of a 3 1/2 mile
    section of Bellaire Road, which is described as  follows:
    Commencing  at  the Northwest Corner of the Southeast 1/4
    of Section 28, Township 6 South, Range 10 East of the 3rd
    Principal Meridian;  thence  South  to  a  point  at  the
    Southwest  Corner  of  the  Southeast  1/4  of Section 9,
    Township 7 South, Range 10  East  of  the  3rd  Principal
    Meridian;
         (35)  for  a period of one year after July 14, 1995,
    by  the  City  of  Aurora  for  permanent  and  temporary
    easements except over land adjacent to Indian  Creek  and
    west of Selmarten Creek located within the City of Aurora
    for  the  construction  of  Phase  II of the Indian Creek
    Flood Control Project;
         (35.1)  for a period beginning June  24,  1995  (the
    day following the effective date of Public Act 89-29) and
    ending  on July 13, 1995 (the day preceding the effective
    date of Public Act 89-134), by the  City  of  Aurora  for
    permanent and temporary easements for the construction of
    Phase II of the Indian Creek Flood Control Project;
         (36)  for a period of 3 years from July 14, 1995, by
    the  Grand  Avenue  Railroad Relocation Authority for the
    Grand Avenue Railroad Grade Separation Project within the
    Village of Franklin Park, Illinois;
         (37)  for a period of 3 years after July  14,  1995,
    by  the  Village  of  Romeoville  for  the acquisition of
    rights-of-way for the 135th Street Bridge Project,  lying
    within  the  South  1/2 of Section 34, Township 37 North,
    Range 10 East and the South 1/2 of Section  35,  Township
    37  North, Range 10 East of the Third Principal Meridian,
    and the North 1/2 of Section 2, Township 36 North,  Range
    10  East  and  the  North  1/2  of Section 3, Township 36
    North, Range 10 East of the 3rd  Principal  Meridian,  in
    Will County, Illinois;
         (37.1)  for a period of 3 years after June 23, 1995,
    by  the  Illinois  Department  of  Transportation for the
    acquisition of rights-of-way for the 135th Street  Bridge
    Project  between  the  Des  Plaines  River and New Avenue
    lying within the South 1/2 of  Section  35,  Township  37
    North, Range 10 East of the Third Principal Meridian  and
    the  North  1/2 of Section 2, Township 36 North, Range 10
    East of the  3rd  Principal  Meridian,  in  Will  County,
    Illinois;
         (38)  for  a period beginning June 24, 1995 (the day
    after the effective date of Public Act 89-29) and  ending
    18  months  after  July  14,  1995 (the effective date of
    Public  Act  89-134),   by   the   Anna-Jonesboro   Water
    Commission  for the acquisition of land and easements for
    improvements  to  its   water   treatment   and   storage
    facilities and water transmission pipes;
         (39)  for a period of 36 months after July 14, 1995,
    by  the City of Effingham for the acquisition of property
    which is described as follows:
    Tract 1:
         Lots 26 and 27 in Block 4 in  RAILROAD  ADDITION  TO
    THE  TOWN (NOW CITY) OF EFFINGHAM (reference made to Plat
    thereof recorded in Book "K", Page 769, in the Recorder's
    Office of Effingham County),  situated  in  the  City  of
    Effingham, County of Effingham and State of Illinois.
         Tract 2:
         The  alley  lying  South  and  adjoining Tract 1, as
    vacated by Ordinance recorded on July 28,  1937  in  Book
    183,  Page  465, and all right, title and interest in and
    to said alley as established by the Contract for Easement
    recorded on August 4, 1937 in Book 183, Page 472;
         (40)  for a period of one year after July 14,  1995,
    by  the  Village  of  Palatine  for  the  acquisition  of
    property  located  along  the  south  side of Dundee Road
    between  Rand  Road  and  Hicks  Road  for  redevelopment
    purposes;
         (41)  for a period of 6 years after  July  1,  1995,
    for  the  acquisition  by  the Medical Center District of
    property described in Section 3 of the  Illinois  Medical
    District  Act  within  the  District  Development Area as
    described in Section 4 of that Act for the  purposes  set
    forth in that Act;
         (41.5)  for  a  period  of  24 months after June 21,
    1996 by the City of Effingham, Illinois  for  acquisition
    of  property  for  the  South  Raney  Street  Improvement
    Project Phase I;
         (42)  for  a  period of 3 years after June 21, 1996,
    by the  Village  of  Deerfield  for  the  acquisition  of
    territory   within   the  Deerfield  Village  Center,  as
    designated as of that date by the Deerfield Comprehensive
    Plan, with the exception of that  area  north  of  Jewett
    Park  Drive  (extended)  between  Waukegan  Road  and the
    Milwaukee Railroad Tracks, for redevelopment purposes;
         (43)  for a period of 12 months after June 21, 1996,
    by the City of Harvard for the  acquisition  of  property
    lying  west  of  Harvard Hills Road of sufficient size to
    widen the Harvard Hills Road right of way and to  install
    and maintain city utility services not more than 200 feet
    west of the center line of Harvard Hills Road;
         (44)  for  a  period of 5 years after June 21, 1996,
    by the Village of River Forest, Illinois, within the area
    designated as a tax increment financing district when the
    purpose of the condemnation proceeding is to acquire land
    for any of the purposes contained in the River Forest Tax
    Increment  Financing  Plan  or  authorized  by  the   Tax
    Increment  Allocation  Redevelopment  Act,  provided that
    condemnation of any property zoned and  used  exclusively
    for residential purposes shall be prohibited;
         (45)  for a period of 18 months after June 28, 1996,
    by the Village of Schaumburg for the acquisition of land,
    easements,  and  aviation  easements for the purpose of a
    public airport in Cook and DuPage Counties; provided that
    if any proceedings under the provisions of  this  Article
    are pending on that date, "quick-take" may be utilized by
    the Village of Schaumburg;
         (46)  for  a period of one year after June 28, 1996,
    by the City of Pinckneyville for the acquisition of  land
    and  easements  to  provide for improvements to its water
    treatment and storage facilities and  water  transmission
    pipes,  and  for the construction of a sewerage treatment
    facility and sewerage transmission  pipes  to  serve  the
    Illinois    Department   of   Corrections   Pinckneyville
    Correctional Facility;
         (47)  for a period of 6 months after June 28,  1996,
    by  the  City of Streator for the acquisition of property
    described as follows for a  first  flush  basin  sanitary
    sewer system:
              Tract  5:  That part of lots 20 and 21 in Block
         6 in Moore and  Plumb's  addition  to  the  city  of
         Streator,  Illinois, lying south of the right of way
         of the switch  track  of  the  Norfolk  and  Western
         Railroad  (now  abandoned) in the county of LaSalle,
         state of Illinois.
              Tract 6:  That part of lots 30, 31  and  32  in
         Block 7 in Moore and Plumb's Addition to the city of
         Streator, Illinois, lying north of the centerline of
         Coal  Run Creek and south of the right of way of the
         switch track of the  Norfolk  and  Western  Railroad
         (now  abandoned)  in the county of LaSalle, state of
         Illinois;
         (48)  for a period of 36 months  after  January  16,
    1997  the  effective date of this amendatory Act of 1996,
    by   the   Bi-State    Development    Agency    of    the
    Missouri-Illinois    Metropolitan    District   for   the
    acquisition  of  rights  of  way  and  related   property
    necessary  for  the  construction  and  operation  of the
    MetroLink Light Rail System, beginning in East St. Louis,
    Illinois, and terminating at  Mid  America  Airport,  St.
    Clair County, Illinois;
         (49)  for a period of 2 years after January 16, 1997
    the effective date of this amendatory Act of 1996, by the
    Village    of   Schaumburg   for   the   acquisition   of
    rights-of-way,   permanent   easements,   and   temporary
    easements  for  the  purpose  of  improving  the  Roselle
    Road/Illinois  Route  58/Illinois  Route   72   corridor,
    including  rights-of-way  along  Roselle  Road, Remington
    Road, Valley Lake Drive, State Parkway,  Commerce  Drive,
    Kristin  Circle,  and  Hillcrest  Boulevard,  a permanent
    easement along  Roselle  Road,  and  temporary  easements
    along  Roselle  Road,  State  Parkway, Valley Lake Drive,
    Commerce Drive, Kristin Circle, and Hillcrest  Boulevard,
    in Cook County;.
         (50) (48)  by  the  Department of Transportation for
    purposes of acquiring private property  as  specified  in
    the Meigs Field Airport Act.
    In  a  proceeding subject to this Section, the plaintiff,
at any time after the complaint has  been  filed  and  before
judgment  is  entered  in  the proceeding, may file a written
motion requesting that,  immediately  or  at  some  specified
later  date,  the  plaintiff  either  be  vested with the fee
simple title (or such lesser estate, interest or easement, as
may be required) to the real property, or  specified  portion
thereof,  which  is  the  subject  of  the proceeding, and be
authorized to take possession of and use  such  property;  or
only  be  authorized  to  take  possession of and to use such
property, if such possession and use, without the vesting  of
title, are sufficient to permit the plaintiff to proceed with
the  project  until  the final ascertainment of compensation;
however, no land or interests therein now or hereafter owned,
leased, controlled or operated and used by, or necessary  for
the  actual  operation  of,  any  common  carrier  engaged in
interstate commerce, or any other public utility  subject  to
the  jurisdiction  of the Illinois Commerce Commission, shall
be taken or appropriated hereunder by the State of  Illinois,
the  Illinois  Toll Highway Authority, the sanitary district,
the St. Louis Metropolitan  Area  Airport  Authority  or  the
Board of Trustees of the University of Illinois without first
securing the approval of such Commission.
    Except as hereinafter stated, the motion for taking shall
state:  (1)  an accurate description of the property to which
the motion relates and the estate or interest  sought  to  be
acquired  therein;  (2) the formally adopted schedule or plan
of operation for the execution of  the  plaintiff's  project;
(3)  the  situation  of  the  property  to  which  the motion
relates, with respect  to  the  schedule  or  plan;  (4)  the
necessity for taking such property in the manner requested in
the   motion;  and  (5)  if  the  property  (except  property
described in Section 3 of the Sports Stadium Act, or property
described as Site B in Section 2 of the Metropolitan Pier and
Exposition Authority  Act,  or  property  that  is  taken  as
provided  in  the  Meigs  Field  Airport  Act) to be taken is
owned,  leased,  controlled  or  operated  and  used  by,  or
necessary for the actual operation of, any interstate  common
carrier  or  other public utility subject to the jurisdiction
of the Illinois  Commerce  Commission,  a  statement  to  the
effect  that  the  approval  of such proposed taking has been
secured from such Commission, and attaching to such motion  a
certified  copy of the order of such Commission granting such
approval. If the schedule or plan of  operation  is  not  set
forth  fully  in  the motion, a copy of such schedule or plan
shall be attached to the motion.
(Source: P.A. 88-486; 88-526; 88-670,  eff.  12-2-94;  89-29,
eff.  6-23-95;  89-134,  eff.  7-14-95; 89-343, eff. 8-17-95;
89-356, eff.  8-17-95;  89-445,  eff.  2-7-96;  89-460,  eff.
5-24-96;  89-494, eff. 6-21-96; 89-502, eff. 6-28-96; 89-504,
eff. 6-28-96;  89-592,  eff.  8-1-96;  89-626,  eff.  8-9-96;
89-683, eff. 6-1-97; 89-699, eff. 1-16-97; revised 1-28-97.)

    Section  2-270.   The Adoption Act is amended by changing
Section 13 as follows:

    (750 ILCS 50/13) (from Ch. 40, par. 1516)
    Sec. 13.  Interim order. As soon as practicable after the
filing of a petition for adoption  the  court  shall  hold  a
hearing for the following purposes:
    A.  In  other  than  an adoption of a related child or an
adoption through an agency, or of an adult:
         (a)  To  determine  the  validity  of  the  consent,
    provided that the execution of a consent pursuant to this
    Act shall be prima facie evidence of  its  validity,  and
    provided  that  the  validity  of  a consent shall not be
    affected by the omission therefrom of the  names  of  the
    petitioners  or  adopting parents at the time the consent
    is executed or acknowledged, and  further  provided  that
    the  execution  of  a  consent  prior  to the filing of a
    petition for adoption shall not affect its validity.;
         (b)  To  determine  whether   there   is   available
    suitable  temporary  custodial care for a child sought to
    be adopted.
    B.  In all cases:
         (a)  The court shall appoint some licensed  attorney
    other  than  the  State's  attorney  acting in his or her
    official capacity as guardian ad  litem  to  represent  a
    child sought to be adopted.  Such guardian ad litem shall
    have  power  to  consent to the adoption of the child, if
    such consent is required.;
         (b)  The court shall appoint a guardian ad litem for
    all named minors or  defendants  who  are  persons  under
    legal disability, if any.
         (c)  If  the  petition  alleges a person to be unfit
    pursuant  to  the  provisions  of  subparagraph  (p)   of
    paragraph  D  of Section 1 of this Act, such person shall
    be represented by counsel.  If such person is indigent or
    an appearance has not been entered on his behalf  at  the
    time  the  matter  is  set  for  hearing, the court shall
    appoint as counsel for him either  the  Guardianship  and
    Advocacy  Commission, the public defender, or, only if no
    attorney from the Guardianship and Advocacy Commission or
    the public defender is available, an attorney licensed to
    practice law in this State.
         (d)  If it is proved  to  the  satisfaction  of  the
    court,  after  such  investigation  as  the  court  deems
    necessary,   that  termination  of  parental  rights  and
    temporary commitment of the child to an agency  or  to  a
    person   deemed   competent   by   the  court,  including
    petitioners, will be for the welfare of  the  child,  the
    court  may  order  the  child  to be so committed and may
    terminate the parental rights of the parents and  declare
    the child a ward of the court or, if it is not so proved,
    the  court  may  enter  such other order as it shall deem
    necessary and advisable.
    C.  In the case of a child born outside the United States
or a territory thereof, if the  petitioners  have  previously
been  appointed  guardians  of  such  child  by  a  court  of
competent  jurisdiction  in  a  country other than the United
States or a territory thereof, the court may order  that  the
petitioners continue as guardians of such child.
(Source:  P.A.  89-644,  eff.  1-1-97;  89-686,  eff. 6-1-97;
revised 1-14-97.)

                          ARTICLE 3
                    TECHNICAL CORRECTIONS
    Section 3-1. This Article amends various Acts  to  delete
obsolete text, to correct patent and technical errors, and to
revise cross-references.

    Section  3-5.   The  State Salary and Annuity Withholding
Act is amended by changing Section 2 as follows:

    (5 ILCS 365/2) (from Ch. 127, par. 352)
    Sec. 2. Definitions.  As used in  this  Act,  unless  the
context otherwise requires:
    "Office"  means  the  State  Comptroller or, the Board of
Trustees of any of the following institutions: the University
of Illinois, the  Board  of  Trustees  of  Southern  Illinois
University,   Chicago   State  University,  Eastern  Illinois
University,  Governors  State  University,   Illinois   State
University,   Northeastern   Illinois   University,  Northern
Illinois University,  and  Western  Illinois  University  the
Board of Governors of State Colleges and Universities and the
universities  and  colleges  under  its  jurisdiction and the
Board of Regents and the universities under its jurisdiction.
    "Department" means  any  department,  board,  commission,
institution,  officer,  court,  or  any  agency  of the State
government, other than 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,  and   Western   Illinois   University,
receiving  State  appropriations  and  having  the  power  to
certify  payrolls  to the Comptroller authorizing payments of
salary or wages from such appropriations from any State  fund
or  from  trust  funds  held  by the State Treasurer; and the
Board of Trustees of the General Assembly Retirement  System,
the  Board  of  Trustees  of  the State Employees' Retirement
System of Illinois, and the Board of Trustees of  the  Judges
Retirement   System   of  Illinois  created  respectively  by
Articles 2, 14, and  18  of  the  "Illinois  Pension  Code.",
approved March 18, 1963, as heretofore amended;
    "Employee"  means  any  regular  officer  or employee who
receives salary or wages for personal service rendered to the
State of Illinois and, for the purpose of deduction  for  the
purchase  of  United States Savings Bonds, includes any State
contractual employee.;
    "Annuitant" means a person receiving a service retirement
allowance or ordinary or accidental disability benefits under
Article 2, Article 14, or Article 18 of the "Illinois Pension
Code.", approved March 18, 1963, as heretofore and  hereafter
amended;
    "Annuity"  means  the  service  retirement  allowance  or
accidental disability benefits received by an annuitant.
(Source: P.A. 89-4, eff. 1-1-96; revised 2-7-97.)

    Section 3-10.  The Department of Natural Resources Act is
amended by changing Section 80-30 as follows:

    (20 ILCS 801/80-30) (from 20 ILCS 801/35)
    Sec. 80-30. Transfer of property.
    (a)  All  books,  records,  documents, property (real and
personal), unexpended appropriations,  and  pending  business
pertaining  to  the rights, powers, and duties transferred by
this Act from the Department of Energy and Natural Resources,
the Department of Mines and  Minerals,  the  Abandoned  Mined
Lands   Reclamation   Council,  and  the  Division  of  Water
Resources  of  the  Department  of  Transportation   to   the
Department  of  Natural  Resources  shall  be  delivered  and
transferred to the Department of Natural Resources.
    All   books,   records,  documents,  property  (real  and
personal), unexpended appropriations,  and  pending  business
pertaining  to  the  rights, powers, and duties retained from
the Department of Conservation by the Department  of  Natural
Resources  shall  be  retained  by  the Department of Natural
Resources.
    (b)  All books, records, documents,  property  (real  and
personal),  unexpended  appropriations,  and pending business
pertaining to the rights, powers, and duties  transferred  by
this  Act from the Department of Energy and Natural Resources
to the Department of Commerce and Community Affairs shall  be
delivered  and  transferred to the Department of Commerce and
Community Affairs.
    (c)  All books, records, documents,  property  (real  and
personal),  unexpended  appropriations,  and pending business
pertaining to the rights, powers, and duties  transferred  by
this  Act from the Department of Conservation to the Historic
Preservation Agency shall be delivered and transferred to the
Historic Preservation Agency.
(Source:  P.A.  89-50,  eff.  7-1-95;  89-445,  eff.  2-7-96;
revised 2-14-96.)

    Section 3-15.  The Civil Administrative Code of  Illinois
is amended by changing Sections 63a40 and 63a41 as follows:

    (20 ILCS 805/63a40)
    Sec.  63a40.  Adopt-A-River  program.   To  establish and
maintain Adopt-A-River  programs  with  individual  or  group
volunteers in an effort to encourage and facilitate volunteer
group  involvement in litter cleanup in and along portions of
rivers and streams located in State  parks  and  park  lands.
These  programs  shall  include  but  not  be  limited to the
following:
    (1)  Providing and coordinating services by volunteers to
reduce the amount of litter including  providing  trash  bags
and   trash   bag  pickup  and,  where  necessary,  providing
briefings on safety procedures.
    (2)  Providing and  installing  signs  identifying  those
volunteers  participating  in  the  Adopt-A-River  program in
particular parks and park lands.
    The  State  and  the  Department  of  Natural   Resources
Conservation and its employees are not liable for any damages
or  injury  suffered  by any person resulting from his or her
participation  in  the  program  or  from  the   actions   or
activities of the volunteers.
(Source: P.A.  89-154,  eff.  7-19-95;  89-626,  eff. 8-9-96;
revised 8-19-96.)

    (20 ILCS 805/63a41)
    Sec. 63a41.  Establishment of Adopt-A-Park program.   The
Department  of  Natural  Resources Conservation may establish
and maintain Adopt-A-Park programs with individual  or  group
volunteers  in  an  effort  to  reduce and remove litter from
parks and park lands.  These programs shall include  but  not
be limited to the following:
         (1)  Providing    and   coordinating   services   by
    volunteers to reduce  the  amount  of  litter,  including
    providing  trash  bags  and  trash  bag  pickup  and,  in
    designated   areas  where  volunteers  may  be  in  close
    proximity to moving vehicles, providing safety  briefings
    and reflective safety gear.
         (2)  Providing   and  installing  signs  identifying
    those  volunteers  adopting  particular  parks  and  park
    lands.
(Source: P.A.  89-232,  eff.  1-1-96;  89-626,  eff.  8-9-96;
revised 8-19-96.)

    Section  3-20.   The  Department  of  Mental  Health  and
Developmental Disabilities Act (short title changed to Mental
Health  and  Developmental  Disabilities  Administrative  Act
effective July 1, 1997) is amended by changing Section 43  as
follows:

    (20 ILCS 1705/43) (from Ch. 91 1/2, par. 100-43)
    Sec.  43.   To provide habilitation and care for mentally
retarded and persons  with  a  developmental  disability  and
counseling  for  their  families  in accordance with programs
established and conducted by the Department.
    In assisting families to place such persons  in  need  of
care in licensed facilities for mentally retarded and persons
with   a   developmental  disability,.   the  Department  may
supplement the amount a family is able to pay, as  determined
by  the  Department in accordance with Sections 5-105 through
5-116 of the "Mental Health  and  Developmental  Disabilities
Code"  as  amended,  and  the  amount  available  from  other
sources.    The   Department  shall  have  the  authority  to
determine eligibility for placement of a person in a  private
facility.
    Whenever a mentally retarded person or a client is placed
in  a private facility pursuant to this Section, such private
facility must give the Department and the  person's  guardian
or  nearest  relative,  at  least  30 days' notice in writing
before such person may be discharged or transferred from  the
private facility, except in an emergency.
(Source: P.A. 88-380; revised 11-6-96.)

    Section 3-25.  The Disabled Persons Rehabilitation Act is
amended by changing Section 12a as follows:

    (20 ILCS 2405/12a) (from Ch. 23, par. 3443a)
    Sec. 12a.  Centers for independent living.
    (a)  Purpose.    Recognizing  that  persons  with  severe
disabilities deserve a high  quality  of  life  within  their
communities regardless of their disabilities, the Department,
working  with the Statewide Independent Living Council, shall
develop a State plan for submission on an annual basis to the
Commissioner.   The  Department   shall   adopt   rules   for
implementing  the  State  plan in accordance with the federal
Act, including rules adopted under the federal Act  governing
the award of grants.
    (b)  Definitions.  As  used  in  this Section, unless the
context clearly requires otherwise:
    "Federal Act" means the federal 1973 Rehabilitation Act.
    "Center  for  independent  living"   means   a   consumer
controlled,      community      based,      cross-disability,
non-residential, private non-profit agency that is designated
and  operated  within  a  local community by individuals with
disabilities and provides  an  array  of  independent  living
services.
    "Consumer   controlled"   means   that   the  center  for
independent living vests power and authority  in  individuals
with  disabilities  and that at least 51% of the directors of
the center are persons  with  one  or  more  disabilities  as
defined by this Act.
    "Commissioner"    means    the    Commissioner   of   the
Rehabilitation Services Administration in the  United  States
Department of Health and Human Services.
    "Council"  means the Statewide Independent Living Council
appointed under subsection (d).
    "Individual with a disability" means any  individual  who
has a physical or mental impairment that substantially limits
a major life activity, has a record of such an impairment, or
is regarded as having such an impairment.
    "Individual with a severe disability" means an individual
with a severe physical or mental impairment, whose ability to
function  independently  in  the family or community or whose
ability to obtain, maintain,  or  advance  in  employment  is
substantially   limited   and   for   whom  the  delivery  of
independent living  services  will  improve  the  ability  to
function,  continue  functioning,  or move toward functioning
independently in the family or community or  to  continue  in
employment.
    "State   plan"  means  the  materials  submitted  by  the
Department to  the  Commissioner  on  an  annual  basis  that
contain the State's proposal for:
         (1)  The  provision  of statewide independent living
    services.
         (2)  The development  and  support  of  a  statewide
    network of centers for independent living.
         (3)  Working   relationships  between  (i)  programs
    providing independent  living  services  and  independent
    living  centers  and  (ii)  the vocational rehabilitation
    program administered by the Department under the  federal
    Act and other programs providing services for individuals
    with disabilities.
    (c)  Authority.  The  Department  shall be designated the
State unit under Title VII of the federal Act and shall  have
the following responsibilities:
         (1)  To  receive,  account  for,  and disburse funds
    received by the State under the federal Act based on  the
    State plan.
         (2)  To  provide  administrative support services to
    centers for independent living programs.
         (3)  To keep records, and  take  such  actions  with
    respect to those records, as the Commissioner finds to be
    necessary with respect to the programs.
         (4)  To  submit  additional  information  or provide
    assurances the Commissioner may require with  respect  to
    the programs.
The   Secretary  and  the  Chairperson  of  the  Council  are
responsible for jointly developing and signing the State plan
required by Section 704 of the federal Act.  The  State  plan
shall  conform  to  the  requirements  of  Section 704 of the
federal Act.
    (d)  Statewide Independent Living Council.
    The Governor shall appoint a Statewide Independent Living
Council, comprised of 18 members, which shall be  established
as  an entity separate and distinct from the Department.  The
composition of the Council shall include the following:
         (1)  At  least  one  director  of   a   center   for
    independent living chosen by the directors of centers for
    independent living within the State.
         (2)  Two  representatives  of  the  Department and a
    representative each from the  Department  on  Aging,  the
    State  Board of Education, and the Department of Children
    and Family Services, all as non-voting members who  shall
    not  be  counted  in  the  18  members  appointed  by the
    Governor.
    In addition, the Council may include the following:
         (A)  One or  more  representatives  of  centers  for
    independent living.
         (B)  One or more parents or guardians of individuals
    with disabilities.
         (C)  One  or  more  advocates  for  individuals with
    disabilities.
         (D)  One  or   more   representatives   of   private
    business.
         (E)  One  or  more  representatives of organizations
    that provide services for individuals with disabilities.
         (F)  Other appropriate individuals.
    After  soliciting  recommendations   from   organizations
representing  a  broad range of individuals with disabilities
and   organizations   interested    in    individuals    with
disabilities,  the  Governor  shall  appoint  members  of the
Council for terms beginning July 1, 1993.  The Council  shall
be   composed   of   members   (i)   who   provide  statewide
representation;  (ii)  who  represent  a   broad   range   of
individuals  with  disabilities;  (iii) who are knowledgeable
about centers for independent living and  independent  living
services;  and  (iv)  a  majority of whom are persons who are
individuals with disabilities and are  not  employed  by  any
State  agency  or center for independent living. The terms of
all members of the Independent Living  Advisory  Council  who
were appointed for terms beginning before July 1, 1993, shall
expire on July 1, 1993.
    The  council  shall  elect  a  chairperson from among its
membership.
    Each member of the Council shall serve  for  terms  of  3
years,  except  that (i) a member appointed to fill a vacancy
occurring before the expiration of the  term  for  which  the
predecessor   was   appointed  shall  be  appointed  for  the
remainder  of  that  term  and  (ii)  terms  of  the  members
initially  appointed  after  the  effective  date   of   this
amendatory  Act  of  1993  shall  be     as follows: 6 of the
initial  members shall be appointed for terms of one year,  6
shall  be  appointed  for  terms  of  2 years, and 6 shall be
appointed for terms of 3 years.  No member of the council may
serve more than 2 consecutive full terms.
    Any vacancy occurring in the membership  of  the  Council
shall   be   filled  in  the  same  manner  as  the  original
appointment.  The vacancy shall not affect the power  of  the
remaining  members  to  execute  the powers and duties of the
Council.  The Council shall have  the  duties  enumerated  in
subsections  (c),  (d), and (e) of Section 705 of the federal
Act.
    Members shall be reimbursed  for  their  actual  expenses
incurred  in  the  performance  of  their  duties,  including
expenses  for  travel,  child  care,  and personal assistance
services, and a member  who  is  not  employed  or  who  must
forfeit wages from other employment  shall be paid reasonable
compensation for each day the member is engaged in performing
the duties of the Council.  The reimbursement or compensation
shall  be  paid  from moneys made available to the Department
under Part B of Title VII of the federal Act.
    In addition to the powers and duties granted to  advisory
boards  by  Section  8  of  the  Civil Administrative Code of
Illinois, the Council shall have  the  authority  to  appoint
jointly  with  the  Secretary  a  peer  review  committee  to
consider  and  make  recommendations  for  grants to eligible
centers for independent living.
    (e)  Grants to  centers  for  independent  living.   Each
center  for  independent living that receives assistance from
the Department under  this  Section  shall  comply  with  the
standards and provide and comply with the assurances that are
set  forth  in the State plan and consistent with Section 725
of the federal  Act.   Each  center  for  independent  living
receiving  financial  assistance  from  the  Department shall
provide satisfactory assurances at the time and in the manner
the Secretary requires.
    Beginning October 1, 1994, the Secretary may award grants
to  any  eligible  center  for  independent  living  that  is
receiving funds under Title VII of the  federal  Act,  unless
the Secretary makes a finding that the center for independent
living  fails to comply with the standards and assurances set
forth in Section 725 of the federal Act.
    If there is no center for independent  living  serving  a
region  of  the  State  or the region is underserved, and the
State receives a federal increase in its allotment sufficient
to support one or more  additional  centers  for  independent
living  in  the  State, the Secretary may award a grant under
this subsection to one or more eligible agencies,  consistent
with  the  provisions  of  the  State  plan setting forth the
design of the State for establishing a statewide network  for
centers for independent living.
    In  selecting  from among eligible agencies in awarding a
grant under this subsection for a new center for  independent
living,  the  Secretary  and  the  chairperson  of  (or other
individual designated by) the Council acting on behalf of and
at the direction of the Council shall jointly appoint a  peer
review  committee  that shall rank applications in accordance
with the standards and assurances set forth in Section 725 of
the federal Act  and  criteria  jointly  established  by  the
Secretary  and the chairperson or designated individual.  The
peer review committee  shall  consider  the  ability  of  the
applicant  to  operate  a  center  for independent living and
shall recommend an applicant to receive a  grant  under  this
subsection based on the following:
         (1)  Evidence   of   the   need  for  a  center  for
    independent living, consistent with the State plan.
         (2)  Any  past  performance  of  the  applicant   in
    providing   services  comparable  to  independent  living
    services.
         (3)  The applicant's plan  for  complying  with,  or
    demonstrated success in complying with, the standards and
    assurances set forth in Section 725 of the federal Act.
         (4)  The  quality  of key personnel of the applicant
    and  the   involvement   of   individuals   with   severe
    disabilities by the applicant.
         (5)  The  budgets  and  cost  effectiveness  of  the
    applicant.
         (6)  The evaluation plan of the applicant.
         (7)  The  ability  of the applicant to carry out the
    plan.
    The Secretary shall award the grant on the basis  of  the
recommendation of the peer review committee if the actions of
the committee are consistent with federal and State law.
    (f)  Evaluation   and   review.    The   Secretary  shall
periodically review each center for independent  living  that
receives  funds  from  the  Department under Title VII of the
federal Act, or moneys appropriated from the General  Revenue
Fund,  to  determine whether the center is in compliance with
the standards and assurances set forth in Section 725 of  the
federal  Act.   If  the  Secretary determines that any center
receiving those federal or State funds  is not in  compliance
with  the  standards and assurances set forth in Section 725,
the Secretary shall immediately notify the center that it  is
out  of  compliance.  The Secretary shall terminate all funds
to that center 90 days after the date of notification or,  in
the case of a center that requests an appeal, the date of any
final  decision,  unless the center submits a plan to achieve
compliance within 90 days and that plan is  approved  by  the
Secretary or (if 198 on appeal) by the Commissioner.
(Source: P.A. 88-10; 89-507, eff. 7-1-97; revised 12-4-96.)

    Section  3-30.  The Legislative Commission Reorganization
Act of 1984 is amended by changing Section 3A-1 as follows:

    (25 ILCS 130/3A-1)
    Sec. 3A-1. Pension Laws Commission.
    (a)  The Pension Laws Commission is hereby established as
a legislative support services  agency.   The  Commission  is
subject  to  the  provisions  of this Act.  It shall have the
powers and perform the duties delegated to it under this Act,
the Pension Impact Note Act, and the  Illinois  Pension  Code
and shall perform any other functions that may be provided by
law.
    (b)  The  Pension Laws Commission shall make a continuing
study of the laws and practices pertaining  to  pensions  and
related  retirement  and  disability  benefits for persons in
State or local government service  and  their  survivors  and
dependents,  shall  evaluate existing laws and practices, and
shall review and make recommendations on proposed changes  to
those laws and practices.
    (c)  The   Commission   shall   be  responsible  for  the
preparation of  Pension  Impact  Notes  as  provided  in  the
Pension Impact Note Act.
    (d)  The  Commission shall report to the General Assembly
annually or as it deems necessary or useful on the results of
its studies and the performance of its duties.
    (e)  The Commission may request assistance from any other
entity as necessary or useful  for  the  performance  of  its
duties.
    (f)  The  Illinois  Economic  and Fiscal Commission shall
continue to perform the functions and duties that  are  being
transferred  from  it  to the Pension Laws Commission by this
amendatory Act of 1995 until the Pension Laws Commission  has
been  appointed  and  funded  and  is  prepared  to begin its
operations.
(Source: P.A. 89-113, eff. 7-7-95; revised 5-17-96.)

    (30 ILCS 105/5.179 rep.)
    Section 3-35.   The  State  Finance  Act  is  amended  by
repealing Section 5.179.

    Section  3-40.   The  State  Finance  Act  is  amended by
changing Section 6z-32 as follows:

    (30 ILCS 105/6z-32)
    Sec. 6z-32. Conservation 2000.
    (a)  The Conservation 2000 Fund and the Conservation 2000
Projects Fund are created  as  special  funds  in  the  State
Treasury.    These   funds  shall  be  used  to  establish  a
comprehensive program to protect Illinois' natural  resources
through cooperative partnerships between State government and
public  and private landowners.  Moneys in these Funds may be
used,  subject  to  appropriation,   by   the   Environmental
Protection   Agency   and  the  Departments  of  Agriculture,
Conservation,   Energy    and    Natural    Resources,    and
Transportation  for  purposes  relating  to  natural resource
protection, recreation, tourism, and compatible  agricultural
and  economic development activities.  Without limiting these
general purposes, moneys in these Funds may be used,  subject
to appropriation, for the following specific purposes:
         (1)  To foster sustainable agriculture practices and
    control  soil erosion and sedimentation, including grants
    to Soil and Water Conservation Districts for conservation
    practice   cost-share   grants   and    for    personnel,
    educational, and administrative expenses.
         (2)  To establish and protect a system of ecosystems
    in  public  and  private  ownership  through conservation
    easements, incentives to  private  landowners,  and  land
    acquisition  provided  these mechanisms are all voluntary
    on the part of the landowner and do not involve  the  use
    of eminent domain.
         (3)  To  develop  a systematic and long-term program
    to effectively measure and monitor natural resources  and
    ecological  conditions  through investments in technology
    and involvement of scientific experts.
         (4)  To initiate strategies  to  enhance,  use,  and
    maintain   Illinois'   inland  lakes  through  education,
    technical assistance, research, and financial incentives.
         (5)  To conduct  an  extensive  review  of  existing
    Illinois water laws.
    (b)  The  State  Comptroller  and  State  Treasurer shall
automatically  transfer  on  the  last  day  of  each  month,
beginning on September 30, 1995 and ending on June 30,  2001,
from  the General Revenue Fund to the Conservation 2000 Fund,
an amount equal to 1/10 of the  amount  set  forth  below  in
fiscal  year  1996  and an amount equal to 1/12 of the amount
set forth below in each of the other specified fiscal years:
         Fiscal Year              Amount
           1996                  $ 3,500,000
           1997                  $ 9,000,000
           1998                  $10,000,000
           1999                  $11,000,000
           2000                  $12,500,000
           2001                  $14,000,000
    (c)  There shall be deposited into the Conservation  2000
Projects  Fund  such  bond  proceeds and other moneys as may,
from time to time, be provided by law.
(Source: P.A.  89-49,  eff.  6-29-95;  89-626,  eff.  8-9-96;
revised 12-10-96.)

    Section  3-45.  The Automobile Renting Occupation and Use
Tax Act is amended by changing Section 2 as follows:

    (35 ILCS 155/2) (from Ch. 120, par. 1702)
    Sec. 2.  Definitions.  "Renting" means  any  transfer  of
the  possession  or right to possession of an automobile to a
user for a valuable consideration for a period of one 1  year
or less.
    "Renting" does not include making of a charge for the use
of  an automobile where the rentor, either himself or through
an agent, furnishes a service of operating an  automobile  so
that  the  rentor  remains  in  possession of the automobile,
because this does not constitute a transfer of possession  or
right to possession of the automobile.
    "Renting"  does not include the making of a charge, by an
automobile  dealer  for  the  use  of  an  automobile  as   a
demonstrator  in  connection  with  the  dealer's business of
selling, where the charge is merely made to recover the costs
of operating the automobile as  a  demonstrator  and  is  not
intended as a rental or leasing charge in the ordinary sense.
    "Automobile"   means  any  motor  vehicle  of  the  first
division, a motor vehicle of the second division which  is  a
self-contained   motor   vehicle   designed   or  permanently
converted  to  provide  living  quarters  for   recreational,
camping or travel use, with direct walk through access to the
living quarters from the driver's seat, or a motor vehicle of
the  second  division  which  is  of  the  van  configuration
designed  for  the transportation of not less than 7 nor more
than 16 passengers, as  defined  in  Section  1-146  of  "the
Illinois Vehicle Code".
    "Department" means the Department of Revenue.
    "Person" means any natural individual, firm, partnership,
association,  joint stock company, joint adventure, public or
private  corporation,  limited  liability   company,   or   a
receiver,    executor,    trustee,   conservator   or   other
representative representatives  appointed  by  order  of  any
court.
    "Rentor"   means   any   person,   firm,  corporation  or
association engaged in the business  of  renting  or  leasing
automobiles  to  users.   For  this purpose, the objective of
making a profit is not necessary to make the renting activity
a business.
    "Rentee" means any user to whom the  possession,  or  the
right  to  possession,  of an automobile is transferred for a
valuable consideration for a period of one 1  year  or  less,
whether  which is paid for by the such "rentee" or by someone
else.
    "Gross receipts" from the renting  of  tangible  personal
property  or  "rent", means the total rental price or leasing
price.  In the case  of  rental  transactions  in  which  the
consideration  is paid to the rentor on an installment basis,
the amounts of such payments shall be included by the  rentor
in  gross  receipts  or  rent  only  as and when payments are
received by the rentor.
    "Rental price" means the  consideration  for  renting  or
leasing  an  automobile  valued in money, whether received in
money or otherwise,  including  cash  credits,  property  and
services,  and  shall  be determined without any deduction on
account of the cost of  the  property  rented,  the  cost  of
materials  used,  labor or service cost, or any other expense
whatsoever, but does not include charges that are added by  a
rentor rentors on account of the rentor's tax liability under
this Act, or on account of the rentor's duty to collect, from
the rentee, the tax that is imposed by Section 4 of this Act.
The  phrase "rental price" does not include compensation paid
to a rentor by a rentee in consideration of the waiver by the
rentor of any right of  action  or  claim  against  the  such
rentee  for  loss or damage to the automobile rented and also
does not include a separately stated charge for insurance  or
recovery  of  refueling  costs  or  other  separately  stated
charges  that  which are not for the use of tangible personal
property.
(Source: P.A. 88-480; revised 2-22-96.)

    Section 3-50.   The  Property  Tax  Code  is  amended  by
changing Section 16-35 as follows:

    (35 ILCS 200/16-35)
    Sec.  16-35.  Adjournment of boards of review.  The final
adjournment of the board of review in counties of  less  than
50,000  inhabitants  shall  be  on  or before September 7; in
counties  of  than  50,000  or  more  but  less  than  75,000
inhabitants, the adjournment shall be on or before October 7;
in  counties  of  75,000  or  more  but  less  than   100,000
inhabitants,  the  adjournment shall be on or before November
7; and in counties of 100,000 or more inhabitants  the  board
shall  adjourn  not  later than December 31.  If the work for
that assessment year is not completed, the  board  of  review
shall,  with  the  approval of the county board, recess on or
before its adjournment date as  specified  above,  until  the
clerk  of  the  board  of  review notifies the members of the
board of review in writing to return to session  to  complete
their  work.  The board of review shall adjourn when the work
for that assessment year  is  completed  and  the  assessment
books certified to the county clerk.
(Source: P.A. 84-582; 88-455; revised 2-14-96.)

    Section  3-55.   The  Illinois Pension Code is amended by
changing Sections 5-136,  15-136,  15-153.2,  and  24-109  as
follows:

    (40 ILCS 5/5-136) (from Ch. 108 1/2, par. 5-136)
    Sec. 5-136. Widow's annuity - all employees attaining age
57  in  service.   The annuity for the wife of an an employee
who attains age 57 in service, and who  thereafter  withdraws
from  or  dies  in  service, shall be fixed, in the case of a
future entrant, as of her age at the date of  his  withdrawal
or  death,  whichever  first  occurs,  and,  in the case of a
present employee, as of her age when the  employee  withdraws
from or dies in service.
    The  widow  is  entitled  to  annuity  from and after the
employee's death, as follows:
    1. If the employee withdraws from service and enters upon
annuity, the annuity shall be that amount provided  from  his
credit for widow's annuity, and widow's prior service annuity
(if  a  present  employee),  at the time he withdraws from or
dies in service after attainment of age 57, but shall not  be
less that 40% of the amount of annuity earned by the employee
at  the  time  of  his  withdrawal from the service after his
attainment of age 57 or not less than 40% of  the  amount  of
annuity  accrued to the credit of the employee on date of his
death in service after his  attainment  of  age  57  computed
according  to  Section  5-132,  subject to the limitations of
Section 5-148, but shall not be less than $100 per month.  If
the widow is more than 5 years younger than her husband,  the
40%  annuity  for the widow shall be reduced to the actuarial
equivalent of her attained age, on the basis of the  Combined
Annuity Table 3% interest.
    The  widow  of a policeman who retires from service after
December 31, 1975 or who dies while in service after December
31, 1975 and on  or  after  the  date  on  which  he  becomes
eligible  to  retire  under  Section  5-132  shall, if she is
otherwise eligible for a widow's annuity under  this  Article
and  if  the  amount  determined under this paragraph is more
than the total combined amounts of her  widow's  annuity  and
widow's  prior  service  annuity,  or  the annuities provided
hereinbefore in this Section receive, in lieu of  such  other
widow's   annuity  and  widow's  prior  service  annuity,  or
annuities provided hereinbefore in  this  Section  a  widow's
annuity  equal  to  40%  of  the  amount of annuity which her
deceased policeman husband received as of  the  date  of  his
retirement  on  annuity or if he dies in the service prior to
retirement on annuity a widow's annuity equal to 40%  of  the
amount  of  annuity her deceased policeman husband would have
been entitled to receive if he had retired on the day  before
the  date of his death in the service, except that if the age
of the wife at date of retirement or the age of the widow  at
date  of  death  in  the service is more than 5 years younger
than her policeman husband, the amount of such annuity  shall
be  reduced  by  1/2  of  1% for each such month and fraction
thereof that she is more than 5  years  younger  at  date  of
retirement or at date of death subject to a maximum reduction
of  50%.  However, no annuity under this Section shall exceed
$500.00 per month.
    This Section does not apply to the widow  of  any  former
policeman  who  was  receiving  an  annuity  from the fund on
December 31, 1975 and who reenters service  as  a  policeman,
unless  he  renders  at  least  3 years of additional service
after re-entry.
(Source: P.A. 79-631; revised 5-17-96.)

    (40 ILCS 5/15-136) (from Ch. 108 1/2, par. 15-136)
    Sec. 15-136.  Retirement annuities - Amount.
    (a)  The  amount  of  the  retirement  annuity  shall  be
determined by whichever of the following rules is  applicable
and provides the largest annuity:
    Rule  1:  The  retirement annuity shall be 1.67% of final
rate of earnings for each of the first 10 years  of  service,
1.90%  for  each  of  the next 10 years of service, 2.10% for
each year of service in excess of 20 but  not  exceeding  30,
and 2.30% for each year in excess of 30.
    Rule  2:  The  retirement annuity shall be the sum of the
following,  determined   from   amounts   credited   to   the
participant  in  accordance with the actuarial tables and the
prescribed rate  of  interest  in  effect  at  the  time  the
retirement annuity begins:
         (i)  The  normal annuity which can be provided on an
    actuarial equivalent basis,  by  the  accumulated  normal
    contributions as of the date the annuity begins; and
         (ii)  an  annuity  from employer contributions of an
    amount which can be provided on an actuarially equivalent
    basis from the accumulated normal contributions  made  by
    the   participant  under  Section  15-113.6  and  Section
    15-113.7 plus 1.4  times  all  other  accumulated  normal
    contributions made by the participant.
    Rule  3:  The  retirement annuity of a participant who is
employed at least one-half time during the  period  on  which
his or her final rate of earnings is based, shall be equal to
the   participant's  years  of  service  not  to  exceed  30,
multiplied by (1) $96 if  the  participant's  final  rate  of
earnings  is  less than $3,500, (2) $108 if the final rate of
earnings is at least $3,500 but less than $4,500, (3) $120 if
the final rate of earnings is at least $4,500 but  less  than
$5,500,  (4)  $132  if the final rate of earnings is at least
$5,500 but less than $6,500, (5) $144 if the  final  rate  of
earnings is at least $6,500 but less than $7,500, (6) $156 if
the  final  rate of earnings is at least $7,500 but less than
$8,500, (7) $168 if the final rate of earnings  is  at  least
$8,500  but  less than $9,500, and (8) $180 if the final rate
of earnings is $9,500 or more.
    Rule 4:  A participant who is at least age 50 and has  25
or  more years of service as a police officer or firefighter,
and a participant who is age 55 or over and has at  least  20
but  less  than  25  years  of service as a police officer or
firefighter, shall be entitled to a retirement annuity  of  2
1/4%  of  the final rate of earnings for each of the first 10
years of service as a police officer or firefighter,  2  1/2%
for  each of the next 10 years of service as a police officer
or firefighter, and 2 3/4% for each  year  of  service  as  a
police   officer   or  firefighter  in  excess  of  20.   The
retirement annuity for all other service  shall  be  computed
under Rule 1.
    (b)  The  retirement annuity provided under Rules 1 and 3
above shall be reduced by  1/2  of  1%  for  each  month  the
participant  is  under  age  60  at  the  time of retirement.
However, this reduction shall  not  apply  in  the  following
cases:
         (1)  For  a  disabled  participant  whose disability
    benefits have been discontinued because  he  or  she  has
    exhausted   eligibility  for  disability  benefits  under
    clause (6) (5) of Section 15-152;
         (2)  For a participant who has at least 35 years  of
    service; or
         (3)  For  that portion of a retirement annuity which
    has  been  provided  on  account  of   service   of   the
    participant  during  periods when he or she performed the
    duties of a  police  officer  or  firefighter,  if  these
    duties  were  performed  for at least 5 years immediately
    preceding the date the retirement annuity is to begin.
    (c)  The maximum retirement annuity provided under  Rules
1,  2,  and  4 shall be the lesser of (1) the annual limit of
benefits as specified in Section 415 of the Internal  Revenue
Code  of  1986,  as  such Section may be amended from time to
time and as such benefit limits  shall  be  adjusted  by  the
Commissioner  of  Internal Revenue, and (2) 75% of final rate
of earnings; however, this limitation of 75% of final rate of
earnings shall not apply to a person who is a participant  or
annuitant on September 15, 1977 if it results in a retirement
annuity  less  than that which is payable to the annuitant or
which would have been payable to the  participant  under  the
provisions of this Article in effect on June 30, 1977.
    (d)  An  annuitant whose status as an employee terminates
after August 14, 1969 shall receive  automatic  increases  in
his or her retirement annuity as follows:
    Effective  January  1  immediately following the date the
retirement annuity begins, the  annuitant  shall  receive  an
increase  in  his or her monthly retirement annuity of 0.125%
of the monthly retirement annuity provided under Rule 1, Rule
2, Rule 3, or Rule 4, contained in this  Section,  multiplied
by  the number of full months which elapsed from the date the
retirement annuity payments began to January  1,  1972,  plus
0.1667%  of  such  annuity,  multiplied by the number of full
months which elapsed from January 1, 1972, or  the  date  the
retirement  annuity  payments  began,  whichever is later, to
January 1, 1978, plus 0.25% of such annuity multiplied by the
number of full months which elapsed from January 1, 1978,  or
the  date the retirement annuity payments began, whichever is
later, to the effective date of the increase.
    The annuitant shall receive an increase  in  his  or  her
monthly  retirement  annuity  on  each  January  1 thereafter
during the annuitant's life of  3%  of  the  monthly  annuity
provided under Rule 1, Rule 2, Rule 3, or Rule 4 contained in
this  Section.  The change made under this subsection by P.A.
81-970 is effective January  1,  1980  and  applies  to  each
annuitant  whose  status  as an employee terminates before or
after that date.
    Beginning January 1, 1990, all automatic annual increases
payable  under  this  Section  shall  be  calculated   as   a
percentage  of  the  total annuity payable at the time of the
increase, including all increases  previously  granted  under
this Article.      The change made in this subsection by P.A.
85-1008  is  effective  January  26,  1988, and is applicable
without regard to whether status as  an  employee  terminated
before that date.
    (e)  If,  on  January 1, 1987, or the date the retirement
annuity payment period begins, whichever is later, the sum of
the retirement annuity provided under Rule 1  or  Rule  2  of
this  Section  and  the  automatic  annual increases provided
under the preceding subsection or Section  15-136.1,  amounts
to  less  than the retirement annuity which would be provided
by Rule 3, the retirement annuity shall be  increased  as  of
January  1,  1987, or the date the retirement annuity payment
period begins, whichever is later, to the amount which  would
be  provided by Rule 3 of this Section. Such increased amount
shall be considered as the retirement annuity in  determining
benefits provided under other Sections of this Article.  This
paragraph  applies  without  regard  to  whether status as an
employee  terminated  before  the  effective  date  of   this
amendatory  Act  of  1987,  provided  that  the annuitant was
employed at least one-half time during the  period  on  which
the final rate of earnings was based.
    (f)  A participant is entitled to such additional annuity
as  may  be provided on an actuarial equivalent basis, by any
accumulated additional contributions to his  or  her  credit.
However, the additional contributions made by the participant
toward the automatic increases in annuity provided under this
Section  shall  not  be taken into account in determining the
amount of such additional annuity.
    (g)  If, (1) by law, a function of a  governmental  unit,
as  defined by Section 20-107 of this Code, is transferred in
whole or in part  to  an  employer,  and  (2)  a  participant
transfers  employment  from  such  governmental  unit to such
employer within 6 months after the transfer of the  function,
and (3) the sum of (A) the annuity payable to the participant
under  Rule  1,  2, or 3 of this Section (B) all proportional
annuities payable to the participant by all other  retirement
systems  covered  by  Article 20, and (C) the initial primary
insurance amount to which the participant is  entitled  under
the  Social Security Act, is less than the retirement annuity
which would have been payable if  all  of  the  participant's
pension  credits  validated  under  Section  20-109  had been
validated under this system, a supplemental annuity equal  to
the  difference  in  such  amounts  shall  be  payable to the
participant.
    (h)  On January 1, 1981, an annuitant who was receiving a
retirement annuity on or before January 1,  1971  shall  have
his  or  her  retirement annuity then being paid increased $1
per month for each year of creditable service. On January  1,
1982,  an  annuitant  whose  retirement  annuity  began on or
before January 1, 1977, shall  have  his  or  her  retirement
annuity  then being paid increased $1 per month for each year
of creditable service.
    (i)  On January 1, 1987, any annuitant  whose  retirement
annuity  began  on  or before January 1, 1977, shall have the
monthly retirement annuity increased by an amount equal to 8¢
per year of creditable service times the number of years that
have elapsed since the annuity began.
(Source: P.A. 86-272; 86-273; 86-1028; revised 5-17-96.)
    (40 ILCS 5/15-153.2) (from Ch. 108 1/2, par. 15-153.2)
    Sec.  15-153.2.   Disability   retirement   annuity.    A
participant  whose disability benefits are discontinued under
the provisions of  clause  (6)  (5)  of  Section  15-152,  is
entitled  to  a  disability  retirement annuity of 35% of the
basic compensation which was payable to  the  participant  at
the  time that disability began, provided at least 2 licensed
and practicing physicians appointed by the board certify that
the participant has  a  medically  determinable  physical  or
mental  impairment  which  would  prevent  him  or  her  from
engaging  in  any substantial gainful activity, and which can
be expected to result in death or which has lasted or can  be
expected  to last for a continuous period of not less than 12
months.  The terms "medically determinable physical or mental
impairment" and "substantial gainful activity" shall have the
meanings ascribed to them in the "Social  Security  Act",  as
now   or   hereafter  amended,  and  the  regulations  issued
thereunder.
    The disability retirement annuity  payment  period  shall
begin  immediately following the expiration of the disability
benefit payments under clause (6) (5) of Section  15-152  and
shall  be  discontinued  when  (1)  the  physical  or  mental
impairment  no  longer prevents the participant from engaging
in any substantial  gainful  activity,  (2)  the  participant
dies,  or  (3) the participant elects to receive a retirement
annuity under Sections 15-135  and  15-136.   If  a  person's
disability  retirement  annuity  is discontinued under clause
(1), all rights and credits accrued in the system on the date
that  the  disability  retirement  annuity  began  shall   be
restored, and the disability retirement annuity paid shall be
considered  as  disability  payments  under clause (6) (5) of
Section 15-152.
(Source: P.A. 83-1440; revised 2-7-97.)
    (40 ILCS 5/24-109) (from Ch. 108 1/2, par. 24-109)
    Sec. 24-109. Football Coaches.
    (a)  Any football coach employed by the Board of Trustees
of Chicago State University, the Board of Trustees of Eastern
Illinois University, the Board of Trustees of Governors State
University,  the  Board  of  Trustees   of   Illinois   State
University,  the  Board  of Trustees of Northeastern Illinois
University,  the  Board  of  Trustees  of  Northern  Illinois
University,  the  Board  of  Trustees  of  Western   Illinois
University  Governors of State Colleges and Universities, the
Board  of  Regents,  the  University  of  Illinois  Board  of
Trustees, or the Southern Illinois University System Board of
Trustees, may participate in the  American  Football  Coaches
Retirement  Trust  in  accordance with the conditions of that
Trust, of this Section, and of applicable federal law.
    (b)  A football coach who elects to  participate  in  the
Trust  may  defer  a  part  of his compensation as a coach by
making employee contributions to the Trust.  Amounts deferred
by the coach under this Section shall be deemed a part of the
coach's compensation for purposes  of  participation  in  the
State  Universities Retirement System but, in accordance with
the U.S. Internal Revenue Code of 1986, shall not be included
in the computation of federal income taxes withheld on behalf
of the coach.  The employing institution of higher  education
shall  not  make  any  employer contributions to the Trust on
behalf of the coach.
    (c)  A football coach who participates in the  Trust  may
not participate in any other program of deferred compensation
under  this  Article  during  any  year  in  which  he  makes
contributions to the Trust.
    (d)  Participation  in the Trust shall be administered by
the institution of higher education that employs  the  coach.
Each  such  institution  shall report annually to the General
Assembly on the status of the Trust and  participation  under
this Section.
    (e)  The  right  to  participate  in  the  Trust  that is
granted by this Section is subject to future limitation,  and
shall not be deemed to be a pension benefit that is protected
from  impairment  under  Section  5  of  Article  XIII of the
Illinois Constitution.
(Source: P.A. 87-794, eff. 11-19-91; revised 11-13-96.)

    Section 3-60.  The Counties Code is amended  by  changing
Sections 4-2001, 5-1031.1, 5-1095, and 5-12003 as follows:

    (55 ILCS 5/4-2001) (from Ch. 34, par. 4-2001)
    Sec. 4-2001.  State's attorney salaries.
    (a)  There  shall  be  allowed  to  the  several  state's
attorneys  in this State, except the state's attorney of Cook
County, the following annual salary:
         (1)  To each state's attorney in counties containing
    less than 10,000 inhabitants, $40,500 until December  31,
    1988,   $45,500   until   June   30,  1994,  and  $55,500
    thereafter.
         (2)  To each state's attorney in counties containing
    10,000  or  more  inhabitants  but   less   than   20,000
    inhabitants,  $46,500  until  December  31, 1988, $61,500
    until June 30, 1994, and $71,500 thereafter.
         (3)  To each state's attorney in counties containing
    20,000 or more but less than 30,000 inhabitants,  $51,000
    until December 31, 1988, $65,000 until June 30, 1994, and
    $75,000 thereafter.
         (4)  To  each  state's states's attorney in counties
    of 30,000 or more inhabitants, $65,500 until December 31,
    1988,  $80,000  until  June   30,   1994,   and   $96,837
    thereafter.
    The  State  shall  furnish  66 2/3%  of  the total annual
compensation to be paid to each state's attorney in  Illinois
based  on the salary in effect on December 31, 1988, and 100%
of the increases in salary provided by Public Act 85-1451 and
this amendatory Act of 1994.
    Said amounts furnished by  the  State  shall  be  payable
monthly  from  the state treasury to the county in which each
state's attorney is elected.
    Each county shall be required to furnish 33 1/3%  of  the
total annual compensation to be paid to each state's attorney
in  Illinois  based  on  the salary in effect on December 31,
1988.
    (b)  Except in  counties  containing  fewer  than  10,000
inhabitants  and  except  as  provided  in this paragraph, no
state's attorney may engage in the private practice  of  law.
However,  in any county between 10,000 and 30,000 inhabitants
or in any county containing 30,000 or more inhabitants  which
reached  such  population between 1970 and December 31, 1981,
the state's attorney may declare his intention to  engage  in
the  private  practice of law by filing a written declaration
of intent to engage in the private practice of law  with  the
county   clerk.    The  declaration  of  intention  shall  be
irrevocable during the remainder of the term of  office.  The
declaration  shall  be  filed with the county clerk within 30
days of certification of election or appointment,  or  within
60 days of March 15, 1989, whichever is later.  In that event
the  annual  salary  of  such  state's  attorney  shall be as
follows:
         (1)  In   counties   containing   10,000   or   more
    inhabitants but less  than  20,000  inhabitants,  $46,500
    until December 31, 1988, $51,500 until June 30, 1994, and
    $61,500  thereafter.  The State shall furnish 100% of the
    increases taking effect after December 31, 1988.
         (2)  In   counties   containing   20,000   or   more
    inhabitants but less  than  30,000  inhabitants,  and  in
    counties  containing  30,000  or  more  inhabitants which
    reached said population between  1970  and  December  31,
    1981, $51,500 until December 31, 1988, $56,000 until June
    30,  1994,  and  $65,000  thereafter.   The  State  shall
    furnish   100%  of  the  increases  taking  effect  after
    December 31, 1988.
    (c)  In counties where a state mental health institution,
as hereinafter defined, is  located,  one  assistant  state's
attorney shall receive for his services, payable monthly from
the  state  treasury  to the county in which he is appointed,
the following:
         (1)  To each assistant state's attorney in  counties
    containing  less  than  10,000  inhabitants,  the  sum of
    $2,500 per annum;
         (2)  To each assistant state's attorney in  counties
    containing  not less than 10,000 inhabitants and not more
    than 20,000 inhabitants, the sum of $3,500 per annum;
         (3)  To each assistant state's attorney in  counties
    containing  not less than 20,000 inhabitants and not more
    than 30,000 inhabitants, the sum of $4,000 per annum;
         (4)  To each assistant state's attorney in  counties
    containing  not less than 30,000 inhabitants and not more
    than 40,000 inhabitants, the sum of $4,500 per annum;
         (5)  To each assistant state's attorney in  counties
    containing  not less than 40,000 inhabitants and not more
    than 70,000 inhabitants, the sum of $5,000 per annum;
         (6)  To each assistant state's attorney in  counties
    containing  not less than 70,000 inhabitants and not more
    than 1,000,000 inhabitants, the sum of $6,000 per annum.
    (d)  The population of all counties for  the  purpose  of
fixing  salaries  as  herein provided shall be based upon the
last Federal census immediately previous to  the  appointment
of an assistant state's attorney in each county.
    (e)  At the request of the county governing authority, in
counties  where  one or more state correctional institutions,
as hereinafter defined, are located, one  or  more  assistant
state's  attorneys shall receive for their services, provided
that such services are performed in connection with the state
correctional institution,  payable  monthly  from  the  state
treasury  to  the  county  in  which  they are appointed, the
following:
         (1)  $22,000 for each assistant state's attorney  in
    counties with one or more State correctional institutions
    with a total average daily inmate population in excess of
    2,000, on the basis of 2 assistant state's attorneys when
    the  total  average daily inmate population exceeds 2,000
    but is less than 4,000; and 3 assistant state's attorneys
    when such population exceeds 4,000; with reimbursement to
    be based on actual services rendered.
         (2)  $15,000 per  year  for  one  assistant  state's
    attorney  in  counties  having  one  or more correctional
    institutions with a total average daily inmate population
    of between 750 and 2,000 inmates, with  reimbursement  to
    be based on actual services rendered.
         (3)  A maximum of $12,000 per year for one assistant
    state's   attorney  in  counties  having  less  than  750
    inmates,  with  reimbursement  to  be  based  on   actual
    services rendered.
         Upon  application  of the county governing authority
    and certification of the State's Attorney,  the  Director
    of  Corrections  may,  in  his  discretion and subject to
    appropriation,   increase   the    amount    of    salary
    reimbursement   to   a   county   in  the  event  special
    circumstances require the county to  incur  extraordinary
    salary  expenditures as a result of services performed in
    connection with State correctional institutions  in  that
    county.
    In  determining  whether or not to increase the amount of
salary reimbursement,  the  Director  shall  consider,  among
other matters:
         (1)  the nature of the services rendered;
         (2)  the results or dispositions obtained;
         (3)  whether  or  not  the  county  was  required to
    employ additional attorney personnel as a  direct  result
    of  the  services  actually rendered in connection with a
    particular service to a State correctional institution.
    (f)  In counties where  a  State  senior  institution  of
higher  education is located, the assistant state's attorneys
specified by this Section shall receive for  their  services,
payable  monthly  from  the  State  treasury to the county in
which appointed, the following:
         (1)  $14,000 per year each for employment on a  full
    time  basis for 2 assistant state's attorneys in counties
    having a State  university  or  State  universities  with
    combined   full  time  enrollment  of  more  than  15,000
    students.
         (2)  $7,200  per  year  for  one  assistant  state's
    attorney with no limitation on other practice in counties
    having a State  university  or  State  universities  with
    combined   full  time  enrollment  of  10,000  to  15,000
    students.
         (3)  $4,000  per  year  for  one  assistant  state's
    attorney with no limitation on other practice in counties
    having a State  university  or  State  universities  with
    combined   full  time  enrollment  of  less  than  10,000
    students.
    Such salaries shall be paid to the state's  attorney  and
the  assistant state's attorney in equal monthly installments
by such county out of the county treasury provided  that  the
State  of  Illinois  shall reimburse each county monthly from
the state treasury the amount of such salary.   This  Section
shall not prevent the payment of such additional compensation
to  the state's attorney or assistant state's attorney of any
county, out of the treasury of that county as may be provided
by law.
    (g)  For purposes of this Section, "State  mental  health
institution"  means any institution under the jurisdiction of
the Department of Human Services that is listed in Section  4
of   the   Mental   Health   and  Developmental  Disabilities
Administrative Act.
    For  purposes  of  this  Section,   "State   correctional
institution"   means   any  facility  of  the  Department  of
Corrections including adult facilities, juvenile  facilities,
pre-release  centers,  community correction centers, and work
camps.
    For purposes of this Section,  "State  university"  means
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 several colleges
and  universities  under  the  governance  of  the  Board  of
Governors  of  State  Colleges  and Universities, the several
Regency Universities under the jurisdiction of the  Board  of
Regents,   and   any   public  community  college  which  has
established a program of interinstitutional cooperation  with
one  of  the  foregoing institutions whereby a student, after
earning an  associate  degree  from  the  community  college,
pursues  a  course  of  study at the community college campus
leading  to  a  baccalaureate  degree  from   the   foregoing
institution (also known as a "2 Plus 2" degree program).
(Source:  P.A.  88-594,  eff.  8-26-94;  89-507, eff. 7-1-97;
revised 2-7-97.)

    (55 ILCS 5/5-1031.1)
    Sec. 5-1031.1. Home rule real estate transfer taxes.
    (a)  After the effective date of this amendatory  Act  of

1996  and  subject  to  this  Section, a home rule county may
impose or increase a tax or other fee  on  the  privilege  of
transferring title to real estate, as represented by the deed
that  is  filed  for  recordation,  and  on  the privilege of
transferring a beneficial interest in a  land  trust  holding
legal  title  to  real  property, as represented by the trust
document that is filed for recordation.  A tax or  other  fee
on  the  privilege  of  transferring title to real estate, as
represented by the deed that is filed for recordation, and on
the privilege of transferring a beneficial interest in a land
trust holding legal title to real property, as represented by
the trust document  that  is  filed  for  recordation,  shall
hereafter be referred to as a real estate transfer tax.
    (b)  Before  adopting a resolution to submit the question
of imposing or increasing  a  real  estate  transfer  tax  to
referendum,  the  corporate  authorities  shall  give  public
notice  of  and hold a public hearing on the intent to submit
the question to referendum.  This hearing may be  part  of  a
regularly  scheduled  meeting  of  the corporate authorities.
The notice shall be published not more than 30 nor less  than
10  days  prior  to  the  hearing  in  a newspaper of general
circulation within the county municipality.  The notice shall
be published in the following form:
         Notice of Proposed (Increased) Real Estate  Transfer
    Tax for (commonly known name of county).
         A  public  hearing  on  a  resolution  to  submit to
    referendum the question of a  proposed  (increased)  real
    estate  transfer tax for (legal name of the county) in an
    amount of (rate) to be paid by the buyer (seller) of  the
    real  estate transferred will be held on (date) at (time)
    at (location).  The current rate of real estate  transfer
    tax imposed by (name of county) is (rate).
         Any  person desiring to appear at the public hearing
    and present testimony to the taxing district may do so.
    (c)  A notice that includes any information not specified
and required by this  Section  is  an  invalid  notice.   All
hearings shall be open to the public.  At the public hearing,
the  corporate  authorities  of  the county shall explain the
reasons for the proposed or increased  real  estate  transfer
tax  and  shall  permit  persons  desiring  to  be  heard  an
opportunity  to  present  testimony  within  reasonable  time
limits  determined  by  the corporate authorities.  A copy of
the proposed ordinance shall be made available to the general
public for inspection before the public hearing.
    (d)  No home rule county shall impose a new  real  estate
transfer  tax after the effective date of this amendatory Act
of 1996 without prior approval by referendum.  No  home  rule
county shall impose an increase of the rate of a current real
estate  transfer tax without prior approval by referendum.  A
home rule county may impose a new real estate transfer tax or
may increase an existing real estate transfer tax with  prior
referendum  approval.   The  referendum shall be conducted as
provided in subsection (e).
    (e)  The home rule county shall, by  resolution,  provide
for  submission  of  the proposition to the voters.  The home
rule county shall certify the resolution and the  proposition
to  the  proper  election  officials  in  accordance with the
general election law.  If the proposition is to impose a  new
real  estate  transfer  tax, it shall be in substantially the
following form:  "Shall (name of county) impose a real estate
transfer tax at a rate of (rate) to  be  paid  by  the  buyer
(seller)  of the real estate transferred, with the revenue of
the proposed transfer tax to be used for (purpose)?".  If the
proposition is to increase an existing real  estate  transfer
tax,  it  shall  be  in  the following form:  "Shall (name of
county)  impose  a  real  estate  transfer  tax  increase  of
(percent increase) to establish a new  real  estate  transfer
tax  rate  of  (rate) to be paid by the buyer (seller) of the
real estate transferred?  The current rate of the real estate
transfer  tax  is  (rate),  and  the  revenue  is  used   for
(purpose).   The  revenue from the increase is to be used for
(purpose).".
    If a majority of the electors voting on  the  proposition
vote  in  favor  of it, the county may impose or increase the
real estate transfer tax.
    (f)  Nothing in this amendatory Act of 1996  shall  limit
the  purposes for which real estate transfer tax revenues may
be collected or expended.
    (g)  A home  rule  county  may  not  impose  real  estate
transfer taxes other than as authorized by this Section. This
Section  is  a  denial and limitation of home rule powers and
functions under subsection (g) of Section 6 of Article VII of
the Illinois Constitution.
(Source: P.A. 89-701, eff. 1-17-97; revised 1-27-97.)

    (55 ILCS 5/5-1095) (from Ch. 34, par. 5-1095)
    Sec.  5-1095.  Community  antenna   television   systems;
satellite transmitted television programming.
    (a)  The  County  Board may license, tax or franchise the
business of operating a community antenna  television  system
or  systems  within the County and outside of a municipality,
as defined in Section 1-1-2 of the Illinois Municipal Code.
    When an area is annexed to a municipality,  the  annexing
municipality  shall  thereby become the franchising authority
with  respect  to  that  portion  of  any  community  antenna
television system that, immediately  before  annexation,  had
provided  cable  television  services within the annexed area
under a franchise granted by the county,  and  the  owner  of
that  community  antenna  television  system shall thereby be
authorized to provide cable television  services  within  the
annexed  area  under the terms and provisions of the existing
franchise.  In that instance, the franchise shall  remain  in
effect  until,  by  its  terms,  it  expires, except that any
franchise fees payable under the franchise shall  be  payable
only  to  the county for a period of 5 years or until, by its
terms, the franchise expires, whichever occurs first.   After
the  5  year  period,  any  franchise  fees payable under the
franchise shall be paid to the annexing municipality.  In any
instance  in  which  a  duly  franchised  community   antenna
television  system  is  providing  cable  television services
within the annexing municipality at the time  of  annexation,
the  annexing  municipality  may  permit  that  franchisee to
extend its community antenna television system to the annexed
area under terms and conditions that are no  more  burdensome
nor  less  favorable  to  that  franchisee than those imposed
under any community antenna television  franchise  applicable
to  the  annexed  area  at  the  time  of  annexation.    The
authorization  to  extend  cable  television  service  to the
annexed area and  any  community  antenna  television  system
authorized  to  provide  cable television services within the
annexed area at the time of annexation shall not  be  subject
to the provisions of subsection (e) of this Section.
    (b)  "Community  antenna  television  system"  as used in
this Section, means any  facility  which  is  constructed  in
whole  or  in part in, on, under or over any highway or other
public place and which is operated to perform  for  hire  the
service  of receiving and amplifying the signals broadcast by
one or  more  television  stations  and  redistributing  such
signals  by  wire,  cable  or  other  means to members of the
public who subscribe to such service except  that  such  term
does  not  include  (i) any system which serves fewer than 50
subscribers  or  (ii)  any  system  which  serves  only   the
residents  of  one  or  more apartment dwellings under common
ownership,   control   or    management,    and    commercial
establishments located on the premises of such dwellings.
    (c)  The  authority  hereby  granted does not include the
authority to license or franchise telephone companies subject
to the jurisdiction of the Illinois  Commerce  Commission  or
the  Federal  Communications  Commission  in  connection with
furnishing circuits, wires, cables or other facilities to the
operator of a community antenna television system.
    The County Board may, in the course of  franchising  such
community antenna television system, grant to such franchisee
the  authority and the right and permission to use all public
streets, rights of  way,  alleys,  ways  for  public  service
facilities,  parks,  playgrounds,  school  grounds,  or other
public grounds, in which such county may  have  an  interest,
for  the  construction, installation, operation, maintenance,
alteration, addition, extension or improvement of a community
antenna television system.
    Any charge imposed  by  a  community  antenna  television
system franchised pursuant to this Section for the raising or
removal of cables or lines to permit passage on, to or from a
street   shall  not  exceed  the  reasonable  costs  of  work
reasonably necessary to safely permit such passage.  Pursuant
to subsections (h) and (i) of Section 6 of Article VII of the
Constitution of the State of Illinois, the  General  Assembly
declares  the  regulation  of charges which may be imposed by
community antenna  television  systems  for  the  raising  or
removal  of  cables or lines to permit passage on, to or from
streets is a power or function to be exercised exclusively by
the State and not to be exercised or  performed  concurrently
with the State by any unit of local government, including any
home rule unit.
    The  County  Board  may,  upon  written  request  by  the
franchisee of a community antenna television system, exercise
its  right  of  eminent  domain  solely  for  the  purpose of
granting an easement right no greater than 8 feet  in  width,
extending  no  greater  than 8 feet from any lot line for the
purpose of extending cable across any parcel of  property  in
the  manner  provided  for  by  the  law  of  eminent domain,
provided, however, such franchisee deposits with  the  county
sufficient  security  to pay all costs incurred by the county
in the exercise of its right of eminent domain.
    Except  as  specifically  provided  otherwise   in   this
Section,  this  Section  is not a limitation on any home rule
county.
    (d)  The  General  Assembly  finds  and   declares   that
satellite-transmitted   television   programming   should  be
available  to  those  who  desire  to   subscribe   to   such
programming and that decoding devices should be obtainable at
reasonable   prices   by  those  who  are  unable  to  obtain
satellite-transmitted  television  programming  through  duly
franchised community antenna television systems.
    In any instance in which a person  is  unable  to  obtain
satellite-transmitted  television  programming through a duly
franchised community antenna television system either because
the municipality and county in which such person resides  has
not  granted  a franchise to operate and maintain a community
antenna television system, or  because  the  duly  franchised
community  antenna  television  system operator does not make
cable television  services  available  to  such  person,  any
programming   company   that  delivers  satellite-transmitted
television programming in scrambled or encrypted  form  shall
ensure  that  devices  for decryption of such programming are
made available to such person, through  the  local  community
antenna  television  operator  or  directly,  for purchase or
lease at prices reasonably related to the cost of manufacture
and distribution of such devices.
    (e)  The General Assembly finds  and  declares  that,  in
order  to  ensure  that community antenna television services
are provided in  an  orderly,  competitive  and  economically
sound manner, the best interests of the public will be served
by   the  establishment  of  certain  minimum  standards  and
procedures for the granting of  additional  cable  television
franchises.
    Subject   to  the  provisions  of  this  subsection,  the
authority granted under subsection (a) hereof  shall  include
the  authority  to  license,  franchise and tax more than one
cable  operator  to  provide  community  antenna   television
services   within   the   territorial   limits  of  a  single
franchising authority.  For purposes of this subsection  (e),
the term:
         (i)  "Existing  cable  television franchise" means a
    community  antenna  television  franchise  granted  by  a
    county which is in use at the time such  county  receives
    an application or request by another cable operator for a
    franchise  to  provide  cable antenna television services
    within all or any portion of the territorial  area  which
    is  or  may be served under the existing cable television
    franchise.
         (ii)  "Additional cable television franchise"  means
    a   franchise   pursuant   to   which  community  antenna
    television  services   may   be   provided   within   the
    territorial  areas,  or any portion thereof, which may be
    served under an existing cable television franchise.
         (iii)  "Franchising Authority" is  defined  as  that
    term  is  defined  under  Section  602(9)  of  the  Cable
    Communications Policy Act of 1984, Public Law 98-549.
         (iv)  "Cable  operator"  is  defined as that term is
    defined under Section 602(4) of the Cable  Communications
    Policy Act of 1984, Public Law 98-549.
    Before granting an additional cable television franchise,
the franchising authority shall:
              (1)  Give   written  notice  to  the  owner  or
         operator of any other community  antenna  television
         system franchised to serve all or any portion of the
         territorial  area  to  be  served by such additional
         cable   television   franchise,   identifying    the
         applicant   for   such   additional   franchise  and
         specifying the date, time and  place  at  which  the
         franchising  authority shall conduct public hearings
         to consider and determine  whether  such  additional
         cable television franchise should be granted.
              (2)  Conduct  a public hearing to determine the
         public need for  such  additional  cable  television
         franchise,  the  capacity of public rights-of-way to
         accommodate  such   additional   community   antenna
         television  services,  the  potential  disruption to
         existing users of public rights-of-way to be used by
         such  additional  franchise  applicant  to  complete
         construction  and  to   provide   cable   television
         services  within  the  proposed  franchise area, the
         long term economic impact of such  additional  cable
         television  system  within  the  community, and such
         other factors as  the  franchising  authority  shall
         deem appropriate.
              (3)  Determine,   based   upon   the  foregoing
         factors, whether it is in the best interest  of  the
         county  municipality  to grant such additional cable
         television franchise.
    If the franchising authority shall determine that  it  is
in  the best interest of the county municipality to do so, it
may grant the additional cable television franchise, provided
that no such additional cable television franchise  shall  be
granted  under  terms  or  conditions  more favorable or less
burdensome to the applicant than  those  required  under  the
existing   cable  television  franchise,  including  but  not
limited to terms and conditions pertaining to the territorial
extent of the franchise, system design, technical performance
standards,   construction   schedules,   performance   bonds,
standards  for  construction  and   installation   of   cable
television   facilities,   service   to  subscribers,  public
educational and governmental access channels and programming,
production assistance,  liability  and  indemnification,  and
franchise fees.
    No county shall be subject to suit for damages based upon
the   refusal   to   grant  an  additional  cable  television
franchise, provided that a public hearing as herein  provided
has  been  held  and the franchising authority has determined
that it is not in the best interest of the  county  to  grant
such additional franchise.
    It  is  declared to be the law of this State, pursuant to
paragraphs (h) and (i) of Section 6 of  Article  VII  of  the
Illinois  Constitution,  that  the  establishment  of minimum
standards and procedures for the granting of additional cable
television franchises as provided in this subsection  (e)  is
an  exclusive  State  power  and  function  that  may  not be
exercised concurrently by a home rule unit.
(Source: P.A. 86-962; 86-1410; revised 1-27-97.)

    (55 ILCS 5/5-12003) (from Ch. 34, par. 5-12003)
    Sec. 5-12003. Special flood hazard areas.  In those areas
within the territory of a county with a population in  excess
of  500,000 and fewer than 3 million inhabitants, and outside
any city, village or incorporated town, which are  identified
as   "Special   Flood  Hazard  Areas"  under  the  terms  and
provisions of any ordinance adopted under this Division,  the
unauthorized  excavation  or  filling  of such an area by any
person shall cause the county board to apply to  the  circuit
court  in  that  county  for  an order to remove the fill and
restore the parcel to  its  natural  elevation  in  order  to
lessen  or  avoid  the  imminent threat to the public health,
safety or welfare and damage to property resulting  from  the
accumulation  or  run-off  of  storm or flood waters.  Where,
upon diligent search, the  identity  or  whereabouts  of  the
owner  of  any such parcel, including lien holders of record,
are not ascertainable, notice mailed to the person  in  whose
name  such  real estate was last assessed for taxes, as shown
by  the  county  collector's  books,  constitutes  sufficient
notice under this Section.  The hearing upon such application
to the circuit court shall be  expedited  by  the  court  and
given  precedence  over all other suits.  The cost of removal
or restoration incurred by the county  board  is  recoverable
from  the  owner  of  such real estate and is a lien thereon,
which lien is  superior  to  all  prior  existing  liens  and
encumbrances,  except  taxes;  provided  that  within 60 days
after such removal of fill or restoration of  the  parcel  to
its  natural elevation, the county board shall file notice of
or lien for such cost and expense incurred in the  office  of
the  recorder  of  the  county.  The notice must consist of a
sworn statement setting out (1) a  description  of  the  real
estate  sufficient for identification thereof, (2) the amount
of money representing the cost and expense incurred, and  (3)
the  date on which the cost was incurred by the county.  Upon
payment of the costs and expenses by  the  owner  or  persons
interested in the property, the lien shall be released by the
county  in whose name the lien has been filed and the release
may  be  filed  of  record.  The  lien  may  be  enforced  by
proceedings of foreclosure as in the  case  of  mortgages  or
mechanics'  liens,  which  action  must be commenced within 3
years after the date of filing notice of lien.
(Source: P.A. 86-962; revised 2-7-97.)

    Section 3-65.  The Illinois Municipal Code is amended  by
changing Section 7-1-1.1 as follows:

    (65 ILCS 5/7-1-1.1) (from Ch. 24, par. 7-1-1.1)
    Sec. 7-1-1.1. Elector.  For the purposes of this Division
1, "elector" means anyone registered to vote.
(Source: Laws 1965, p. 959; revised 5-17-96.)

    Section  3-70.   The  School  Code is amended by changing
Section 9-12 as follows:

    (105 ILCS 5/9-12) (from Ch. 122, par. 9-12)
    Sec. 9-12. Ballots for the election  of  school  officers
shall be in one of the following forms:

(FORMAT 1
    Ballot position for candidates shall be determined by the
order  of petition filing or lottery held pursuant to Section
9-11.1.
    This format  is  used  by  Boards  of  School  Directors.
School Directors are elected at large.)
                       OFFICIAL BALLOT
             FOR MEMBERS OF THE BOARD OF SCHOOL
            DIRECTORS TO SERVE A FULL 4-YEAR TERM
                        VOTE FOR ....
        ( )  ........................................
        ( )  ........................................
        ( )  ........................................
             FOR MEMBERS OF THE BOARD OF SCHOOL
         DIRECTORS TO SERVE AN UNEXPIRED 2-YEAR TERM
                        VOTE FOR ....
        ( )   .......................................
        ( )   .......................................
        ( )   .......................................

(FORMAT 2
    Ballot position for candidates shall be determined by the
order  of petition filing or lottery held pursuant to Section
9-11.1.
    This format is used when school board members are elected
at large.  Membership on the school board is  not  restricted
by area of residence.
    Types  of  school  districts  generally using this format
are:
    Common school districts;
    Community  unit   and   community   consolidated   school
districts formed on or after January 1, 1975;
    Community  unit  school districts formed prior to January
1, 1975  that  elect  board  members  at  large  and  without
restriction  by  area  of residence within the district under
subsection (c) of Section 11A-8;
    Community  unit,  community  consolidated  and   combined
school  districts in which more than 90% of the population is
in one congressional township;
    High school districts in  which  less  than  15%  of  the
taxable  property is located in unincorporated territory; and
unit districts (OLD TYPE);
    Combined school districts formed  on  or  after  July  1,
1983;.)
    Combined  school districts formed before July 1, 1983 and
community consolidated  school  districts  that  elect  board
members at large and without restriction by area of residence
within the district under subsection (c) of Section 11B-7.)
                       OFFICIAL BALLOT
                 FOR MEMBERS OF THE BOARD OF
            EDUCATION TO SERVE A FULL 4-YEAR TERM
                        VOTE FOR ....
        ( )   .......................................
        ( )   .......................................
        ( )   .......................................
                 FOR MEMBERS OF THE BOARD OF
         EDUCATION TO SERVE AN UNEXPIRED 2-YEAR TERM
                        VOTE FOR ....
        ( )   .......................................
        ( )   .......................................
        ( )   .......................................

(FORMAT 3
    Ballot position for incorporated and unincorporated areas
shall  be  determined  by  the  order  of  petition filing or
lottery held pursuant to Sections 9-11.1 and 9-11.2.
    This  format  is  used  by  community   unit,   community
consolidated and combined school districts when the territory
is  less  than 2 congressional townships, or 72 square miles,
but consists of more than one congressional township,  or  36
square  miles,  outside  of the corporate limits of any city,
village or incorporated town within the school district.  The
School Code requires that not more than 5 board members shall
be selected from any city, village or  incorporated  town  in
the  school district.  At least two board members must reside
in the unincorporated area of the school district.
    Except for those community unit school  districts  formed
before  January 1, 1975 that elect board members at large and
without restriction by area of residence within the  district
under subsection (c) of Section 11A-8 and except for combined
school  districts  formed  before  July 1, 1983 and community
consolidated school districts that  elect  board  members  at
large and without restriction by area of residence within the
district  under  subsection (c) of Section 11B-7, this format
applies to community unit and community  consolidated  school
districts formed prior to January 1, 1975 and combined school
districts formed prior to July 1, 1983.)
                       OFFICIAL BALLOT
    Instructions  to  voter:  The board of education shall be
composed of  members  from  both  the  incorporated  and  the
unincorporated  area;  not more than 5 board members shall be
selected from any city, village or incorporated town.
    On the basis of existing board membership, not more  than
.... may be elected from the incorporated areas.
            FOR MEMBERS OF THE BOARD OF EDUCATION
                 TO SERVE A FULL 4-YEAR TERM
                        VOTE FOR ....
      ................... Area
           ( )   ...........................
           ( )   ...........................
      ................... Area
           ( )   ...........................
           ( )   ...........................
            FOR MEMBERS OF THE BOARD OF EDUCATION
              TO SERVE AN UNEXPIRED 2-YEAR TERM
                        VOTE FOR ....
      ................... Area
           ( )   ...........................
           ( )   ...........................
      ................... Area
           ( )   ...........................
           ( )   ...........................

(FORMAT 4
    Ballot position for township areas shall be determined by
the  order  of  petition  filing  or lottery held pursuant to
Sections 9-11.1 and 9-11.2.
    Except for those community unit school  districts  formed
prior  to  January  1, 1975 that elect board members at large
and without restriction  by  area  of  residence  within  the
district under subsection (c) of Section 11A-8 and except for
those  combined  school  districts formed before July 1, 1983
and community consolidated school districts that elect  board
members at large and without restriction by area of residence
within  the  district  under subsection (c) of Section 11B-7,
this  format  applies  to  community   unit   and   community
consolidated school districts formed prior to January 1, 1975
and  combined  school  districts formed prior to July 1, 1983
when the territory of the school district is greater  than  2
congressional  townships,  or  72  square miles.  This format
applies only when less than 75% of the population is  in  one
congressional township.  Congressional townships of less than
100  inhabitants  shall  not be considered for the purpose of
such mandatory board representation.  In this case, not  more
than   3   board   members  may  be  selected  from  any  one
congressional township.)
                       OFFICIAL BALLOT
    Instructions  to  voter:  Membership  on  the  board   of
education  is  restricted  to a maximum of 3 members from any
congressional township.   On  the  basis  of  existing  board
membership,  members  may be elected in the following numbers
from each congressional township.
    Not more than .... may  be  elected  from  Township  ....
Range ....
    Not  more  than  ....  may  be elected from Township ....
Range ....
    Not more than .... may  be  elected  from  Township  ....
Range ....
    (Include   each   remaining   congressional  township  in
district as needed)
                 FOR MEMBERS OF THE BOARD OF
            EDUCATION TO SERVE A FULL 4-YEAR TERM
                        VOTE FOR ....
      Township .............. Range ................
              ( ) ............................
              ( ) ............................
      Township .............. Range ................
              ( ) ............................
              ( ) ............................
       FOR MEMBERS OF THE BOARD OF EDUCATION TO SERVE
                  AN UNEXPIRED 2-YEAR TERM
                        VOTE FOR ....
      Township .............. Range ................
              ( ) ............................
              ( ) ............................
      Township .............. Range ................
              ( ) ............................
              ( ) ............................

(FORMAT 5
    Ballot position for township areas shall be determined by
the order of petition filing  or  lottery  held  pursuant  to
Sections 9-11.1 and 9-11.2.
    Except  for  those community unit school districts formed
before January 1, 1975 that elect board members at large  and
without  restriction by area of residence within the district
under subsection (c) of Section 11A-8 and  except  for  those
combined  school  districts  formed  before  July 1, 1983 and
community consolidated  school  districts  that  elect  board
members at large and without restriction by area of residence
within  the  district  under subsection (c) of Section 11B-7,
this  format  is  used  by  community  unit   and   community
consolidated  school  districts  formed  prior  to January 1,
1975, and combined school districts formed prior to  July  1,
1983,  when  the  territory of the school district is greater
than 2 congressional townships, or 72 square miles  and  when
at  least  75%,  but  not  more  than  90%, of the population
resides in one  congressional  township.   In  this  case,  4
school   board  members  shall  be  selected  from  that  one
congressional township and  the  3  remaining  board  members
shall  be selected from the rest of the district. If a school
district from which school board members are to  be  selected
is located in a county under township organization and if the
surveyed  boundaries  of  a congressional township from which
one or more of those school board members is to be  selected,
as  described  by  township number and range, are coterminous
with the boundaries of the  township  as  identified  by  the
township  name  assigned  to it as a political subdivision of
the State, then that township  may  be  referred  to  on  the
ballot  by  both its township name and by township number and
range.)
                       OFFICIAL BALLOT
    Instructions  to  voter:  Membership  on  the  board   of
education  is  to consist of 4 members from the congressional
township that has at least 75% but not more than 90%  of  the
population,   and   3   board   members  from  the  remaining
congressional townships in the school district.  On the basis
of existing board membership, members may be elected  in  the
following numbers from each congressional township.
            FOR MEMBER OF THE BOARD OF EDUCATION
              TO SERVE AN UNEXPIRED 2-YEAR TERM
       FROM (name)........ TOWNSHIP .....  RANGE .....
                        VOTE FOR ONE
                ( )..........................
                ( )..........................
            FOR MEMBERS OF THE BOARD OF EDUCATION
                TO SERVE A FULL 4-YEAR TERM;
                        VOTE FOR ....
.....  shall  be  elected  from  (name)......  Township .....
Range .....;  ...... board members shall be elected from  the
remaining congressional townships.
         (name).......  TOWNSHIP .....  RANGE .....
              ( ) ............................
              ( ) ............................
        The Remaining Congressional Townships
              ( ) ............................
              ( ) ............................

(FORMAT 6
    Ballot position for candidates shall be determined by the
order  of petition filing or lottery held pursuant to Section
9-11.1.
    This format is used by school districts in  which  voters
have  approved  a referendum to elect school board members by
school board district.  The school district is  then  divided
into  7  school  board  districts,  each  of which elects one
member to the board of education.)
                       OFFICIAL BALLOT
               DISTRICT ....... (1 through 7)
       FOR MEMBERS OF THE BOARD OF EDUCATION TO SERVE
                     A FULL 4-YEAR TERM
                        VOTE FOR ONE
         ( )   .....................................
         ( )   .....................................
         ( )   .....................................
                           (-OR-)
                       OFFICIAL BALLOT
               DISTRICT ....... (1 through 7)
       FOR MEMBERS OF THE BOARD OF EDUCATION TO SERVE
                  AN UNEXPIRED 2-YEAR TERM
                        VOTE FOR ONE
         ( )   .....................................
         ( )   .....................................
         ( )   .....................................
REVERSE SIDE:
                       OFFICIAL BALLOT
               DISTRICT ....... (1 through 7)
                  (Precinct name or number)
  School District No. ......, ........... County, Illinois
       Election Tuesday ..................., 19......
         (facsimile signature of Election Authority)
                          (County)

(FORMAT 7
    Ballot position for incorporated and unincorporated areas
shall be determined  by  the  order  of  petition  filing  or
lottery held pursuant to Sections 9-11.1 and 9-11.2.
    This format is used by high school districts if more than
15%  but  less than 30% of the taxable property is located in
the unincorporated territory of the school district.  In this
case, at least one board member shall be a  resident  of  the
unincorporated territory.)
                       OFFICIAL BALLOT
    Instructions to voter: More than 15% but less than 30% of
the  taxable property of this high school district is located
in the unincorporated territory of the  district,  therefore,
at  least  one  board  member  shall  be  a  resident  of the
unincorporated areas.
    On the basis of existing board membership, at  least  one
member shall be elected from the unincorporated area.
       FOR MEMBERS OF THE BOARD OF EDUCATION TO SERVE
                     A FULL 4-YEAR TERM
                        VOTE FOR ....
      ................... Area
           ( )   ...........................
           ( )   ...........................
      ................... Area
           ( )   ...........................
           ( )   ...........................
       FOR MEMBERS OF THE BOARD OF EDUCATION TO SERVE
                  AN UNEXPIRED 2-YEAR TERM
                        VOTE FOR ....
      ................... Area
           ( )   ...........................
           ( )   ...........................
      ................... Area
           ( )   ...........................
           ( )   ...........................

(FORMAT 7a
    Ballot position for candidates shall be determined by the
order of petition filing or lottery held pursuant to Sections
9-11.1 and 9-11.2.
    This format is used by high school districts if more than
15%  but  less than 30% of the taxable property is located in
the unincorporated territory of the school  district  and  on
the  basis  of  existing  board membership no board member is
required to be elected from the unincorporated area.)
                       OFFICIAL BALLOT
    Instruction to voter: More than 15% but less than 30%  of
the  taxable property of this high school district is located
in the unincorporated territory of the  district,  therefore,
at  least  one  board  member  shall  be  a  resident  of the
unincorporated areas.
    On the basis of existing board membership, members may be
elected from any area or areas.
       FOR MEMBERS OF THE BOARD OF EDUCATION TO SERVE
                     A FULL 4-YEAR TERM
                        VOTE FOR ....
       ( )   ........................................
       ( )   ........................................
       ( )   ........................................
       FOR MEMBERS OF THE BOARD OF EDUCATION TO SERVE
                  AN UNEXPIRED 2-YEAR TERM
                        VOTE FOR ....
       ( )   ........................................
       ( )   ........................................
       ( )   ........................................

(FORMAT 8
    Ballot position for incorporated and unincorporated areas
shall be determined  by  the  order  of  petition  filing  or
lottery held pursuant to Sections 9-11.1 and 9-11.2.
    This format is used by high school districts if more than
30%  of the taxable property is located in the unincorporated
territory of the school district.  In this case, at least two
board  members  shall  be  residents  of  the  unincorporated
territory.)
                       OFFICIAL BALLOT
    Instructions to voters: Thirty percent (30%) or  more  of
the  taxable property of this high school district is located
in the unincorporated territory of the  district,  therefore,
at  least  two  board  members  shall  be  residents  of  the
unincorporated territory.
    On  the  basis  of  existing  board membership at least 2
members shall be elected from the unincorporated area.
       FOR MEMBERS OF THE BOARD OF EDUCATION TO SERVE
                     A FULL 4-YEAR TERM
                        VOTE FOR ....
      ................... Area
           ( )   ...........................
           ( )   ...........................
      ................... Area
           ( )   ...........................
           ( )   ...........................
       FOR MEMBERS OF THE BOARD OF EDUCATION TO SERVE
                  AN UNEXPIRED 2-YEAR TERM
                        VOTE FOR ....
      ................... Area
           ( )   ...........................
           ( )   ...........................
      ................... Area
           ( )   ...........................
           ( )   ...........................

(FORMAT 8a
    Ballot position for incorporated and unincorporated areas
shall be determined  by  the  order  of  petition  filing  or
lottery held pursuant to Sections 9-11.1 and 9-11.2.
    This format is used by high school districts if more than
30%  of the taxable property is located in the unincorporated
territory of the school district.  In this case, at least two
board  members  shall  be  residents  of  the  unincorporated
territory.)
                       OFFICIAL BALLOT
    Instructions to voters: Thirty percent (30%) or  more  of
the  taxable property of this high school district is located
in the unincorporated territory of the  district,  therefore,
at  least  two  board  members  shall  be  residents  of  the
unincorporated territory.
    On  the  basis  of existing board membership at least one
member shall be elected from the unincorporated area.
       FOR MEMBERS OF THE BOARD OF EDUCATION TO SERVE
                     A FULL 4-YEAR TERM
                        VOTE FOR ....
      ................... Area
           ( )   ...........................
           ( )   ...........................
      ................... Area
           ( )   ...........................
           ( )   ...........................
       FOR MEMBERS OF THE BOARD OF EDUCATION TO SERVE
                  AN UNEXPIRED 2-YEAR TERM
                        VOTE FOR ....
      ................... Area
           ( )   ...........................
           ( )   ...........................
      ................... Area
           ( )   ...........................
           ( )   ...........................

(FORMAT 8b
    Ballot position for incorporated and unincorporated areas
shall be determined  by  the  order  of  petition  filing  or
lottery held pursuant to Sections 9-11.1 and 9-11.2.
    This format is used by high school districts if more than
30%  of the taxable property is located in the unincorporated
territory of the school district.  In this case, at least two
board  members  shall  be  residents  of  the  unincorporated
territory.)
                       OFFICIAL BALLOT
    Instructions to voters: Thirty percent (30%) or  more  of
the  taxable property of this high school district is located
in the unincorporated territory of the  district,  therefore,
at  least  two  board  members  shall  be  residents  of  the
unincorporated territory.
    On the basis of existing board membership, members may be
elected from any area or areas.
       FOR MEMBERS OF THE BOARD OF EDUCATION TO SERVE
                     A FULL 4-YEAR TERM
                        VOTE FOR ....
           ( )   ...........................
           ( )   ...........................
           ( )   ...........................
           ( )   ...........................
       FOR MEMBERS OF THE BOARD OF EDUCATION TO SERVE
                  AN UNEXPIRED 2-YEAR TERM
                        VOTE FOR ....
           ( )   ...........................
           ( )   ...........................
           ( )   ...........................
           ( )   ...........................
(Source: P.A.  89-129,  eff.  7-14-95; 89-416, eff. 11-22-95;
89-579, eff. 7-30-96; revised 10-24-96.)

    Section  3-75.   The  Public  Community  College  Act  is
amended by changing Section 6-4 as follows:

    (110 ILCS 805/6-4) (from Ch. 122, par. 106-4)
    Sec.  6-4.   Variable  rates  and  fees.   Any  community
college district, by resolution of the board,  may  establish
variable  tuition  rates  and fees for students attending its
college in an amount not to exceed 1/3 of the per capita cost
as  defined  in  Section   6-2,   provided   that   voluntary
contributions,  as  defined  in  Section  65  of  the  Higher
Education   Student   Assistance   the  Matching  Grants  for
Scolarships Act, shall not be included in any calculation  of
community  college  tuition  and fee rates for the purpose of
this Section.
(Source: P.A. 86-1445; 87-435; revised 2-17-97.)

    Section 3-80.  The Hospital Licensing Act is  amended  by
changing Section 10.4 as follows:

    (210 ILCS 85/10.4) (from Ch. 111 1/2, par. 151.4)
    Sec. 10.4. Medical staff privileges.
    (a)  Any hospital licensed under this Act or any hospital
organized  under  the  University  of  Illinois  Hospital Act
shall, prior to the granting of any medical staff  privileges
to an applicant, or renewing a current medical staff member's
privileges,   request   of   the   Director  of  Professional
Regulation information concerning the  licensure  status  and
any  disciplinary  action  taken  against  the applicant's or
medical staff member's license, except for medical  personnel
who  enter  a  hospital  to  obtain  organs  and  tissues for
transplant from a  deceased  donor  in  accordance  with  the
Uniform  Anatomical  Gift  Act.  The Director of Professional
Regulation  shall  transmit,  in  writing  and  in  a  timely
fashion,  such  information  regarding  the  license  of  the
applicant or the medical staff member, including  the  record
of  imposition of any periods of supervision or monitoring as
a result of  alcohol  or  substance  abuse,  as  provided  by
Section  23  1-21  of the "Medical Practice Act of 1987", and
such information as may have been submitted to the Department
indicating that the application or medical staff  member  has
been  denied, or has surrendered, medical staff privileges at
a  hospital  licensed  under  this  Act,  or  any  equivalent
facility in another state or territory of the United  States.
The  Director of Professional Regulation shall define by rule
the period for timely response to such requests.
    No  transmittal  of  information  by  the   Director   of
Professional Regulation, under this Section shall be to other
than   the   president,   chief   operating   officer,  chief
administrative officer, or chief of the medical  staff  of  a
hospital  licensed under this Act, a hospital organized under
the University  of  Illinois  Hospital  Act,  or  a  hospital
operated    by   the   United   States,   or   any   of   its
instrumentalities.  The information so transmitted  shall  be
afforded the same status as is information concerning medical
studies  by  Part  21  of  Article  VIII of the Code of Civil
Procedure, as now or hereafter amended.
    (b)  All hospitals licensed under this Act, except county
hospitals as defined in subsection (c) of Section 15-1 of the
Illinois Public Aid Code, shall comply with, and the  medical
staff   bylaws   of   these  hospitals  shall  include  rules
consistent with, the provisions of this Section in  granting,
limiting,  renewing,  or denying medical staff membership and
clinic staff privileges.
         (1)  Minimum procedures for initial  applicants  for
    medical staff membership shall include the following:
              (A)  Written   procedures   relating   to   the
         acceptance  and processing of initial applicants for
         medical staff membership.
              (B)  Written  procedures  to  be  followed   in
         determining  an applicant's qualifications for being
         granted medical staff membership and privileges.
              (C)  Written  criteria  to   be   followed   in
         evaluating an applicant's qualifications.
              (D)  An  evaluation  of  an applicant's current
         health  status  and  current   license   status   in
         Illinois.
              (E)  A  written response to each applicant that
         explains the  reason  or  reasons  for  any  adverse
         decision (including all reasons based in whole or in
         part  on  the  applicant's medical qualifications or
         any other basis, including economic factors).
         (2)  Minimum  procedures  with  respect  to  medical
    staff and clinical  privilege  determinations  concerning
    current  members  of  the medical staff shall include the
    following:
              (A)  A written notice of an adverse decision by
         the hospital governing board.
              (B)  An  explanation  of  the  reasons  for  an
         adverse decision including all reasons based on  the
         quality   of   medical  care  or  any  other  basis,
         including economic factors.
              (C)  A statement of the medical staff  member's
         right  to  request  a  fair  hearing  on the adverse
         decision before a hearing panel whose membership  is
         mutually  agreed  upon  by the medical staff and the
         hospital governing board. The  hearing  panel  shall
         have  independent  authority  to recommend action to
         the hospital governing board. Upon  the  request  of
         the  medical  staff member or the hospital governing
         board,  the  hearing  panel  shall   make   findings
         concerning  the nature of each basis for any adverse
         decision recommended to and accepted by the hospital
         governing board.
                   (i)  Nothing  in  this  subparagraph   (C)
              limits a hospital's or medical staff's right to
              summarily  suspend,  without a prior hearing, a
              person's medical staff membership  or  clinical
              privileges if the continuation of practice of a
              medical  staff  member constitutes an immediate
              danger  to  the  public,  including   patients,
              visitors,  and  hospital employees and staff. A
              fair hearing shall be commenced within 15  days
              after  the  suspension  and  completed  without
              delay.
                   (ii)  Nothing  in  this  subparagraph  (C)
              limits  a  medical  staff's right to permit, in
              the medical staff bylaws, summary suspension of
              membership or clinical privileges in designated
              administrative  circumstances  as  specifically
              approved  by  the  medical  staff.  This  bylaw
              provision must specifically describe  both  the
              administrative  circumstance that can result in
              a summary suspension  and  the  length  of  the
              summary  suspension. The opportunity for a fair
              hearing  is  required  for  any  administrative
              summary suspension. Any requested hearing  must
              be  commenced  within 15 days after the summary
              suspension and completed without delay. Adverse
              decisions  other  than  suspension   or   other
              restrictions  on  the treatment or admission of
              patients may be imposed summarily and without a
              hearing   under    designated    administrative
              circumstances  as  specifically provided for in
              the medical staff bylaws  as  approved  by  the
              medical staff.
                   (iii)  If  a hospital exercises its option
              to enter into an exclusive  contract  and  that
              contract   results  in  the  total  or  partial
              termination  or  reduction  of  medical   staff
              membership  or clinical privileges of a current
              medical  staff  member,  the   hospital   shall
              provide  the  affected  medical staff member 60
              days prior notice of the effect on his  or  her
              medical  staff  membership  or  privileges.  An
              affected   medical   staff  member  desiring  a
              hearing  under   subparagraph   (C)   of   this
              paragraph  (2)  must request the hearing within
              14  days  after  the  date  he  or  she  is  so
              notified.  The  requested  hearing   shall   be
              commenced  and  completed  (with  a  report and
              recommendation to the  affected  medical  staff
              member,  hospital  governing board, and medical
              staff) within 30 days after  the  date  of  the
              medical  staff member's request. If agreed upon
              by both the  medical  staff  and  the  hospital
              governing  board,  the medical staff bylaws may
              provide for longer time periods.
              (D)  A  statement  of  the  member's  right  to
         inspect all pertinent information in the  hospital's
         possession with respect to the decision.
              (E)  A  statement  of  the  member's  right  to
         present  witnesses and other evidence at the hearing
         on the decision.
              (F)  A written notice and  written  explanation
         of the decision resulting from the hearing.
              (G)  Notice given 15 days before implementation
         of  an  adverse medical staff membership or clinical
         privileges decision based substantially on  economic
         factors.  This  notice  shall  be  given  after  the
         medical   staff   member   exhausts  all  applicable
         procedures under this Section, including item  (iii)
         of subparagraph (C) of this paragraph (2), and under
         the   medical   staff   bylaws  in  order  to  allow
         sufficient time for the orderly provision of patient
         care.
              (H)  Nothing in  this  paragraph  (2)  of  this
         subsection (b) limits a medical staff member's right
         to   waive,  in  writing,  the  rights  provided  in
         subparagraphs (A) through (G) of this paragraph  (2)
         of  this  subsection  (b)  upon  being  granted  the
         written   exclusive   right  to  provide  particular
         services at a hospital, either individually or as  a
         member  of  a  group.  If  an  exclusive contract is
         signed by a representative of a group of physicians,
         a waiver contained in the contract  shall  apply  to
         all  members of the group unless stated otherwise in
         the contract.
         (3)  Every  adverse  medical  staff  membership  and
    clinical  privilege  decision  based   substantially   on
    economic  factors  shall  be  reported  to  the  Hospital
    Licensing  Board before the decision takes effect.  These
    reports shall not be disclosed in any form  that  reveals
    the identity of any hospital or physician.  These reports
    shall  be  utilized  to  study  the effects that hospital
    medical staff membership and clinical privilege decisions
    based upon economic factors have on access  to  care  and
    the  availability  of  physician  services.  The Hospital
    Licensing Board shall submit  an  initial  study  to  the
    Governor and the General Assembly by January 1, 1996, and
    subsequent   reports   shall  be  submitted  periodically
    thereafter.
         (4)  As used in this Section:
         "Adverse  decision"  means  a   decision   reducing,
    restricting,   suspending,   revoking,  denying,  or  not
    renewing medical staff membership or clinical privileges.
         "Economic factor" means any information  or  reasons
    for   decisions   unrelated   to   quality   of  care  or
    professional competency.
(Source: P.A. 88-654, eff. 1-1-95; revised 2-11-97.)

    Section 3-85.  The Illinois Insurance Code is amended  by
changing Section 370b as follows:
    (215 ILCS 5/370b) (from Ch. 73, par. 982b)
    Sec. 370b. Reimbursement on equal basis.  Notwithstanding
any  provision  of any individual or group policy of accident
and health insurance, or any provision of a policy, contract,
plan  or  agreement  for  hospital  or  medical  service   or
indemnity,  wherever such policy, contract, plan or agreement
provides  for  reimbursement  for  any  service  provided  by
persons licensed under the Illinois Medical Practice  Act  of
1987,  or  the  Podiatric  Medical  Practice Act of 1987, the
person entitled to benefits  or  person  performing  services
under such policy, contract, plan or agreement is entitled to
reimbursement  on  an  equal basis for such service, when the
said service is performed by  a  person  licensed  under  the
Illinois  Medical  Practice  Act  of  1987  or  the Podiatric
Medical Practice Act of 1987.  The provisions of this Section
do not apply to any policy, contract, plan  or  agreement  in
effect  prior  to September 19, 1969 or to preferred provider
arrangements or benefit agreements.
(Source: P.A. 88-670, eff. 12-2-94; revised 2-11-97.)

    Section 3-90.  The Health Maintenance Organization Act is
amended by changing Section 4-6.4 as follows:

    (215 ILCS 125/4-6.4)
    Sec. 4-6.4.  Post-parturition care.  A health maintenance
organization is subject to the  provisions  of  Section  356s
356r of the Illinois Insurance Code.
(Source: P.A. 89-513, eff. 9-15-96; revised 7-24-96.)

    Section 3-95.  The Voluntary Health Services Plans Act is
amended by changing Section 15.20 as follows:

    (215 ILCS 165/15.20)
    Sec.  15.20.  Post-parturition  care.   A  health service
plan corporation is subject to the provisions of Section 356s
356r of the Illinois Insurance Code.
(Source: P.A. 89-513, eff. 9-15-96; revised 7-24-96.)

    Section 3-100.   The  Environmental  Health  Practitioner
Licensing Act is amended by changing Section 26 as follows:

    (225 ILCS 37/26)
    Sec.    26.    Examination   for   registration   as   an
environmental health practitioner.
    (a)  Beginning June 30, On or after the effective date of
this amendatory Act  of  1995,  only  persons  who  meet  the
educational and experience requirements of Section 20 and who
pass  the  examination  authorized by the Department shall be
licensed.  Persons who meet the  requirements  of  subsection
(b) of Section 21 or Section 30 shall not be required to take
and pass the examination.
    (b)  Applicants  for  examination as environmental health
practitioners  shall  be  required  to  pay,  either  to  the
Department or the designated testing service, a fee  covering
the cost of providing the examination.
(Source:  P.A.  89-61,  eff.  6-30-95;  89-706, eff. 1-31-97;
revised 2-7-97.)

    Section 3-105.  The Podiatric  Medical  Practice  Act  of
1987  is  amended  by  changing  Sections  3,  24,  and 26 as
follows:

    (225 ILCS 100/3) (from Ch. 111, par. 4803)
    Sec. 3.  Exceptions.  This Act does not prohibit:
         (A) A.  any person licensed to practice medicine and
    surgery in all of its branches in this  State  under  the
    Medical  Practice  Act  of  1987  from  engaging  in  the
    practice for which he is licensed;
         (B)  B.  the  practice  of  podiatric  medicine by a
    person who is employed by the United States government or
    any bureau, division  or  agency  thereof  while  in  the
    discharge of the employee's official duties;
         (C)  C.  the practice of podiatric medicine which is
    included in their program of study by  students  enrolled
    in  any  approved  college  of  podiatric  medicine or in
    refresher courses approved by the Department;
         (D) D.  the practice of podiatric  medicine  by  one
    who has applied in writing to the Department, in form and
    substance  satisfactory  to the Department, for a license
    as a podiatric physician and has complied  with  all  the
    provisions  under  Section  9  of  this  Act,  except the
    passing of an examination to be eligible to receive  such
    license,  until  the  decision of the Department that the
    applicant  has  failed  to  pass   the   next   available
    examination authorized by the Department or has failed to
    take  the  next  available  examination authorized by the
    Department, or the withdrawal of the application;
         (E) E.  the practice of podiatric  medicine  by  one
    who  is  a  podiatric physician under the laws of another
    state, territory of  the  United  States  or  country  as
    described  in  Section 18 of this Act, and has applied in
    writing  to  the  Department,  in  form   and   substance
    satisfactory  to  the  Department,  for  a  license  as a
    podiatric physician and who is qualified to receive  such
    license under Section 13 or Section 9, until:
              (1)  the  expiration  of  6  months  after  the
         filing of such written application, or
              (2)  the withdrawal of such application, or
              (3)  the  denial  of  such  application  by the
         Department;
         (F) F.  the provision of emergency care without  fee
    by  a  podiatric  physician  assisting in an emergency as
    provided in Section 4.
    An  applicant  for  a  license  to   practice   podiatric
medicine,  practicing  under  the  exceptions  set  forth  in
paragraphs  (D)  and  (E) D or E, may use the title podiatric
physician,  podiatrist,  doctor  of  podiatric  medicine,  or
chiropodist as set forth in Section 5 of this Act.
(Source: P.A. 85-918; revised 2-11-97.)

    (225 ILCS 100/24) (from Ch. 111, par. 4824)
    Sec. 24. Refusal to issue or suspension or revocation  of
license  -  Grounds.  The Department may refuse to issue, may
refuse to renew, may refuse to restore, may suspend,  or  may
revoke  any  license,  or  may  place  on probation, censure,
reprimand or take other disciplinary action as the Department
may deem proper, including fines  not  to  exceed  $2,500  or
impose  a  fine for each violation upon anyone licensed under
this Act for any of the following reasons:
    1.  Material misstatement in  furnishing  information  to
the Department;
    2.  Violations   of   this   Act,  or  of  the  rules  or
regulations promulgated hereunder;
    3.  Conviction of any crime under the laws of any  United
States   jurisdiction  which  is  a  felony  or  which  is  a
misdemeanor, an essential element of which is dishonesty,  or
of any crime which is directly related to the practice of the
profession;
    4.  Making  any  misrepresentation  for  the  purpose  of
obtaining licenses, or violating any provision of this Act or
the rules promulgated thereunder pertaining to advertising;
    5.  Professional incompetence;
    6.  Gross or repeated malpractice;
    7.  Aiding  or  assisting another person in violating any
provision of this Act or rules;
    8.  Failing, within 60 days, to  provide  information  in
response to a written request made by the Department;
    9.  Engaging in dishonorable, unethical or unprofessional
conduct of a character likely to deceive, defraud or harm the
public;
    10.  Habitual  or  excessive  use  of alcohol, narcotics,
stimulants or other chemical agent or drug which  results  in
the  inability to practice podiatric medicine with reasonable
judgment, skill or safety;
    11.  Discipline by another United States jurisdiction  if
at least one of the grounds for the discipline is the same or
substantially equivalent to those set forth herein;
    12.  Directly  or  indirectly giving to or receiving from
any person, firm, corporation, partnership or association any
fee, commission, rebate or other form of compensation for any
professional services not actually  or  personally  rendered.
This   shall   not   be  deemed  to  include  rent  or  other
remunerations  paid  to  an   individual,   partnership,   or
corporation,  by  a licensee, for the lease, rental or use of
space, owned or controlled, by the individual, partnership or
corporation;
    13.  A finding by the Podiatric Medical  Licensing  Board
that  the  licensee,  after  having  his  license  placed  on
probationary status, has violated the terms of probation;
    14.  Abandonment of a patient;
    15.  Willfully  making or filing false records or reports
in his practice, including but not limited to  false  records
filed with state agencies or departments;
    16.  Willfully failing to report an instance of suspected
child  abuse  or  neglect  as  required  by  the  Abused  and
Neglected Child Report Act;
    17.  Physical  illness,  including  but  not  limited to,
deterioration through the aging process,  or  loss  of  motor
skill   which  results  in  the  inability  to  practice  the
profession with reasonable judgment, skill or safety;
    18.  Solicitation of  professional  services  other  than
permitted advertising;
    19.  The determination by a circuit court that a licensed
podiatric  physician  is  subject to involuntary admission or
judicial admission as  provided  in  the  Mental  Health  and
Developmental  Disabilities  Code  operates  as  an automatic
suspension; such suspension will end only upon a finding by a
court that the patient is no longer  subject  to  involuntary
admission  or  judicial  admission  and  issues  an  order so
finding  and  discharging   the   patient;   and   upon   the
recommendation  of  the  Podiatric Medical Licensing Board to
the Director that the  licensee  be  allowed  to  resume  his
practice;
    20.  Holding  oneself  out  to treat human ailments under
any name other than his own,  or  the  impersonation  of  any
other physician;
    21.  Revocation  or  suspension  of  a  podiatric medical
license in another jurisdiction;
    22.  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 podiatric physician;
    23.  Gross,  willful,  and  continued  overcharging   for
professional  services  including filing false statements for
collection of fees for which  services,  including,  but  not
limited  to,  filing false statement for collection of monies
for services not rendered from the medical assistance program
of the Department of Public Aid under the Public Aid Code  or
other private or public third party payor;
    24.  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;
    25.  Willfully making or filing false records or  reports
in  the  practice  of  podiatric medicine, including, but not
limited to, false  records  to  support  claims  against  the
medical  assistance  program  of the Department of Public Aid
under the Public Aid Code;
    26.  Mental illness or disability which  results  in  the
inability  to  practice  with  reasonable  judgment, skill or
safety;
    27.  Immoral  conduct  in  the  commission  or  any   act
including,   sexual   abuse,  sexual  misconduct,  or  sexual
exploitation, related to the licensee's practice;
    28.  Violation of the Health  Care  Worker  Self-Referral
Act.
    The  Department  may  refuse  to issue or may suspend 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.
    The Director of the Department may,  upon  receipt  of  a
written  communication  from the Secretary of Human Services,
the Director of Public Aid, or the Director of Public  Health
that continuation of practice of a person licensed under this
Act   constitutes   an   immediate   danger  to  the  public,
immediately suspend the license  of  such  person  without  a
hearing.   In  instances  in  which  the Director immediately
suspends a license under this Section, a  hearing  upon  such
person's license must be convened by the Board within 15 days
after  such  suspension  and  completed  without  appreciable
delay, such hearing held to determine whether to recommend to
the Director that the person's license be revoked, suspended,
placed  on  probationary status or reinstated, or such person
be subject to other disciplinary action.   In  such  hearing,
the  written  communication  and any other evidence submitted
therewith may be introduced as evidence against such  person;
provided,  however,  the person or his counsel shall have the
opportunity to discredit or impeach such evidence and  submit
evidence rebutting the same.
(Source: P.A.  86-596;  87-1207; 89-507, eff. 7-1-97; revised
1-3-97.)

    (225 ILCS 100/26) (from Ch. 111, par. 4826)
    Sec. 26.  Reports relating to  professional  conduct  and
capacity.   A.    Entities required to report.  The Podiatric
Medical  Licensing  Board  shall  by  rule  provide  for  the
reporting to  it  of  all  instances  in  which  a  podiatric
physician  licensed  under this Act who is impaired by reason
of  age,  drug  or  alcohol  abuse  or  physical  or   mental
impairment,  is  under supervision and, where appropriate, is
in a program of rehabilitation.  Reports  shall  be  strictly
confidential  and  may be reviewed and considered only by the
members  of  the  Board,  or  by  authorized  staff  of   the
Department as provided by the rules of the Board.  Provisions
shall  be  made  for the periodic report of the status of any
such podiatric physician not  less  than  twice  annually  in
order  that  the  Board  shall  have current information upon
which  to  determine  the  status  of  any   such   podiatric
physician.   Such  initial  and  periodic reports of impaired
physicians shall not be considered records within the meaning
of The State Records Act and shall be disposed of,  following
a  determination by the Board that such reports are no longer
required, in a manner and at such time  as  the  Board  shall
determine  by  rule.   The  filing  of  such reports shall be
construed as the filing of  a  report  for  the  purposes  of
subsection C of this Section.  Failure to file a report under
this Section shall be a Class A misdemeanor.
    1.  Health   Care  Institutions.   Any  administrator  or
officer of any hospital, nursing home or  other  health  care
agency  or  facility  who  has  knowledge  of  any  action or
condition which reasonably indicates to him that  a  licensed
podiatric physician practicing in such hospital, nursing home
or  other  health  care  agency  or  facility  is  habitually
intoxicated or addicted to the use of habit forming drugs, or
is  otherwise impaired, to the extent that such intoxication,
addition  or  impairment  adversely  affects  such  podiatric
physician's professional performance, or has  knowledge  that
reasonably  indicates  to  him  that  any podiatric physician
unlawfully   possesses,   uses,   distributes   or   converts
habit-forming drugs belonging to the hospital,  nursing  home
or  other  health  care agency or facility for such podiatric
physician's own use or benefit, shall promptly file a written
report thereof to the Department.  The report  shall  include
the  name of the podiatric physician, the name of the patient
or patients involved, if any, a brief summary of the  action,
condition  or  occurrence  which has necessitated the report,
and  any  other  information  as  the  Department  may   deem
necessary.   The Department shall provide forms on which such
reports shall be filed.
    2.  Professional Associations.  The  president  or  chief
executive  officer of any association or society of podiatric
physicians licensed under this  Act,  operating  within  this
State  shall  report  to  the  Board  when the association or
society  renders  a  final  determination  that  a  podiatric
physician  has  committed  unprofessional   conduct   related
directly to patient care or that a podiatric physician may be
mentally  or  physically  disabled  in  such  a  manner as to
endanger patients under that physician's care.
    3.  Professional  Liability  Insurers.   Every  insurance
company  which  offers  policies  of  professional  liability
insurance to persons licensed under this Act,  or  any  other
entity which seeks to indemnify the professional liability of
a  podiatric  physician licensed under this Act, shall report
to the Board the settlement of any claim or cause of  action,
or  final  judgment  rendered  in  any cause of action, which
alleged negligence in the furnishing of medical care by  such
licensed person when such settlement or final judgement is in
favor of the plaintiff.
    4.  State's  Attorneys.   The  State's  Attorney  of each
county shall report to the Board all  instances  in  which  a
person  licensed  under  this  Act  is convicted or otherwise
found guilty of the commission of any felony.
    5.  State Agencies.  All agencies,  boards,  commissions,
departments,  or other instrumentalities of the government of
the State of Illinois shall report to the Board any  instance
arising  in  connection  with  the operations of such agency,
including the administration of any law by  such  agency,  in
which  a  podiatric  physician  licensed  under  this Act has
either committed an act or acts which may be a  violation  of
this  Act  or  which  may  constitute  unprofessional conduct
related directly to patient care or which  indicates  that  a
podiatric  physician  licensed under this Act may be mentally
or physically disabled  in  such  a  manner  as  to  endanger
patients under that physician's care.
    B.  Mandatory  Reporting.   All  reports required by this
Act shall be submitted to the Board in a timely fashion.  The
reports shall be filed in writing  within  60  days  after  a
determination  that a report is required under this Act.  All
reports shall contain the following information:
    (1)  The name, address and telephone number of the person
making the report.
    (2)  The  name,  address  and  telephone  number  of  the
podiatric physician who is the subject of the report.
    (3)  The name or other means  of  identification  of  any
patient  or  patients  whose  treatment  is  a subject of the
report, provided, however, no medical records may be revealed
without the written consent of the patient or patients.
    (4)  A brief description of the facts which gave rise  to
the  issuance  of  the  report,  including  the  dates of any
occurrences deemed to necessitate the filing of the report.
    (5)  If court action is involved,  the  identity  of  the
court  in  which  the  action is filed, along with the docket
number and date of filing of the action.
    (6)  Any  further   pertinent   information   which   the
reporting  party  deems to be an aid in the evaluation of the
report.
    Nothing contained in this Section shall waive  or  modify
the  confidentiality of medical reports and committee reports
to the extent provided by law.  Any information  reported  or
disclosed  shall  be  kept  for  the  confidential use of the
Board, the Board's attorneys,  the  investigative  staff  and
other  authorized  Department staff, as provided in this Act,
and  shall  be  afforded  the  same  status  as  is  provided
information concerning medical studies in Part 21 of  Article
VIII of the Code of Civil Procedure.
    C.  Immunity   from   Prosecution.    Any  individual  or
organization acting in good faith, and not in a  willful  and
wanton  manner,  in  complying with this Act by providing any
report or other information to the Board, or assisting in the
investigation or  preparation  of  such  information,  or  by
participating in proceedings of the Board, or by serving as a
member  of the Board, shall not, as a result of such actions,
be subject to criminal prosecution or civil damages.
    D.  Indemnification.  Members of the Board,  the  Board's
attorneys,   the   investigative   staff,   other   podiatric
physicians  retained  under  contract to assist and advise in
the investigation,  and  other  authorized  Department  staff
shall  be  indemnified by the State for any actions occurring
within the scope of services on the Board, done in good faith
and not willful and wanton in nature.  The  Attorney  General
shall  defend  all  such  actions unless he determines either
that  he  would  have  a  conflict  of   interest   in   such
representation  or that the actions complained of were not in
good faith or were willful and wanton.
    Should the Attorney General decline  representation,  the
member  shall have the right to employ counsel of his choice,
whose fees shall be provided by the State, after approval  by
the  Attorney  General,  unless there is a determination by a
court that the member's actions were not  in  good  faith  or
were  wilful and wanton.  The member must notify the Attorney
General within 7 days of receipt of notice of the  initiation
of any action involving services of the Board.  Failure to so
notify  the  Attorney  General  shall  constitute an absolute
waiver of the right to a defense  and  indemnification.   The
Attorney   General   shall  determine  within  7  days  after
receiving such notice, whether he will undertake to represent
the member.
    E.  Deliberations of the Board.  Upon the receipt of  any
report  called  for  by this Act, other than those reports of
impaired persons licensed under this Act required pursuant to
the rules of the Board, the Board shall notify in writing, by
certified mail, the podiatric physician who is the subject of
the report.  Such notification shall be made within  30  days
of receipt by the Board of the report.
    The  notification  shall include a written notice setting
forth the podiatric physician's physicians's right to examine
the report.  Included  in  such  notification  shall  be  the
address  at  which  the  file  is maintained, the name of the
custodian of the reports, and the telephone number  at  which
the custodian may be reached.  The podiatric physician who is
the  subject  of  the  report  shall be permitted to submit a
written  statement  responding,  clarifying,  adding  to,  or
proposing the amending of the report previously  filed.   The
statement  shall become a permanent part of the file and must
be received by the Board no more than 30 days after the  date
on   which  the  podiatric  physician  was  notified  of  the
existence of the original report.
    The Board  shall  review  all  reports  received  by  it,
together  with  any  supporting  information  and  responding
statements  submitted  by  persons  who  are  the  subject of
reports.  The review by the Board shall be in a timely manner
but in no event, shall the  Board's  initial  review  of  the
material  contained in each disciplinary file be less than 61
days nor more than 180 days after the receipt of the  initial
report by the Board.
    When  the Board makes its initial review of the materials
contained within its disciplinary files the Board  shall,  in
writing,  make  a  determination  as  to  whether  there  are
sufficient  facts to warrant further investigation or action.
Failure to make such determination within the  time  provided
shall  be  deemed  to  be  a determination that there are not
sufficient facts to warrant further investigation or action.
    Should the Board find that there are not sufficient facts
to warrant further investigation, or action, the report shall
be accepted for filing and the matter shall be deemed  closed
and so reported.
    The  individual  or  entity filing the original report or
complaint and the podiatric physician who is the  subject  of
the  report  or complaint shall be notified in writing by the
Board of any final action on their report or complaint.
    F.  Summary Reports.  The Board shall prepare on a timely
basis, but in no event less than once every  other  month,  a
summary report of final actions taken upon disciplinary files
maintained  by  the Board.  The summary reports shall be sent
by  the  Board  to  such   institutions,   associations   and
individuals as the Director may determine.
    G.  Violation  of  this  Section.   Any violation of this
Section shall be a Class A misdemeanor.
    H.  Court ordered enforcement.   If  any  such  podiatric
physician  violates the provisions of this Section, an action
may be brought in the name of the  People  of  the  State  of
Illinois,  through  the  Attorney  General  of  the  State of
Illinois, for an order enjoining such  violation  or  for  an
order enforcing compliance with this Section.  Upon filing of
a  verified  petition  i