Public Act 90-0481 of the 90th General Assembly
Public Act 90-0481
SB106 Enrolled LRB9000653PTcw
AN ACT concerning governmental activities, amending named
Acts.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Counties Code is amended by changing
Sections 3-6036 and 5-1060 as follows:
(55 ILCS 5/3-6036) (from Ch. 34, par. 3-6036)
Sec. 3-6036. Powers and duties of Supervisor of Safety.
The Supervisor of Safety shall enforce all the laws of this
State and, within the municipalities in his county, the
ordinances of such municipalities relating to the regulation
of motor vehicle traffic and the promotion of safety on
public highways. The Supervisor of Safety shall advise the
county board as to contracts negotiated regulating traffic of
parking areas of schools, hospitals, commercial and
industrial facilities, shopping centers and apartment
complexes outside any municipality of said county, and shall
act as its representative and agent in connection with the
execution of such contracts. In those instances where
contracts are being negotiated between municipalities and
schools, hospitals, commercial and industrial facilities,
shopping centers and apartment complexes outside the
corporate limits, the Supervisor of Safety shall advise the
county board. All such contracts shall be negotiated in the
manner of section 11-209 of The Illinois Vehicle Code.
Subject to the approval of the county board, the Supervisor
of Safety may appoint assistants to aid him in carrying out
his duties. The Supervisor of Safety shall cooperate with the
State and Federal governments and agencies thereof in
programs designed to promote safety on highways.
The Supervisor of Safety in counties of less than
1,000,000 inhabitants may enter into cooperative contractual
agreements with school districts in his county, under which
the school district hires, compensates and is liable for one
or more school crossing guards, and the Supervisor of Safety,
as sheriff of the county, appoints any such guard as an
auxiliary deputy, in the manner and under the terms of
Sections 3-6001 through 3-6032.
This Section is not a prohibition upon the contractual
and associational powers granted by Article VII, Section 10
of the Illinois Constitution.
(Source: P.A. 86-962; 86-1475.)
(55 ILCS 5/5-1060) (from Ch. 34, par. 5-1060)
Sec. 5-1060. Contracts for regulation of traffic. A
county board may contract with school boards, hospitals,
commercial and industrial facilities, and owners of shopping
centers or apartment complexes for the purpose of regulating
traffic in their parking areas outside a municipality in
areas under the jurisdiction of the County Board in such
manner as is provided by Section 11-209 of The Illinois
Vehicle Code and as provided under Section 3-6036 of this
Code.
This Section is not a prohibition upon the contractual
and associational powers granted by Article VII, Section 10
of the Illinois Constitution.
(Source: P.A. 86-962; 86-1475.)
Section 10. The Township Code is amended by changing
Section 15-10 as follows:
(60 ILCS 1/15-10)
Sec. 15-10. Disconnection of territory from township;
annexation to adjacent township. Until the effective date of
this amendatory Act of 1997, whenever a township is organized
under this Article and any of the territory of the city not
more than one-half square mile in extent and containing not
more than 50 inhabitants is disconnected from the city, the
county board may, by resolution, upon receiving a certified
copy of the resolution or ordinance of the city disconnecting
the territory and after a public hearing on the matter
following notice given as provided in Section 15-5,
disconnect the territory from the township and annex it to an
adjacent township or townships.
Whenever a township is organized under this Article and
any of the territory of the city is, after the effective date
of this amendatory Act of 1997, disconnected from the city by
court order or ordinance, the territory shall automatically
be disconnected from the otherwise coterminous township and
connected to the adjacent township, and the transfer of the
territory shall not affect the city's status as a city with a
coterminous township. If disconnection is pursuant to court
order, the petitioning party in the cause shall, within 30
days of the entry of an order permitting disconnection, serve
a copy of the order upon the coterminous township, the
adjacent township, and the county clerk by certified mail,
return receipt requested, and shall file proof of the service
with the circuit clerk. Upon objection by either the
coterminous township or the adjacent township within 180 days
after the enactment of the ordinance or after service of the
court order, the county board may, after receiving a
certified copy of the court order or ordinance and after a
public hearing on the matter following notice given as
provided in Section 15-5, pass an ordinance annulling the
automatic disconnection of territory from the coterminous
township. The action by the county board shall not affect
the disconnection of territory from the city, but shall cause
the territory to remain in the coterminous township. The
annulling by the county board of the automatic disconnection
of territory from the coterminous township shall not affect
the city's status as a city with a coterminous township.
(Source: P.A. 86-1299; 87-1197; 88-62.)
Section 15. The Illinois Municipal Code is amended by
changing Sections 1-1-7, 7-1-47, 10-1-12, 10-2.1-6, and
10-2.1-14 as follows:
(65 ILCS 5/1-1-7) (from Ch. 24, par. 1-1-7)
Sec. 1-1-7. Power of municipality to contract with school
boards, hospitals, commercial and industrial facilities, and
owners of shopping centers or apartment complexes. The
corporate authorities of any municipality shall have the
power to contract with school boards, hospitals, commercial
and industrial facilities, and owners of shopping centers or
apartment complexes within and without the municipal limits
in such manner as is provided by Section 11-209 of "The
Illinois Vehicle Code", approved September 29, 1969, as
amended, and as provided under Section 2 of "An Act in
relation to the regulation of motor vehicle traffic and the
promotion of safety on public highways in counties", approved
August 9, 1951, as amended.
This amendatory Act of 1972 is not a prohibition upon the
contractual and associational powers granted by Article VII,
Section 10 of the Illinois Constitution.
(Source: P.A. 78-255.)
(65 ILCS 5/7-1-47) (from Ch. 24, par. 7-1-47)
Sec. 7-1-47. Automatic zoning classification. The
corporate authorities of any municipality may provide by
ordinance that when territory is annexed to such
municipality, the territory automatically is classified to
the highest restrictive zoning classification providing
principally for residential use under the annexing
municipality's zoning ordinance.
(Source: Laws 1965, p. 2178.)
(65 ILCS 5/10-1-12) (from Ch. 24, par. 10-1-12)
Sec. 10-1-12. Register; eligibility list. From the
returns or reports of the examiners, or from the examinations
made by the commission, the commission shall prepare a
register for each grade or class of positions in the
classified service of such municipality of the persons whose
general average standing upon examination for such grade or
class is not less than the minimum fixed by the rules of such
commission, and who are otherwise eligible. Such persons
shall take rank upon the register as candidates in the order
of their relative excellence as determined by examination,
without reference to priority of time of examination.
Within 60 days after each examination, an eligibility
list shall be posted by the Commission, which shall show the
final grades of the candidates without reference to priority
of time of examination and subject to claim for military
credit. Candidates who are eligible for military credit
shall make a claim in writing within 10 days after posting of
the eligibility list or such claim shall be deemed waived.
Appointment shall be subject to a final physical examination.
If a person is placed on an eligibility list and becomes
overage before he or she is appointed to a police or fire
department, the person remains eligible for appointment until
the list is abolished pursuant to authorized procedures.
Otherwise no person who has attained the age of 36 years
shall be inducted as a member of a police department and no
person who has attained the age of 35 years shall be inducted
as a member of a fire department, except as otherwise
provided in this division.
(Source: P.A. 89-52, eff. 6-30-95.)
(65 ILCS 5/10-2.1-6) (from Ch. 24, par. 10-2.1-6)
Sec. 10-2.1-6. Examination of applicants;
disqualifications.
(a) All applicants for a position in either the fire or
police department of the municipality shall be under 35 years
of age, shall be subject to an examination that shall be
public, competitive, and open to all applicants (unless the
council or board of trustees by ordinance limit applicants to
electors of the municipality, county, state or nation) and
shall be subject to reasonable limitations as to residence,
health, habits, and moral character. The municipality may
not charge or collect any fee from an applicant who has met
all prequalification standards established by the
municipality for any such position.
(b) Residency requirements in effect at the time an
individual enters the fire or police service of a
municipality (other than a municipality that has more than
1,000,000 inhabitants) cannot be made more restrictive for
that individual during his period of service for that
municipality, or be made a condition of promotion, except for
the rank or position of Fire or Police Chief.
(c) No person with a record of misdemeanor convictions
except those under Sections 11-6, 11-7, 11-9, 11-14, 11-15,
11-17, 11-18, 11-19, 12-2, 12-6, 12-15, 14-4, 16-1, 21.1-3,
24-3.1, 24-5, 25-1, 28-3, 31-1, 31-4, 31-6, 31-7, 32-1, 32-2,
32-3, 32-4, 32-8, and subsections (1), (6) and (8) of Section
24-1 of the Criminal Code of 1961 or arrested for any cause
but not convicted on that cause shall be disqualified from
taking the examination to qualify for a position in the fire
department on grounds of habits or moral character.
(d) The age limitation in subsection (a) does not apply
(i) to any person previously employed as a policeman or
fireman in a regularly constituted police or fire department
of (I) any municipality or (II) a fire protection district
whose obligations were assumed by a municipality under
Section 21 of the Fire Protection District Act, (ii) to any
person who has served a municipality as a regularly enrolled
volunteer fireman for 5 years immediately preceding the time
that municipality begins to use full time firemen to provide
all or part of its fire protection service, or (iii) to any
person who has served as an auxiliary policeman under Section
3.1-30-20 for at least 5 years and is under 40 years of age
(Blank).
(e) Applicants who are 20 years of age and who have
successfully completed 2 years of law enforcement studies at
an accredited college or university may be considered for
appointment to active duty with the police department. An
applicant described in this subsection (e) who is appointed
to active duty shall not have power of arrest, nor shall the
applicant be permitted to carry firearms, until he or she
reaches 21 years of age.
(f) Applicants who are 18 years of age and who have
successfully completed 2 years of study in fire techniques,
amounting to a total of 4 high school credits, within the
cadet program of a municipality may be considered for
appointment to active duty with the fire department of any
municipality.
(g) The council or board of trustees may by ordinance
provide that persons residing outside the municipality are
eligible to take the examination.
(h) The examinations shall be practical in character and
relate to those matters that will fairly test the capacity of
the persons examined to discharge the duties of the positions
to which they seek appointment. No person shall be appointed
to the police or fire department if he or she does not
possess a high school diploma or an equivalent high school
education. The examinations shall include tests of physical
qualifications and health. No person shall be appointed to
the police or fire department if he or she has suffered the
amputation of any limb unless the applicant's duties will be
only clerical or as a radio operator. No applicant shall be
examined concerning his or her political or religious
opinions or affiliations. The examinations shall be
conducted by the board of fire and police commissioners of
the municipality as provided in this Division 2.1.
(i) No person who is classified by his local selective
service draft board as a conscientious objector, or who has
ever been so classified, may be appointed to the police
department.
(j) No person shall be appointed to the police or fire
department unless he or she is a person of good character and
not an habitual drunkard, gambler, or a person who has been
convicted of a felony or a crime involving moral turpitude.
No person, however, shall be disqualified from appointment to
the fire department because of his or her record of
misdemeanor convictions except those under Sections 11-6,
11-7, 11-9, 11-14, 11-15, 11-17, 11-18, 11-19, 12-2, 12-6,
12-15, 14-4, 16-1, 21.1-3, 24-3.1, 24-5, 25-1, 28-3, 31-1,
31-4, 31-6, 31-7, 32-1, 32-2, 32-3, 32-4, 32-8, and
subsections (1), (6) and (8) of Section 24-1 of the Criminal
Code of 1961 or arrest for any cause without conviction on
that cause. Any such person who is in the department may be
removed on charges brought and after a trial as provided in
this Division 2.1.
(Source: P.A. 88-45; 89-52, eff. 6-30-95.)
(65 ILCS 5/10-2.1-14) (from Ch. 24, par. 10-2.1-14)
Sec. 10-2.1-14. Register of eligibles. The board of fire
and police commissioners shall prepare and keep a register of
persons whose general average standing, upon examination, is
not less than the minimum fixed by the rules of the board,
and who are otherwise eligible. These persons shall take
rank upon the register as candidates in the order of their
relative excellence as determined by examination, without
reference to priority of time of examination.
Within 60 days after each examination, an eligibility
list shall be posted by the board, which shall show the final
grades of the candidates without reference to priority of
time of examination and subject to claim for military credit.
Candidates who are eligible for military credit shall make a
claim in writing within 10 days after the posting of the
eligibility list or such claim shall be deemed waived.
Appointment shall be subject to a final physical examination.
If a person is placed on an eligibility list and becomes
overage before he or she is appointed to a police or fire
department, the person remains eligible for appointment until
the list is abolished pursuant to authorized procedures.
Otherwise no person who has attained the age of 36 years
shall be inducted as a member of a police department and no
person who has attained the age of 35 years shall be inducted
as a member of a fire department, except as otherwise
provided in this division.
(Source: P.A. 89-52, eff. 6-30-95.)
Section 20. The Fire Protection District Act is amended
by changing Section 16.06 as follows:
(70 ILCS 705/16.06) (from Ch. 127 1/2, par. 37.06)
Sec. 16.06. All applicants for a position in the fire
department of the fire protection district shall be under 35
years of age and shall be subjected to examination, which
shall be public, competitive, and free to all applicants,
subject to reasonable limitations as to health, habits, and
moral character; provided that the foregoing age limitation
shall not apply in the case of any person having previous
employment status as a fireman in a regularly constituted
fire department of any fire protection district, and further
provided that. each fireman or fire chief who is a member in
good standing in a regularly constituted fire department of
any municipality which shall be or shall have subsequently
been included within the boundaries of any fire protection
district now or hereafter organized shall be given a
preference for original appointment in the same class, grade
or employment over all other applicants. The examinations
shall be practical in their character and shall relate to
those matters which will fairly test the persons examined as
to their relative capacity to discharge the duties of the
positions to which they seek appointment. The examinations
shall include tests of physical qualifications and health.
No applicant, however, shall be examined concerning his
political or religious opinions or affiliations. The
examinations shall be conducted by the board of fire
commissioners.
(Source: P.A. 89-52, eff. 6-30-95.)
Section 23. The Cook County Forest Preserve District Act
is amended by adding Section 8.4 and changing Section 17 as
follows:
(70 ILCS 810/8.4 new)
Sec. 8.4. Building codes. The building codes of a
county, and not the building codes of any other unit of local
government in which the affected district property is
located, shall apply to all construction projects on property
owned by the district.
(70 ILCS 810/17) (from Ch. 96 1/2, par. 6420)
Sec. 17. Application of human resource ordinance.
Whenever the county in which any such forest preserve
district is located shall be governed by any county human
resource ordinance law regulating its civil service and the
method of selecting its employees, all employees of such
forest preserve district except the treasurer and attorneys
shall be selected in accordance with the human resource
ordinance the manner provided by the law regulating the civil
service in such county and all such employees shall be
subject at all times to the provisions of such ordinance act.
(Source: P.A. 80-320.)
Section 25. The Illinois Underground Utility Facilities
Damage Prevention Act is amended by adding Section 11.5 as
follows:
(220 ILCS 50/11.5 new)
Sec. 11.5. Limitation on liability.
(a) In joining the State-Wide One-Call Notice System, a
municipality's liability, under any membership agreement
rules and regulations, for the indemnification of (i) the
entity that is in charge of or managing the System or any
officer, agent, or employee of that entity or (ii) a member
of the System or any officer, agent, or employee of a member
of the System shall be limited to claims arising as a result
of the acts or omissions of the municipality or its officers,
agents, or employees or arising out of the operations of the
municipality's underground utility facilities.
(b) Subsection (a) shall not be construed to create any
additional liability for a municipality in relation to any
member of the System with which the municipality may have
entered into a franchise agreement. If a municipality's
liability for indemnification under a franchise agreement is
narrower than under this Section, the franchise agreement
controls.
Section 30. The Illinois Vehicle Code is amended by
changing Sections 6-306.5 and 11-209 as follows:
(625 ILCS 5/6-306.5) (from Ch. 95 1/2, par. 6-306.5)
Sec. 6-306.5. Failure to pay fine or penalty for
standing, parking, or compliance violations; suspension of
driving privileges.
(a) Upon receipt of a certified report, as prescribed by
subsection (c) of this Section, from any municipality stating
that the owner of a registered vehicle has failed to pay any
fine or penalty due and owing as a result of 10 or more
violations of a municipality's vehicular standing, and
parking, or compliance regulations established by ordinance
pursuant to Section 11-208.3 of this Code, the Secretary of
State shall suspend the driving privileges of such person in
accordance with the procedures set forth in this Section. The
Secretary shall also suspend the driving privileges of an
owner of a registered vehicle upon receipt of a certified
report, as prescribed by subsection (f) of this Section, from
any municipality stating that such person has failed to
satisfy any fines or penalties imposed by final judgments for
10 or more violations of local standing, and parking, or
compliance regulations after exhaustion of judicial review
procedures.
(b) Following receipt of the certified report of the
municipality as specified in this Section, the Secretary of
State shall notify the person whose name appears on the
certified report that the person's drivers license will be
suspended at the end of a specified period of time unless the
Secretary of State is presented with a notice from the
municipality certifying that the fine or penalty due and
owing the municipality has been paid or that inclusion of
that person's name on the certified report was in error. The
Secretary's notice shall state in substance the information
contained in the municipality's certified report to the
Secretary, and shall be effective as specified by subsection
(c) of Section 6-211 of this Code.
(c) The report of the appropriate municipal official
notifying the Secretary of State of unpaid fines or penalties
pursuant to this Section shall be certified and shall contain
the following:
(1) The name, last known address and drivers
license number of the person who failed to pay the fine
or penalty and the registration number of any vehicle
known to be registered to such person in this State.
(2) The name of the municipality making the report
pursuant to this Section.
(3) A statement that the municipality sent a notice
of impending drivers license suspension as prescribed by
ordinance enacted pursuant to Section 11-208.3, to the
person named in the report at the address recorded with
the Secretary of State; the date on which such notice was
sent; and the address to which such notice was sent. In a
municipality with a population of 1,000,000 or more, the
report shall also include a statement that the alleged
violator's State vehicle registration number and vehicle
make are correct as they appear on the citations.
(d) Any municipality making a certified report to the
Secretary of State pursuant to this Section shall notify the
Secretary of State, in a form prescribed by the Secretary,
whenever a person named in the certified report has paid the
previously reported fine or penalty or whenever the
municipality determines that the original report was in
error. A certified copy of such notification shall also be
given upon request and at no additional charge to the person
named therein. Upon receipt of the municipality's
notification or presentation of a certified copy of such
notification, the Secretary of State shall terminate the
suspension.
(e) Any municipality making a certified report to the
Secretary of State pursuant to this Section shall also by
ordinance establish procedures for persons to challenge the
accuracy of the certified report. The ordinance shall also
state the grounds for such a challenge, which may be limited
to (1) the person not having been the owner or lessee of the
vehicle or vehicles receiving 10 or more standing, parking,
or compliance violation notices on the date or dates such
notices were issued; and (2) the person having already paid
the fine or penalty for the 10 or more violations indicated
on the certified report.
(f) Any municipality, other than a municipality
establishing vehicular standing, and parking, and compliance
regulations pursuant to Section 11-208.3, may also cause a
suspension of a person's drivers license pursuant to this
Section. Such municipality may invoke this sanction by making
a certified report to the Secretary of State upon a person's
failure to satisfy any fine or penalty imposed by final
judgment for 10 or more violations of local standing, and
parking, or compliance regulations after exhaustion of
judicial review procedures, but only if:
(1) the municipality complies with the provisions
of this Section in all respects except in regard to
enacting an ordinance pursuant to Section 11-208.3;
(2) the municipality has sent a notice of impending
drivers license suspension as prescribed by an ordinance
enacted pursuant to subsection (g) of this Section; and
(3) in municipalities with a population of
1,000,000 or more, the municipality has verified that the
alleged violator's State vehicle registration number and
vehicle make are correct as they appear on the citations.
(g) Any municipality, other than a municipality
establishing standing, and parking, and compliance
regulations pursuant to Section 11-208.3, may provide by
ordinance for the sending of a notice of impending drivers
license suspension to the person who has failed to satisfy
any fine or penalty imposed by final judgment for 10 or more
violations of local standing, and parking, or compliance
regulations after exhaustion of judicial review procedures.
An ordinance so providing shall specify that the notice sent
to the person liable for any fine or penalty shall state that
failure to pay the fine or penalty owing within 45 days of
the notice's date will result in the municipality notifying
the Secretary of State that the person's drivers license is
eligible for suspension pursuant to this Section. The notice
of impending drivers license suspension shall be sent by
first class United States mail, postage prepaid, to the
address recorded with the Secretary of State.
(h) An administrative hearing to contest an impending
suspension or a suspension made pursuant to this Section may
be had upon filing a written request with the Secretary of
State. The filing fee for this hearing shall be $20, to be
paid at the time the request is made. A municipality which
files a certified report with the Secretary of State pursuant
to this Section shall reimburse the Secretary for all
reasonable costs incurred by the Secretary as a result of the
filing of the report, including but not limited to the costs
of providing the notice required pursuant to subsection (b)
and the costs incurred by the Secretary in any hearing
conducted with respect to the report pursuant to this
subsection and any appeal from such a hearing.
(i) The provisions of this Section shall apply on and
after January 1, 1988.
(j) For purposes of this Section, the term "compliance
violation" is defined as in Section 11-208.3.
(Source: P.A. 89-190, eff. 1-1-96.)
(625 ILCS 5/11-209) (from Ch. 95 1/2, par. 11-209)
Sec. 11-209. Powers of municipalities and counties -
Contract with school boards, hospitals, churches, condominium
complex unit owners' associations, and commercial and
industrial facility, shopping center, and apartment complex
owners for regulation of traffic.
(a) The corporate authorities of any municipality or the
county board of any county, and a school board, hospital,
church, condominium complex unit owners' association, or
owner of any commercial and industrial facility, shopping
center, or apartment complex which controls a parking area
located within the limits of the municipality, or outside the
limits of the municipality and within the boundaries of the
county, may, by contract, empower the municipality or county
to regulate the parking of automobiles and the traffic at
such parking area. Such contract shall empower the
municipality or county to accomplish all or any part of the
following:
1. The erection of stop signs, flashing signals,
person with disabilities parking area signs or yield
signs at specified locations in a parking area and the
adoption of appropriate regulations thereto pertaining,
or the designation of any intersection in the parking
area as a stop intersection or as a yield intersection
and the ordering of like signs or signals at one or more
entrances to such intersection, subject to the provisions
of this Chapter.
2. The prohibition or regulation of the turning of
vehicles or specified types of vehicles at intersections
or other designated locations in the parking area.
3. The regulation of a crossing of any roadway in
the parking area by pedestrians.
4. The designation of any separate roadway in the
parking area for one-way traffic.
5. The establishment and regulation of loading
zones.
6. The prohibition, regulation, restriction or
limitation of the stopping, standing or parking of
vehicles in specified areas of the parking area.
7. The designation of safety zones in the parking
area and fire lanes.
8. Providing for the removal and storage of
vehicles parked or abandoned in the parking area during
snowstorms, floods, fires, or other public emergencies,
or found unattended in the parking area, (a) where they
constitute an obstruction to traffic, or (b) where
stopping, standing or parking is prohibited, and for the
payment of reasonable charges for such removal and
storage by the owner or operator of any such vehicle.
9. Providing that the cost of planning,
installation, maintenance and enforcement of parking and
traffic regulations pursuant to any contract entered into
under the authority of this paragraph (a) of this Section
be borne by the municipality or county, or by the school
board, hospital, church, property owner, apartment
complex owner, or condominium complex unit owners'
association, or that a percentage of the cost be shared
by the parties to the contract.
10. Causing the installation of parking meters on
the parking area and establishing whether the expense of
installing said parking meters and maintenance thereof
shall be that of the municipality or county, or that of
the school board, hospital, church, condominium complex
unit owners' association, shopping center or apartment
complex owner. All moneys obtained from such parking
meters as may be installed on any parking area shall
belong to the municipality or county.
11. Causing the installation of parking signs in
accordance with Section 11-301 in areas of the parking
lots covered by this Section and where desired by the
person contracting with the appropriate authority listed
in paragraph (a) of this Section, indicating that such
parking spaces are reserved for persons with
disabilities.
12. Contracting for such additional reasonable
rules and regulations with respect to traffic and parking
in a parking area as local conditions may require for the
safety and convenience of the public or of the users of
the parking area.
(b) No contract entered into pursuant to this Section
shall exceed a period of 20 years. No lessee of a shopping
center or apartment complex shall enter into such a contract
for a longer period of time than the length of his lease.
(c) Any contract entered into pursuant to this Section
shall be recorded in the office of the recorder in the county
in which the parking area is located, and no regulation made
pursuant to the contract shall be effective or enforceable
until 3 days after the contract is so recorded.
(d) At such time as parking and traffic regulations have
been established at any parking area pursuant to the contract
as provided for in this Section, then it shall be a petty
offense for any person to do any act forbidden or to fail to
perform any act required by such parking or traffic
regulation. If the violation is the parking in a parking
space reserved for persons with disabilities under paragraph
(11) of this Section, by a person without special
registration plates issued to a person with disabilities, as
defined by Section 1-159.1, pursuant to Section 3-616 of this
Code, or to a disabled veteran pursuant to Section 3-609 of
this Code, the local police of the contracting corporate
municipal authorities shall issue a parking ticket to such
parking violator and issue a fine in accordance with Section
11-1301.3.
(e) The term "shopping center", as used in this Section,
means premises having one or more stores or business
establishments in connection with which there is provided on
privately-owned property near or contiguous thereto an area,
or areas, of land used by the public as the means of access
to and egress from the stores and business establishments on
such premises and for the parking of motor vehicles of
customers and patrons of such stores and business
establishments on such premises.
(f) The term "parking area", as used in this Section,
means an area, or areas, of land near or contiguous to a
school, church, or hospital building, shopping center,
apartment complex, or condominium complex, but not the public
highways or alleys, and used by the public as the means of
access to and egress from such buildings and the stores and
business establishments at a shopping center and for the
parking of motor vehicles.
(g) The terms "owner", "property owner", "shopping
center owner", and "apartment complex owner", as used in this
Section, mean the actual legal owner of the shopping center
parking area or apartment complex, the trust officer of a
banking institution having the right to manage and control
such property, or a person having the legal right, through
lease or otherwise, to manage or control the property.
(g-5) The term "condominium complex unit owners'
association", as used in this Section, means a "unit owners'
association" as defined in Section 2 of the Condominium
Property Act.
(h) The term "fire lane", as used in this Section, means
travel lanes for the fire fighting equipment upon which there
shall be no standing or parking of any motor vehicle at any
time so that fire fighting equipment can move freely thereon.
(i) The term "apartment complex", as used in this
Section, means premises having one or more apartments in
connection with which there is provided on privately-owned
property near or contiguous thereto an area, or areas, of
land used by occupants of such apartments or their guests as
a means of access to and egress from such apartments or for
the parking of motor vehicles of such occupants or their
guests.
(j) The term "condominium complex", as used in this
Section, means the units, common elements, and limited common
elements that are located on the parcels, as those terms are
defined in Section 2 of the Condominium Property Act.
(k) The term "commercial and industrial facility", as
used in this Section, means a premises containing one or more
commercial and industrial facility establishment in
connection with which there is provided on privately-owned
property near or contiguous to the premises an area or areas
of land used by the public as the means of access to and
egress from the commercial and industrial facility
establishment on the premises and for the parking of motor
vehicles of customers, patrons, and employees of the
commercial and industrial facility establishment on the
premises.
This amendatory Act of 1972 is not a prohibition upon the
contractual and associational powers granted by Article VII,
Section 10 of the Illinois Constitution.
(Source: P.A. 88-685, eff. 1-24-95; 89-551, eff. 1-1-97.)
Section 35. The Illinois Human Rights Act is amended by
changing Section 2-104 as follows:
(775 ILCS 5/2-104) (from Ch. 68, par. 2-104)
Sec. 2-104. Exemptions.
(A) Nothing contained in this Act shall prohibit an
employer, employment agency or labor organization from:
(1) Bona Fide Qualification. Hiring or selecting
between persons for bona fide occupational qualifications
or any reason except those civil-rights violations
specifically identified in this Article.
(2) Veterans. Giving preferential treatment to
veterans and their relatives as required by the laws or
regulations of the United States or this State or a unit
of local government.
(3) Unfavorable Discharge From Military Service.
Using unfavorable discharge from military service as a
valid employment criterion when authorized by federal law
or regulation or when a position of employment involves
the exercise of fiduciary responsibilities as defined by
rules and regulations which the Department shall adopt.
(4) Ability Tests. Giving or acting upon the
results of any professionally developed ability test
provided that such test, its administration, or action
upon the results, is not used as a subterfuge for or does
not have the effect of unlawful discrimination.
(5) Merit and Retirement Systems.
(a) Applying different standards of
compensation, or different terms, conditions or
privileges of employment pursuant to a merit or
retirement system provided that such system or its
administration is not used as a subterfuge for or
does not have the effect of unlawful discrimination.
(b) Effecting compulsory retirement of any
employee who has attained 65 years of age and who,
for the 2-year period immediately preceding
retirement, is employed in a bona fide executive or
a high policymaking position, if such employee is
entitled to an immediate nonforfeitable annual
retirement benefit from a pension, profit-sharing,
savings, or deferred compensation plan, or any
combination of such plans of the employer of such
employee, which equals, in the aggregate, at least
$44,000. If any such retirement benefit is in a
form other than a straight life annuity (with no
ancillary benefits) or if the employees contribute
to any such plan or make rollover contributions, the
retirement benefit shall be adjusted in accordance
with regulations prescribed by the Department, so
that the benefit is the equivalent of a straight
life annuity (with no ancillary benefits) under a
plan to which employees do not contribute and under
which no rollover contributions are made.
(c) Until January 1, 1994, effecting
compulsory retirement of any employee who has
attained 70 years of age, and who is serving under a
contract of unlimited tenure (or similar arrangement
providing for unlimited tenure) at an institution of
higher education as defined by Section 1201(a) of
the Higher Education Act of 1965.
(6) Training and Apprenticeship programs.
Establishing an educational requirement as a prerequisite
to selection for a training or apprenticeship program,
provided such requirement does not operate to
discriminate on the basis of any prohibited
classification except age.
(7) Police and Firefighter/Paramedic Retirement.
Imposing a mandatory retirement age for
firefighters/paramedics or law enforcement officers and
discharging or retiring such individuals pursuant to the
mandatory retirement age if such action is taken pursuant
to a bona fide retirement plan provided that if prior to
December 31, 1993, the law enforcement officer or
firefighter/paramedic has attained:
(a) the age of retirement in effect under
applicable State or local law on March 3, 1983; or
(b) if the applicable State or local law was
enacted after the date of enactment of the federal
Age Discrimination in Employment Act Amendments of
1996 (P.L. 104-208), the age of retirement in effect
on the date of such discharge under such law and if
such retirement action is taken pursuant to a bona
fide retirement plan.
This paragraph (7) shall not apply with respect to any
cause of action arising under the Illinois Human Rights Act
as in effect prior to the effective date of this amendatory
Act of 1997 December 3, 1987 (the effective date of Public
Act 85-949).
(8) Police and Firefighter/Paramedic Appointment.
Failing or refusing to hire or to discharge any
individual because of such individual's age if such
action is taken with respect to the employment of an
individual as a firefighter/paramedic or as a law
enforcement officer and the individual has attained:
(a) the age of hiring or appointment
retirement in effect under applicable State or local
law, which provides a maximum age hiring limitation
or for mandatory retirement, in effect on or before
March 3, 1983; or
(b) the age of hiring in effect on the date of
such failure or refusal to hire under applicable
State or local law enacted after the date of
enactment of the federal Age Discrimination in
Employment Act Amendments of 1996 (P.L. 104-208).
As used in this paragraph (7) or (8):
(a) "Firefighter/paramedic" means an employee, the
duties of whose position are primarily to perform work
directly connected with the control and extinguishment of
fires or the maintenance and use of firefighting
apparatus and equipment, or to provide emergency medical
services, including an employee engaged in this activity
who is transferred to a supervisory or administrative
position.
(b) "Law enforcement officer" means an employee,
the duties of whose position are primarily the
investigation, apprehension, or detention of individuals
suspected or convicted of criminal offenses, including an
employee engaged in this activity who is transferred to a
supervisory or administrative position.
The provisions of this paragraph (8) shall remain in
effect until December 31, 1993 or until similar
provisions in Section 4 of the federal Age Discrimination
in Employment Act of 1967 (29 U.S. Code 623) are deleted
or repealed, whichever is later.
(9) Citizenship Status. Making legitimate
distinctions based on citizenship status if specifically
authorized or required by State or federal law.
(B) With respect to any employee who is subject to a
collective bargaining agreement:
(a) which is in effect on June 30, 1986,
(b) which terminates after January 1, 1987,
(c) any provision of which was entered into by a
labor organization as defined by Section 6(d)(4) of the
Fair Labor Standards Act of 1938 (29 U.S.C. 206(d)(4)),
and
(d) which contains any provision that would be
superseded by this amendatory Act of 1987 (Public Act
85-748),
such amendatory Act of 1987 shall not apply until the
termination of such collective bargaining agreement or
January 1, 1990, whichever occurs first.
(C)(1) For purposes of this Act, the term "handicap"
shall not include any employee or applicant who is currently
engaging in the illegal use of drugs, when an employer acts
on the basis of such use.
(2) Paragraph (1) shall not apply where an employee or
applicant for employment:
(a) has successfully completed a supervised drug
rehabilitation program and is no longer engaging in the
illegal use of drugs, or has otherwise been rehabilitated
successfully and is no longer engaging in such use;
(b) is participating in a supervised rehabilitation
program and is no longer engaging in such use; or
(c) is erroneously regarded as engaging in such
use, but is not engaging in such use.
It shall not be a violation of this Act for an employer
to adopt or administer reasonable policies or procedures,
including but not limited to drug testing, designed to ensure
that an individual described in subparagraph (a) or (b) is no
longer engaging in the illegal use of drugs.
(3) An employer:
(a) may prohibit the illegal use of drugs and the
use of alcohol at the workplace by all employees;
(b) may require that employees shall not be under
the influence of alcohol or be engaging in the illegal
use of drugs at the workplace;
(c) may require that employees behave in
conformance with the requirements established under the
federal Drug-Free Workplace Act of 1988 (11 U.S.C. 701 et
seq.) and the Drug Free Workplace Act;
(d) may hold an employee who engages in the illegal
use of drugs or who is an alcoholic to the same
qualification standards for employment or job performance
and behavior that such employer holds other employees,
even if any unsatisfactory performance or behavior is
related to the drug use or alcoholism of such employee;
and
(e) may, with respect to federal regulations
regarding alcohol and the illegal use of drugs, require
that:
(i) employees comply with the standards
established in such regulations of the United States
Department of Defense, if the employees of the
employer are employed in an industry subject to such
regulations, including complying with regulations
(if any) that apply to employment in sensitive
positions in such an industry, in the case of
employees of the employer who are employed in such
positions (as defined in the regulations of the
Department of Defense);
(ii) employees comply with the standards
established in such regulations of the Nuclear
Regulatory Commission, if the employees of the
employer are employed in an industry subject to such
regulations, including complying with regulations
(if any) that apply to employment in sensitive
positions in such an industry, in the case of
employees of the employer who are employed in such
positions (as defined in the regulations of the
Nuclear Regulatory Commission); and
(iii) employees comply with the standards
established in such regulations of the United States
Department of Transportation, if the employees of
the employer are employed in a transportation
industry subject to such regulations, including
complying with such regulations (if any) that apply
to employment in sensitive positions in such an
industry, in the case of employees of the employer
who are employed in such positions (as defined in
the regulations of the United States Department of
Transportation).
(4) For purposes of this Act, a test to determine the
illegal use of drugs shall not be considered a medical
examination. Nothing in this Act shall be construed to
encourage, prohibit, or authorize the conducting of drug
testing for the illegal use of drugs by job applicants or
employees or making employment decisions based on such test
results.
(5) Nothing in this Act shall be construed to encourage,
prohibit, restrict, or authorize the otherwise lawful
exercise by an employer subject to the jurisdiction of the
United States Department of Transportation of authority to:
(a) test employees of such employer in, and
applicants for, positions involving safety-sensitive
duties for the illegal use of drugs and for on-duty
impairment by alcohol; and
(b) remove such persons who test positive for
illegal use of drugs and on-duty impairment by alcohol
pursuant to subparagraph (a) from safety-sensitive duties
in implementing paragraph (3).
(Source: P.A. 87-348; 87-579; 87-895; 88-180.)
Section 99. Effective date. This Act takes effect upon
becoming law.