Public Act 90-0655 of the 90th General Assembly

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Public Act 90-0655

HB1268 Enrolled                                LRB9000999EGfg

    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:

    Section 1.  Nature of this Act.
    (a)  This  Act  may  be  cited  as the First 1998 General
Revisory Act.
    (b)  This Act is not intended  to  make  any  substantive
change  in the law.  It reconciles conflicts that have arisen
from multiple amendments and enactments and  makes  technical
corrections and revisions in the law.
    This   Act  revises  and,  where  appropriate,  renumbers
certain Sections that have been added or amended by more than
one Public Act.  In certain cases in which a repealed Act  or
Section  has  been  replaced  with  a successor law, this Act
incorporates amendments to the repealed Act or  Section  into
the  successor  law.   This Act also corrects errors, revises
cross-references, and deletes obsolete text.
    (c)  In this Act,  the  reference  at  the  end  of  each
amended  Section indicates the sources in the Session Laws of
Illinois that were used in the preparation  of  the  text  of
that  Section.   The text of the Section included in this Act
is intended to include the different versions of the  Section
found in the Public Acts included in the list of sources, but
may  not include other versions of the Section to be found in
Public Acts not included in the list of sources.  The list of
sources is not a part of the text of the Section.
    (d)  Public Acts 89-708 through 90-566 were considered in
the preparation of the combining revisories included in  this
Act.   Many of those combining revisories contain no striking
or underscoring because no additional changes are being  made
in the material that is being combined.
    (5 ILCS 80/4.9 rep.)
    Section  5.   Section 4.9 of the Regulatory Agency Sunset
Act is repealed.

    Section 6.  The Regulatory Agency Sunset Act  is  amended
by changing Section 4.18 as follows:

    (5 ILCS 80/4.18)
    Sec.  4.18.  Acts  Act  repealed  January  1,  2008.  The
following Acts are Act is repealed on January 1, 2008:
    The Acupuncture Practice Act.
    The Clinical Social Work and Social Work Practice Act.
    The Home Medical Equipment and Services Provider  License
Act.
    The Illinois Nursing Act of 1987.
    The  Illinois  Speech-Language  Pathology  and  Audiology
Practice Act.
    The Marriage and Family Therapy Licensing Act.
    The    Nursing    Home   Administrators   Licensing   and
Disciplinary Act.
    The Pharmacy Practice Act of 1987.
    The Physician Assistant Practice Act of 1987.
    The Podiatric Medical Practice Act of 1987.
(Source: P.A. 89-706, eff.  1-31-97;  90-61,  eff.  12-30-97;
90-69,   eff.   7-8-97;  90-76,  eff.  7-8-97;  90-150,  eff.
12-30-97; 90-248, eff. 1-1-98; 90-532, eff. 11-14-97; revised
12-30-97.)

    Section 7.  The Illinois Administrative Procedure Act  is
amended by changing Section 1-5 as follows:

    (5 ILCS 100/1-5) (from Ch. 127, par. 1001-5)
    Sec. 1-5.  Applicability.
    (a)  This  Act applies to every agency as defined in this
Act. Beginning January 1, 1978, in case of  conflict  between
the provisions of this Act and the Act creating or conferring
power  on an agency, this Act shall control.  If, however, an
agency (or its predecessor in the case of an agency that  has
been  consolidated or reorganized) has existing procedures on
July 1, 1977, specifically for contested cases or  licensing,
those existing provisions control, except that this exception
respecting  contested  cases  and licensing does not apply if
the Act creating or conferring power on the agency adopts  by
express  reference the provisions of this Act.  Where the Act
creating  or  conferring  power  on  an  agency   establishes
administrative  procedures  not  covered  by  this Act, those
procedures shall remain in effect.
    (b)  The provisions of this  Act  do  not  apply  to  (i)
preliminary  hearings,  investigations, or practices where no
final determinations affecting State funding are made by  the
State  Board  of  Education, (ii) legal opinions issued under
Section 2-3.7 of the School Code, (iii) as to State  colleges
and    universities,   their   disciplinary   and   grievance
proceedings, academic  irregularity  and  capricious  grading
proceedings, and admission standards and procedures, and (iv)
the   class   specifications  for  positions  and  individual
position  descriptions  prepared  and  maintained  under  the
Personnel Code.  Those class specifications  shall,  however,
be made reasonably available to the public for inspection and
copying.  The provisions of this Act do not apply to hearings
under  Section  20  of  the  Uniform Disposition of Unclaimed
Property Act.
    (c)  Section 5-35 of this Act relating to procedures  for
rulemaking does not apply to the following:
         (1)  Rules  adopted  by  the Pollution Control Board
    that, in accordance with Section 7.2 of the Environmental
    Protection Act, are identical  in  substance  to  federal
    regulations    or   amendments   to   those   regulations
    implementing the following: Sections  3001,  3002,  3003,
    3004,  3005,  and  9003  of the Solid Waste Disposal Act;
    Section 105 of the Comprehensive Environmental  Response,
    Compensation, and Liability Act of 1980; Sections 307(b),
    307(c),  307(d),  402(b)(8), and 402(b)(9) of the Federal
    Water  Pollution  Control  Act;  and  Sections   1412(b),
    1414(c),  1417(a), 1421, and 1445(a) of the Safe Drinking
    Water Act.
         (2)  Rules adopted by the  Pollution  Control  Board
    that  establish  or  amend  standards for the emission of
    hydrocarbons and carbon monoxide  from  gasoline  powered
    motor   vehicles  subject  to  inspection  under  Section
    13A-105 of the Vehicle Emissions Inspection Law and rules
    adopted under Section 13B-20  of  the  Vehicle  Emissions
    Inspection Law of 1995.
         (3)  Procedural   rules  adopted  by  the  Pollution
    Control Board governing  requests  for  exceptions  under
    Section 14.2 of the Environmental Protection Act.
         (4)  The  Pollution  Control Board's grant, pursuant
    to an adjudicatory determination, of an adjusted standard
    for persons who can justify an adjustment consistent with
    subsection  (a)  of  Section  27  of  the   Environmental
    Protection Act.
         (5)  Rules  adopted  by  the Pollution Control Board
    that  are  identical  in  substance  to  the  regulations
    adopted by the Office of the  State  Fire  Marshal  under
    clause (ii) of paragraph (b) of subsection (3) of Section
    2 of the Gasoline Storage Act.
    (d)  Pay  rates  established  under  Section  8a  of  the
Personnel  Code  shall be amended or repealed pursuant to the
process set forth in Section 5-50 within  30  days  after  it
becomes  necessary  to  do  so  due to a conflict between the
rates and the terms  of  a  collective  bargaining  agreement
covering  the  compensation  of  an  employee subject to that
Code.
    (e)  Section 10-45 of this Act shall  not  apply  to  any
hearing, proceeding, or investigation conducted under Section
13-515 of the Public Utilities Act.
(Source:  P.A.  90-9,  eff.  7-1-97;  90-185,  eff.  7-23-97;
revised 10-24-97.)

    Section  8.  The Freedom of Information Act is amended by
changing Section 7 as follows:

    (5 ILCS 140/7) (from Ch. 116, par. 207)
    Sec. 7.  Exemptions.
    (1)  The following shall be exempt  from  inspection  and
copying:
         (a)  Information    specifically   prohibited   from
    disclosure  by  federal  or  State  law  or   rules   and
    regulations adopted under federal or State law.
         (b)  Information    that,    if   disclosed,   would
    constitute a clearly  unwarranted  invasion  of  personal
    privacy, unless the disclosure is consented to in writing
    by  the  individual  subjects  of  the  information.  The
    disclosure of information that bears on the public duties
    of public employees and officials shall not be considered
    an invasion of personal  privacy.   Information  exempted
    under  this  subsection  (b)  shall  include  but  is not
    limited to:
              (i)  files and personal information  maintained
         with   respect   to  clients,  patients,  residents,
         students  or  other  individuals  receiving  social,
         medical,   educational,    vocational,    financial,
         supervisory  or  custodial care or services directly
         or  indirectly  from  federal  agencies  or   public
         bodies;
              (ii)  personnel  files and personal information
         maintained with respect to employees, appointees  or
         elected  officials  of any public body or applicants
         for those positions;
              (iii)  files    and    personal     information
         maintained with respect to any applicant, registrant
         or  licensee  by any public body cooperating with or
         engaged    in    professional    or     occupational
         registration, licensure or discipline;
              (iv)  information  required  of any taxpayer in
         connection with the assessment or collection of  any
         tax unless disclosure is otherwise required by State
         statute; and
              (v)  information   revealing  the  identity  of
         persons  who  file  complaints   with   or   provide
         information  to  administrative,  investigative, law
         enforcement or penal  agencies;  provided,  however,
         that   identification   of   witnesses   to  traffic
         accidents,  traffic  accident  reports,  and  rescue
         reports  may  be  provided  by  agencies  of   local
         government,  except  in  a case for which a criminal
         investigation is  ongoing,  without  constituting  a
         clearly  unwarranted   per  se  invasion of personal
         privacy under this subsection.
         (c)  Records  compiled  by  any  public   body   for
    administrative   enforcement   proceedings  and  any  law
    enforcement or correctional agency  for  law  enforcement
    purposes  or  for  internal matters of a public body, but
    only to the extent that disclosure would:
              (i)  interfere with  pending  or  actually  and
         reasonably  contemplated law enforcement proceedings
         conducted by any  law  enforcement  or  correctional
         agency;
              (ii)  interfere   with  pending  administrative
         enforcement  proceedings  conducted  by  any  public
         body;
              (iii)  deprive a person of a fair trial  or  an
         impartial hearing;
              (iv)  unavoidably  disclose  the  identity of a
         confidential  source  or  confidential   information
         furnished only by the confidential source;
              (v)  disclose     unique     or     specialized
         investigative  techniques other than those generally
         used and known or  disclose  internal  documents  of
         correctional    agencies   related   to   detection,
         observation or investigation of incidents  of  crime
         or misconduct;
              (vi)  constitute   an   invasion   of  personal
         privacy under subsection (b) of this Section;
              (vii)  endanger the life or physical safety  of
         law enforcement personnel or any other person; or
              (viii)  obstruct     an     ongoing    criminal
         investigation.
         (d)  Criminal history record information  maintained
    by  State  or local criminal justice agencies, except the
    following which shall be open for public  inspection  and
    copying:
              (i)  chronologically      maintained     arrest
         information, such  as  traditional  arrest  logs  or
         blotters;
              (ii)  the  name of a person in the custody of a
         law enforcement agency and  the  charges  for  which
         that person is being held;
              (iii)  court records that are public;
              (iv)  records   that  are  otherwise  available
         under State or local law; or
              (v)  records in which the requesting  party  is
         the  individual identified, except as provided under
         part (vii) of paragraph (c)  of  subsection  (1)  of
         this Section.
         "Criminal  history  record  information"  means data
    identifiable  to  an   individual   and   consisting   of
    descriptions   or   notations   of  arrests,  detentions,
    indictments, informations, pre-trial proceedings, trials,
    or other formal events in the criminal justice system  or
    descriptions  or notations of criminal charges (including
    criminal violations of local  municipal  ordinances)  and
    the   nature   of   any  disposition  arising  therefrom,
    including sentencing, court or correctional  supervision,
    rehabilitation  and  release.  The term does not apply to
    statistical records and reports in which individuals  are
    not  identified  and  from which their identities are not
    ascertainable, or to information  that  is  for  criminal
    investigative or intelligence purposes.
         (e)  Records  that  relate to or affect the security
    of correctional institutions and detention facilities.
         (f)  Preliminary  drafts,  notes,   recommendations,
    memoranda   and  other  records  in  which  opinions  are
    expressed, or policies or actions are formulated,  except
    that  a  specific  record or relevant portion of a record
    shall not be exempt when the record is publicly cited and
    identified by the head of the public body. The  exemption
    provided  in  this  paragraph  (f)  extends  to all those
    records of officers and agencies of the General  Assembly
    that pertain to the preparation of legislative documents.
         (g)  Trade   secrets  and  commercial  or  financial
    information obtained from a person or business where  the
    trade  secrets or information are proprietary, privileged
    or confidential, or where disclosure of the trade secrets
    or information may cause competitive harm, including  all
    information  determined  to be confidential under Section
    4002 of the Technology Advancement and  Development  Act.
    Nothing   contained   in  this  paragraph  (g)  shall  be
    construed to prevent a person or business from consenting
    to disclosure.
         (h)  Proposals and bids for any contract, grant,  or
    agreement,   including   information  which  if  it  were
    disclosed  would  frustrate  procurement   or   give   an
    advantage  to  any  person  proposing  to  enter  into  a
    contractor  agreement  with  the  body, until an award or
    final selection is made.  Information prepared by or  for
    the  body  in  preparation of a bid solicitation shall be
    exempt until an award or final selection is made.
         (i)  Valuable  formulae,   designs,   drawings   and
    research  data  obtained  or  produced by any public body
    when disclosure could reasonably be expected  to  produce
    private gain or public loss.
         (j)  Test   questions,   scoring   keys   and  other
    examination  data  used   to   administer   an   academic
    examination   or  determined  the  qualifications  of  an
    applicant for a license or employment.
         (k)  Architects'  plans  and  engineers'   technical
    submissions  for projects not constructed or developed in
    whole or in part  with  public  funds  and  for  projects
    constructed or developed with public funds, to the extent
    that disclosure would compromise security.
         (l)  Library    circulation    and   order   records
    identifying library users with specific materials.
         (m)  Minutes of meetings of public bodies closed  to
    the public as provided in the Open Meetings Act until the
    public  body  makes  the  minutes available to the public
    under Section 2.06 of the Open Meetings Act.
         (n)  Communications between a  public  body  and  an
    attorney  or  auditor  representing  the public body that
    would not be subject  to  discovery  in  litigation,  and
    materials prepared or compiled by or for a public body in
    anticipation  of  a  criminal,  civil  or  administrative
    proceeding  upon  the request of an attorney advising the
    public body, and  materials  prepared  or  compiled  with
    respect to internal audits of public bodies.
         (o)  Information  received by a primary or secondary
    school, college or university under  its  procedures  for
    the  evaluation  of  faculty  members  by  their academic
    peers.
         (p)  Administrative   or    technical    information
    associated  with  automated  data  processing operations,
    including  but  not  limited   to   software,   operating
    protocols,  computer  program  abstracts,  file  layouts,
    source  listings,  object  modules,  load  modules,  user
    guides,  documentation  pertaining  to  all  logical  and
    physical   design   of   computerized  systems,  employee
    manuals, and any other information  that,  if  disclosed,
    would  jeopardize  the security of the system or its data
    or the security of materials exempt under this Section.
         (q)  Documents or materials relating  to  collective
    negotiating  matters  between  public  bodies  and  their
    employees  or  representatives,  except  that  any  final
    contract  or agreement shall be subject to inspection and
    copying.
         (r)  Drafts, notes,  recommendations  and  memoranda
    pertaining to the financing and marketing transactions of
    the  public body. The records of ownership, registration,
    transfer, and exchange of municipal debt obligations, and
    of  persons  to  whom  payment  with  respect  to   these
    obligations is made.
         (s)  The records, documents and information relating
    to   real   estate   purchase  negotiations  until  those
    negotiations have been completed or otherwise terminated.
    With regard to a parcel involved in a pending or actually
    and reasonably  contemplated  eminent  domain  proceeding
    under  Article  VII  of  the  Code  of  Civil  Procedure,
    records,  documents  and  information  relating  to  that
    parcel  shall  be  exempt  except as may be allowed under
    discovery rules adopted by the  Illinois  Supreme  Court.
    The records, documents and information relating to a real
    estate sale shall be exempt until a sale is consummated.
         (t)  Any and all proprietary information and records
    related  to  the  operation  of an intergovernmental risk
    management association or self-insurance pool or  jointly
    self-administered  health  and  accident  cooperative  or
    pool.
         (u)  Information     concerning    a    university's
    adjudication  of  student  or   employee   grievance   or
    disciplinary  cases,  to the extent that disclosure would
    reveal the  identity  of  the  student  or  employee  and
    information  concerning any public body's adjudication of
    student or employee  grievances  or  disciplinary  cases,
    except for the final outcome of the cases.
         (v)  Course  materials or research materials used by
    faculty members.
         (w)  Information  related  solely  to  the  internal
    personnel rules and practices of a public body.
         (x)  Information  contained   in   or   related   to
    examination, operating, or condition reports prepared by,
    on behalf of, or for the use of a public body responsible
    for   the   regulation   or   supervision   of  financial
    institutions or insurance companies, unless disclosure is
    otherwise required by State law.
         (y)  Information  the   disclosure   of   which   is
    restricted  under  Section  5-108 of the Public Utilities
    Act.
         (z)  Manuals or instruction to staff that relate  to
    establishment  or  collection  of liability for any State
    tax or that relate to investigations by a public body  to
    determine violation of any criminal law.
         (aa)  Applications,  related  documents, and medical
    records    received    by    the    Experimental    Organ
    Transplantation  Procedures  Board  and   any   and   all
    documents  or  other records prepared by the Experimental
    Organ  Transplantation  Procedures  Board  or  its  staff
    relating to applications it has received.
         (bb)  Insurance or  self  insurance  (including  any
    intergovernmental  risk  management  association  or self
    insurance  pool)  claims,   loss   or   risk   management
    information, records, data, advice or communications.
         (cc)  Information and records held by the Department
    of  Public  Health  and  its  authorized  representatives
    relating   to   known  or  suspected  cases  of  sexually
    transmissible disease or any information  the  disclosure
    of  which  is  restricted  under  the  Illinois  Sexually
    Transmissible Disease Control Act.
         (dd)  Information   the   disclosure   of  which  is
    exempted under Section 30 of the Radon Industry Licensing
    Act.
         (ee)  Firm performance evaluations under Section  55
    of  the  Architectural,  Engineering,  and Land Surveying
    Qualifications Based Selection Act.
         (ff)  Security portions  of  system  safety  program
    plans,  investigation reports, surveys, schedules, lists,
    data, or information compiled, collected, or prepared  by
    or   for  the  Regional  Transportation  Authority  under
    Section 2.11 of the Regional Transportation Authority Act
    or the State  of  Missouri  under  the  Bi-State  Transit
    Safety Act.
         (gg)  (ff)  Information  the  disclosure of which is
    restricted and exempted under Section 50 of the  Illinois
    Prepaid Tuition Act.
    (2)  This  Section  does  not  authorize  withholding  of
information  or  limit  the  availability  of  records to the
public,  except  as  stated  in  this  Section  or  otherwise
provided in this Act.
(Source: P.A. 90-262, eff.  7-30-97;  90-273,  eff.  7-30-97;
90-546, eff. 12-1-97; revised 12-24-97.)

    Section  9.   The  Illinois Public Labor Relations Act is
amended by changing Sections 3 and 14 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 than 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; 90-14, eff. 7-1-97; revised 12-18-97.)

    (5 ILCS 315/14) (from Ch. 48, par. 1614)
    Sec.  14.  Security  Employee,  Peace  Officer  and  Fire
Fighter Disputes.
    (a)  In  the  case  of  collective  bargaining agreements
involving units of security employees of a  public  employer,
Peace Officer Units, or units of fire fighters or paramedics,
and  in  the  case  of  disputes under Section 18, unless the
parties mutually agree to some other  time  limit,  mediation
shall  commence  30 days prior to the expiration date of such
agreement or at such later time  as  the  mediation  services
chosen  under subsection (b) of Section 12 can be provided to
the parties. In the  case  of  negotiations  for  an  initial
collective  bargaining  agreement,  mediation  shall commence
upon 15 days notice from either party or at such  later  time
as  the  mediation services chosen pursuant to subsection (b)
of Section 12 can be provided to the  parties.  In  mediation
under  this  Section,  if  either  party  requests the use of
mediation   services   from   the   Federal   Mediation   and
Conciliation Service, the other party shall  either  join  in
such  request  or  bear  the  additional  cost  of  mediation
services from another source.  The mediator shall have a duty
to  keep the Board informed on the progress of the mediation.
If any dispute has not been resolved within 15 days after the
first meeting of the parties and the mediator, or within such
other time limit as  may  be  mutually  agreed  upon  by  the
parties,  either the exclusive representative or employer may
request of the other,  in  writing,  arbitration,  and  shall
submit a copy of the request to the Board.
    (b)  Within  10 days after such a request for arbitration
has been made, the employer shall choose a delegate  and  the
employees'  exclusive  representative shall choose a delegate
to a panel of arbitration as provided in this  Section.   The
employer  and  employees shall forthwith advise the other and
the Board of their selections.
    (c)  Within 7 days of the request of  either  party,  the
Board  shall select from the Public Employees Labor Mediation
Roster 7 persons who are on the labor arbitration  panels  of
either  the  American  Arbitration Association or the Federal
Mediation and Conciliation Service, or who are members of the
National Academy of Arbitrators, as  nominees  for  impartial
arbitrator  of the arbitration panel.  The parties may select
an individual on the list provided by the Board or any  other
individual  mutually  agreed  upon  by the parties.  Within 7
days following the receipt of the  list,  the  parties  shall
notify  the  Board  of the person they have selected.  Unless
the parties agree on an alternate selection  procedure,  they
shall alternatively strike one name from the list provided by
the  Board  until  only  one name remains.  A coin toss shall
determine which party shall strike the first  name.   If  the
parties  fail to notify the Board in a timely manner of their
selection for neutral chairman, the  Board  shall  appoint  a
neutral   chairman   from   the   Illinois  Public  Employees
Mediation/Arbitration Roster.
    (d)  The chairman shall call a hearing to begin within 15
days and give reasonable notice of the time and place of  the
hearing.   The  hearing  shall  be held at the offices of the
Board  or  at  such  other  location  as  the   Board   deems
appropriate.  The chairman shall preside over the hearing and
shall  take  testimony.  Any oral or documentary evidence and
other data deemed relevant by the arbitration  panel  may  be
received  in  evidence.   The  proceedings shall be informal.
Technical  rules  of  evidence  shall  not  apply   and   the
competency  of  the  evidence  shall  not  thereby  be deemed
impaired.  A verbatim record of the proceedings shall be made
and the arbitrator shall arrange for the necessary  recording
service.   Transcripts  may  be ordered at the expense of the
party  ordering  them,  but  the  transcripts  shall  not  be
necessary for a  decision  by  the  arbitration  panel.   The
expense of the proceedings, including a fee for the chairman,
established  in  advance by the Board, shall be borne equally
by each of the parties to the dispute.    The  delegates,  if
public  officers  or employees, shall continue on the payroll
of the public employer without  loss  of  pay.   The  hearing
conducted by the arbitration panel may be adjourned from time
to time, but unless otherwise agreed by the parties, shall be
concluded  within  30  days  of the time of its commencement.
Majority actions and rulings shall constitute the actions and
rulings of the arbitration  panel.   Arbitration  proceedings
under  this Section shall not be interrupted or terminated by
reason of any unfair labor practice charge  filed  by  either
party at any time.
    (e)  The  arbitration panel may administer oaths, require
the attendance of  witnesses,  and  the  production  of  such
books,  papers, contracts, agreements and documents as may be
deemed by it material to a just determination of  the  issues
in dispute, and for such purpose may issue subpoenas.  If any
person  refuses to obey a subpoena, or refuses to be sworn or
to testify, or if any witness, party or attorney is guilty of
any  contempt  while  in  attendance  at  any  hearing,   the
arbitration  panel  may, or the attorney general if requested
shall, invoke  the  aid  of  any  circuit  court  within  the
jurisdiction  in which the hearing is being held, which court
shall issue an appropriate order.  Any failure  to  obey  the
order may be punished by the court as contempt.
    (f)  At  any  time  before the rendering of an award, the
chairman of the arbitration panel, if he is  of  the  opinion
that  it  would  be useful or beneficial to do so, may remand
the dispute to the parties for further collective  bargaining
for  a  period  not  to  exceed  2  weeks.  If the dispute is
remanded  for  further   collective   bargaining   the   time
provisions  of  this  Act shall be extended for a time period
equal to that of the remand.  The chairman of  the  panel  of
arbitration shall notify the Board of the remand.
    (g)  At  or  before  the  conclusion  of the hearing held
pursuant to  subsection  (d),  the  arbitration  panel  shall
identify  the  economic issues in dispute, and direct each of
the parties to submit, within such time limit  as  the  panel
shall  prescribe,  to the arbitration panel and to each other
its last offer of settlement on  each  economic  issue.   The
determination  of  the  arbitration panel as to the issues in
dispute and as to which of these issues are economic shall be
conclusive.  The arbitration panel, within 30 days after  the
conclusion of the hearing, or such further additional periods
to  which  the parties may agree, shall make written findings
of fact and promulgate a written opinion and  shall  mail  or
otherwise  deliver  a  true  copy  thereof to the parties and
their representatives and to the Board.  As to each  economic
issue,  the  arbitration  panel shall adopt the last offer of
settlement which, in the opinion of  the  arbitration  panel,
more  nearly  complies with the applicable factors prescribed
in subsection (h).  The findings, opinions and  order  as  to
all  other  issues shall be based upon the applicable factors
prescribed in subsection (h).
    (h)  Where there is no agreement between the parties,  or
where  there  is  an  agreement  but  the  parties have begun
negotiations or discussions looking to  a  new  agreement  or
amendment  of the existing agreement, and wage rates or other
conditions of employment under the proposed  new  or  amended
agreement  are  in  dispute, the arbitration panel shall base
its findings, opinions and order upon the following  factors,
as applicable:
         (1)  The lawful authority of the employer.
         (2)  Stipulations of the parties.
         (3)  The interests and welfare of the public and the
    financial ability of the unit of government to meet those
    costs.
         (4)  Comparison  of  the wages, hours and conditions
    of  employment  of  the   employees   involved   in   the
    arbitration   proceeding   with   the  wages,  hours  and
    conditions of employment of  other  employees  performing
    similar services and with other employees generally:
              (A)  In   public   employment   in   comparable
         communities.
              (B)  In   private   employment   in  comparable
         communities.
         (5)  The  average  consumer  prices  for  goods  and
    services, commonly known as the cost of living.
         (6)  The overall compensation presently received  by
    the   employees,   including  direct  wage  compensation,
    vacations, holidays and other excused time, insurance and
    pensions,  medical  and  hospitalization  benefits,   the
    continuity  and  stability  of  employment  and all other
    benefits received.
         (7)  Changes in any of the  foregoing  circumstances
    during the pendency of the arbitration proceedings.
         (8)  Such   other   factors,  not  confined  to  the
    foregoing, which are normally or traditionally taken into
    consideration in the determination of  wages,  hours  and
    conditions  of  employment  through  voluntary collective
    bargaining,  mediation,  fact-finding,   arbitration   or
    otherwise  between  the parties, in the public service or
    in private employment.
    (i)  In the  case  of  peace  officers,  the  arbitration
decision  shall be limited to wages, hours, and conditions of
employment  (which  may  include  residency  requirements  in
municipalities with a population under 1,000,000,  but  those
residency  requirements  shall not allow residency outside of
Illinois) and shall not include the following:  i)  residency
requirements  in municipalities with a population of at least
1,000,000; ii) the type of equipment,  other  than  uniforms,
issued  or  used;  iii)  manning;  iv)  the  total  number of
employees employed by  the  department;  v)  mutual  aid  and
assistance  agreements  to other units of government; and vi)
the criterion  pursuant  to  which  force,  including  deadly
force,  can  be used; provided, nothing herein shall preclude
an arbitration decision regarding equipment or manning levels
if such decision is based on a finding that the equipment  or
manning  considerations in a specific work assignment involve
a serious risk to the safety of a peace officer  beyond  that
which is inherent in the normal performance of police duties.
Limitation  of the terms of the arbitration decision pursuant
to this subsection  shall  not  be  construed  to  limit  the
factors upon which the decision may be based, as set forth in
subsection (h).
    In  the case of fire fighter, and fire department or fire
district paramedic matters, the arbitration decision shall be
limited to wages, hours, and conditions of employment  (which
may  include  residency requirements in municipalities with a
population under 1,000,000, but those residency  requirements
shall  not allow residency outside of Illinois) and shall not
include the following matters: i) residency  requirements  in
municipalities  with  a population of at least 1,000,000; ii)
the type of equipment (other than  uniforms and fire  fighter
turnout  gear)  issued  or  used;  iii)  the  total number of
employees employed by the  department;  iv)  mutual  aid  and
assistance  agreements  to  other units of government; and v)
the criterion  pursuant  to  which  force,  including  deadly
force,  can  be used; provided, however, nothing herein shall
preclude an arbitration decision regarding  equipment  levels
if  such  decision  is  based on a finding that the equipment
considerations  in  a  specific  work  assignment  involve  a
serious risk to the safety of  a  fire  fighter  beyond  that
which  is  inherent in the normal performance of fire fighter
duties.  Limitation of the terms of the arbitration  decision
pursuant  to  this subsection shall not be construed to limit
the facts upon which the decision may be based, as set  forth
in subsection (h).
    The  changes  to  this  subsection (i) made by Public Act
90-385 this amendatory Act of  1997  (relating  to  residency
requirements)  do  not apply to persons who are employed by a
combined   department   that   performs   both   police   and
firefighting services; these persons shall be governed by the
provisions of this subsection (i) relating to peace officers,
as they existed before the amendment  by  Public  Act  90-385
this amendatory Act of 1997.  For purposes of this subsection
(i),  persons  who are employed by a combined department that
performs both police and  fire  fighting  services  shall  be
governed  by the provisions relating to peace officers rather
than the provisions relating to fire fighters.
    To preserve historical bargaining rights, this subsection
shall not apply to any provision of a fire fighter collective
bargaining  agreement  in  effect  and  applicable   on   the
effective date of this Act; provided, however, nothing herein
shall   preclude   arbitration   with  respect  to  any  such
provision.
    (j)  Arbitration  procedures  shall  be  deemed   to   be
initiated  by  the filing of a letter requesting mediation as
required  under  subsection  (a)  of   this   Section.    The
commencement  of  a  new  municipal  fiscal  year  after  the
initiation  of  arbitration  procedures  under  this Act, but
before the arbitration decision, or  its  enforcement,  shall
not  be  deemed  to  render  a  dispute moot, or to otherwise
impair the jurisdiction or authority of the arbitration panel
or its decision.  Increases in rates of compensation  awarded
by  the  arbitration panel may be effective only at the start
of the fiscal year next commencing  after  the  date  of  the
arbitration award.  If a new fiscal year has commenced either
since the initiation of arbitration procedures under this Act
or  since  any  mutually  agreed extension of the statutorily
required period of mediation under this Act by the parties to
the labor dispute  causing  a  delay  in  the  initiation  of
arbitration, the foregoing limitations shall be inapplicable,
and   such  awarded  increases  may  be  retroactive  to  the
commencement of the fiscal year, any other statute or charter
provisions to the contrary, notwithstanding. At any time  the
parties,  by  stipulation,  may  amend  or modify an award of
arbitration.
    (k)  Orders of the arbitration panel shall be reviewable,
upon appropriate petition by either the  public  employer  or
the exclusive bargaining representative, by the circuit court
for  the  county  in  which  the  dispute arose or in which a
majority of the  affected  employees  reside,  but  only  for
reasons  that  the  arbitration panel was without or exceeded
its  statutory  authority;  the  order   is   arbitrary,   or
capricious;  or the order was procured by fraud, collusion or
other similar and unlawful means.  Such petitions for  review
must  be  filed  with the appropriate circuit court within 90
days following the issuance of the  arbitration  order.   The
pendency   of   such   proceeding   for   review   shall  not
automatically stay the order of the arbitration  panel.   The
party against whom the final decision of any such court shall
be adverse, if such court finds such appeal or petition to be
frivolous,  shall pay reasonable attorneys' fees and costs to
the successful party as  determined  by  said  court  in  its
discretion.  If  said  court's  decision affirms the award of
money, such award, if retroactive, shall bear interest at the
rate of 12 percent per annum from the  effective  retroactive
date.
    (l)  During   the  pendency  of  proceedings  before  the
arbitration  panel,  existing   wages,   hours,   and   other
conditions  of  employment  shall not be changed by action of
either party without the consent of the other but a party may
so consent without prejudice to his rights or position  under
this  Act.   The  proceedings are deemed to be pending before
the arbitration panel  upon  the  initiation  of  arbitration
procedures under this Act.
    (m)  Security  officers  of  public  employers, and Peace
Officers,  Fire  Fighters  and  fire  department   and   fire
protection  district  paramedics, covered by this Section may
not withhold services, nor may public employers lock  out  or
prevent such employees from performing services at any time.
    (n)  All  of  the  terms  decided upon by the arbitration
panel shall be included in an agreement to  be  submitted  to
the  public  employer's  governing  body for ratification and
adoption by law,  ordinance  or  the  equivalent  appropriate
means.
    The  governing body shall review each term decided by the
arbitration panel.  If the governing body fails to reject one
or more  terms of the arbitration panel's decision by  a  3/5
vote  of  those  duly  elected  and  qualified members of the
governing body, within 20 days of issuance, or in the case of
firefighters employed by a  state  university,  at  the  next
regularly  scheduled  meeting  of  the  governing  body after
issuance, such term or terms  shall  become  a  part  of  the
collective  bargaining  agreement  of  the  parties.   If the
governing body affirmatively rejects one or more terms of the
arbitration panel's decision, it  must  provide  reasons  for
such  rejection with respect to each term so rejected, within
20 days of such rejection and the parties shall return to the
arbitration panel for further proceedings and issuance  of  a
supplemental  decision  with  respect  to the rejected terms.
Any supplemental decision by an arbitration  panel  or  other
decision maker agreed to by the parties shall be submitted to
the   governing   body   for  ratification  and  adoption  in
accordance with the procedures and  voting  requirements  set
forth  in  this  Section.  The  voting  requirements  of this
subsection  shall  apply  to  all   disputes   submitted   to
arbitration  pursuant  to  this  Section  notwithstanding any
contrary  voting  requirements  contained  in  any   existing
collective bargaining agreement between the parties.
    (o)  If  the  governing  body  of  the  employer votes to
reject the panel's decision, the parties shall return to  the
panel  within  30  days  from the issuance of the reasons for
rejection  for  further  proceedings  and   issuance   of   a
supplemental   decision.    All   reasonable  costs  of  such
supplemental    proceeding    including     the     exclusive
representative's  reasonable  attorney's fees, as established
by the Board, shall be paid by the employer.
    (p)  Notwithstanding the provisions of this  Section  the
employer  and  exclusive  representative  may agree to submit
unresolved  disputes  concerning  wages,  hours,  terms   and
conditions  of  employment  to an alternative form of impasse
resolution.
(Source: P.A. 89-195, eff.  7-21-95;  90-202,  eff.  7-24-97;
90-385, eff. 8-15-97; revised 10-27-97.)

    Section  10.   The  State Employee Indemnification Act is
amended by changing Section 2 as follows:

    (5 ILCS 350/2) (from Ch. 127, par. 1302)
    Sec. 2.   Representation  and  indemnification  of  State
employees.
    (a)  In  the event that any civil proceeding is commenced
against any State employee arising out of any act or omission
occurring  within  the  scope   of   the   employee's   State
employment,  the  Attorney  General  shall,  upon  timely and
appropriate notice to him by such employee, appear on  behalf
of  such  employee  and defend the action.  In the event that
any civil proceeding is commenced against any  physician  who
is  an  employee  of  the  Department  of  Corrections or the
Department of Human Services (in a position relating  to  the
Department's  mental  health  and  developmental disabilities
functions) alleging death or bodily injury or other injury to
the person of the complainant resulting from and arising  out
of any act or omission occurring on or after December 3, 1977
within  the  scope  of  the  employee's  State employment, or
against any physician who is an employee of the Department of
Veterans' Affairs alleging death or bodily  injury  or  other
injury  to  the  person of the complainant resulting from and
arising out of any act or omission occurring on or after  the

effective  date  of  this  amendatory  Act of 1988 within the
scope of the employee's State employment,  or  in  the  event
that  any  civil proceeding is commenced against any attorney
who is an employee of the State Appellate  Defender  alleging
legal  malpractice  or  for  other damages resulting from and
arising out of any legal act  or  omission  occurring  on  or
after  December  3,  1977, within the scope of the employee's
State employment, or in the event that any  civil  proceeding
is  commenced  against  any  individual  or  organization who
contracts with the Department of Labor to provide services as
a carnival  and  amusement  ride  safety  inspector  alleging
malpractice,  death  or  bodily injury or other injury to the
person arising out of any act or  omission  occurring  on  or
after  May 1, 1985, within the scope of that employee's State
employment, the  Attorney  General  shall,  upon  timely  and
appropriate  notice to him by such employee, appear on behalf
of such employee and defend  the  action.   Any  such  notice
shall be in writing, shall be mailed within 15 days after the
date  of  receipt  by the employee of service of process, and
shall authorize the Attorney General to represent and  defend
the employee in the proceeding.  The giving of this notice to
the  Attorney  General  shall  constitute an agreement by the
State employee to cooperate with the Attorney General in  his
defense of the action and a consent that the Attorney General
shall  conduct  the  defense as he deems advisable and in the
best interests of the employee, including settlement  in  the
Attorney  General's  discretion.  In any such proceeding, the
State shall pay the court costs and  litigation  expenses  of
defending such action, to the extent approved by the Attorney
General as reasonable, as they are incurred.
    (b)  In  the  event  that the Attorney General determines
that so  appearing  and  defending  an  employee  either  (1)
involves  an actual or potential conflict of interest, or (2)
that the act or omission which gave rise to the claim was not
within the scope of the employee's State  employment  or  was
intentional,   wilful  or  wanton  misconduct,  the  Attorney
General shall decline in writing to appear or defend or shall
promptly take appropriate action to withdraw as attorney  for
such employee.  Upon receipt of such declination or upon such
withdrawal  by the Attorney General on the basis of an actual
or potential conflict of interest,  the  State  employee  may
employ  his own attorney to appear and defend, in which event
the State shall pay the employee's  court  costs,  litigation
expenses  and  attorneys'  fees to the extent approved by the
Attorney General as reasonable, as they are incurred.  In the
event  that  the  Attorney  General  declines  to  appear  or
withdraws on the grounds that the act  or  omission  was  not
within the scope of employment, or was intentional, wilful or
wanton  misconduct, and a court or jury finds that the act or
omission of the  State  employee  was  within  the  scope  of
employment   and   was  not  intentional,  wilful  or  wanton
misconduct, the State shall indemnify the State employee  for
any  damages  awarded  and  court  costs  and attorneys' fees
assessed as part of any final and  unreversed  judgment.   In
such  event  the  State  shall  also pay the employee's court
costs, litigation expenses and attorneys' fees to the  extent
approved by the Attorney General as reasonable.
    In  the  event that the defendant in the proceeding is an
elected State official,  including  members  of  the  General
Assembly,  the  elected  State official may retain his or her
attorney, provided that said  attorney  shall  be  reasonably
acceptable  to  the Attorney General.  In such case the State
shall  pay  the  elected  State   official's   court   costs,
litigation  expenses,  and  attorneys'  fees,  to  the extent
approved by the Attorney General as reasonable, as  they  are
incurred.
    (b-5)  The  Attorney  General  may file a counterclaim on
behalf of a State employee, provided:
         (1)  the Attorney General determines that the  State
    employee  is entitled to representation in a civil action
    under this Section;
         (2)  the counterclaim  arises  out  of  any  act  or
    omission  occurring  within  the  scope of the employee's
    State employment that is the subject of the civil action;
    and
         (3)  the employee agrees in writing that if judgment
    is entered in favor of the employee, the  amount  of  the
    judgment shall be applied to offset any judgment that may
    be  entered  in  favor  of  the  plaintiff,  and  then to
    reimburse  the  State  treasury  for  court   costs   and
    litigation  expenses required to pursue the counterclaim.
    The balance of the collected judgment shall  be  paid  to
    the State employee.
    (c)  Notwithstanding any other provision of this Section,
representation  and indemnification of a judge under this Act
shall also be provided in any case where the plaintiff  seeks
damages  or any equitable relief as a result of any decision,
ruling or order of a judge made in the course of his  or  her
judicial  or  administrative  duties,  without  regard to the
theory   of   recovery    employed    by    the    plaintiff.
Indemnification  shall  be  for  all  damages awarded and all
court costs, attorney fees and litigation  expenses  assessed
against the judge. When a judge has been convicted of a crime
as  a result of his or her intentional judicial misconduct in
a trial, that judge shall not be entitled to  indemnification
and   representation   under  this  subsection  in  any  case
maintained by a party who seeks damages  or  other  equitable
relief as a direct result of the judge's intentional judicial
misconduct.
    (d)  In  any  such  proceeding where notice in accordance
with this Section has been given  to  the  Attorney  General,
unless  the  court or jury finds that the conduct or inaction
which  gave  rise  to  the  claim  or  cause  of  action  was
intentional, wilful or wanton misconduct and was not intended
to serve or benefit interests of the State, the  State  shall
indemnify  the  State  employee  for  any damages awarded and
court costs and attorneys' fees assessed as part of any final
and unreversed judgment, or shall pay such judgment.   Unless
the  Attorney General determines that the conduct or inaction
which  gave  rise  to  the  claim  or  cause  of  action  was
intentional, wilful or wanton misconduct and was not intended
to serve or benefit interests of the State, the case  may  be
settled,  in  the  Attorney General's discretion and with the
employee's  consent,  and  the  State  shall  indemnify   the
employee  for  any  damages,  court costs and attorneys' fees
agreed to as part  of  the  settlement,  or  shall  pay  such
settlement.   Where  the  employee  is represented by private
counsel, any settlement must be so approved by  the  Attorney
General  and  the  court  having  jurisdiction,  which  shall
obligate the State to indemnify the employee.
    (e) (i)  Court  costs  and  litigation expenses and other
costs of  providing  a  defense  or  counterclaim,  including
attorneys'  fees  obligated under this Section, shall be paid
from the State Treasury on the warrant of the Comptroller out
of  appropriations  made  to  the   Department   of   Central
Management  Services specifically designed for the payment of
costs, fees and expenses covered by this Section.
    (ii)  Upon  entry  of  a  final  judgment   against   the
employee,  or  upon the settlement of the claim, the employee
shall  cause  to  be  served  a  copy  of  such  judgment  or
settlement, personally or by  certified  or  registered  mail
within  thirty  days of the date of entry or settlement, upon
the chief administrative officer of the department, office or
agency in which he is employed.  If not inconsistent with the
provisions of this Section, such judgment or settlement shall
be certified for payment by such chief administrative officer
and by the Attorney  General.   The  judgment  or  settlement
shall  be  paid from the State Treasury on the warrant of the
Comptroller out of appropriations made to the  Department  of
Central  Management  Services  specifically  designed for the
payment of claims covered by this Section.
    (f)  Nothing contained or implied in this  Section  shall
operate, or be construed or applied, to deprive the State, or
any employee thereof, of any defense heretofore available.
    (g)  This  Section  shall apply regardless of whether the
employee is  sued  in  his  or  her  individual  or  official
capacity.
    (h)  This  Section  shall  not apply to claims for bodily
injury or damage  to  property  arising  from  motor  vehicle
accidents.
    (i)  This Section shall apply to all proceedings filed on
or after its effective date, and to any proceeding pending on
its effective date, if the State employee gives notice to the
Attorney  General  as provided in this Section within 30 days
of the Act's effective date.
    (j)  The amendatory changes made to this Section by  this
amendatory  Act  of 1986 shall apply to all proceedings filed
on or after the effective date of this amendatory Act of 1986
and to any proceeding pending on its effective date,  if  the
State  employee  gives  notice  to  the  Attorney  General as
provided in this Section within 30 days of the effective date
of this amendatory Act of 1986.
(Source: P.A.  89-507,  eff.  7-1-97;  89-688,  eff.  6-1-97;
revised 3-28-97.)

    Section 11.  The State Salary and Annuity Withholding Act
is amended by changing Section 4 as follows:

    (5 ILCS 365/4) (from Ch. 127, par. 354)
    Sec.  4.   Authorization  of withholding.  An employee or
annuitant may authorize the withholding of a portion  of  his
salary,  wages,  or  annuity  for  any  one  or  more  of the
following purposes:
    (1)  for purchase of United States Savings Bonds;
    (2)  for payment of premiums  on  life  or  accident  and
health  insurance  as  defined  in Section 4 of the "Illinois
Insurance Code", approved June 29, 1937, as amended, and  for
payment  of  premiums  on policies of automobile insurance as
defined in Section 143.13 of the "Illinois  Insurance  Code",
as  amended,  and  the personal multiperil coverages commonly
known as  homeowner's  insurance.   However,  no  portion  of
salaries,  wages or annuities may be withheld to pay premiums
on automobile,  homeowner's,  life  or  accident  and  health
insurance  policies  issued  by  any one insurance company or
insurance service company unless a minimum of  100  employees
or   annuitants   insured   by  that  company  authorize  the
withholding  by  an  Office  within  6  months   after   such
withholding  begins.   If  such  minimum is not satisfied the
Office may discontinue withholding for such company. For  any
insurance  company or insurance service company which has not
previously had withholding, the Office may allow  withholding
for premiums, where less than 100 policies have been written,
to  cover  a probationary period.  An insurance company which
has  discontinued   withholding   may   reinstate   it   upon
presentation   of   facts   indicating   new   management  or
re-organization satisfactory to the Office;
    (3)  for payment to any labor organization designated  by
the employee;
    (4)  for   payment   of   dues  to  any  association  the
membership of which consists of State  employees  and  former
State employees;
    (5)  for  deposit  in  any  credit  union, in which State
employees are within the field of membership as a  result  of
their employment;
    (6)  for  payment to or for the benefit of an institution
of higher education by an employee of that institution;
    (7)  for payment  of  parking  fees  at  the  underground
facility  located  south  of  the  William  G. Stratton State
Office Building in Springfield, the parking ramp  located  at
401  South  College  Street,  west of the William G. Stratton
State Office Building  in  Springfield,  or  at  the  parking
facilities  located  on  the  Urbana-Champaign  campus of the
University of Illinois;
    (8)  for voluntary payment to the State  of  Illinois  of
amounts then due and payable to the State;
    (9)  for  investment  purchases  made as a participant in
College Savings  Programs  established  pursuant  to  Section
30-15.8a of the School Code;
    (10)  for voluntary payment to the Illinois Department of
Revenue  of  amounts  due or to become due under the Illinois
Income Tax Act;
    (11)  for  payment  of  optional   contributions   to   a
retirement  system  subject to the provisions of the Illinois
Pension Code;.
    (12)  (10)  for  contributions  to  organizations   found
qualified by the State Comptroller under the requirements set
forth in the Voluntary Payroll Deductions Act of 1983.
(Source:  P.A.  90-102,  eff.  7-1-98;  90-448, eff. 8-16-97;
revised 11-17-97.)

    Section 12.  The State Employees Group Insurance  Act  of
1971  is  amended  by  changing Sections 3 and 10 and setting
forth and renumbering multiple versions  of  Section  6.9  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 under the optional retirement
program established under Section 15-158.2),  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).
    (b-5)  "New  SERS  annuitant"  means  a person who, on or
after January 1, 1998, becomes an annuitant,  as  defined  in
subsection   (b),   by  virtue  of  beginning  to  receive  a
retirement annuity under Article 14 of the  Illinois  Pension
Code,  and is eligible to participate in the basic program of
group health benefits provided for annuitants under this Act.
    (b-6)  "New SURS annuitant" means a  person  who,  on  or
after  January  1,  1998, becomes an annuitant, as defined in
subsection  (b),  by  virtue  of  beginning  to   receive   a
retirement  annuity  under Article 15 of the Illinois Pension
Code, and is eligible to participate in the basic program  of
group health benefits provided for annuitants under this Act.
    (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
the optional retirement  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,  the Board of Examiners established under the Illinois
Public Accounting Act, 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 the optional retirement
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
the  optional  retirement  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
subsection (a) 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 subsection (a) of Section
15-107 of the Illinois Pension Code.
    (p-6)  "New SURS retired employee" means a person who, on
or after January 1, 1998,  becomes  a  retired  employee,  as
defined  in  subsection  (p),  by  virtue  of  being a person
formerly employed  by  the  University  of  Illinois  in  the
Cooperative  Extension  Service who would be an annuitant but
for  the  fact  that  he  or  she  was  made  ineligible   to
participate  in  the  State Universities Retirement System by
clause (4)  of  subsection  (a)  of  Section  15-107  of  the
Illinois  Pension Code, and who is eligible to participate in
the basic program  of  group  health  benefits  provided  for
retired employees under this Act.
    (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  subsection
(a)  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  subsection
(a) of Section 15-107 of the Illinois Pension Code.
    (q-5)  "New  SERS  survivor" means a survivor, as defined
in subsection (q), whose annuity is paid under Article 14  of
the Illinois Pension Code and is based on the death of (i) an
employee  whose  death occurs on or after January 1, 1998, or
(ii) a new SERS annuitant as defined in subsection (b-5).
    (q-6)  "New SURS survivor" means a survivor,  as  defined
in  subsection (q), whose annuity is paid under Article 15 of
the Illinois Pension Code and is based on the death of (i) an
employee whose death occurs on or after January 1, 1998, (ii)
a new SURS annuitant as defined in subsection (b-6), or (iii)
a new SURS retired employee as defined in subsection (p-6).
    (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.
    (z)  "Community college benefit recipient" means a person
who:
         (1)  is not a "member" as defined in  this  Section;
    and
         (2)  is  receiving  a  monthly survivor's annuity or
    retirement annuity  under  Article  15  of  the  Illinois
    Pension Code; and
         (3)  either  (i)  was  a  full-time  employee  of  a
    community college district or an association of community
    college boards created under the Public Community College
    Act  (other  than  an  employee whose last employer under
    Article 15 of the Illinois Pension Code was  a  community
    college  district  subject  to  Article VII of the Public
    Community College Act) and was eligible to participate in
    a group health benefit plan as  an  employee  during  the
    time  of  employment  with  a  community college district
    (other than  a  community  college  district  subject  to
    Article  VII  of  the Public Community College Act) or an
    association of community college boards, or (ii)  is  the
    survivor of a person described in item (i).

    (aa)  "Community  college  dependent beneficiary" means a
person who:
         (1)  is not a "member" or "dependent" as defined  in
    this Section; and
         (2)  is a community college benefit recipient's: (A)
    spouse,  (B)  dependent  parent who is receiving at least
    half of his or her support  from  the  community  college
    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 community college  benefit  recipient,
    eligible  as  a  dependent  for Illinois State income tax
    purposes and under age 23, or (iii) age 19  or  over  and
    mentally  or  physically  handicapped  as  defined in the
    Illinois Insurance Code.
(Source: P.A.  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; 90-14, eff. 7-1-97; 90-65, eff. 7-7-97;  90-448,
eff.  8-16-97;  90-497,  eff.  8-18-97; 90-511, eff. 8-22-97;
revised 10-13-97.)

    (5 ILCS 375/6.9)
    Sec. 6.9. Health benefits for community  college  benefit
recipients and community college dependent beneficiaries.
    (a)  Purpose.   It  is the purpose of this amendatory Act
of 1997 to establish a uniform program of health benefits for
community college  benefit  recipients  and  their  dependent
beneficiaries  under  the administration of the Department of
Central Management Services.
    (b)  Creation of program.  Beginning July  1,  1999,  the
Department   of   Central   Management   Services   shall  be
responsible for administering a program  of  health  benefits
for   community  college  benefit  recipients  and  community
college dependent  beneficiaries  under  this  Section.   The
State  Universities  Retirement  System  and  the  boards  of
trustees  of  the  various  community college districts shall
cooperate with the Department in this endeavor.
    (c)  Eligibility.    All   community   college    benefit
recipients  and  community  college  dependent  beneficiaries
shall  be  eligible to participate in the program established
under this Section, without  any  interruption  or  delay  in
coverage or limitation as to pre-existing medical conditions.
Eligibility  to  participate shall be determined by the State
Universities  Retirement  System.    Eligibility  information
shall be communicated to the Department of Central Management
Services in a format acceptable to the Department.
    (d)  Coverage.   The  health  benefit  coverage  provided
under this Section shall be a program of health, dental,  and
vision benefits.
    The  program  of  health  benefits under this Section may
include any or all of the benefit limitations, including  but
not  limited  to a reduction in benefits based on eligibility
for  federal  medicare  benefits,  that  are  provided  under
subsection (a) of Section 6 of  this  Act  for  other  health
benefit programs under this Act.
    (e)  Insurance  rates  and  premiums.  The Director shall
determine the insurance  rates  and  premiums  for  community
college  benefit  recipients  and community college dependent
beneficiaries.  Rates and premiums may be based  in  part  on
age  and  eligibility  for  federal  Medicare  coverage.  The
Director  shall  also  determine premiums that will allow for
the establishment of an actuarially sound  reserve  for  this
program.
    The  cost  of  health benefits under the program shall be
paid as follows:
         (1)  For a community college benefit  recipient,  up
    to 75% of the total insurance rate shall be paid from the
    Community College Health Insurance Security Fund.
         (2)  The balance of the rate of insurance, including
    the entire premium for any coverage for community college
    dependent  beneficiaries  that has been elected, shall be
    paid by deductions authorized by  the  community  college
    benefit  recipient to be withheld from his or her monthly
    annuity or benefit payment from  the  State  Universities
    Retirement  System; except that (i) if the balance of the
    cost of  coverage  exceeds  the  amount  of  the  monthly
    annuity  or benefit payment, the difference shall be paid
    directly to the State Universities Retirement  System  by
    the  community college benefit recipient, and (ii) all or
    part of the balance of the cost of coverage may,  at  the
    option  of the board of trustees of the community college
    district, be paid to the  State  Universities  Retirement
    System  by  the  board  of the community college district
    from  which  the  community  college  benefit   recipient
    retired.   The State Universities Retirement System shall
    promptly deposit all moneys withheld by  or  paid  to  it
    under  this subdivision (e)(2) into the Community College
    Health Insurance Security Fund.  These moneys  shall  not
    be considered assets of the State Universities Retirement
    System.
    (f)  Financing.     All   revenues   arising   from   the
administration of  the  health  benefit  program  established
under  this  Section  shall  be  deposited into the Community
College Health  Insurance  Security  Fund,  which  is  hereby
created  as  a  nonappropriated trust fund to be held outside
the State Treasury, with the State  Treasurer  as  custodian.
Any interest earned on moneys in the Community College Health
Insurance Security Fund shall be deposited into the Fund.
    Moneys in the Community College Health Insurance Security
Fund  shall  be  used  only  to  pay  the costs of the health
benefit program established  under  this  Section,  including
associated  administrative  costs  and the establishment of a
program reserve.  Beginning January 1, 1999,  the  Department
of Central Management Services may make expenditures from the
Community  College  Health  Insurance Security Fund for those
costs.
    (g)  Contract  for  benefits.   The  Director  shall   by
contract,  self-insurance,  or  otherwise  make available the
program of health  benefits  for  community  college  benefit
recipients    and    their    community   college   dependent
beneficiaries that is provided  for  in  this  Section.   The
contract  or  other  arrangement  for  the provision of these
health benefits shall be on terms deemed by the  Director  to
be  in  the  best  interest  of the State of Illinois and the
community  college  benefit  recipients  based  on,  but  not
limited to, such criteria  as  administrative  cost,  service
capabilities  of  the  carrier  or  other contractor, and the
costs of the benefits.
    (h)  Continuation of program.  It is the intention of the
General Assembly that the program of health benefits provided
under this Section be maintained on  an  ongoing,  affordable
basis.   The  program  of health benefits provided under this
Section may be amended by the State and is not intended to be
a pension or retirement benefit subject to  protection  under
Article XIII, Section 5 of the Illinois Constitution.
    (i)  Other  health  benefit plans.  A health benefit plan
provided by  a  community  college  district  (other  than  a
community  college  district  subject  to  Article VII of the
Public Community College Act) under the terms of a collective
bargaining agreement in effect on or prior to  the  effective
date  of  this amendatory Act of 1997 shall continue in force
according to the terms of that  agreement,  unless  otherwise
mutually  agreed  by  the  parties  to that agreement and the
affected retiree.  A community college benefit  recipient  or
community  college dependent beneficiary whose coverage under
such a plan expires shall be eligible to begin  participating
in  the  program  established  under this Section without any
interruption  or  delay  in  coverage  or  limitation  as  to
pre-existing medical conditions.
    This Act does not prohibit any community college district
from offering additional health benefits for its retirees  or
their dependents or survivors.
(Source: P.A. 90-497, eff. 8-18-97; revised 11-10-97.)

    (5 ILCS 375/6.11)
    Sec.  6.11.  6.9.  Required health benefits.  The program
of health benefits shall  provide  the  post-mastectomy  care
benefits  required  to be covered by a policy of accident and
health insurance under Section 356t of the Illinois Insurance
Code.  The program  of  health  benefits  shall  provide  the
coverage   required   under  Section  356u  of  the  Illinois
Insurance Code.
(Source: P.A. 90-7, eff. 6-10-97; revised 11-10-97.)

    (5 ILCS 375/10) (from Ch. 127, par. 530)
    Sec. 10. Payments by State; premiums.
    (a)  The   State   shall   pay   the   cost   of    basic
non-contributory  group life insurance and, subject to member
paid contributions set by the Department or required by  this
Section,  the  basic program of group health benefits on each
eligible member, except a member, 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, and part of each eligible member's and  retired
member's  premiums for health insurance coverage for enrolled
dependents as provided by Section 9.  The State shall pay the
cost of the basic program of group health benefits only after
benefits are reduced by the amount  of  benefits  covered  by
Medicare  for all retired members and retired dependents aged
65 years or older who are entitled to benefits  under  Social
Security  or  the  Railroad  Retirement  system  or  who  had
sufficient Medicare-covered government employment except that
such  reduction in benefits shall apply only to those retired
members or retired dependents who (1) first  become  eligible
for  such  Medicare coverage on or after July 1, 1992; or (2)
remain eligible for, but no longer receive Medicare  coverage
which  they  had been receiving on or after July 1, 1992. The
Department may determine the aggregate level of  the  State's
contribution  on the basis of actual cost of medical services
adjusted for age, sex  or  geographic  or  other  demographic
characteristics which affect the costs of such programs.
    (a-1)  Beginning  January  1,  1998,  for each person who
becomes a new SERS annuitant and participates  in  the  basic
program  of group health benefits, the State shall contribute
toward the cost of the annuitant's coverage under  the  basic
program  of  group  health  benefits an amount equal to 5% of
that cost for each full year of creditable service upon which
the annuitant's retirement annuity is based, up to a  maximum
of  100% for an annuitant with 20 or more years of creditable
service.  The remainder of the cost of a new SERS annuitant's
coverage under the basic program  of  group  health  benefits
shall be the responsibility of the annuitant.
    (a-2)  Beginning  January  1,  1998,  for each person who
becomes a new SERS survivor and  participates  in  the  basic
program  of group health benefits, the State shall contribute
toward the cost of the survivor's coverage  under  the  basic
program  of  group  health  benefits an amount equal to 5% of
that cost for each full year of the  deceased  employee's  or
deceased   annuitant's   creditable   service  in  the  State
Employees' Retirement System  of  Illinois  on  the  date  of
death,  up to a maximum of 100% for a survivor of an employee
or annuitant with 20 or more  years  of  creditable  service.
The remainder of the cost of the new SERS survivor's coverage
under the basic program of group health benefits shall be the
responsibility of the survivor.
    (a-3)  Beginning  January  1,  1998,  for each person who
becomes a new SURS annuitant and participates  in  the  basic
program  of group health benefits, the State shall contribute
toward the cost of the annuitant's coverage under  the  basic
program  of  group  health  benefits an amount equal to 5% of
that cost for each full year of creditable service upon which
the annuitant's retirement annuity is based, up to a  maximum
of  100% for an annuitant with 20 or more years of creditable
service.  The remainder of the cost of a new SURS annuitant's
coverage under the basic program  of  group  health  benefits
shall be the responsibility of the annuitant.
    (a-4)  Beginning  January  1,  1998,  for each person who
becomes a new SURS retired employee and participates  in  the
basic  program  of  group  health  benefits,  the State shall
contribute toward the cost of the retired employee's coverage
under the basic program of group health  benefits  an  amount
equal  to 5% of that cost for each full year that the retired
employee was an employee as defined in Section  3,  up  to  a
maximum  of  100%  for a retired employee who was an employee
for 20 or more years.  The remainder of the  cost  of  a  new
SURS  retired  employee's coverage under the basic program of
group health benefits shall  be  the  responsibility  of  the
retired employee.
    (a-5)  Beginning  January  1,  1998,  for each person who
becomes a new SURS survivor and  participates  in  the  basic
program  of group health benefits, the State shall contribute
toward the cost of the survivor's coverage  under  the  basic
program  of  group  health  benefits an amount equal to 5% of
that cost for each full year of the  deceased  employee's  or
deceased   annuitant's   creditable   service  in  the  State
Universities Employees' Retirement System of Illinois on  the
date  of  death, up to a maximum of 100% for a survivor of an
employee or annuitant with 20 or  more  years  of  creditable
service.    The  remainder  of  the  cost  of  the  new  SURS
survivor's coverage under the basic program of  group  health
benefits shall be the responsibility of the survivor.
    (a-6)  A  new SERS annuitant, new SERS survivor, new SURS
annuitant, new SURS retired employee, or  new  SURS  survivor
may  waive  or  terminate  coverage  in  the program of group
health benefits.  Any such annuitant,  survivor,  or  retired
employee  who has waived or terminated coverage may enroll or
re-enroll in the program of group health benefits only during
the annual  benefit  choice  period,  as  determined  by  the
Director; except that in the event of termination of coverage
due  to  nonpayment  of premiums, the annuitant, survivor, or
retired employee may not re-enroll in the program.
    (a-7) No later than May 1  of  each  calendar  year,  the
Director  of  Central  Management  Services  shall certify in
writing to the Executive Secretary of  the  State  Employees'
Employee's  Retirement  System of Illinois the amounts of the
Medicare supplement health care premiums and the  amounts  of
the  health  care premiums for all other retirees who are not
Medicare eligible.
    A separate calculation of the  premiums  based  upon  the
actual cost of each health care plan shall be so certified.
    The Director of Central Management Services shall provide
to the Executive Secretary of the State Employees' Employee's
Retirement  System  of Illinois such information, statistics,
and other data as he or she he/she may require to review  the
premium   amounts   certified  by  the  Director  of  Central
Management Services.
    (b)  State employees who become eligible for this program
on or after January 1, 1980 in positions, normally  requiring
actual performance of duty not less than 1/2 of a normal work
period  but  not equal to that of a normal work period, shall
be  given  the  option  of  participating  in  the  available
program.  If the employee elects coverage,  the  State  shall
contribute  on  behalf  of  such  employee to the cost of the
employee's benefit and any applicable  dependent  supplement,
that  sum  which bears the same percentage as that percentage
of time the employee regularly works when compared to  normal
work period.
    (c)  The  basic  non-contributory coverage from the basic
program of group health benefits shall be continued for  each
employee  not in pay status or on active service by reason of
(1) leave of absence due to illness or injury, (2) authorized
educational leave of absence  or  sabbatical  leave,  or  (3)
military  leave  with  pay  and benefits. This coverage shall
continue until expiration of authorized leave and  return  to
active  service, but not to exceed 24 months for leaves under
item (1) or (2). This 24-month limitation and the requirement
of returning to active service shall  not  apply  to  persons
receiving  ordinary  or  accidental  disability  benefits  or
retirement  benefits through the appropriate State retirement
system  or  benefits  under  the  Workers'  Compensation   or
Occupational Disease Act.
    (d)  The   basic  group  life  insurance  coverage  shall
continue, with full State contribution, where such person  is
(1)  absent  from  active  service  by  reason  of disability
arising from any cause  other  than  self-inflicted,  (2)  on
authorized  educational leave of absence or sabbatical leave,
or (3) on military leave with pay and benefits.
    (e)  Where the person is in non-pay status for  a  period
in  excess  of  30 days or on leave of absence, other than by
reason of disability, educational  or  sabbatical  leave,  or
military  leave  with  pay  and  benefits,  such  person  may
continue  coverage  only  by making personal payment equal to
the amount normally contributed by the State on such person's
behalf. Such payments and  coverage  may  be  continued:  (1)
until  such  time  as the person returns to a status eligible
for coverage at State expense, but not to exceed  24  months,
(2)  until  such person's employment or annuitant status with
the State is terminated, or (3) for a  maximum  period  of  4
years for members on military leave with pay and benefits and
military  leave  without  pay  and benefits (exclusive of any
additional service imposed pursuant to law).
    (f)  The Department shall  establish by rule  the  extent
to which other employee benefits will continue for persons in
non-pay status or who are not in active service.
    (g)  The  State  shall  not  pay  the  cost  of the basic
non-contributory group  life  insurance,  program  of  health
benefits  and  other  employee  benefits  for members who are
survivors as defined by paragraphs (1) and (2) of  subsection
(q)  of  Section  3  of  this Act.  The costs of benefits for
these survivors shall be paid by  the  survivors  or  by  the
University  of Illinois Cooperative Extension Service, or any
combination thereof.
    (h)  Those   persons   occupying   positions   with   any
department as a result of emergency appointments pursuant  to
Section  8b.8  of  the  Personnel Code who are not considered
employees under  this  Act  shall  be  given  the  option  of
participating in the programs of group life insurance, health
benefits  and other employee benefits.  Such persons electing
coverage may participate only by making payment equal to  the
amount  normally  contributed  by  the  State  for  similarly
situated  employees.  Such amounts shall be determined by the
Director.  Such payments and coverage may be continued  until
such  time as the person becomes an employee pursuant to this
Act or such person's appointment is terminated.
    (i)  Any unit of local government  within  the  State  of
Illinois  may  apply  to  the Director to have its employees,
annuitants,  and  their  dependents  provided  group   health
coverage   under   this  Act  on  a  non-insured  basis.   To
participate, a unit of local government must agree to  enroll
all  of  its  employees, who may select coverage under either
the State group health insurance plan or a health maintenance
organization  that  has  contracted  with  the  State  to  be
available as a health care provider for employees as  defined
in  this  Act.   A  unit  of  local government must remit the
entire cost of  providing  coverage  under  the  State  group
health  insurance  plan  or,  for  coverage  under  a  health
maintenance   organization,   an  amount  determined  by  the
Director based on an analysis of  the  sex,  age,  geographic
location,  or  other  relevant  demographic variables for its
employees, except that the unit of local government shall not
be required to enroll those of its employees who are  covered
spouses or dependents under this plan or another group policy
or   plan  providing  health  benefits  as  long  as  (1)  an
appropriate  official  from  the  unit  of  local  government
attests that each employee not enrolled is a  covered  spouse
or dependent under this plan or another group policy or plan,
and  (2)  at  least 85% of the employees are enrolled and the
unit of local government remits the entire cost of  providing
coverage  to  those  employees.  Employees of a participating
unit of local government who are not enrolled due to coverage
under another group health policy or plan  may  enroll  at  a
later  date subject to submission of satisfactory evidence of
insurability and provided that no benefits shall  be  payable
for  services  incurred during the first 6 months of coverage
to the extent  the  services  are   in  connection  with  any
pre-existing   condition.   A  participating  unit  of  local
government may also elect to cover its annuitants.  Dependent
coverage shall be offered on  an  optional  basis,  with  the
costs paid by the unit of local government, its employees, or
some  combination  of  the  two  as determined by the unit of
local government.  The unit  of  local  government  shall  be
responsible   for   timely  collection  and  transmission  of
dependent premiums.
    The Director shall annually determine  monthly  rates  of
payment, subject to the following constraints:
         (1)  In  the first year of coverage, the rates shall
    be  equal  to  the  amount  normally  charged  to   State
    employees  for elected optional coverages or for enrolled
    dependents coverages or other contributory coverages,  or
    contributed by the State for basic insurance coverages on
    behalf of its employees, adjusted for differences between
    State  employees and employees of the local government in
    age,  sex,  geographic   location   or   other   relevant
    demographic  variables,  plus an amount sufficient to pay
    for the  additional  administrative  costs  of  providing
    coverage to employees of the unit of local government and
    their dependents.
         (2)  In subsequent years, a further adjustment shall
    be  made  to  reflect  the  actual  prior  years'  claims
    experience   of  the  employees  of  the  unit  of  local
    government.
    In the case of coverage  of  local  government  employees
under  a  health maintenance organization, the Director shall
annually determine  for  each  participating  unit  of  local
government the maximum monthly amount the unit may contribute
toward  that  coverage,  based on an analysis of (i) the age,
sex, geographic  location,  and  other  relevant  demographic
variables  of the unit's employees and (ii) the cost to cover
those employees under the State group health insurance  plan.
The  Director  may  similarly  determine  the maximum monthly
amount each unit of local government  may  contribute  toward
coverage   of   its  employees'  dependents  under  a  health
maintenance organization.
    Monthly payments by the unit of local government  or  its
employees  for  group  health insurance or health maintenance
organization  coverage  shall  be  deposited  in  the   Local
Government   Health   Insurance   Reserve  Fund.   The  Local
Government  Health  Insurance  Reserve  Fund   shall   be   a
continuing  fund not subject to fiscal year limitations.  All
expenditures from this fund shall be used  for  payments  for
health  care benefits for local government and rehabilitation
facility  employees,  annuitants,  and  dependents,  and   to
reimburse   the  Department  or  its  administrative  service
organization for all expenses incurred in the  administration
of  benefits.   No  other  State  funds may be used for these
purposes.
    A local government employer's participation or desire  to
participate  in a program created under this subsection shall
not  limit  that  employer's  duty  to   bargain   with   the
representative  of  any  collective  bargaining  unit  of its
employees.
    (j)  Any rehabilitation  facility  within  the  State  of
Illinois  may  apply  to  the Director to have its employees,
annuitants,  and  their  dependents  provided  group   health
coverage   under   this   Act  on  a  non-insured  basis.  To
participate, a rehabilitation facility must agree  to  enroll
all  of  its employees and remit the entire cost of providing
such  coverage   for   its   employees,   except   that   the
rehabilitation facility shall not be required to enroll those
of  its employees who are covered spouses or dependents under
this plan or another group policy or  plan  providing  health
benefits  as  long  as  (1)  an appropriate official from the
rehabilitation  facility  attests  that  each  employee   not
enrolled  is a covered spouse or dependent under this plan or
another group policy or plan, and (2) at  least  85%  of  the
employees are enrolled and the rehabilitation facility remits
the  entire  cost  of  providing coverage to those employees.
Employees of a participating rehabilitation facility who  are
not  enrolled  due  to  coverage  under  another group health
policy or  plan  may  enroll  at  a  later  date  subject  to
submission  of  satisfactory  evidence  of  insurability  and
provided  that  no  benefits  shall  be  payable for services
incurred during the first 6 months of coverage to the  extent
the   services   are  in  connection  with  any  pre-existing
condition. A participating rehabilitation facility  may  also
elect  to  cover  its annuitants. Dependent coverage shall be
offered on an optional basis, with  the  costs  paid  by  the
rehabilitation  facility,  its employees, or some combination
of the 2 as determined by the  rehabilitation  facility.  The
rehabilitation  facility  shall  be  responsible  for  timely
collection and transmission of dependent premiums.
    The  Director shall annually determine quarterly rates of
payment, subject to the following constraints:
         (1)  In the first year of coverage, the rates  shall
    be   equal  to  the  amount  normally  charged  to  State
    employees for elected optional coverages or for  enrolled
    dependents  coverages  or other contributory coverages on
    behalf of its employees, adjusted for differences between
    State  employees  and  employees  of  the  rehabilitation
    facility  in  age,  sex,  geographic  location  or  other
    relevant demographic variables, plus an amount sufficient
    to  pay  for  the  additional  administrative  costs   of
    providing  coverage  to  employees  of the rehabilitation
    facility and their dependents.
         (2)  In subsequent years, a further adjustment shall
    be  made  to  reflect  the  actual  prior  years'  claims
    experience  of  the  employees  of   the   rehabilitation
    facility.
    Monthly  payments  by  the rehabilitation facility or its
employees for group health insurance shall  be  deposited  in
the Local Government Health Insurance Reserve Fund.
    (k)  Any  domestic violence shelter or service within the
State of Illinois may apply  to  the  Director  to  have  its
employees,  annuitants,  and  their dependents provided group
health coverage under this Act on a  non-insured  basis.   To
participate,  a  domestic  violence  shelter  or service must
agree to enroll all of its employees and pay the entire  cost
of   providing   such   coverage   for   its   employees.   A
participating domestic violence shelter  may  also  elect  to
cover its annuitants.  Dependent coverage shall be offered on
an optional basis, with employees, or some combination of the
2  as determined by the domestic violence shelter or service.
The domestic violence shelter or service shall be responsible
for timely collection and transmission of dependent premiums.
    The Director shall annually determine quarterly rates  of
payment, subject to the following constraints:
         (1)  In  the first year of coverage, the rates shall
    be  equal  to  the  amount  normally  charged  to   State
    employees  for elected optional coverages or for enrolled
    dependents coverages or other contributory  coverages  on
    behalf of its employees, adjusted for differences between
    State  employees  and  employees of the domestic violence
    shelter or service in age, sex,  geographic  location  or
    other  relevant  demographic  variables,  plus  an amount
    sufficient to pay for the additional administrative costs
    of  providing  coverage  to  employees  of  the  domestic
    violence shelter or service and their dependents.
         (2)  In subsequent years, a further adjustment shall
    be  made  to  reflect  the  actual  prior  years'  claims
    experience of the  employees  of  the  domestic  violence
    shelter or service.
         (3)  In  no  case  shall  the  rate be less than the
    amount normally charged to State employees or contributed
    by the State on behalf of its employees.
    Monthly payments by  the  domestic  violence  shelter  or
service  or its employees for group health insurance shall be
deposited in the Local Government  Health  Insurance  Reserve
Fund.
    (l)  A  public  community  college  or  entity  organized
pursuant to the Public Community College Act may apply to the
Director  initially to have only annuitants not covered prior
to July 1, 1992 by the district's health plan provided health
coverage  under  this  Act  on  a  non-insured  basis.    The
community   college   must   execute  a  2-year  contract  to
participate in  the  Local  Government  Health  Plan.   Those
annuitants  enrolled initially under this contract shall have
no benefits payable for services incurred during the first  6
months  of  coverage  to  the  extent  the  services  are  in
connection  with  any  pre-existing condition.  Any annuitant
who may enroll after this initial enrollment period shall  be
subject   to   submission   of   satisfactory   evidence   of
insurability and to the pre-existing conditions limitation.
    The  Director  shall  annually determine monthly rates of
payment subject to  the  following  constraints:   for  those
community  colleges with annuitants only enrolled, first year
rates shall be equal to the average cost to cover claims  for
a   State   member   adjusted   for   demographics,  Medicare
participation, and other factors; and in the second  year,  a
further  adjustment  of  rates  shall  be made to reflect the
actual  first  year's  claims  experience  of   the   covered
annuitants.
    (m)  The  Director shall adopt any rules deemed necessary
for implementation of this amendatory Act of 1989 (Public Act
86-978).
(Source:  P.A.  89-53,  eff.  7-1-95;  89-236,  eff.  8-4-95;
89-324,  eff.  8-13-95;  89-626,  eff.  8-9-96;  90-65,  eff.
7-7-97; revised 1-13-98.)

    Section 13.  The State Designations  Act  is  amended  by
changing Section 25 as follows:

    (5 ILCS 460/25) (from Ch. 1, par. 2901-25)
    Sec.  25.   State  mineral.  The mineral calcium fluoride
flouride,  commonly  called  "fluorite",  is  designated  the
official State mineral of the State of Illinois.
(Source: P.A. 87-273; revised 6-27-97.)

    Section 14.  The Election Code  is  amended  by  changing
Sections 7-34, 16-4.1, 17-23, 20-13.1, and 23-6.1 as follows:

    (10 ILCS 5/7-34) (from Ch. 46, par. 7-34)
    Sec.  7-34.   Pollwatchers in a primary election shall be
authorized in the following manner:
    (1)  Each established political party shall  be  entitled
to  appoint  one pollwatcher per precinct.  Such pollwatchers
must be affiliated with the political party  for  which  they
are  pollwatching.   For  all  primary  elections,  except as
provided  in  subsection  (5),  such  pollwatchers  must   be
registered  to  vote  from a residence in the county in which
they are pollwatching.
    (2)  Each candidate shall  be  entitled  to  appoint  two
pollwatchers  per  precinct.   For Federal, State, and county
primary elections, one pollwatcher must be registered to vote
from a residence in the county in which he  is  pollwatching.
The  second  pollwatcher  must  be  registered to vote from a
residence  in  the  precinct  or  ward   in   which   he   is
pollwatching.   For township and municipal primary elections,
one pollwatcher must be registered to vote from  a  residence
in  the  county  in  which  he  is  pollwatching.  The second
pollwatcher must be registered to vote from  a  residence  in
the precinct or ward in which he is pollwatching.
    (3)  Each  organization  of citizens within the county or
political  subdivision,  which  has  among  its  purposes  or
interests  the  investigation  or  prosecution  of   election
frauds,  and which shall have registered its name and address
and the names and addresses of its  principal  officers  with
the  proper  election  authority  at least 40 days before the
primary  election,  shall  be   entitled   to   appoint   one
pollwatcher  per precinct.  For all primary elections, except
as provided in  subsection  (5),  such  pollwatcher  must  be
registered to vote from a residence in the county in which he
is pollwatching.
    (4)  Each organized group of proponents or opponents of a
ballot  proposition, which shall have registered the name and
address of its organization or committee  and  the  name  and
address of its chairman with the proper election authority at
least  40 days before the primary election, shall be entitled
to appoint one pollwatcher per precinct.  Except as  provided
in  subsection  (5),  such  pollwatcher must be registered to
vote from a residence in  the  county  in  which  the  ballot
proposition is being voted upon.
    (5)  In  any primary election held to nominate candidates
for the offices of a  municipality  of  less  than  3,000,000
population  that  is  situated  in  2  or  more  counties,  a
pollwatcher  who  is a resident of a county in which any part
of the municipality is situated shall be eligible to serve as
a pollwatcher  in  any  polling  place  located  within  such
municipality,   provided   that  such  pollwatcher  otherwise
complies with the respective requirements of subsections  (1)
through  (4)  of this Section and is a registered voter whose
residence is within the municipality.
    All  pollwatchers  shall  be  required  to  have   proper
credentials.  Such credentials shall be printed in sufficient
quantities,  shall  be  issued  by  and  under  the facsimile
signature(s) of the election authority and shall be available
for distribution at least 2  weeks  prior  to  the  election.
Such credentials shall be authorized by the real or facsimile
signature  of  the  State  or  local  party  official  or the
candidate or the presiding officer of the civic  organization
or  the  chairman  of the proponent or opponent group, as the
case may be.
    Pollwatcher credentials shall  be  in  substantially  the
following form:

                   POLLWATCHER CREDENTIALS
TO THE JUDGES OF ELECTION:
    In accordance  with  the provisions of the Election Code,
the   undersigned   hereby   appoints  ...........  (name  of
pollwatcher)  at  ..........  (address)  in  the  county   of
...........,   ..........   (township   or  municipality)  of
...........  (name),  State  of  Illinois  and  who  is  duly
registered  to  vote  from  this  address,  to   act   as   a
pollwatcher  in  the  ...........  precinct of the ..........
ward  (if  applicable)  of  the  ...........   (township   or
municipality)  of  ........... at the ........... election to
be held on ..........., 19.. (date).
........................  (Signature of Appointing Authority)
........................  TITLE  (party official,  candidate,
                                civic organization president,
                        proponent or opponent group chairman)
    Under penalties provided by law pursuant to Section 29-10
of the Election Code, the undersigned  pollwatcher  certifies
that  he  or  she  resides at .............. (address) in the
county of ........., ......... (township or municipality)  of
..........  (name), State of Illinois, and is duly registered
to vote from that address.
...........................        ..........................
(Precinct and/or Ward in           (Signature of Pollwatcher)
Which Pollwatcher Resides)

    Pollwatchers must present their credentials to the Judges
of Election upon entering  the  polling  place.   Pollwatcher
credentials  properly  executed  and signed shall be proof of
the qualifications of  the  pollwatcher  authorized  thereby.
Such  credentials  are retained by the Judges and returned to
the Election Authority at the end of the day of election with
the  other  election  materials.   Once  a  pollwatcher   has
surrendered  a valid credential, he may leave and reenter the
polling place provided that such continuing action  does  not
disrupt  the  conduct  of  the  election. Pollwatchers may be
substituted during the course of  the  day,  but  established
political  parties, candidates, qualified civic organizations
and proponents and opponents of a ballot proposition can have
only as many pollwatchers at any given time as are authorized
in this  Article.   A  substitute  must  present  his  signed
credential  to  the  judges  of  election  upon  entering the
polling  place.   Election   authorities   must   provide   a
sufficient number of credentials to allow for substitution of
pollwatchers. After the polls have closed, pollwatchers shall
be allowed to remain until the canvass of votes is completed;
but  may  leave  and  reenter  only  in  cases  of necessity,
provided that such action is not so continuous as to  disrupt
the canvass of votes.
    Candidates  seeking  office in a district or municipality
encompassing 2 or more counties shall be admitted to any  and
all  polling  places throughout such district or municipality
without regard to the counties in which such  candidates  are
registered  to  vote.   Actions  of  such candidates shall be
governed in each polling place by  the  same  privileges  and
limitations  that  apply  to pollwatchers as provided in this
Section.  Any such candidate who engages in an activity in  a
polling  place  which  could  reasonably  be  construed  by a
majority of the judges of election as campaign activity shall
be removed forthwith from such polling place.
    Candidates seeking office in a district  or  municipality
encompassing  2 or more counties who desire to be admitted to
polling  places  on  election  day  in   such   district   or
municipality  shall  be  required to have proper credentials.
Such credentials shall be printed in  sufficient  quantities,
shall   be  issued  by  and  under  the  facsimile  fascimile
signature  of  the  election  authority   of   the   election
jurisdiction  where  the polling place in which the candidate
seeks admittance is  located,  and  shall  be  available  for
distribution  at  least  2 weeks prior to the election.  Such
credentials shall be signed by the candidate.
    Candidate  credentials  shall  be  in  substantially  the
following form:

                    CANDIDATE CREDENTIALS
    TO THE JUDGES OF ELECTION:
    In accordance with the provisions of the Election Code, I
...... (name  of  candidate)  hereby  certify  that  I  am  a
candidate for ....... (name of office) and seek admittance to
.......  precinct  of the ....... ward (if applicable) of the
....... (township or municipality) of ....... at the  .......
election to be held on ...., 19.... (date).
.........................             .......................
(Signature of Candidate)              OFFICE FOR WHICH
                                      CANDIDATE SEEKS
                                      NOMINATION OR
                                      ELECTION

    Pollwatchers   shall   be   permitted   to   observe  all
proceedings relating to the conduct of the  election  and  to
station  themselves  in a position in the voting room as will
enable them  to  observe  the  judges  making  the  signature
comparison  between  the  voter  application  and  the  voter
registration   record  card;  provided,  however,  that  such
pollwatchers shall not be permitted to station themselves  in
such  close  proximity  to  the  judges  of election so as to
interfere with the orderly conduct of the election and  shall
not, in any event, be permitted to handle election materials.
Pollwatchers    may    challenge   for   cause   the   voting
qualifications of a person offering to vote and may  call  to
the  attention  of  the  judges  of  election  any  incorrect
procedure or apparent violations of this Code.
    If  a  majority  of the judges of election determine that
the  polling  place   has   become   too   overcrowded   with
pollwatchers  so  as to interfere with the orderly conduct of
the  election,  the  judges  shall,  by   lot,   limit   such
pollwatchers   to  a  reasonable  number,  except  that  each
candidate and each established or new political  party  shall
be permitted to have at least one pollwatcher present.
    Representatives  of an election authority, with regard to
an election under  its  jurisdiction,;  the  State  Board  of
Elections,  and  law  enforcement agencies, including but not
limited to a United States Attorney, a State's attorney,  the
Attorney  General,  and  a  State,  county,  or  local police
department, in the performance  of  their  official  election
duties,  shall  be permitted at all times to enter and remain
in the polling place.  Upon entering the polling place,  such
representatives  shall  display their official credentials or
other identification to the judges of election.
    Uniformed police officers assigned to polling place  duty
shall  follow  all  lawful  instructions  of  the  judges  of
election.
    The  provisions  of  this  Section  shall  also  apply to
supervised casting of absentee ballots as provided in Section
19-12.2 of this Act.
(Source: P.A. 86-867; revised 8-7-97.)

    (10 ILCS 5/16-4.1) (from Ch. 46, par. 16-4.1)
    Sec.  16-4.1.   Ballots;  Form;  Consolidated  Elections.
This Section shall apply only  to  the  consolidated  primary
election,  and the consolidated election, except as otherwise
expressly provided herein.
    The ballot for the nomination or election of officers  of
each  political  subdivision  shall  be considered a separate
ballot, and candidates for  such  offices  shall  be  grouped
together.   Where  paper  ballots  are  used,  the  names  of
candidates  for  nomination  or  election  to  more  than one
political subdivision may be contained on  a  common  ballot,
provided  that  such  ballot  clearly indicates and separates
each political subdivision from which such officers are to be
nominated or elected.
    At the  consolidated  election,  the  ballot  for  school
district  offices  shall  precede  the  ballot  for community
college district offices, and thereafter the ballot order  of
the  political subdivision officers to be elected shall be as
determined by the election authority.  In the case of  school
districts other than community consolidated school districts,
the ballot for non-high school district offices shall precede
the ballot for high school district offices.
    At  the  consolidated  primary  and  at  the consolidated
election, the ballot for nomination or election of  municipal
officers  shall precede the ballot for township officers.  At
the consolidated election, following the ballot for municipal
and township offices shall be the ballots for  park  district
and  library  district  offices, following which shall be the
ballots for other political subdivision offices in the  order
determined by the election authority.
    The  election  authority,  in  determining  the  order of
ballot placement for offices of political subdivisions  whose
ballot placement is not specified in this Section, shall give
due  regard  to the clarity of the ballot presentation to the
voters, cost and administrative ease, and the requirement  to
provide separate ballot formats within precincts in which the
electors  are  not  entitled  to vote for the same offices or
propositions.  At the  request  of  a  political  subdivision
which  extends  into more than one election jurisdiction, the
election authority shall endeavor to coordinate placement and
color of the ballot  for  such  subdivision  with  the  other
election  authorities  responsible  for preparing ballots for
such  subdivision  election.   The  election  authority   may
conduct  a lottery to determine the order of ballot placement
of political subdivision ballots  where  such  order  is  not
specified  in  this  Section.   Such lottery may be conducted
jointly by two or more election authorities.
(Source: P.A. 89-700,  eff.  1-17-97;  90-358,  eff.  1-1-98;
revised 11-13-97.)

    (10 ILCS 5/17-23) (from Ch. 46, par. 17-23)
    Sec.  17-23.  Pollwatchers in a general election shall be
authorized in the following manner:
    (1)  Each established political party shall  be  entitled
to  appoint two pollwatchers per precinct.  Such pollwatchers
must be affiliated with the political party  for  which  they
are  pollwatching.   For all elections, except as provided in
subsection (4), one pollwatcher must be  registered  to  vote
from  a  residence in the county in which he is pollwatching.
The second pollwatcher must be  registered  to  vote  from  a
residence   in   the   precinct   or  ward  in  which  he  is
pollwatching.
    (2)  Each candidate shall  be  entitled  to  appoint  two
pollwatchers   per   precinct.    For   all   elections,  one
pollwatcher must be registered to vote from  a  residence  in
the   county   in  which  he  is  pollwatching.   The  second
pollwatcher must be registered to vote from  a  residence  in
the precinct or ward in which he is pollwatching.
    (3)  Each  organization  of citizens within the county or
political  subdivision,  which  has  among  its  purposes  or
interests  the  investigation  or  prosecution  of   election
frauds,  and which shall have registered its name and address
and the name and addresses of its principal officers with the
proper  election  authority  at  least  40  days  before  the
election, shall be entitled to appoint  one  pollwatcher  per
precinct.   For  all  elections,  such  pollwatcher  must  be
registered to vote from a residence in the county in which he
is pollwatching.
    (4)  In any general election held to elect candidates for
the   offices  of  a  municipality  of  less  than  3,000,000
population  that  is  situated  in  2  or  more  counties,  a
pollwatcher who is a resident of a county in which  any  part
of the municipality is situated shall be eligible to serve as
a  pollwatcher  in any poll located within such municipality,
provided that such pollwatcher otherwise  complies  with  the
respective  requirements  of  subsections  (1) through (3) of
this Section and is a registered  voter  whose  residence  is
within the municipality.
    (5)  Each organized group of proponents or opponents of a
ballot  proposition, which shall have registered the name and
address of its organization or committee  and  the  name  and
address of its chairman with the proper election authority at
least  40  days  before  the  election,  shall be entitled to
appoint one pollwatcher per precinct.  Such pollwatcher  must
be registered to vote from a residence in the county in which
the ballot proposition is being voted upon.
    All   pollwatchers  shall  be  required  to  have  proper
credentials.  Such credentials shall be printed in sufficient
quantities, shall  be  issued  by  and  under  the  facsimile
signature(s) of the election authority and shall be available
for distribution at least 2 weeks prior to the election. Such
credentials  shall  be  authorized  by  the real or facsimile
signature of  the  State  or  local  party  official  or  the
candidate  or the presiding officer of the civic organization
or the chairman of the proponent or opponent  group,  as  the
case may be.
    Pollwatcher  credentials  shall  be  in substantially the
following form:

                   POLLWATCHER CREDENTIALS
TO THE JUDGES OF ELECTION:
    In   accordance  with  the   provisions of  the  Election
Code, the undersigned hereby  appoints  ..........  (name  of
pollwatcher)  who  resides  at  ........... (address) in  the
county of ..........., .......... (township or  municipality)
of  ...........  (name),  State  of  Illinois and who is duly
registered  to  vote  from  this   address,  to   act  as   a
pollwatcher  in  the  ........... precinct of the ...........
ward  (if  applicable)  of   the  ...........  (township   or
municipality)  of ........... at  the ........... election to
be held on .........., 19.. (date).
........................  (Signature of Appointing Authority)
......................... TITLE  (party official,  candidate,
                                civic organization president,
                        proponent or opponent group chairman)

    Under penalties provided by law pursuant to Section 29-10
of the Election Code, the undersigned  pollwatcher  certifies
that  he  or she resides at ................ (address) in the
county of ............, ......... (township or  municipality)
of  ...........  (name),  State  of  Illinois,  and  is  duly
registered to vote from that address.
..........................            .......................
(Precinct and/or Ward in           (Signature of Pollwatcher)
Which Pollwatcher Resides)

    Pollwatchers must present their credentials to the Judges
of  Election  upon  entering  the polling place.  Pollwatcher
credentials properly executed and signed shall  be  proof  of
the  qualifications  of  the  pollwatcher authorized thereby.
Such credentials are retained by the Judges and  returned  to
the Election Authority at the end of the day of election with
the   other  election  materials.   Once  a  pollwatcher  has
surrendered a valid credential, he may leave and reenter  the
polling  place  provided that such continuing action does not
disrupt the conduct of the  election.   Pollwatchers  may  be
substituted  during  the  course  of the day, but established
political   parties,   candidates   and    qualified    civic
organizations can have only as many pollwatchers at any given
time  as  are  authorized in this Article.  A substitute must
present his signed credential to the judges of election  upon
entering   the  polling  place.   Election  authorities  must
provide a sufficient  number  of  credentials  to  allow  for
substitution  of  pollwatchers.   After the polls have closed
pollwatchers shall be allowed to remain until the canvass  of
votes  is  completed; but may leave and reenter only in cases
of necessity, provided that such action is not so  continuous
as to disrupt the canvass of votes.
    Candidates  seeking  office in a district or municipality
encompassing 2 or more counties shall be admitted to any  and
all  polling  places throughout such district or municipality
without regard to the counties in which such  candidates  are
registered  to  vote.   Actions  of  such candidates shall be
governed in each polling place by  the  same  privileges  and
limitations  that  apply  to pollwatchers as provided in this
Section.  Any such candidate who engages in an activity in  a
polling  place  which  could  reasonably  be  construed  by a
majority of the judges of election as campaign activity shall
be removed forthwith from such polling place.
    Candidates seeking office in a district  or  municipality
encompassing  2 or more counties who desire to be admitted to
polling  places  on  election  day  in   such   district   or
municipality  shall  be  required to have proper credentials.
Such credentials shall be printed in  sufficient  quantities,
shall   be  issued  by  and  under  the  facsimile  fascimile
signature  of  the  election  authority   of   the   election
jurisdiction  where  the polling place in which the candidate
seeks admittance is  located,  and  shall  be  available  for
distribution  at  least  2 weeks prior to the election.  Such
credentials shall be signed by the candidate.
    Candidate  credentials  shall  be  in  substantially  the
following form:

                    CANDIDATE CREDENTIALS
    TO THE JUDGES OF ELECTION:
    In accordance with the provisions of the Election Code, I
...... (name  of  candidate)  hereby  certify  that  I  am  a
candidate for ....... (name of office) and seek admittance to
.......  precinct  of the ....... ward (if applicable) of the
....... (township or municipality) of ....... at the  .......
election to be held on ...., 19.... (date).
.........................             .......................
(Signature of Candidate)              OFFICE FOR WHICH
                                      CANDIDATE SEEKS
                                      NOMINATION OR
                                      ELECTION

    Pollwatchers   shall   be   permitted   to   observe  all
proceedings relating to the conduct of the  election  and  to
station  themselves  in a position in the voting room as will
enable them  to  observe  the  judges  making  the  signature
comparison  between  the  voter  application  and  the  voter
registration   record  card;  provided,  however,  that  such
pollwatchers shall not be permitted to station themselves  in
such  close  proximity  to  the  judges  of election so as to
interfere with the orderly conduct of the election and  shall
not, in any event, be permitted to handle election materials.
Pollwatchers    may    challenge   for   cause   the   voting
qualifications of a person offering to vote and may  call  to
the  attention  of  the  judges  of  election  any  incorrect
procedure or apparent violations of this Code.
    If  a  majority  of the judges of election determine that
the  polling  place   has   become   too   overcrowded   with
pollwatchers  so  as to interfere with the orderly conduct of
the  election,  the  judges  shall,  by   lot,   limit   such
pollwatchers   to  a  reasonable  number,  except  that  each
established or new political party shall be permitted to have
at least one pollwatcher present.
    Representatives of an election authority, with regard  to
an  election  under  its  jurisdiction,;  the  State Board of
Elections, and law enforcement agencies,  including  but  not
limited  to a United States Attorney, a State's attorney, the
Attorney General,  and  a  State,  county,  or  local  police
department,  in  the  performance  of their official election
duties, shall be permitted at all times to enter  and  remain
in  the polling place.  Upon entering the polling place, such
representatives shall display their official  credentials  or
other identification to the judges of election.
    Uniformed  police officers assigned to polling place duty
shall  follow  all  lawful  instructions  of  the  judges  of
election.
    The provisions  of  this  Section  shall  also  apply  to
supervised casting of absentee ballots as provided in Section
19-12.2 of this Act.
(Source: P.A. 86-867; revised 8-7-97.)

    (10 ILCS 5/20-13.1) (from Ch. 46, par. 20-13.1)
    Sec.  20-13.1.  Any  person not covered by Sections 20-2,
20-2.1 or 20-2.2 of this Article who is  registered  to  vote
but  who is disqualified from voting because he moved outside
his  election  precinct  during  the  30  days  preceding   a
presidential  election  may  make  special application to the
election authority having jurisdiction over his  precinct  of
former  residence  by  mail, not more than 30 nor less than 5
days before a Federal election, or in person in the office of
the election authority, not more than 30 nor less than 1  day
before a Federal election, for an absentee ballot to vote for
the president and vice-president only. Such application shall
be  furnished  by  the  election  authority  and  shall be in
substantially the following form:
                  SPECIAL VOTER APPLICATION
    (For use by registered Illinois voters  disqualified  for
having  moved outside their precinct on or after the 30th day
preceding  the  election,   to   vote   for   president   and
vice-president only.)
    1.  I  hereby  request a ballot to vote for president and
vice-president only on .......... (insert date of or  general
election).
    2.  I  am  a  citizen of the United States and my present
address   is:   ....................    (Residence    Number)
..........            (Street)           ....................
(City/Village/Township)   ..........   (County)    ..........
(State).
    3.  As   of   ..........   (Month),   ..........   (Day),
..........  (Year)  I  was  a  registered voter at ..........
(Residence Number) ..........  (Street)  ....................
(City/Village/Township).
    4.  I  moved  to my present address on .......... (Month)
.......... (Day) .......... (Year).
    5.  I have  not  registered  to  vote  from  nor  have  I
requested a ballot in any other election jurisdiction in this
State or in another State.
    6.  (If  absentee  request),  I request that you mail the
ballot to the following address:
    Print name and complete mailing address.
    ........................................
    ........................................
    ........................................
    Under the  penalties  as  provided  by  law  pursuant  to
Article  29  of  The Election Code, the undersigned certifies
that the statements set forth in this  application  are  true
and correct.
                                     ........................
                                     (Signature of Applicant)
    7.  Subscribed  and  sworn  to  before  me  on ..........
(Month) .......... (Day) .......... (Year)
                                     ........................
                                       (Signature of Official
                                          Administering Oath)
    The procedures set forth in Sections 20-4  through  20-12
of  this  Article,  insofar  as  they may be made applicable,
shall be applicable to absentee voting under this Section.
(Source: P.A. 81-953; revised 12-18-97.)

    (10 ILCS 5/23-6.1) (from Ch. 46, par. 23-6.1)
    Sec. 23-6.1. Whenever an election contest for a municipal
trustee or alderman is brought  involving  ballots  from  the
same  precincts  which are subject to the jurisdiction of the
circuit court by  virtue  of  the  pendency  of  an  election
contest for another office, the municipal council or board of
trustees   having  jurisdiction  of  the  municipal  election
contest shall have priority of access and possession  of  the
ballots  and  other  election  materials  for  the purpose of
conducting a recount  or  other  related  proceedings  for  a
period of 30 days following the commencement of the municipal
election  contest.   The  election authority shall notify the
court and the municipal council  or  board  of  the  pendency
pendancy   of   all  other  contests  relating  to  the  same
precincts.
(Source: P.A. 81-1433; revised 7-21-97.)

    Section 15.  The Secretary of State  Act  is  amended  by
changing Section 11.1 as follows:

    (15 ILCS 305/11.1)
    Sec.  11.1.   Acid  free  paper.   The Secretary of State
shall develop guidelines for using of  acid  free  paper  for
permanent documents intended for archival storage.
(Source: P.A. 88-68; revised 12-18-97.)

    Section 16.  The State Library Act is amended by changing
Section 4 as follows:

    (15 ILCS 320/4) (from Ch. 128, par. 104)
    Sec. 4. Regional library districts.  The counties of this
State  shall be divided into 6 six regional library districts
as follows:
    District  1  --   Jo   Daviess,   Stephenson   Stevenson,
Winnebago,  Boone,  McHenry,  Lake,  Carroll,  Ogle,  DeKalb,
Whiteside, Lee, Rock Island, Henry, Bureau, LaSalle, Kendall,
Stark, Putnam, Marshall, Grundy.
    District 2 -- Kane, Cook, DuPage, Will.
    District  3  --  Kankakee,  Livingston, Iroquois, McLean,
Ford, Vermilion, Champaign, DeWitt, Piatt, Macon,  Christian,
Shelby, Moultrie, Douglas, Edgar, Coles, Clark, Cumberland.
    District  4  -- Mercer, Knox, Peoria, Woodford, Tazewell,
Fulton,  Warren,  Henderson,   Hancock,   McDonough,   Adams,
Schuyler,  Mason,  Logan,  Menard, Cass, Brown, Pike, Morgan,
Sangamon, Scott, Greene, Calhoun, Jersey.
    District  5  --  Macoupin,  Montgomery,  Madison,   Bond,
Fayette,  Effingham,  Jasper,  Crawford,  Lawrence, Richland,
Clay,  Marion,  Clinton,  St.  Clair,   Monroe,   Washington,
Jefferson, Perry, Randolph.
    District  6 -- Jackson, Franklin, Wayne, Edwards, Wabash,
White,  Hamilton,  Gallatin,   Saline,   Williamson,   Union,
Johnson, Pope, Hardin, Alexander, Pulaski, Massac.
(Source: P.A. 77-1690; revised 8-7-97.)

    Section  17.   The Deposit of State Moneys Act is amended
by changing Section 22.5 as follows:

    (15 ILCS 520/22.5) (from Ch. 130, par. 41a)
    Sec. 22.5.  The State Treasurer may, with the approval of
the Governor, invest and reinvest  any  State  money  in  the
treasury which is  not needed for current expenditures due or
about  to  become  due,  in obligations of the  United States
government  or  its  agencies   or   of   National   Mortgage
Associations  established  by  or  under the National Housing
Act, 1201 U.S.C. 1701 et. seq., or in mortgage  participation
certificates  representing  undivided interests in specified,
first-lien conventional residential Illinois  mortgages  that
are  underwritten,  insured,  guaranteed, or purchased by the
Federal Home  Loan  Mortgage  Corporation  or  in  Affordable
Housing  Program  Trust Fund Bonds or Notes as defined in and
issued pursuant to the Illinois Housing Development Act.  All
such obligations shall be  considered  as  cash  and  may  be
delivered over as cash by a State Treasurer to his successor.
    The  State  Treasurer  may,  with  the  approval  of  the
Governor,  purchase  any  state  bonds  with any money in the
State Treasury that has been  set  aside  and  held  for  the
payment   of  the principal of and interest on the bonds. The
bonds shall be considered as cash and may be  delivered  over
as cash by the State Treasurer to his successor.
    The  State  Treasurer  may,  with  the  approval  of  the
Governor, invest or reinvest any  State money in the treasury
that  is  not  needed for current expenditure due or about to
become due, or any money in the State Treasury that has  been
set  aside  and  held for the payment of the principal of and
the interest on any  State  bonds,  in  shares,  withdrawable
accounts, and investment certificates of savings and building
and  loan  associations,  incorporated under the laws of this
State or any other state or under  the  laws  of  the  United
States;  provided, however, that investments may be made only
in those savings and loan or building and  loan  associations
the  shares  and  withdrawable  accounts  or   other forms of
investment securities of which are  insured  by  the  Federal
Deposit Insurance Corporation.
    The  State  Treasurer  may  not invest State money in any
savings and loan or building and loan  association  unless  a
commitment  by  the  savings  and loan (or building and loan)
association, executed by the  president  or  chief  executive
officer  of  that association,  is submitted in the following
form:
         The .................. Savings and Loan (or Building
    and Loan) Association pledges not  to reject  arbitrarily
    mortgage  loans  for  residential  properties  within any
    specific part of the community served by the savings  and
    loan  (or  building and loan) association because  of the
    location of the  property.   The  savings  and  loan  (or
    building and loan) association also pledges to make loans
    available on low and moderate income residential property
    throughout  the  community within the limits of its legal
    restrictions and prudent financial practices.
    The  State  Treasurer  may,  with  the  approval  of  the
Governor, invest or reinvest, at a price not to  exceed  par,
any  State  money  in  the  treasury  that  is not needed for
current expenditures due or about to become due, or any money
in the State Treasury  that has been set aside and  held  for
the  payment  of  the principal of and interest on  any State
bonds, in bonds issued by counties or municipal  corporations
of the State of Illinois.
    The  State  Treasurer  may,  with  the  approval  of  the
Governor,  invest or reinvest any State money in the Treasury
which is not needed for current expenditure, due or about  to
become due, or any money in the State Treasury which has been
set  aside  and  held for the payment of the principal of and
the interest on any State bonds, in participations in  loans,
the  principal  of which participation is fully guaranteed by
an agency or instrumentality of the United States government;
provided,  however,  that  such   loan   participations   are
represented  by  certificates  issued only by banks which are
incorporated under the laws of this State or any other  state
or  under  the laws of the United States, and such banks, but
not the loan participation certificates, are insured  by  the
Federal Deposit Insurance Corporation.
    The  State  Treasurer  may,  with  the  approval  of  the
Governor,  invest or reinvest any State money in the Treasury
that is not needed for current expenditure, due or  about  to
become  due, or any money in the State Treasury that has been
set aside and held for the payment of the  principal  of  and
the interest on any State bonds, in any of the following:
         (1)  Bonds,  notes,  certificates  of  indebtedness,
    Treasury  bills,  or  other  securities  now or hereafter
    issued that are guaranteed by the full faith  and  credit
    of  the  United  States  of  America  as to principal and
    interest.
         (2)  Bonds,  notes,  debentures,  or  other  similar
    obligations  of  the  United  States  of   America,   its
    agencies, and instrumentalities.
         (3)  Interest-bearing        savings       accounts,
    interest-bearing      certificates      of       deposit,
    interest-bearing  time deposits, or any other investments
    constituting direct obligations of any bank as defined by
    the Illinois Banking Act.
         (4)  Interest-bearing  accounts,   certificates   of
    deposit,  or  any  other  investments constituting direct
    obligations  of  any  savings   and   loan   associations
    incorporated  under  the  laws of this State or any other
    state or under the laws of the United States.
         (5)  Dividend-bearing    share    accounts,    share
    certificate accounts, or class of  share  accounts  of  a
    credit  union  chartered  under the laws of this State or
    the laws of the United  States;  provided,  however,  the
    principal  office  of  the  credit  union must be located
    within the State of Illinois.
         (6)  Bankers'  acceptances  of  banks  whose  senior
    obligations are rated in the top 2 rating categories by 2
    national rating agencies and maintain that rating  during
    the term of the investment.
         (7)  Short-term    obligations    of    corporations
    organized  in  the  United  States  with assets exceeding
    $500,000,000 if (i) the obligations are rated at the time
    of purchase at  one  of  the  3  highest  classifications
    established  by  at  least 2 standard rating services and
    mature not later than 180 days from the date of purchase,
    (ii) the purchases do not exceed 10% of the corporation's
    outstanding obligations, and (iii) no more than one-third
    of the public agency's funds are invested  in  short-term
    obligations of corporations.
         (8)  Money  market mutual funds registered under the
    Investment  Company  Act  of  1940,  provided  that   the
    portfolio  of  the money market mutual fund is limited to
    obligations described in this Section and  to  agreements
    to repurchase such obligations.
         (9)  The  Public Treasurers' Investment Pool created
    under Section 17 of the State Treasurer Act or in a  fund
    managed, operated, and administered by a bank.
         (10)  Repurchase agreements of government securities
    having  the  meaning set out in the Government Securities
    Act of 1986 subject to the provisions of that Act and the
    regulations issued thereunder.
    For purposes of this Section, "agencies"  of  the  United
States Government includes:
         (i)  the  federal  land  banks, federal intermediate
    credit banks, banks for cooperatives, federal farm credit
    banks, or any  other  entity  authorized  to  issue  debt
    obligations  under the Farm Credit Act of 1971 (12 U.S.C.
    2001 et. seq.) and Acts amendatory thereto;
         (ii)  the federal home loan banks  and  the  federal
    home loan mortgage corporation;
         (iii)  the Commodity Credit Corporation; and
         (iv)  any other agency created by Act of Congress.
    The  Treasurer  may,  with  the approval of the Governor,
lend  any  securities  acquired  under  this  Act.   However,
securities may be lent under this Section only in  accordance
with   Federal   Financial  Institution  Examination  Council
guidelines and only if the securities are collateralized at a
level sufficient to assure  the  safety  of  the  securities,
taking into account market value fluctuation.  The securities
may  be collateralized by cash or collateral acceptable under
Sections 11 and 11.1.
(Source: P.A. 87-331; 87-895; 87-1131; 88-45; 88-93;  88-640,
eff. 7-1-95; revised 6-27-97.)

    Section  18.   The  Alcoholism  and  Other Drug Abuse and
Dependency  Act  is  amended  by  changing  Section  30-5  as
follows:

    (20 ILCS 301/30-5)
    Sec. 30-5.  Patients' rights established.
    (a)  For purposes of this Section,  "patient"  means  any
person   who  is  receiving  or  has  received  intervention,
treatment or aftercare services under this Act.
    (b)  No patient who is  receiving  or  who  has  received
intervention,  treatment or aftercare services under this Act
shall be deprived of  any  rights,  benefits,  or  privileges
guaranteed  by  law, the Constitution of the United States of
America, or the Constitution of the State of Illinois  solely
because of his status as a patient of a program.
    (c)  Persons  who  abuse  or  are dependent on alcohol or
other drugs who are also suffering  from  medical  conditions
shall  not be discriminated against in admission or treatment
by any hospital which receives support in any form  from  any
program  supported  in whole or in part by funds appropriated
to any State department or agency.
    (d)  Every  patient  shall  have  impartial   access   to
services  without  regard  to race, religion, sex, ethnicity,
age or handicap.
    (e)  Patients shall be permitted  the  free  exercise  of
religion.
    (f)  Every patient's personal dignity shall be recognized
in  the  provision  of  services,  and  a  patient's personal
privacy shall be assured and protected within the constraints
of his individual  treatment plan.
    (g)  Treatment services shall be provided  in  the  least
restrictive environment possible.
    (h)  Each   patient   shall  be  provided  an  individual
treatment plan, which  shall  be  periodically  reviewed  and
updated as necessary.
    (i)  Every  patient  shall be permitted to participate in
the planning of his total care and medical treatment  to  the
extent that his condition permits.
    (j)  A  person  shall  not  be  denied  treatment  solely
because  he  has  withdrawn  from  treatment  against medical
advice on a prior occasion or because he has  relapsed  after
earlier  treatment  or,  when  in  medical crisis, because of
inability to pay.
    (k)  The patient in treatment shall be  permitted  visits
by  family  and  significant  others,  unless such visits are
clinically contraindicated.
    (l)  A patient in treatment shall be allowed  to  conduct
private  telephone  conversations  with  family  and  friends
unless clinically contraindicated.
    (m)  A  patient  shall  be  permitted to send and receive
mail  without   hindrance   hinderance,   unless   clinically
contraindicated.
    (n)  A  patient  shall  be  permitted  to  manage his own
financial affairs unless  he  or  his  guardian,  or  if  the
patient  is a minor, his parent, authorizes another competent
person to do so.
    (o)  A patient shall be permitted to request the  opinion
of a consultant at his own expense, or to request an in-house
review  of  a  treatment  plan,  as  provided in the specific
procedures of the provider.   A  treatment  provider  is  not
liable for the negligence of any consultant.
    (p)  Unless otherwise prohibited by State or federal law,
every  patient  shall  be  permitted  to  obtain from his own
physician, the treatment provider or the treatment provider's
consulting  physician  complete   and   current   information
concerning the nature of care, procedures and treatment which
he will receive.
    (q)  A   patient   shall   be   permitted  to  refuse  to
participate in any experimental research or medical procedure
without compromising his access  to  other,  non-experimental
services.   Before  a  patient  is  placed in an experimental
research or medical procedure, the provider must first obtain
his informed written consent or  otherwise  comply  with  the
federal   requirements  regarding  the  protection  of  human
subjects contained in 45 C.F.R. Part 46.
    (r)  All  medical  treatment  and  procedures  shall   be
administered  as  ordered by a physician.  In order to assure
compliance  by  the  treatment  program  with  all  physician
orders, all new physician orders shall  be  reviewed  by  the
treatment  program's staff within a reasonable period of time
after such orders have been issued.  "Medical  treatment  and
procedures"  means those services that can be ordered only by
a physician licensed to  practice  medicine  in  all  of  its
branches in Illinois.
    (s)  Every  patient  shall be permitted to refuse medical
treatment and to know the consequences of such action.   Such
refusal  by  a  patient shall free the treatment program from
the obligation to provide the treatment.
    (t)  Unless otherwise prohibited by State or federal law,
every patient, patient's guardian, or parent, if the  patient
is  a  minor,  shall  be  permitted  to  inspect and copy all
clinical and other records kept by the treatment  program  or
by  his  physician  concerning his care and maintenance.  The
treatment program or physician may charge  a  reasonable  fee
for the duplication of a record.
    (u)  No owner, licensee, administrator, employee or agent
of  a treatment program shall abuse or neglect a patient.  It
is the duty of any program  employee  or  agent  who  becomes
aware of such abuse or neglect to report it to the Department
immediately.
    (v)  The  administrator of a program may refuse access to
the program to any person if the actions of that person while
in the program are or could be injurious to  the  health  and
safety  of  a  patient or the program, or if the person seeks
access to the program for commercial purposes.
    (w)  A patient may be discharged from a program after  he
gives  the  administrator  written notice of his desire to be
discharged or upon completion of  his  prescribed  course  of
treatment.  No  patient  shall  be  discharged or transferred
without the preparation of a post-treatment aftercare plan by
the program.
    (x)  Patients and their families or legal guardians shall
have the right to present complaints concerning  the  quality
of  care provided to the patient, without threat of discharge
or reprisal in any form or manner whatsoever.  The  treatment
provider  shall  have  in place a mechanism for receiving and
responding to such complaints, and shall inform  the  patient
and his family or legal guardian of this mechanism and how to
use  it.   The  provider shall analyze any complaint received
and, when  indicated,  take  appropriate  corrective  action.
Every  patient  and  his  family member or legal guardian who
makes a complaint shall receive a timely  response  from  the
provider  which  substantively  addresses the complaint.  The
provider shall inform the patient and  his  family  or  legal
guardian  about  other  sources of assistance if the provider
has not resolved the complaint to  the  satisfaction  of  the
patient or his family or legal guardian.
    (y)  A  resident may refuse to perform labor at a program
unless such labor is  a  part  of  his  individual  treatment
program as documented in his clinical record.
    (z)  A  person  who is in need of treatment may apply for
voluntary admission to a treatment program in the manner  and
with the rights provided for under regulations promulgated by
the  Department.   If  a  person  is  refused  admission to a
licensed treatment program, the staff of the program, subject
to rules promulgated  by  the  Department,  shall  refer  the
person to another treatment or other appropriate program.
    (aa)  No patient shall be denied services based solely on
HIV  status. Further, records and information governed by the
AIDS Confidentiality Act and  the  AIDS  Confidentiality  and
Testing  Code  (77 Ill. Adm. Code 697) shall be maintained in
accordance therewith.
    (bb)  Records of the identity,  diagnosis,  prognosis  or
treatment  of  any  patient maintained in connection with the
performance of any program or activity relating to alcohol or
other drug abuse or dependency education, early intervention,
intervention, training, treatment or rehabilitation which  is
regulated,  authorized, or directly or indirectly assisted by
any Department or agency of this State or under any provision
of this Act shall be confidential and may be  disclosed  only
in   accordance  with  the  provisions  of  federal  law  and
regulations concerning the  confidentiality  of  alcohol  and
drug abuse patient records as contained in 42 U.S.C. Sections
290dd-3 and 290ee-3 and 42 C.F.R. Part 2.
         (1)  The    following    are    exempt    from   the
    confidentiality  protections  set  forth  in  42   C.F.R.
    Section 2.12(c):
              (A)  Veteran's Administration records.
              (B)  Information obtained by the Armed Forces.
              (C)  Information  given  to  qualified  service
         organizations.
              (D)  Communications within a program or between
         a program and an entity having direct administrative
         control over that program.
              (E)  Information   given   to  law  enforcement
         personnel investigating a patient's commission of  a
         crime  on  the  program  premises or against program
         personnel.
              (F)  Reports under State law  of  incidents  of
         suspected   child   abuse  and  neglect;,  however,;
         confidentiality restrictions continue  to  apply  to
         the   records  and  any  follow-up  information  for
         disclosure and use in civil or criminal  proceedings
         arising  from  the  report  of  suspected  abuse  or
         neglect.
         (2)  If  the information is not exempt, a disclosure
    can be made only under the following circumstances:
              (A)  With patient consent as set  forth  in  42
         C.F.R.   Sections   2.1(b)(1)   and   2.31,  and  as
         consistent with pertinent State law.
              (B)  For medical emergencies as set forth in 42
         C.F.R. Sections 2.1(b)(2) and 2.51.
              (C)  For research activities as set forth in 42
         C.F.R. Sections 2.1(b)(2) and 2.52.
              (D)  For audit  evaluation  activities  as  set
         forth in 42 C.F.R. Section 2.53.
              (E)  With  a  court  order  as  set forth in 42
         C.F.R. Sections 2.61 through 2.67.
         (3)  The  restrictions  on  disclosure  and  use  of
    patient information  apply  whether  the  holder  of  the
    information  already has it, has other means of obtaining
    it, is a law enforcement or other official, has  obtained
    a  subpoena,  or  asserts  any  other justification for a
    disclosure or use which is not  permitted  by  42  C.F.R.
    Part  2.   Any  court  orders  authorizing  disclosure of
    patient records under  this  Act  must  comply  with  the
    procedures  and  criteria set forth in 42 C.F.R. Sections
    2.64 and 2.65.  Except as authorized  by  a  court  order
    granted under this Section, no record referred to in this
    Section  may  be  used  to  initiate  or substantiate any
    charges against a patient or to conduct any investigation
    of a patient.
         (4)  The prohibitions of this subsection shall apply
    to records concerning any person who has been a  patient,
    regardless of whether or when he ceases to be a patient.
         (5)  Any  person  who  discloses  the content of any
    record referred to in this Section except  as  authorized
    shall,   upon   conviction,   be  guilty  of  a  Class  A
    misdemeanor.
         (6)  The Department shall prescribe  regulations  to
    carry   out  the  purposes  of  this  subsection.   These
    regulations may contain such definitions, and may provide
    for such safeguards and procedures, including  procedures
    and  criteria for the issuance and scope of court orders,
    as in the judgment of the  Department  are  necessary  or
    proper  to  effectuate  the  purposes of this Section, to
    prevent  circumvention  or   evasion   thereof,   or   to
    facilitate compliance therewith.
    (cc)  Each  patient  shall be given a written explanation
of all the rights enumerated in this Section.  If  a  patient
is  unable to read such written explanation, it shall be read
to the patient in a language that the patient understands.  A
copy of all the rights enumerated in this  Section  shall  be
posted in a conspicuous place within the program where it may
readily be seen and read by program patients and visitors.
    (dd)  The program shall ensure that its staff is familiar
with  and observes the rights and responsibilities enumerated
in this Section.
(Source: P.A. 88-80; revised 8-7-97.)

    Section 19.  The Civil Administrative Code of Illinois is
amended by changing Section 67.23 as follows:

    (20 ILCS 405/67.23) (from Ch. 127, par. 63b13.23)
    Sec. 67.23. To administer the Statewide  Form  Management
Program  and  provisions  of  the Forms Notice Act "The Forms
Management Program Act", enacted  by  the  Eightieth  General
Assembly.
(Source: P.A. 80-1338; revised 9-24-97.)

    Section  20.   The  Personnel Code is amended by changing
Section 8b.7 as follows:

    (20 ILCS 415/8b.7) (from Ch. 127, par. 63b108b.7)
    Sec. 8b.7.  Veteran  preference.   For  the  granting  of
appropriate  preference in entrance examinations to qualified
persons who have been members of  the  armed  forces  of  the
United  States or to qualified persons who, while citizens of
the United States, were members of the armed forces of allies
of the United States in time of hostilities  with  a  foreign
country,  and  to  certain other persons as set forth in this
Section.
    (a)  As used in this Section:
         (1)  "Time of hostilities with  a  foreign  country"
    means  any period of time in the past, present, or future
    during which a declaration of war by  the  United  States
    Congress  has  been  or  is  in effect or during which an
    emergency condition has been or  is  in  effect  that  is
    recognized by the issuance of a Presidential proclamation
    or  a Presidential executive order and in which the armed
    forces expeditionary  medal  or  other  campaign  service
    medals  are  awarded  according to Presidential executive
    order.
         (2)  "Armed forces of the United States"  means  the
    United  States  Army,  Navy, Air Force, Marine Corps, and
    Coast  Guard.   Service  in  the  Merchant  Marine   that
    constitutes  active  duty  under  Section  401 of federal
    Public Law 95-202 shall also be considered service in the
    Armed Forces of the United States for  purposes  of  this
    Section.
    (b)  The  preference  granted under this Section shall be
in the form of points  added  to  the  final  grades  of  the
persons  if they otherwise qualify and are entitled to appear
on the list of those eligible for appointments.
    (c)  A veteran is qualified for a preference of 10 points
if the veteran currently holds proof of a  service  connected
disability  from  the  United  States  Department of Veterans
Affairs or an allied country or if the veteran is a recipient
of the Purple Heart.
    (d)  A  veteran  who  has  served  during   a   time   of
hostilities  with  a  foreign  country  is  qualified  for  a
preference  of  5  points  if the veteran served under one or
more of the following conditions:
         (1)  The veteran  served  a  total  of  at  least  6
    months, or
         (2)  The   veteran   served   for  the  duration  of
    hostilities regardless of the length of engagement, or
         (3)  The veteran was  discharged  on  the  basis  of
    hardship, or
         (4)  The  veteran  was  released  from  active  duty
    because  of  a service serve connected disability and was
    discharged under honorable conditions.
    (e)  A  person  not  eligible  for  a  preference   under
subsection  (c)  or  (d)  is  qualified for a preference of 3
points if the person has served in the armed  forces  of  the
United  States,  the  Illinois National Guard, or any reserve
component of the armed forces of the  United  States  if  the
person:  (1)  served  for  at  least  6  months  and has been
discharged  under  honorable  conditions  or  (2)  has   been
discharged on the ground of hardship or (3) was released from
active  duty  because  of a service connected disability.  An
active member of the National Guard or a reserve component of
the armed forces of the United States  is  eligible  for  the
preference  if  the  member meets the service requirements of
this subsection (e).
    (f)  The rank order of persons entitled to  a  preference
on  eligible  lists shall be determined on the basis of their
augmented ratings.  When the  Director  establishes  eligible
lists  on  the  basis of category ratings such as "superior",
"excellent", "well-qualified", and "qualified",  the  veteran
eligibles  in  each  such  category  shall  be  preferred for
appointment before the  non-veteran  eligibles  in  the  same
category.
    (g)  Employees  in  positions  covered  by jurisdiction B
who, while in good standing,  leave  to  engage  in  military
service  during  a period of hostility, shall be given credit
for seniority purposes for time served in the armed forces.
    (h)  A surviving unremarried  spouse  of  a  veteran  who
suffered a service connected death or the spouse of a veteran
who suffered a service connected disability that prevents the
veteran from qualifying for civil service employment shall be
entitled  to  the  same preference to which the veteran would
have been entitled under this Section.
    (i)  A preference shall also be given  to  the  following
individuals:   10  points  for  one  parent  of  an unmarried
veteran who suffered a service connected death or  a  service
connected   disability   that   prevents   the  veteran  from
qualifying for civil service employment.  The first parent to
receive a civil  service  appointment  shall  be  the  parent
entitled to the preference.
    (j)  The  Department of Central Management Services shall
adopt rules and  implement  procedures  to  verify  that  any
person seeking a preference under this Section is entitled to
the  preference.   A  person  seeking a preference under this
Section shall provide documentation or execute  any  consents
or  other  documents  required  by  the Department of Central
Management Services or any other State department  or  agency
to  enable the department or agency to verify that the person
is entitled to the preference.
(Source: P.A. 89-324,  eff.  8-13-95;  89-626,  eff.  8-9-96;
revised 1-15-98.)

    Section  21.   The  Children  and  Family Services Act is
amended by changing Sections 5, 17a-4, and 21 as follows:

    (20 ILCS 505/5) (from Ch. 23, par. 5005)
    Sec. 5.  Direct child  welfare  services;  Department  of
Children and Family Services. To provide direct child welfare
services  when  not available through other public or private
child care or program facilities.
    (a)  For purposes of this Section:
         (1)  "Children" means persons found within the State
    who are under  the  age  of  18  years.   The  term  also
    includes persons under age 19 who:
              (A)  were  committed to the Department pursuant
         to the Juvenile Court Act or the Juvenile Court  Act
         of  1987, as amended, prior to the age of 18 and who
         continue under the jurisdiction of the court; or
              (B)  were  accepted   for  care,  service   and
         training  by  the  Department prior to the age of 18
         and whose best interest in  the  discretion  of  the
         Department  would be served by continuing that care,
         service and training  because  of  severe  emotional
         disturbances, physical disability, social adjustment
         or  any  combination thereof, or because of the need
         to complete an educational  or  vocational  training
         program.
         (2)  "Homeless youth" means persons found within the
    State  who are under the age of 19, are not in a safe and
    stable living situation and cannot be reunited with their
    families.
         (3)  "Child welfare services"  means  public  social
    services  which are directed toward the accomplishment of
    the following purposes:
              (A)  protecting  and  promoting   the   health,
         safety  and welfare of children, including homeless,
         dependent or neglected children;
              (B)  remedying, or assisting in the solution of
         problems which may result in,  the  neglect,  abuse,
         exploitation or delinquency of children;
              (C)  preventing  the  unnecessary separation of
         children from their families by  identifying  family
         problems,  assisting  families  in  resolving  their
         problems,  and  preventing the breakup of the family
         where the prevention of child removal  is  desirable
         and possible when the child can be cared for at home
         without endangering the child's health and safety;
              (D)  restoring  to  their families children who
         have been removed, by the provision of  services  to
         the  child  and  the  families when the child can be
         cared for at home without  endangering  the  child's
         health and safety;
              (E)  placing   children  in  suitable  adoptive
         homes, in cases where restoration to the  biological
         family is not safe, possible or appropriate;
              (F)  assuring   safe   and   adequate  care  of
         children away from their homes, in cases  where  the
         child  cannot  be  returned home or cannot be placed
         for  adoption.   At  the  time  of  placement,   the
         Department  shall  consider  concurrent planning, as
         described in subsection (l-1)  of  this  Section  so
         that   permanency   may   occur   at   the  earliest
         opportunity.  Consideration should be given so  that
         if  reunification fails or is delayed, the placement
         made is the  best  available  placement  to  provide
         permanency for the child;
              (G)  (blank);
              (H)  (blank); and
              (I)  placing   and   maintaining   children  in
         facilities that provide separate living quarters for
         children under the age of 18  and  for  children  18
         years  of  age and older, unless a child 18 years of
         age is in the last year of high school education  or
         vocational  training,  in  an approved individual or
         group treatment program, or in  a  licensed  shelter
         facility. The Department is not required to place or
         maintain children:
                   (i)  who are in a foster home, or
                   (ii)  who are persons with a developmental
              disability, as defined in the Mental Health and
              Developmental Disabilities Code, or
                   (iii)  who  are  female  children  who are
              pregnant, pregnant and parenting or  parenting,
              or
                   (iv)  who are siblings,
         in  facilities that provide separate living quarters
         for children 18 years  of  age  and  older  and  for
         children under 18 years of age.
    (b)  Nothing  in  this  Section  shall  be  construed  to
authorize  the expenditure of public funds for the purpose of
performing abortions.
    (c)  The  Department   shall   establish   and   maintain
tax-supported  child  welfare services and extend and seek to
improve voluntary services throughout the State, to  the  end
that  services  and care shall be available on an equal basis
throughout the State to children requiring such services.
    (d)  The Director may authorize advance disbursements for
any new program initiative to any agency contracting with the
Department.   As a prerequisite for an advance  disbursement,
the contractor must post a surety bond in the amount  of  the
advance  disbursement and have a purchase of service contract
approved by the Department.  The Department may pay up  to  2
months  operational  expenses  in advance.  The amount of the
advance disbursement shall be prorated over the life  of  the
contract   or  the  remaining  months  of  the  fiscal  year,
whichever is less, and the installment amount shall  then  be
deducted    from    future   bills.    Advance   disbursement
authorizations for new initiatives shall not be made  to  any
agency  after  that  agency has operated during 2 consecutive
fiscal years. The requirements  of  this  Section  concerning
advance  disbursements  shall  not  apply with respect to the
following:  payments to local public agencies for  child  day
care  services  as  authorized by Section 5a of this Act; and
youth service programs receiving grant  funds  under  Section
17a-4.
    (e)  (Blank).
    (f)  (Blank).
    (g)  The Department shall establish rules and regulations
concerning  its  operation  of  programs designed to meet the
goals of child safety and  protection,  family  preservation,
family reunification, and adoption, including but not limited
to:
         (1)  adoption;
         (2)  foster care;
         (3)  family counseling;
         (4)  protective services;
         (5)  (blank);
         (6)  homemaker service;
         (7)  return of runaway children;
         (8)  (blank);
         (9)  placement  under  Section  5-7  of the Juvenile
    Court Act or Section 2-27, 3-28,  4-25  or  5-29  of  the
    Juvenile Court Act of 1987 in accordance with the federal
    Adoption Assistance and Child Welfare Act of 1980; and
         (10)  interstate services.
    Rules and regulations established by the Department shall
include  provisions  for  training  Department  staff and the
staff of Department grantees, through  contracts  with  other
agencies  or  resources,  in alcohol and drug abuse screening
techniques to identify children  and  adults  who  should  be
referred  to  an alcohol and drug abuse treatment program for
professional evaluation.
    (h)  If the Department finds that there is no appropriate
program or facility within or available to the Department for
a ward and that no licensed private facility has an  adequate
and  appropriate  program  or none agrees to accept the ward,
the Department shall create  an  appropriate  individualized,
program-oriented  plan  for  such  ward.   The  plan  may  be
developed  within  the  Department  or  through  purchase  of
services  by  the  Department to the extent that it is within
its statutory authority to do.
    (i)  Service programs shall be available  throughout  the
State  and  shall include but not be limited to the following
services:
         (1)  case management;
         (2)  homemakers;
         (3)  counseling;
         (4)  parent education;
         (5)  day care; and
         (6)  emergency assistance and advocacy.
    In addition, the following services may be made available
to assess and meet the needs of children and families:
         (1)  comprehensive family-based services;
         (2)  assessments;
         (3)  respite care; and
         (4)  in-home health services.
    The Department shall provide transportation  for  any  of
the  services  it  makes available to children or families or
for which it refers children or families.
    (j)  The Department may provide categories  of  financial
assistance   and   education  assistance  grants,  and  shall
establish rules and regulations concerning the assistance and
grants,  to  persons  who  adopt   physically   or   mentally
handicapped,  older  and  other  hard-to-place  children  who
immediately  prior  to their adoption were legal wards of the
Department.  The Department may also  provide  categories  of
financial  assistance  and  education  assistance grants, and
shall establish rules and regulations for the assistance  and
grants,  to  persons  appointed  guardian of the person under
Section 5-7 of the Juvenile Court Act or Section 2-27,  3-28,
4-25  or  5-29 of the Juvenile Court Act of 1987 for children
who were wards of the Department for  12  months  immediately
prior  to  the  appointment of the successor guardian and for
whom the Department  has  set  a  goal  of  permanent  family
placement with a foster family.
    The  amount  of  assistance  may vary, depending upon the
needs of the child and the adoptive parents, as set forth  in
the  annual assistance agreement.  Special purpose grants are
allowed where the child requires  special  service  but  such
costs may not exceed the amounts which similar services would
cost  the  Department if it were to provide or secure them as
guardian of the child.
    Any financial assistance provided under  this  subsection
is  inalienable  by  assignment, sale, execution, attachment,
garnishment, or any other remedy for recovery  or  collection
of a judgment or debt.
    (k)  The  Department  shall  accept for care and training
any child who has been adjudicated neglected  or  abused,  or
dependent  committed to it pursuant to the Juvenile Court Act
or the Juvenile Court Act of 1987.
    (l)  Before July 1, 2000, the Department may provide, and
beginning July 1, 2000, the Department shall provide,  family
preservation services, as determined to be appropriate and in
the  child's  best  interests and when the child will be safe
and not be in imminent risk of  harm,  to  any  family  whose
child  has  been  placed  in substitute care, any persons who
have adopted a child and require post-adoption  services,  or
any  persons  whose  child  or  children are at risk of being
placed outside their home as  documented  by  an  "indicated"
report   of  suspected  child  abuse  or  neglect  determined
pursuant to the Abused and  Neglected  Child  Reporting  Act.
Nothing  in  this  paragraph  shall  be construed to create a
private  right  of  action  or  claim  on  the  part  of  any
individual or child welfare agency.
    The Department shall notify the child and his  family  of
the  Department's  responsibility to offer and provide family
preservation services as identified in the service plan.  The
child and his family shall be eligible for services  as  soon
as   the   report  is  determined  to  be  "indicated".   The
Department may offer services to any  child  or  family  with
respect  to whom a report of suspected child abuse or neglect
has been filed, prior to concluding its  investigation  under
Section 7.12 of the Abused and Neglected Child Reporting Act.
However,  the  child's  or  family's  willingness  to  accept
services  shall  not be considered in the investigation.  The
Department may also provide services to any child  or  family
who  is the subject of any report of suspected child abuse or
neglect or  may  refer  such  child  or  family  to  services
available  from  other agencies in the community, even if the
report is determined to be unfounded, if  the  conditions  in
the child's or family's home are reasonably likely to subject
the  child  or  family  to  future reports of suspected child
abuse or neglect.   Acceptance  of  such  services  shall  be
voluntary.
    The  Department  may,  at its discretion except for those
children also adjudicated neglected or dependent, accept  for
care   and  training  any  child  who  has  been  adjudicated
addicted, as a truant minor in need of supervision  or  as  a
minor   requiring   authoritative   intervention,  under  the
Juvenile Court Act or the Juvenile Court Act of 1987, but  no
such  child shall be committed to the Department by any court
without the approval of the Department.  A minor charged with
a criminal  offense  under  the  Criminal  Code  of  1961  or
adjudicated  delinquent shall not be placed in the custody of
or committed to the Department by any court, except  a  minor
less  than  13 years of age committed to the Department under
Section 5-23 of the Juvenile Court Act of 1987.
    (l-1)  The legislature recognizes that the best interests
of the child require that the child be  placed  in  the  most
permanent  living  arrangement  as  soon  as  is  practically
possible.   To achieve this goal, the legislature directs the
Department  of  Children  and  Family  Services  to   conduct
concurrent  planning  so  that  permanency  may  occur at the
earliest  opportunity.   Permanent  living  arrangements  may
include prevention of placement of a child outside  the  home
of the family when the child can be cared for at home without
endangering  the child's health or safety; reunification with
the family, when safe and appropriate, if temporary placement
is necessary; or  movement  of  the  child  toward  the  most
permanent living arrangement and permanent legal status.
    When  a  child  is  placed in foster care, the Department
shall ensure and document that reasonable efforts  were  made
to prevent or eliminate the need to remove the child from the
child's home.  The Department must make reasonable efforts to
reunify  the  family  when  temporary  placement of the child
occurs  or  must  request  a  finding  from  the  court  that
reasonable  efforts  are  not  appropriate   or   have   been
unsuccessful.  At  any  time  after the dispositional hearing
where the  Department  believes  that  further  reunification
services  would be ineffective, it may request a finding from
the court that reasonable efforts are no longer  appropriate.
The   Department   is   not   required   to  provide  further
reunification services after such a finding.
    A decision to place a child in substitute care  shall  be
made  with  considerations of the child's health, safety, and
best interests.  At  the  time  of  placement,  consideration
should  also  be  given  so that if reunification fails or is
delayed, the placement made is the best  available  placement
to provide permanency for the child.
    The  Department  shall  adopt rules addressing concurrent
planning for reunification and  permanency.   The  Department
shall   consider   the  following  factors  when  determining
appropriateness of concurrent planning:
         (1)  the likelihood of prompt reunification;
         (2)  the past history of the family;
         (3)  the barriers to reunification  being  addressed
    by the family;
         (4)  the level of cooperation of the family;
         (5)  the  foster  parents'  willingness to work with
    the family to reunite;
         (6)  the  willingness  and  ability  of  the  foster
    family  to  provide  an  adoptive   home   or   long-term
    placement;
         (7)  the age of the child;
         (8)  placement of siblings.
    (m)  The  Department  may assume temporary custody of any
child if:
         (1)  it has  received  a  written  consent  to  such
    temporary  custody  signed by the parents of the child or
    by the parent having custody of the child if the  parents
    are  not  living together or by the guardian or custodian
    of the child if the child is not in the custody of either
    parent, or
         (2)  the child is found in the State and  neither  a
    parent,  guardian  nor  custodian  of  the  child  can be
    located.
If the child is found in  his  or  her  residence  without  a
parent,  guardian,  custodian  or  responsible caretaker, the
Department may, instead of removing the  child  and  assuming
temporary  custody, place an authorized representative of the
Department in that residence until such  time  as  a  parent,
guardian  or  custodian  enters  the  home  and  expresses  a
willingness and apparent ability to ensure the child's health
and safety and resume permanent charge of the child, or until
a  relative enters the home and is willing and able to ensure
the child's health and safety and assume charge of the  child
until  a  parent,  guardian  or custodian enters the home and
expresses such willingness and ability to ensure the  child's
safety  and  resume  permanent charge.  After a caretaker has
remained in the home for a period not to exceed 12 hours, the
Department must follow those procedures outlined  in  Section
2-9, 3-11, 4-8 or 5-9 of the Juvenile Court Act of 1987.
    The Department shall have the authority, responsibilities
and  duties  that  a  legal custodian of the child would have
pursuant to subsection (9) of Section  1-3  of  the  Juvenile
Court  Act of 1987.  Whenever a child is taken into temporary
custody pursuant to an investigation  under  the  Abused  and
Neglected  Child Reporting Act, or pursuant to a referral and
acceptance under the Juvenile Court Act of 1987 of a minor in
limited  custody,  the  Department,  during  the  period   of
temporary  custody  and  before the child is brought before a
judicial officer as required by Section 2-9, 3-11, 4-8 or 5-9
of the Juvenile Court Act of 1987, shall have the  authority,
responsibilities  and  duties  that  a legal custodian of the
child would have under subsection (9) of Section 1-3  of  the
Juvenile Court Act of 1987.
    The  Department  shall  ensure  that any child taken into
custody  is  scheduled  for  an  appointment  for  a  medical
examination.
    A parent,  guardian  or  custodian  of  a  child  in  the
temporary custody of the Department who would have custody of
the  child  if  he  were  not in the temporary custody of the
Department may deliver to the  Department  a  signed  request
that  the  Department  surrender the temporary custody of the
child. The Department may retain  temporary  custody  of  the
child  for  10  days after the receipt of the request, during
which period the Department may cause to be filed a  petition
pursuant to the Juvenile Court Act of 1987.  If a petition is
so  filed,  the  Department shall retain temporary custody of
the child until the court orders otherwise.  If a petition is
not filed within the  10  day  period,  the  child  shall  be
surrendered to the custody of the requesting parent, guardian
or  custodian  not  later  than  the expiration of the 10 day
period, at  which  time  the  authority  and  duties  of  the
Department with respect to the temporary custody of the child
shall terminate.
    (n)  The  Department may place children under 18 years of
age in licensed child care facilities when in the opinion  of
the   Department,   appropriate   services  aimed  at  family
preservation have been unsuccessful  and  cannot  ensure  the
child's  health  and  safety  or  are  unavailable  and  such
placement  would  be  for  their  best  interest. Payment for
board, clothing, care, training and supervision of any  child
placed  in  a licensed child care facility may be made by the
Department, by the parents or guardians  of  the  estates  of
those  children, or by both the Department and the parents or
guardians, except that no  payments  shall  be  made  by  the
Department  for  any  child  placed  in a licensed child care
facility for board, clothing, care, training and  supervision
of  such  a  child that exceed the average per capita cost of
maintaining and of caring for a  child  in  institutions  for
dependent  or  neglected children operated by the Department.
However, such restriction on payments does not apply in cases
where children require specialized  care  and  treatment  for
problems    of   severe   emotional   disturbance,   physical
disability, social adjustment, or any combination thereof and
suitable facilities for the placement of  such  children  are
not  available  at  payment  rates within the limitations set
forth  in  this  Section.  All  reimbursements  for  services
delivered shall  be  absolutely  inalienable  by  assignment,
sale, attachment, garnishment or otherwise.
    (o)  The  Department  shall  establish  an administrative
review and appeal  process  for  children  and  families  who
request   or   receive   child   welfare  services  from  the
Department.  Children who are wards of the Department and are
placed by private child welfare agencies, and foster families
with whom those children are placed, shall  be  afforded  the
same procedural and appeal rights as children and families in
the  case of placement by the Department, including the right
to an  initial review of a private agency  decision  by  that
agency.   The  Department shall insure that any private child
welfare agency, which accepts wards  of  the  Department  for
placement,  affords  those  rights  to  children  and  foster
families.   The  Department  shall  accept for administrative
review and an appeal hearing a complaint made by a  child  or
foster  family  concerning  a  decision  following an initial
review by a private child welfare agency.   An  appeal  of  a
decision  concerning  a  change  in  the placement of a child
shall be conducted in an expedited manner.
    (p)  There is hereby created the Department  of  Children
and  Family Services Emergency Assistance Fund from which the
Department  may  provide  special  financial  assistance   to
families which are in economic crisis when such assistance is
not available through other public or private sources and the
assistance  is deemed necessary to prevent dissolution of the
family unit or to reunite families which have been  separated
due  to  child  abuse  and  neglect.   The  Department  shall
establish  administrative  rules  specifying the criteria for
determining eligibility for and  the  amount  and  nature  of
assistance  to  be  provided.   The Department may also enter
into  written  agreements  with  private  and  public  social
service agencies to provide emergency financial  services  to
families   referred  by  the  Department.  Special  financial
assistance payments shall be available to a  family  no  more
than once during each fiscal year and the total payments to a
family may not exceed $500 during a fiscal year.
    (q)  The   Department  may  receive  and  use,  in  their
entirety, for the benefit of children any gift,  donation  or
bequest  of  money  or  other  property  which is received on
behalf of such children, or any financial benefits  to  which
such  children  are  or  may  become entitled while under the
jurisdiction or care of the Department.
    The Department  shall  set  up  and  administer  no-cost,
interest-bearing  savings  accounts  in appropriate financial
institutions ("individual accounts") for  children  for  whom
the  Department  is  legally  responsible  and  who have been
determined eligible for Veterans' Benefits,  Social  Security
benefits,  assistance allotments from the armed forces, court
ordered payments, parental voluntary  payments,  Supplemental
Security  Income,  Railroad  Retirement  payments, Black Lung
benefits, or other miscellaneous payments.   Interest  earned
by  each individual account shall be credited to the account,
unless disbursed in accordance with this subsection.
    In disbursing funds from children's individual  accounts,
the Department shall:
         (1)  Establish  standards  in  accordance with State
    and federal laws for  disbursing  money  from  children's
    individual   accounts.    In   all   circumstances,   the
    Department's  "Guardianship  Administrator" or his or her
    designee  must  approve  disbursements  from   children's
    individual accounts.  The Department shall be responsible
    for  keeping  complete  records  of all disbursements for
    each individual account for any purpose.
         (2)  Calculate on a monthly basis the  amounts  paid
    from  State funds for the child's board and care, medical
    care not covered under Medicaid, and social services; and
    utilize funds from the  child's  individual  account,  as
    covered   by   regulation,   to  reimburse  those  costs.
    Monthly, disbursements  from  all  children's  individual
    accounts,  up  to 1/12 of $13,000,000, shall be deposited
    by the Department into the General Revenue Fund  and  the
    balance over 1/12 of $13,000,000 into the DCFS Children's
    Services Fund.
         (3)  Maintain    any    balance    remaining   after
    reimbursing for the child's costs of care,  as  specified
    in  item  (2). The balance shall accumulate in accordance
    with  relevant  State  and  federal  laws  and  shall  be
    disbursed to the child or his or her guardian, or to  the
    issuing agency.
    (r)  The    Department   shall   promulgate   regulations
encouraging all adoption agencies to voluntarily  forward  to
the  Department  or  its  agent  names  and  addresses of all
persons who have applied  for  and  have  been  approved  for
adoption  of  a  hard-to-place  or  handicapped child and the
names of such children who have not been placed for adoption.
A list of such names and addresses shall be maintained by the
Department or its agent, and coded lists which  maintain  the
confidentiality  of the person seeking to adopt the child and
of the child shall be  made  available,  without  charge,  to
every  adoption agency in the State to assist the agencies in
placing  such  children  for  adoption.  The  Department  may
delegate to an agent its duty to maintain and make  available
such  lists.   The  Department  shall  ensure that such agent
maintains the confidentiality of the person seeking to  adopt
the child and of the child.
    (s)  The  Department  of Children and Family Services may
establish and implement a program to reimburse Department and
private child welfare agency foster parents licensed  by  the
Department  of  Children  and  Family  Services  for  damages
sustained  by the foster parents as a result of the malicious
or negligent acts of foster children, as  well  as  providing
third  party  coverage for such foster parents with regard to
actions  of  foster  children  to  other  individuals.   Such
coverage will be secondary to  the  foster  parent  liability
insurance policy, if applicable.  The program shall be funded
through   appropriations   from  the  General  Revenue  Fund,
specifically designated for such purposes.
    (t)  The  Department  shall  perform  home  studies   and
investigations and shall exercise supervision over visitation
as  ordered  by a court pursuant to the Illinois Marriage and
Dissolution of Marriage Act or the Adoption Act only if:
         (1)  an  order  entered   by   an   Illinois   court
    specifically  directs  the  Department  to  perform  such
    services; and
         (2)  the  court  has  ordered  one  or  both  of the
    parties to the proceeding to reimburse the Department for
    its reasonable  costs  for  providing  such  services  in
    accordance  with Department rules, or has determined that
    neither party is financially able to pay.
    The Department shall provide written notification to  the
court  of the specific arrangements for supervised visitation
and projected monthly costs  within  60  days  of  the  court
order.  The  Department  shall  send to the court information
related to the costs incurred except in cases where the court
has determined the parties are financially unable to pay. The
court may order additional periodic reports as appropriate.
    (u)  Whenever the Department places a child in a licensed
foster home, group home, child  care  institution,  or  in  a
relative home, the Department shall provide to the caretaker:
         (1)  available  detailed  information concerning the
    child's  educational  and  health  history,   copies   of
    immunization  records  (including  insurance  and medical
    card information), a  history  of  the  child's  previous
    placements,  if  any,  and  reasons for placement changes
    excluding any information that identifies or reveals  the
    location of any previous caretaker;
         (2)  a  copy  of  the  child's portion of the client
    service plan, including any visitation  arrangement,  and
    all  amendments  or  revisions  to  it  as related to the
    child; and
         (3)  information containing details of  the  child's
    individualized   educational   plan  when  the  child  is
    receiving special education services.
    The caretaker shall be informed of any  known  social  or
behavioral   information  (including,  but  not  limited  to,
criminal background, fire  setting,  perpetuation  of  sexual
abuse,  destructive  behavior, and substance abuse) necessary
to care for and safeguard the child.
    (u-5)  Effective  July  1,   1995,   only   foster   care
placements  licensed  as  foster family homes pursuant to the
Child Care Act of 1969 shall be eligible  to  receive  foster
care  payments  from the Department. Relative caregivers who,
as of July  1,  1995,  were  approved  pursuant  to  approved
relative   placement  rules  previously  promulgated  by  the
Department at 89 Ill. Adm. Code  335  and  had  submitted  an
application  for  licensure  as  a  foster  family  home  may
continue  to  receive  foster  care  payments  only until the
Department determines that they may be licensed as  a  foster
family home or that their application for licensure is denied
or until September 30, 1995, whichever occurs first.
    (v)  The  Department shall access criminal history record
information as defined in  the  Illinois  Uniform  Conviction
Information   Act   and   information   maintained   in   the
adjudicatory  and  dispositional  record system as defined in
subdivision (A)19 of Section 55a of the Civil  Administrative
Code of Illinois if the Department determines the information
is  necessary  to  perform  its  duties  under the Abused and
Neglected Child Reporting Act, the Child Care  Act  of  1969,
and  the  Children  and  Family Services Act.  The Department
shall provide for interactive computerized communication  and
processing    equipment    that    permits   direct   on-line
communication with the Department of State  Police's  central
criminal  history  data  repository.   The  Department  shall
comply   with  all  certification  requirements  and  provide
certified operators who have been trained by  personnel  from
the  Department  of State Police.  In addition, one Office of
the Inspector General investigator shall have training in the
use of the criminal history  information  access  system  and
have  access to the terminal.  The Department of Children and
Family Services and its employees shall abide  by  rules  and
regulations  established  by  the  Department of State Police
relating to the access and dissemination of this information.
    (w)  Within 120 days of August 20,  1995  (the  effective
date  of Public Act 89-392), the Department shall prepare and
submit to the Governor and the General  Assembly,  a  written
plan  for  the  development of in-state licensed secure child
care facilities that care for children who  are  in  need  of
secure  living  arrangements  for  their  health, safety, and
well-being.  For purposes of  this  subsection,  secure  care
facility  shall mean a facility that is designed and operated
to ensure that all entrances and exits from the  facility,  a
building  or  a  distinct part of the building, are under the
exclusive control of the staff of the  facility,  whether  or
not  the  child  has  the  freedom  of  movement  within  the
perimeter  of the facility, building, or distinct part of the
building.  The plan shall include descriptions of  the  types
of  facilities  that  are  needed  in  Illinois;  the cost of
developing these secure care facilities; the estimated number
of placements; the potential cost savings resulting from  the
movement of children currently out-of-state who are projected
to   be   returned  to  Illinois;  the  necessary  geographic
distribution of these facilities in Illinois; and a  proposed
timetable for development of such facilities.
(Source: P.A.  89-21,  eff.  6-6-95;  89-392,  eff.  8-20-95;
89-507, eff. 7-1-97; 89-626, eff. 8-9-96; 90-11, eff. 1-1-98;
90-27,  eff. 1-1-98; 90-28, eff. 1-1-98; 90-362, eff. 1-1-98;
revised 10-20-97.)

    (20 ILCS 505/17a-4) (from Ch. 23, par. 5017a-4)
    Sec. 17a-4. Grants for  community-based  youth  services;
Department of Human Services.
    (a)  The  Department  of Human Services shall make grants
for  the  purpose  of  planning,   establishing,   operating,
coordinating  and  evaluating  programs  aimed at reducing or
eliminating the involvement of youth in the child welfare  or
juvenile  justice  systems.  The programs shall include those
providing   for    more    comprehensive    and    integrated
community-based  youth services including Unified Delinquency
Intervention Services programs  and  for  community  services
programs.   The Department may authorize advance disbursement
of  funds  for  such  youth  services  programs.   When   the
appropriation  for  "comprehensive community-based service to
youth" is equal to  or  exceeds  $5,000,000,  the  Department
shall allocate the total amount of such appropriated funds in
the following manner:
         (1)  no   more   than   20%   of   the  grant  funds
    appropriated shall be awarded by the Department  for  new
    program development and innovation;
         (2)  not  less  than 80% of grant funds appropriated
    shall be allocated to  community-based  92community-based
    youth  services  programs  based upon population of youth
    under 18 018 years of age and other demographic variables
    defined by the Department  of  Human  Services  by  rule,
    which   may  include  weighting  for  service  priorities
    relating to special needs identified in the annual  plans
    of  the  regional  youth  planning committees established
    under this Act;
         (3)  if any amount so allocated under paragraph  (2)
    of  this  subsection  (a)  remains unobligated such funds
    shall be reallocated in a manner equitable and consistent
    with the purpose of paragraph (2) of this subsection (a);
    and
         (4)  the local boards or local service systems shall
    certify  prior  to  receipt  of  grant  funds  from   the
    Department  of  Human Services that a 10% local public or
    private financial or in-kind commitment is  allocated  to
    supplement the State grant.
    (b)  Notwithstanding  any  provision in this Act or rules
promulgated under this Act  to the contrary, unless expressly
prohibited by federal law  or  regulation,  all  individuals,
corporations,  or  other  entities  that  provide  medical or
mental health services, whether organized  as  for-profit  or
not-for-profit  entities, shall be eligible for consideration
by the Department of Human Services  to  participate  in  any
program  funded  or  administered  by  the  Department.  This
subsection shall not apply to the receipt  of  federal  funds
administered  and  transferred by the Department for services
when the federal government has  specifically  provided  that
those  funds may be received only by those entities organized
as not-for-profit entities.
(Source: P.A. 89-392,  eff.  8-20-95;  89-507,  eff.  7-1-97;
revised 3-10-97.)

    (20 ILCS 505/21) (from Ch. 23, par. 5021)
    Sec.  21.  (a) To make such investigations as it may deem
necessary to the performance of its duties.
    (b)  In  the  course  of  any  such   investigation   any
qualified  person  authorized  by the Director may administer
oaths and secure by its  subpoena  both  the  attendance  and
testimony of witnesses and the production of books and papers
relevant to such investigation. Any person who is served with
a  subpoena  by  the  Department  to appear and testify or to
produce books and papers, in the course of  an  investigation
authorized  by law, and who refuses or neglects to appear, or
to testify, or to produce books and papers relevant  to  such
investigation, as commanded in such subpoena, shall be guilty
of   a  Class  B  misdemeanor.  The  fees  of  witnesses  for
attendance and travel shall  be  the  same  as  the  fees  of
witnesses  before  the  circuit  courts  of  this  State. Any
circuit  court  of  this  State,  upon  application  of   the
Department,  may  compel  the  attendance  of  witnesses, the
production of books  and  papers,  and  giving  of  testimony
before  the  Department  or  before any authorized officer or
employee thereof, by an attachment for contempt or otherwise,
in the same manner as production of evidence may be compelled
before such court. Every person who, having taken an oath  or
made  affirmation  before  the  Department  or any authorized
officer or employee thereof, shall willfully swear or  affirm
falsely, shall be guilty of perjury and upon conviction shall
be punished accordingly.
    (c)  Investigations  initiated  under  this Section shall
provide individuals due process of law, including  the  right
to  a hearing, to cross-examine witnesses, to obtain relevant
documents, and to present evidence.  Administrative  findings
shall  be  subject  to  the  provisions of the Administrative
Review Law.
    (d)  Beginning  July  1,  1988,  any   child   protective
investigator  or  supervisor  or  child welfare specialist or
supervisor employed by the Department on the  effective  date
of  this  amendatory  Act  of  1987  shall  have  completed a
training program which shall be instituted by the Department.
The training program shall include, but not  be  limited  to,
the  following:  (1) training in the detection of symptoms of
child neglect and drug abuse; (2)  specialized  training  for
dealing  with  families and children of drug abusers; and (3)
specific training in child development, family  dynamics  and
interview  techniques.  Such  program  shall  conform  to the
criteria and curriculum developed  under  Section  4  of  the
Child  Protective  Investigator  and Child Welfare Specialist
Certification Act of 1987. Failure to complete such  training
due  to  lack of opportunity provided by the Department shall
in no way be grounds for any  disciplinary  or  other  action
against an investigator or a specialist.
    The Department shall develop a continuous inservice staff
development   program  and  evaluation  system.   Each  child
protective investigator  and  supervisor  and  child  welfare
specialist  and  supervisor shall participate in such program
and evaluation and shall complete a minimum of  20  hours  of
inservice  education  and  training every 2 years in order to
maintain certification.
    Any child protective  investigator  or  child  protective
supervisor,  or  child  welfare  specialist  or child welfare
specialist supervisor hired by the Department who begins  his
actual employment after the effective date of this amendatory
Act  of  1987,  shall  be  certified  pursuant  to  the Child
Protective  Investigator   and   Child   Welfare   Specialist
Certification  Act  of 1987 before he begins such employment.
Nothing in this Act shall replace or diminish the  rights  of
employees  under  the Illinois Public Labor Relations Act, as
amended, or the National Labor Relations Act. In the event of
any conflict between either of those Acts, or any  collective
bargaining   agreement   negotiated   thereunder,   and   the
provisions  of  subsections  (d)  and  (e),  the former shall
prevail and control.
    (e)  The  Department  shall  develop  and  implement  the
following:
         (1)  A standardized standarized  child  endangerment
    risk assessment protocol.
         (2)  Related training procedures.
         (3)  A    standardized    standarized   method   for
    demonstration  of  proficiency  in  application  of   the
    protocol.
         (4)  An  evaluation  of the reliability and validity
    of the protocol.
All child protective investigators and supervisors and  child
welfare   specialists   and   supervisors   employed  by  the
Department or its contractors shall be  required,  subsequent
to   the   availability   of  training  under  this  Act,  to
demonstrate  proficiency  in  application  of  the   protocol
previous  to  being  permitted  to  make  decisions about the
degree  of  risk  posed  to  children  for  whom   they   are
responsible.     The    Department    shall    establish    a
multi-disciplinary  advisory  committee  composed of not more
than 15 members appointed by the Director, including but  not
limited   to   representatives   from  the  fields  of  child
development,  domestic  violence,  family  systems,  juvenile
justice,  law  enforcement,  health  care,   mental   health,
substance  abuse, and social service to advise the Department
and  its  related  contractors   in   the   development   and
implementation  of  the  child  endangerment  risk assessment
protocol,  related  training,  method  for  demonstration  of
proficiency in application of the protocol, and evaluation of
the reliability and validity of the protocol.  The Department
shall develop the protocol, training curriculum,  method  for
demonstration  of  proficiency in application of the protocol
and method for evaluation of the reliability and validity  of
the  protocol by July 1, 1995.  Training and demonstration of
proficiency in application of  the  child  endangerment  risk
assessment  protocol  for  all child protective investigators
and supervisors and child welfare specialists and supervisors
shall be completed as soon as practicable, but no later  than
January  1, 1996.  The Department shall submit to the General
Assembly on or before May 1, 1996, and every year thereafter,
an annual report on the evaluation  of  the  reliability  and
validity  of the child endangerment risk assessment protocol.
The  Department  shall  contract  with  a  not   for   profit
organization  with  demonstrated  expertise  in  the field of
child  endangerment  risk  assessment  to   assist   in   the
development and implementation of the child endangerment risk
assessment    protocol,    related   training,   method   for
demonstration of proficiency in application of the  protocol,
and  evaluation  of  the  reliability  and  validity  of  the
protocol.
(Source: P.A. 88-614, eff. 9-7-94; revised 7-21-97.)

    Section 22.  The Civil Administrative Code of Illinois is
amended by changing Sections 46.6c and 46.19j as follows:

    (20 ILCS 605/46.6c) (from Ch. 127, par. 46.6c)
    Sec.    46.6c.     The   Department   may,   subject   to
appropriation, provide contractual funding from  the  Tourism
Promotion Fund for the administrative costs of not-for-profit
regional  tourism  development  organizations that assist the
Department in developing tourism  throughout  a  multi-county
geographical  area  designated  by  the Department.  Regional
tourism development organizations receiving funds under  this
Section may be required by the Department to submit to audits
of  contracts  awarded by the Department to determine whether
the regional tourism development organization  has  performed
all  contractual  obligations  under  those contracts.  Every
employee  of  a  regional  tourism  development  organization
receiving funds under this  Section  shall  disclose  to  its
governing  board  and to the Department any economic interest
that employee may have in any entity with which the  regional
tourism  development  organization  has contracted with or to
which  the  regional  tourism  development  organization  has
granted funds.
(Source: P.A. 90-26, eff. 7-1-97; revised 1-7-98.)
    (20 ILCS 605/46.19j)
    Sec.  46.19j.  Job  Training  and  Economic   Development
Demonstration Grant Program.
    (a)  Legislative  findings.   The  General Assembly finds
that:
         (1)  despite the  large  number  of  unemployed  job
    seekers,  many  employers  are having difficulty matching
    the skills they require with the  skills  of  workers;  a
    similar   problem  exists  in  industries  where  overall
    employment may not be expanding but  there  is  an  acute
    need for skilled workers in particular occupations;
         (2)  the  State  of  Illinois  should  foster  local
    economic  development  by  linking  the  job  training of
    unemployed  disadvantaged  citizens  with  the  workforce
    needs of local business and industry; and
         (3)  employers often need assistance  in  developing
    training  resources  that will provide work opportunities
    for disadvantaged populations.
    (b)  Definitions.  As used in this Act:
    "Community  based  provider"   means   a   not-for-profit
organization,  with  local boards of directors, that directly
provides job training services.
    "Disadvantaged persons" has the same meaning as the  term
is  defined  in  Title  II-A  of  the  federal  Job  Training
Partnership Act.
    "Training  partners" means a community-based provider and
one or more  employers  who  have  established  training  and
placement linkages.
    (c)  From   funds  appropriated  for  that  purpose,  the
Department of Commerce and Community Affairs shall administer
a Job Training and Economic Development  Demonstration  Grant
Program.   The  Director  shall make not less than 12 and not
more than 20 demonstration project grants to  community-based
providers.    The   grants  shall  be  made  to  support  the
following:
         (1)  partnerships between community-based  providers
    and  employers  for  the  customized training of existing
    low-skilled,   low-wage   employees   and   newly   hired
    disadvantaged persons; and
         (2)  partnerships between community-based  providers
    and  employers  to  develop  training programs that would
    link the work force needs of local industry with the  job
    training of unemployed disadvantaged persons.
    (d)  For   projects   created   under  paragraph  (1)  of
subsection (c) (b):
         (1)  the  Department  shall  give  a   priority   to
    projects  that include an in-kind match by an employer in
    partnership with a community-based provider and  projects
    that use instructional materials and training instructors
    directly  used  in  the  specific  industry sector of the
    partnership employer; and
         (2)  the partnership  employer  must  be  an  active
    participant  in  the curriculum development, employ under
    250   workers,   and   train   primarily    disadvantaged
    populations.
    (e)  For   projects   created   under  paragraph  (2)  of
subsection (c) (b):
         (1)  community based organizations shall assess  the
    employment barriers and needs of local residents and work
    in    partnership   with   local   economic   development
    organizations to identify the priority workforce needs of
    the local industry;
         (2)  training  partners,  that  is,  community-based
    organizations  and  employers,  shall  work  together  to
    design  programs   with   maximum   benefits   to   local
    disadvantaged persons and local employers;
         (3)  employers   must  be  involved  in  identifying
    specific  skill-training  needs,   planning   curriculum,
    assisting   in   training   activities,   providing   job
    opportunities,  and coordinating job retention for people
    hired after training through this program  and  follow-up
    support; and
         (4)  the  community-based  organizations shall serve
    disadvantaged persons, including welfare recipients.
    (f)  The Department  shall  adopt  rules  for  the  grant
program  and shall create a competitive application procedure
for those grants to be awarded beginning in fiscal year 1998.
(Source: P.A. 90-474, eff. 1-1-98; revised 1-7-98.)

    Section  23.   The  Business  Assistance  and  Regulatory
Reform Act is amended by changing Section 15 as follows:

    (20 ILCS 608/15)
    Sec. 15.  Providing  Information  and  Expediting  Permit
Reviews.
    (a)  The office shall provide an information system using
a  toll-free business assistance number.  The number shall be
advertised throughout the State.  If  requested,  the  caller
will  be  sent  a  basic  business  kit, describing the basic
requirements and procedures for doing business  in  Illinois.
If  requested, the caller shall be directed to one or more of
the additional services provided by the office.   All persons
providing advice to callers on behalf of the office  and  all
persons   responsible  for  directly  providing  services  to
persons visiting the office or one of its branches  shall  be
persons  with  small business experience in an administrative
or managerial capacity.
    (b)  (Blank).
    (c)  Any applicant for permits required  for  a  business
activity  may  confer with the office to obtain assistance in
the  prompt  and   efficient   processing   and   review   of
applications.   The  office  may designate an employee of the
office to act as a permit assistance manager to:
         (1)  facilitate  contacts  for  the  applicant  with
    responsible agencies;
         (2)  arrange conferences to clarify the requirements
    of interested agencies;
         (3)  consider with State agencies the feasibility of
    consolidating  hearings  and   data   required   of   the
    applicant;
         (4)  assist   the   applicant   in   resolution   of
    outstanding issues identified by State agencies; and
         (5)  coordinate  federal, State and local regulatory
    procedures  and  permit  review  actions  to  the  extent
    possible.
    (d)  The  office  shall  publish  a  directory  of  State
business  permits  and  State  programs   to   assist   small
businesses.
    (e)  The  office  shall  attempt  to establish agreements
with  local  governments  to  allow  the  office  to  provide
assistance to applicants for permits required by these  local
governments.
    (f)  Interested  State  agencies  shall,  to  the maximum
extent   feasible,   establish   procedures    to    expedite
applications  for  infrastructure projects.  Applications for
permits for infrastructure  projects  shall  be  approved  or
disapproved  within  45  days  of  submission,  unless law or
regulations specify a different period.   If  the  interested
agency  is unable to act within that period, the agency shall
provide a  written  notification  to  the  office  specifying
reasons  for  its  inability  to  act  and  the date by which
approval or disapproval shall be determined.  The office  may
require  any interested State agency to designate an employee
who will coordinate the handling of permits in that area.
    (g)  In addition to its  responsibilities  in  connection
with  permit  assistance,  the  office  shall provide general
regulatory information by directing businesses to appropriate
officers  in  State  agencies  to  supply   the   information
requested.
    (h)  The office shall help businesses to locate and apply
to  training programs available to train current employees in
particular skills, techniques or areas of knowledge  relevant
to  the  employees'  present  or  anticipated job duties.  In
pursuit  of  this  objective,  the   office   shall   provide
businesses with pertinent information about training programs
offered  by State agencies, units of local government, public
universities and colleges,  community  colleges,  and  school
districts in Illinois.
    (i)  The office shall help businesses to locate and apply
to  State programs offering to businesses grants, loans, loan
or bond guarantees, investment  partnerships,  technology  or
productivity   consultation,   or  other  forms  of  business
assistance.
    (j)  To the extent authorized by federal law, the  office
shall  assist  businesses  in ascertaining and complying with
the requirements of the federal Americans  with  Disabilities
Act.
    (k)  The   office   shall  provide  confidential  on-site
assistance  in  identifying   problems   and   solutions   in
compliance  with  requirements  of  the  federal Occupational
Safety and Health Administration and other State and  federal
environmental regulations.  The office shall work through and
contract  with  the  Waste  Management and Research Center to
provide confidential on-site  consultation  audits  that  (i)
assist  regulatory  compliance  and  (ii)  identify pollution
prevention opportunities.
    (l)  The office shall  provide  information  on  existing
loan and business assistance programs provided by the State.
    (m)  Each  State agency having jurisdiction to approve or
deny a permit shall have the continuing power  heretofore  or
hereafter  vested  in  it  to  make such determinations.  The
provisions of this Act shall not lessen or reduce such powers
and shall modify the procedures followed in carrying out such
powers only to the extent provided in this Act.
    (n) (1)  Each State agency shall fully cooperate with the
office in providing information, documentation, personnel  or
facilities requested by the office.
    (2)  Each  State agency having jurisdiction of any permit
to which the master application procedure is applicable shall
designate an employee to act as permit  liaison  office  with
the office in carrying out the provisions of this Act.
    (o) (1)  The  office  has authority, but is not required,
to keep and analyze appropriate  statistical  data  regarding
the number of permits issued by State agencies, the amount of
time  necessary  for  the  permits  to be issued, the cost of
obtaining such permits,  the  types  of  projects  for  which
specific  permits  are  issued,  a geographic distribution of
permits,  and  other  pertinent   data   the   office   deems
appropriate.
    The  office  shall make such data and any analysis of the
data available to the public.
    (2)  The office has authority, but is  not  required,  to
conduct  or  cause  to  be conducted a thorough review of any
agency's permit requirements and the need  by  the  State  to
require  such  permits.  The office shall draw on the review,
on its direct experience, and on its statistical analyses  to
prepare recommendations regarding how to:
         (i)  eliminate   unnecessary  or  antiquated  permit
    requirements;
         (ii)  consolidate duplicative or overlapping  permit
    requirements;
         (iii)  simplify    overly    complex    or   lengthy
    application procedures;
         (iv)  expedite  time-consuming  agency  review   and
    approval procedures; or
         (v)  otherwise  improve  the permitting processes in
    the State.
    The office shall submit  copies  of  all  recommendations
within  5  days  of  issuance  to  the  affected  agency, the
Governor, the General Assembly, and the  Joint  Committee  on
Administrative Rules.
    (p)  The  office  has  authority to review State forms on
its own initiative or  upon  the  request  of  another  State
agency  to  ascertain  the  burden, if any, of complying with
those forms.  If the office determines that a form is  unduly
burdensome  to  business,  it  may  recommend  to  the agency
issuing the form either that the form be eliminated  or  that
specific changes be made in the form.
    (q)  Not later than March 1 of each year, beginning March
1,  1995,  the  office  shall  submit an annual report of its
activities during the preceding  year  to  the  Governor  and
General  Assembly.   The report shall describe the activities
of the office during the preceding  year  and  shall  contain
statistical  information  on the permit assistance activities
of the office.
(Source: P.A. 90-454, eff.  8-16-97;  90-490,  eff.  8-17-97;
revised 11-13-97.)

    Section  24.   The  Illinois  Promotion Act is amended by
changing Section 4a as follows:

    (20 ILCS 665/4a) (from Ch. 127, par. 200-24a)
    Sec. 4a. Funds.
    (1)  As soon as possible after  the  first  day  of  each
month,  beginning July 1, 1978 and ending June 30, 1997, upon
certification of the Department of Revenue,  the  Comptroller
shall order transferred and the Treasurer shall transfer from
the  General  Revenue  Fund  to  a  special fund in the State
Treasury, to be known as the  "Tourism  Promotion  Fund",  an
amount  equal  to  10%  of the net revenue realized from "The
Hotel Operators' Occupation Tax Act",  as  now  or  hereafter
amended,  plus  an  amount  equal  to  10% of the net revenue
realized from any tax  imposed  under  Section  4.05  of  the
Chicago  World's  Fair  -  1992  Authority  Act,  as  now  or
hereafter  amended,  during  the preceding month. Net revenue
realized for a month shall be the revenue  collected  by  the
State pursuant to that Act during the previous month less the
amount  paid  out  during  that  same  month  as  refunds  to
taxpayers for overpayment of liability under that Act.
    All  moneys  deposited  in  the  Tourism  Promotion  Fund
pursuant  to  this subsection are allocated to the Department
for utilization, as appropriated, in the performance  of  its
powers under Section 4.
    As  soon  as  possible after the first day of each month,
beginning July 1, 1997, upon certification of the  Department
of  Revenue,  the Comptroller shall order transferred and the
Treasurer shall transfer from the General Revenue Fund to the
Tourism Promotion Fund an amount equal  to  13%  of  the  net
revenue realized from the Hotel Operators' Occupation Tax Act
plus  an amount equal to 13% of the net revenue realized from
any tax imposed under Section 4.05  of  the  Chicago  World's
Fair-1992  Authority  Act  during  the preceding month.  "Net
revenue realized for a month" means the revenue collected  by
the  State  under that Act during the previous month less the
amount  paid  out  during  that  same  month  as  refunds  to
taxpayers for overpayment of liability under that Act.
    (1.1)  (Blank).
    (2)  (Blank).  As soon as possible after the first day of
each month, beginning July 1, 1997, upon certification of the
Department  of   Revenue,   the   Comptroller   shall   order
transferred and the Treasurer shall transfer from the General
Revenue Fund to the Tourism Promotion Fund an amount equal to
8%  of  the  net  revenue  realized from the Hotel Operators'
Occupation Tax plus an amount equal to 8% of the net  revenue
realized  from  any  tax  imposed  under  Section 4.05 of the
Chicago World's Fair-1992 Authority Act during the  preceding
month.   "Net revenue realized for a month" means the revenue
collected by the State under that  Act  during  the  previous
month  less  the  amount  paid  out during that same month as
refunds to taxpayers for overpayment of liability under  that
Act.
    All  monies deposited in the Tourism Promotion Fund under
this subsection (2) shall be used solely as provided in  this
subsection   to  advertise  and  promote  tourism  throughout
Illinois. Appropriations of monies deposited in  the  Tourism
Promotion  Fund pursuant to this subsection (2) shall be used
solely for advertising to promote tourism, including but  not
limited  to  advertising  production and direct advertisement
costs, but shall not be used to employ any additional  staff,
finance  any individual event, or lease, rent or purchase any
physical facilities.  The  Department  shall  coordinate  its
advertising  under  this subsection (2) with other public and
private entities in the State engaged  in  similar  promotion
activities.   Print   or  electronic  media  production  made
pursuant to this subsection  (2)  for  advertising  promotion
shall  not  contain  or include the physical appearance of or
reference to the name or  position  of  any  public  officer.
"Public  officer"  means  a  person  who is elected to office
pursuant to statute, or who is appointed to an  office  which
is  established,  and  the qualifications and duties of which
are prescribed, by statute, to discharge a  public  duty  for
the State or any of its political subdivisions.
    (3)  Subject    to   appropriation,   moneys   shall   be
transferred from the Tourism Promotion Fund  into  the  Grape
and Wine Resources Fund pursuant to Article XII of the Liquor
Control  Act  of  1934 and shall be used by the Department in
accordance with the provisions of that Article.
(Source: P.A. 90-26, eff. 7-1-97; 90-77, eff. 7-8-97; revised
7-31-97.)

    Section 25.  The Civil Administrative Code of Illinois is
amended by changing Section 63a21.1 as follows:

    (20 ILCS 805/63a21.1) (from Ch. 127, par. 63a21.1)
    Sec. 63a21.1.  Fees. To assess appropriate and reasonable
fees for the use of concession type  facilities  as  well  as
other  facilities  and  sites  under  the jurisdiction of the
Department  of  Natural  Resources.    The   Department   may
regulate,  by  rule,  the  fees  to  be  charged.  The income
collected shall be deposited in the State Parks Park Fund  or
Wildlife and Fish Fund depending on the classification of the
State managed facility involved.
(Source: P.A. 88-91; 89-445, eff. 2-7-96; revised 3-28-97.)

    Section 26.  The Energy Conservation and Coal Development
Act is amended by changing Section 16 as follows:

    (20 ILCS 1105/16) (from Ch. 96 1/2, par. 7415)
    (Section scheduled to be repealed on July 1, 1998)
    Sec. 16. Battery Task Force.
    (a)  Within  the  Department  is  created  a Battery Task
Force to be comprised of (i) the Director of  the  Department
who shall serve as chair of the Task Force; (ii) the Director
of  the  Environmental Protection Agency;  (iii) the Director
of the Waste Management and  Research  Center;  and  (iv)  15
persons  who  shall  be  appointed  by  the  Director  of the
Department, including 2 persons representing an environmental
organization,  2  persons  representing  the   battery   cell
industry,  2  persons  representing  the rechargeable powered
tool/device industry, 3 representatives from local government
with residential recycling programs  (including  one  from  a
municipality  with  more  than  a million people), one person
representing the retail industry, one person  representing  a
consumer  group,  2 persons representing the waste management
industry, one person representing a recycling firm,  and  one
person  representing  a citizens' group active in local solid
waste issues.
    (b)  The  Task  Force  shall  prepare  a  report  of  its
findings and recommendations and shall present the report  to
the  Governor  and the General Assembly on or before April 1,
1993. Among other things, the Task Force shall evaluate:
         (1)  collection, storage, and processing systems for
    the recycling and proper management of  common  household
    batteries  and rechargeable battery products generated by
    consumers,  businesses,  institutions,  and  governmental
    units;
         (2)  public education programs  that  promote  waste
    reduction,  reuse, and recycling strategies for household
    batteries;
         (3)  disposal bans on specific  household  batteries
    or rechargeable battery products;
         (4)  management  options  for rechargeable tools and
    appliances;
         (5)  technical and financial assistance programs for
    local governments;
         (6)  guidelines and  regulations  for  the  storage,
    transportation, and disposal of household batteries;
         (7)  labeling  requirements  for household batteries
    and battery packaging;
         (8)  metal content limits and sale restrictions  for
    carbon-zinc, nickel-cadmium, and button batteries;
         (9)  market   development   options   for  materials
    recovered from household batteries;
         (10)  industry   waste    reduction    developments,
    including  substitution  of longer-life, rechargeable and
    recyclable   batteries,   substitution   of   alternative
    products which do not require batteries, increased use of
    power-source adapters, and use of  replaceable  batteries
    in battery-powered appliances; and
         (11)  the  feasibility  of  reverse  distribution of
    batteries.
    The  Task  Force  shall  review,  evaluate,  and  compare
existing  battery  management  and  collection  systems   and
studies  including those used from other states, the European
Community, and other major industrial nations. The Task Force
shall consult with manufacturers and the public to  determine
the  most  cost  effective  and  efficient  means for battery
management.
    This Section is repealed July 1, 1998.
(Source: P.A. 90-372,  eff.  7-1-98;  90-490,  eff.  8-17-97;
revised 11-17-97.)

    Section  27.   The  Energy Conservation Act is amended by
changing Section 3 as follows:

    (20 ILCS 1115/3) (from Ch. 96 1/2, par. 7603)
    Sec. 3.  Definitions.  As used in this Act:
    "HVAC" means a system that provides comfort,  heating  or
air-conditioning within or associated with a building.
    "Lighting   efficiency   standards"  means  practices  or
regulations which would conserve the energy needed  to  light
new public buildings.
    "Thermal   efficiency  standards"  means  regulations  or
practices which   would  conserve  energy  by  affecting  the
exterior   envelope  physical  characteristics,  HVAC  system
selection and  configuration,  HVAC  system  performance  and
service  water heating design and equipment selection for all
new and renovated buildings.
    "Unit of local government" means a county,  municipality,
township,  special  district,  school  district,  and  a unit
designated as a  unit  of  local  government  by  law,  which
exercises  limited governmental power or powers in respect to
limited governmental subjects.
(Source: P.A. 81-357; revised 12-18-97.)

    Section  28.   The  Mental   Health   and   Developmental
Disabilities  Administrative  Act is amended by setting forth
and renumbering multiple versions of Section 69 as follows:

    (20 ILCS 1705/69)
    Sec. 69.  Joint  planning  by  the  Department  of  Human
Services  and the Department of Children and Family Services.
The purpose of this Section is to mandate that joint planning
occur between the Department of Children and Family  Services
and  the  Department  of  Human Services to ensure that the 2
agencies coordinate their  activities  and  effectively  work
together to provide wards with developmental disabilities for
whom  the  Department  of  Children  and  Family  Services is
legally responsible a smooth transition to adult living  upon
reaching  the  age  of  21.   The  Department of Children and
Family Services and the Department of  Human  Services  shall
execute  an  interagency  agreement  by  January 1, 1998 that
outlines  the  terms  of  the  coordination   process.    The
Departments  shall consult with private providers of services
to children in formulating the interagency agreement.
(Source: P.A. 90-512, eff. 8-22-97.)

    (20 ILCS 1705/70)
    Sec. 70. 69.  Monitoring by  closed  circuit  television.
The   Department  of  Human  Services  as  successor  to  the
Department of Mental Health  and  Developmental  Disabilities
may  install  closed  circuit  televisions in  quiet rooms in
institutions supervised or  operated  by  the  Department  to
monitor  patients  in  those  quiet  rooms.   Nothing in this
Section shall be construed to supersede or interfere with any
current provisions in the  Mental  Health  and  Developmental
Disabilities  Code  concerning the observation and monitoring
of patients.
(Source: P.A. 90-444, eff. 8-16-97; revised 11-19-97.)

    Section 29.  The Illinois Health Finance  Reform  Act  is
amended by changing Section 4-4 as follows:

    (20 ILCS 2215/4-4) (from Ch. 111 1/2, par. 6504-4)
    Sec.   4-4.   (a)   Hospitals  shall  make  available  to
prospective  patients  information  on  the   normal   charge
incurred  for  any  procedure  or  operation  the prospective
patient is considering.
    (b)  The Council  shall  require  hospitals  to  post  in
letters  no  more  than  one  inch  in height the established
charges for services, where  applicable,  including  but  not
limited  to,  the  hospital's  hospitals private room charge,
semi-private room charge, charge for a room rooms with  3  or
more beds charge, intensive care room charges, emergency room
charge,     operating    room    charge,    electrocardiogram
electrocardiagram  charge,  anesthesia  charge,  chest  x-ray
charge, blood sugar charge, blood  chemistry  charge,  tissue
exam  charge,  blood typing charge and Rh factor charge.  The
definitions of each charge to be posted shall  be  determined
by the Council.
(Source: P.A. 84-325; revised 8-7-97.)

    Section 30.  The Civil Administrative Code of Illinois is
amended by setting forth and renumbering multiple versions of
Sections 55.84 and 55.85 as follows:
    (20 ILCS 2310/55.84)
    Sec. 55.84.  Breast feeding; public information campaign.
The  Department  of  Public Health may conduct an information
campaign for the general public to promote breast feeding  of
infants  by  their  mothers.   The Department may include the
information in a brochure prepared under Section 55.64 or  in
a  brochure  that  shares  other information with the general
public and is distributed free of charge.  If the  Department
includes  the  information  required  under this Section in a
brochure authorized or required under  another  provision  of
law,  the  Department  may continue to use existing stocks of
that brochure before adding the  information  required  under
this  Section  but  shall  add  that  information in the next
printing of the brochure.   The  information  required  under
this  Section  may  be  distributed  to  the parents or legal
custodians of each newborn upon discharge of the infant  from
a hospital or other health care facility.
(Source: P.A. 90-244, eff. 1-1-98.)

    (20 ILCS 2310/55.85)
    Sec. 55.85.  Grants from the Mental Health Research Fund.
From funds appropriated from the Mental Health Research Fund,
the  Department  of  Human  Services  shall  award  grants to
organizations in Illinois, for the  purpose  of  research  of
mental illness.
(Source: P.A. 90-171, eff. 7-23-97.)

    (20 ILCS 2310/55.87)
    Sec.   55.87.   55.84.   Advisory   committee  concerning
construction of facilities.  The Director  of  Public  Health
shall  appoint an advisory committee which committee shall be
established by the Department by rule.  The Director and  the
Department   shall   consult   with  the  advisory  committee
concerning the application of building codes  and  Department
rules related to those building codes to facilities under the
Ambulatory  Surgical  Treatment  Center Act, the Nursing Home
Care Act, and the Hospital Licensing Act.
(Source: P.A. 90-327, eff. 8-8-97; revised 10-17-97.)

    (20 ILCS 2310/55.88)
    Sec.  55.88.  55.85.   Facility   construction   training
program.   The Department shall conduct, at least annually, a
joint in-service training program for architects,  engineers,
interior   designers,  and  other  persons  involved  in  the
construction of a  facility  under  the  Ambulatory  Surgical
Treatment  Center  Act,  the  Nursing  Home  Care Act, or the
Hospital Licensing Act on problems and issues relating to the
construction of facilities under any of those Acts.
(Source: P.A. 90-327, eff. 8-8-97; revised 10-17-97.)

    Section  31.   The  Domestic  Abuse  of  Disabled  Adults
Intervention  Act  is  amended  by  changing  Section  45  as
follows:

    (20 ILCS 2435/45) (from Ch. 23, par. 3395-45)
    Sec. 45.  Consent.
    (a)  If the Domestic Abuse Project has received a  report
of  alleged or suspected abuse, neglect, or exploitation with
regard to an adult disabled person who lacks the capacity  to
consent  to  an assessment or to services, the Domestic Abuse
Project may seek, directly or  through  another  agency,  the
appointment  of a temporary or permanent guardian as provided
in Article XIa of the Probate Act of 1975 or other relief  as
provided under the Illinois Domestic Violence Act of 1986.
    (b)  A guardian of the person of an adult disabled person
who  is abused, neglected, or exploited by another individual
in a domestic living situation may consent to  an  assessment
or  to  services being provided pursuant to the service plan.
If the guardian is alleged  to  be  the  perpetrator  of  the
abuse,  neglect,  or exploitation, the Domestic Abuse Project
shall seek the appointment of a temporary  guardian  pursuant
to  Section 213.3 231.3 of the Illinois Domestic Violence Act
of 1986.  If a guardian withdraws his consent or  refuses  to
allow  an assessment or services to be provided to the adult,
the Domestic Abuse Project may request an order of protection
under the Illinois Domestic  Violence  Act  of  1986  seeking
appropriate  remedies, and may in addition request removal of
the guardian and appointment of a successor guardian.
    (c)  For the purposes of this Section  only,  "lacks  the
capacity  to  consent"  shall  mean  that  the adult disabled
person reasonably appears to be unable by reason of  physical
or  mental  condition  to  receive  and  evaluate information
related to the assessment  or  services,  or  to  communicate
decisions  related  to  the  assessment   or  services in the
manner in which the person communicates.
(Source: P.A. 87-658; revised 12-18-97.)

    Section 32.  The Civil Administrative Code of Illinois is
amended by changing Section 55a as follows:

    (20 ILCS 2605/55a) (from Ch. 127, par. 55a)
    Sec. 55a. Powers and duties.
    (A)  The  Department  of  State  Police  shall  have  the
following powers and duties, and those set forth in  Sections
55a-1 through 55c:
    1.  To  exercise the rights, powers and duties which have
been vested in the Department of Public Safety by  the  State
Police Act.
    2.  To  exercise the rights, powers and duties which have
been vested in the Department of Public Safety by  the  State
Police Radio Act.
    3.  To  exercise the rights, powers and duties which have
been vested  in  the  Department  of  Public  Safety  by  the
Criminal Identification Act.
    4.  To (a) investigate the origins, activities, personnel
and  incidents of crime and the ways and means to redress the
victims  of  crimes,  and  study  the  impact,  if  any,   of
legislation  relative  to  the  effusion of crime and growing
crime rates, and enforce the  criminal  laws  of  this  State
related   thereto,   (b)  enforce  all  laws  regulating  the
production, sale, prescribing, manufacturing,  administering,
transporting,  having  in possession, dispensing, delivering,
distributing, or use of controlled substances  and  cannabis,
(c)   employ   skilled   experts,   scientists,  technicians,
investigators or otherwise specially qualified persons to aid
in preventing or detecting crime, apprehending criminals,  or
preparing  and  presenting  evidence  of  violations  of  the
criminal  laws of the State, (d) cooperate with the police of
cities, villages and incorporated towns, and with the  police
officers  of  any  county, in enforcing the laws of the State
and in making arrests and recovering property, (e)  apprehend
and  deliver up any person charged in this State or any other
State of the United States with  treason,  felony,  or  other
crime,  who has fled from justice and is found in this State,
and (f) conduct such other investigations as may be  provided
by law. Persons exercising these powers within the Department
are conservators of the peace and as such have all the powers
possessed  by  policemen  in cities and sheriffs, except that
they may exercise  such  powers  anywhere  in  the  State  in
cooperation  with  and  after  contact  with  the  local  law
enforcement   officials.   Such  persons  may  use  false  or
fictitious names in the performance  of  their  duties  under
this  paragraph, upon approval of the Director, and shall not
be subject to prosecution under the criminal  laws  for  such
use.
    5.  To:  (a)  be  a  central  repository and custodian of
criminal  statistics  for  the  State,  (b)  be   a   central
repository  for  criminal  history  record  information,  (c)
procure  and file for record such information as is necessary
and  helpful  to  plan  programs  of  crime  prevention,  law
enforcement and criminal justice, (d) procure  and  file  for
record  such  copies  of  fingerprints, as may be required by
law, (e) establish general and field crime laboratories,  (f)
register  and  file  for  record  such  information as may be
required  by  law  for  the  issuance  of   firearm   owner's
identification   cards,   (g)   employ  polygraph  operators,
laboratory technicians and other specially qualified  persons
to  aid  in  the identification of criminal activity, and (h)
undertake such other identification, information, laboratory,
statistical or registration activities as may be required  by
law.
    6.  To   (a)  acquire  and  operate  one  or  more  radio
broadcasting stations in the State  to  be  used  for  police
purposes,  (b)  operate a statewide communications network to
gather  and  disseminate  information  for  law   enforcement
agencies,  (c)  operate  an  electronic  data  processing and
computer  center  for  the  storage  and  retrieval  of  data
pertaining to criminal activity, and (d) undertake such other
communication activities as may be required by law.
    7.  To provide, as may be required by law, assistance  to
local   law   enforcement   agencies  through  (a)  training,
management and consultant services for local law  enforcement
agencies, and (b) the pursuit of research and the publication
of studies pertaining to local law enforcement activities.
    8.  To  exercise the rights, powers and duties which have
been vested  in  the  Department  of  State  Police  and  the
Director  of  the  Department of State Police by the Narcotic
Control Division Abolition Act.
    9.  To exercise the rights, powers and duties which  have
been  vested  in  the  Department  of  Public  Safety  by the
Illinois Vehicle Code.
    10.  To exercise the rights, powers and duties which have
been vested in the Department of Public Safety by the Firearm
Owners Identification Card Act.
    11.  To  enforce  and  administer  such  other  laws   in
relation   to  law  enforcement  as  may  be  vested  in  the
Department.
    12.  To transfer jurisdiction  of  any  realty  title  to
which  is  held by the State of Illinois under the control of
the  Department  to  any  other  department  of   the   State
government  or  to the State Employees Housing Commission, or
to acquire  or  accept  Federal  land,  when  such  transfer,
acquisition or acceptance is advantageous to the State and is
approved in writing by the Governor.
    13.  With  the written approval of the Governor, to enter
into agreements with other departments created by  this  Act,
for the furlough of inmates of the penitentiary to such other
departments   for   their  use  in  research  programs  being
conducted by them.
    For  the  purpose  of  participating  in  such   research
projects,  the  Department  may  extend  the  limits  of  any
inmate's place of confinement, when there is reasonable cause
to  believe  that  the  inmate will honor his or her trust by
authorizing the inmate, under prescribed conditions, to leave
the confines of the place unaccompanied by a custodial  agent
of  the Department. The Department shall make rules governing
the transfer of the inmate to the requesting other department
having the approved research project, and the return of  such
inmate  to  the unextended confines of the penitentiary. Such
transfer shall be made only with the consent of the inmate.
    The willful failure of a prisoner to  remain  within  the
extended limits of his or her confinement or to return within
the  time  or  manner  prescribed to the place of confinement
designated by the Department in granting such extension shall
be deemed an  escape  from  custody  of  the  Department  and
punishable  as  provided in Section 3-6-4 of the Unified Code
of Corrections.
    14.  To provide investigative services, with all  of  the
powers  possessed by policemen in cities and sheriffs, in and
around all race tracks subject to the  Horse  Racing  Act  of
1975.
    15.  To  expend such sums as the Director deems necessary
from Contractual Services appropriations for the Division  of
Criminal  Investigation  for the purchase of evidence and for
the employment of persons to obtain evidence. Such sums shall
be advanced to agents authorized by the  Director  to  expend
funds, on vouchers signed by the Director.
    16.  To  assist  victims  and  witnesses  in  gang  crime
prosecutions through the administration of funds appropriated
from  the  Gang  Violence  Victims  and Witnesses Fund to the
Department.   Such  funds  shall  be  appropriated   to   the
Department  and  shall  only  be  used  to assist victims and
witnesses in gang crime prosecutions and such assistance  may
include any of the following:
         (a)  temporary living costs;
         (b)  moving expenses;
         (c)  closing costs on the sale of private residence;
         (d)  first month's rent;
         (e)  security deposits;
         (f)  apartment location assistance;
         (g)  other  expenses  which the Department considers
    appropriate; and
         (h)  compensation for any loss of or injury to  real
    or  personal  property  resulting  from a gang crime to a
    maximum of $5,000, subject to the following provisions:
              (1)  in the  case  of  loss  of  property,  the
         amount  of  compensation  shall  be  measured by the
         replacement cost of similar or like  property  which
         has  been  incurred by and which is substantiated by
         the property owner,
              (2)  in the case of  injury  to  property,  the
         amount of compensation shall be measured by the cost
         of repair incurred and which can be substantiated by
         the property owner,
              (3)  compensation  under  this  provision  is a
         secondary  source  of  compensation  and  shall   be
         reduced  by  any  amount the property owner receives
         from any other source as compensation for  the  loss
         or  injury,  including, but not limited to, personal
         insurance coverage,
              (4)  no compensation  may  be  awarded  if  the
         property  owner  was an offender or an accomplice of
         the offender, or if the award would unjustly benefit
         the offender or offenders, or an accomplice  of  the
         offender or offenders.
    No victim or witness may receive such assistance if he or
she  is  not  a  part  of  or fails to fully cooperate in the
prosecution  of  gang  crime  members  by   law   enforcement
authorities.
    The  Department  shall promulgate any rules necessary for
the implementation of this amendatory Act of 1985.
    17.  To conduct arson investigations.
    18.  To develop a separate statewide  statistical  police
contact  record  keeping  system  for  the  study of juvenile
delinquency. The records of this police contact system  shall
be  limited  to  statistical  information.   No  individually
identifiable  information  shall  be maintained in the police
contact statistical record system.
    19.  To develop a separate statewide central adjudicatory
and dispositional records system for persons under  19  years
of  age  who  have  been adjudicated delinquent minors and to
make information available to local registered  participating
police  youth  officers so that police youth officers will be
able to obtain rapid access to the juvenile's background from
other jurisdictions to the end that the police youth officers
can make appropriate dispositions which will best  serve  the
interest   of  the  child  and  the  community.   Information
maintained  in  the  adjudicatory  and  dispositional  record
system shall be limited to  the  incidents  or  offenses  for
which  the minor was adjudicated delinquent by a court, and a
copy of the court's dispositional  order.   All  individually
identifiable  records  in  the adjudicatory and dispositional
records system shall be destroyed when the person reaches  19
years of age.
    20.  To develop rules which guarantee the confidentiality
of    such   individually   identifiable   adjudicatory   and
dispositional records except when used for the following:
         (a)  by authorized juvenile court personnel  or  the
    State's Attorney in connection with proceedings under the
    Juvenile Court Act of 1987; or
         (b)  inquiries    from   registered   police   youth
    officers.
    For the purposes of this Act "police youth officer" means
a member of a  duly  organized  State,  county  or  municipal
police  force  who  is assigned by his or her Superintendent,
Sheriff or chief of police, as the case may be, to specialize
in youth problems.
    21.  To develop administrative rules  and  administrative
hearing  procedures which allow a minor, his or her attorney,
and his or her parents or  guardian  access  to  individually
identifiable  adjudicatory  and dispositional records for the
purpose of determining or challenging  the  accuracy  of  the
records.  Final  administrative decisions shall be subject to
the provisions of the Administrative Review Law.
    22.  To charge,  collect,  and  receive  fees  or  moneys
equivalent  to  the  cost  of  providing  Department of State
Police  personnel,   equipment,   and   services   to   local
governmental  agencies  when  explicitly requested by a local
governmental agency  and  pursuant  to  an  intergovernmental
agreement  as provided by this Section, other State agencies,
and federal agencies, including but not limited  to  fees  or
moneys  equivalent  to  the  cost  of  providing  dispatching
services,  radio  and  radar  repair,  and  training to local
governmental agencies on such terms and conditions as in  the
judgment  of  the  Director  are  in the best interest of the
State; and to establish, charge, collect and receive fees  or
moneys  based  on the cost of providing responses to requests
for criminal history record information pursuant to  positive
identification  and  any  Illinois or federal law authorizing
access to some aspect of such information  and  to  prescribe
the  form  and  manner  for  requesting  and  furnishing such
information to the requestor on such terms and conditions  as
in  the  judgment of the Director are in the best interest of
the  State,  provided  fees  for  requesting  and  furnishing
criminal  history  record  information  may  be  waived   for
requests  in the due administration of the criminal laws. The
Department may also  charge,  collect  and  receive  fees  or
moneys  equivalent  to  the cost of providing electronic data
processing lines or  related  telecommunication  services  to
local  governments,  but  only  when  such  services  can  be
provided   by  the  Department  at  a  cost  less  than  that
experienced by said local governments  through  other  means.
All  services  provided  by the Department shall be conducted
pursuant   to    contracts    in    accordance    with    the
Intergovernmental  Cooperation Act, and all telecommunication
services shall be provided  pursuant  to  the  provisions  of
Section 67.18 of this Code.
    All fees received by the Department of State Police under
this  Act  or the Illinois Uniform Conviction Information Act
shall be deposited in a special fund in the State Treasury to
be known  as  the  State  Police  Services  Fund.  The  money
deposited   in  the  State  Police  Services  Fund  shall  be
appropriated to the Department of State Police  for  expenses
of the Department of State Police.
    Upon  the  completion  of  any audit of the Department of
State Police as prescribed by  the  Illinois  State  Auditing
Act,  which  audit  includes  an  audit  of  the State Police
Services Fund, the Department of State Police shall make  the
audit open to inspection by any interested person.
    23.  To  exercise the powers and perform the duties which
have been vested in the Department of  State  Police  by  the
Intergovernmental  Missing Child Recovery Act of 1984, and to
establish  reasonable  rules  and  regulations   necessitated
thereby.
    24. (a)  To   establish  and  maintain  a  statewide  Law
Enforcement Agencies Data System (LEADS) for the  purpose  of
providing   electronic   access  by  authorized  entities  to
criminal justice data repositories and effecting an immediate
law enforcement  response  to  reports  of  missing  persons,
including  lost,  missing  or runaway minors.  The Department
shall implement an automatic data exchange system to compile,
to maintain and to make available to  other  law  enforcement
agencies  for  immediate  dissemination data which can assist
appropriate  agencies  in  recovering  missing  persons   and
provide   access  by  authorized  entities  to  various  data
repositories available through LEADS for criminal justice and
related purposes.  To help  assist  the  Department  in  this
effort,  funds may be appropriated from the LEADS Maintenance
Fund.
    (b)  In exercising its duties under this subsection,  the
Department shall:
         (1)  provide  a  uniform  reporting  format  for the
    entry of pertinent information regarding the report of  a
    missing person into LEADS;
         (2)  develop   and  implement  a  policy  whereby  a
    statewide or regional alert would be used  in  situations
    relating  to  the disappearances of individuals, based on
    criteria and in a format established by  the  Department.
    Such  a  format shall include, but not be limited to, the
    age of the missing person and the suspected  circumstance
    of the disappearance;
         (3)  notify   all   law  enforcement  agencies  that
    reports of missing persons shall be entered  as  soon  as
    the  minimum level of data specified by the Department is
    available to the reporting agency, and  that  no  waiting
    period for the entry of such data exists;
         (4)  compile  and retain information regarding lost,
    abducted, missing or runaway minors in  a  separate  data
    file, in a manner that allows such information to be used
    by  law enforcement and other agencies deemed appropriate
    by  the  Director,  for  investigative  purposes.    Such
    information shall include the disposition of all reported
    lost, abducted, missing or runaway minor cases;
         (5)  compile   and   maintain   an   historic   data
    repository relating to lost, abducted, missing or runaway
    minors  and other missing persons in order to develop and
    improve techniques utilized by law  enforcement  agencies
    when responding to reports of missing persons; and
         (6)  create  a  quality  control  program  regarding
    confirmation   of  missing  person  data,  timeliness  of
    entries  of  missing  person  reports  into   LEADS   and
    performance audits of all entering agencies.
    25.  On   request   of   a   school   board  or  regional
superintendent of schools, to conduct an inquiry pursuant  to
Section 10-21.9 or 34-18.5 of the School Code to ascertain if
an  applicant  for  employment  in a school district has been
convicted of any criminal  or  drug  offenses  enumerated  in
Section   10-21.9   or  34-18.5  of  the  School  Code.   The
Department shall furnish such conviction information  to  the
President  of  the  school board of the school district which
has requested the information,  or  if  the  information  was
requested  by  the  regional  superintendent to that regional
superintendent.
    26.  To promulgate rules and  regulations  necessary  for
the  administration and enforcement of its powers and duties,
wherever  granted  and  imposed,  pursuant  to  the  Illinois
Administrative Procedure Act.
    27.  To  (a)   promulgate   rules   pertaining   to   the
certification,  revocation  of  certification and training of
law enforcement officers as electronic criminal  surveillance
officers,  (b)  provide  training and technical assistance to
State's  Attorneys  and  local   law   enforcement   agencies
pertaining    to    the    interception   of   private   oral
communications,  (c)  promulgate  rules  necessary  for   the
administration  of  Article  108B  of  the  Code  of Criminal
Procedure of 1963, including but not limited to standards for
recording   and   minimization   of    electronic    criminal
surveillance   intercepts,   documentation   required  to  be
maintained during an intercept,  procedures  in  relation  to
evidence   developed  by  an  intercept,  and  (d)  charge  a
reasonable fee to each  law  enforcement  agency  that  sends
officers   to   receive   training   as  electronic  criminal
surveillance officers.
    28.  Upon the request of any private  organization  which
devotes  a  major  portion  of  its  time to the provision of
recreational, social, educational or child safety services to
children, to conduct, pursuant  to  positive  identification,
criminal   background   investigations   of   all   of   that
organization's   current   employees,   current   volunteers,
prospective  employees or prospective volunteers charged with
the care and custody of children during the provision of  the
organization's  services,  and  to  report  to the requesting
organization any record  of  convictions  maintained  in  the
Department's  files about such persons.  The Department shall
charge an application fee, based on  actual  costs,  for  the
dissemination  of  conviction  information  pursuant  to this
subsection.  The Department is empowered  to  establish  this
fee  and  shall  prescribe the form and manner for requesting
and  furnishing  conviction  information  pursuant  to   this
subsection. Information received by the organization from the
Department concerning an individual shall be provided to such
individual.    Any   such   information   obtained   by   the
organization shall be confidential and may not be transmitted
outside the organization and may not be transmitted to anyone
within  the  organization except as needed for the purpose of
evaluating the individual.  Only  information  and  standards
which   bear  a  reasonable  and  rational  relation  to  the
performance of child care shall be used by the  organization.
Any  employee  of  the  Department or any member, employee or
volunteer  of   the   organization   receiving   confidential
information  under  this subsection who gives or causes to be
given any confidential information  concerning  any  criminal
convictions  of  an  individual  shall be guilty of a Class A
misdemeanor unless release of such information is  authorized
by this subsection.
    29.  Upon  the  request of the Department of Children and
Family Services, to investigate reports  of  child  abuse  or
neglect.
    30.  To  obtain registration of a fictitious vital record
pursuant to Section 15.1 of the Vital Records Act.
    31.  To collect and disseminate information  relating  to
"hate crimes" as defined under Section 12-7.1 of the Criminal
Code  of  1961  contingent  upon the availability of State or
Federal funds to revise  and  upgrade  the  Illinois  Uniform
Crime  Reporting  System.  All law enforcement agencies shall
report monthly to the Department of State  Police  concerning
such  offenses  in  such  form  and  in such manner as may be
prescribed by rules and regulations adopted by the Department
of State Police.  Such information shall be compiled  by  the
Department  and be disseminated upon request to any local law
enforcement  agency,  unit  of  local  government,  or  state
agency.  Dissemination of such information shall  be  subject
to all confidentiality requirements otherwise imposed by law.
The  Department  of  State  Police shall provide training for
State Police officers  in  identifying,  responding  to,  and
reporting  all  hate  crimes. The Illinois Local Governmental
Law Enforcement Officer's Training Board  shall  develop  and
certify  a  course  of  such training to be made available to
local law enforcement officers.
    32.  Upon the request of a private carrier  company  that
provides transportation under Section 28b of the Metropolitan
Transit  Authority  Act,  to  ascertain if an applicant for a
driver position has been convicted of any  criminal  or  drug
offense enumerated in Section 28b of the Metropolitan Transit
Authority  Act.   The Department shall furnish the conviction
information to the private carrier company that requested the
information.
    33.  To apply for grants or contracts,  receive,  expend,
allocate,  or  disburse  funds  and  moneys made available by
public or private entities, including, but  not  limited  to,
contracts,  bequests,  grants,  or  receiving  equipment from
corporations, foundations, or public or private  institutions
of  higher  learning.   All  funds received by the Department
from these sources shall be deposited  into  the  appropriate
fund  in  the  State  Treasury  to  be  appropriated  to  the
Department  for  purposes  as  indicated  by  the  grantor or
contractor or, in the case of funds or moneys  bequeathed  or
granted  for  no  specific purpose, for any purpose as deemed
appropriate   by   the   Director   in   administering    the
responsibilities of the Department.
    34.  Upon  the  request of the Department of Children and
Family Services, the Department of State Police shall provide
properly designated employees of the Department  of  Children
and  Family Services with criminal history record information
as defined in the Illinois Uniform Conviction Information Act
and  information   maintained   in   the   adjudicatory   and
dispositional  record  system as defined in subdivision (A)19
of this Section 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.  The request shall be in the  form  and  manner
specified by the Department of State Police.
    35.  The   Illinois   Department  of  Public  Aid  is  an
authorized entity under  this  Section  for  the  purpose  of
obtaining  access  to  various  data  repositories  available
through  LEADS, to facilitate the location of individuals for
establishing  paternity,  and  establishing,  modifying,  and
enforcing child support obligations, pursuant to the Illinois
Public Aid Code and Title IV, Part D of the  Social  Security
Act.   The  Department shall enter into an agreement with the
Illinois Department  of  Public  Aid  consistent  with  these
purposes.
    (B)  The  Department  of  State  Police may establish and
maintain, within the Department of State Police, a  Statewide
Organized  Criminal  Gang Database (SWORD) for the purpose of
tracking organized  criminal  gangs  and  their  memberships.
Information  in  the database may include, but not be limited
to, the  name,  last  known  address,  birth  date,  physical
descriptions  (such  as  scars,  marks,  or tattoos), officer
safety information, organized gang affiliation, and  entering
agency   identifier.    The   Department   may   develop,  in
consultation with the Criminal Justice Information Authority,
and in a form and manner prescribed  by  the  Department,  an
automated  data  exchange system to compile, to maintain, and
to  make  this  information   electronically   available   to
prosecutors  and  to  other  law  enforcement  agencies.  The
information may be used by authorized agencies to combat  the
operations of organized criminal gangs statewide.
    (C)  The  Department  of  State  Police may ascertain the
number of  bilingual  police  officers  and  other  personnel
needed  to  provide services in a language other than English
and may  establish,  under  applicable  personnel  rules  and
Department  guidelines  or  through  a  collective bargaining
agreement, a bilingual pay supplement program.
    35.  The  Illinois  Department  of  Public  Aid   is   an
authorized  entity  under  this  Section  for  the purpose of
obtaining  access  to  various  data  repositories  available
through LEADS, to facilitate the location of individuals  for
establishing  paternity,  and  establishing,  modifying,  and
enforcing  child  support obligations, pursuant to the Public
Aid Code and Title IV, Section D of the Social Security  Act.
The  Department  shall  enter  into  an  agreement  with  the
Illinois  Department  of  Public  Aid  consistent  with these
purposes.
(Source:  P.A.  89-54,  eff.  6-30-95;  90-18,  eff.  7-1-97;
90-130, eff. 1-1-98; 90-372, eff. 7-1-98; revised 1-5-98.)

    Section 33.  The Department of Veterans  Affairs  Act  is
amended by changing Section 2 as follows:

    (20 ILCS 2805/2) (from Ch. 126 1/2, par. 67)
    Sec.  2.   Powers  and duties.  The Department shall have
the following powers and duties:
    To perform such acts at the request of  any  veteran,  or
his or her spouse, surviving spouse or dependents as shall be
reasonably  necessary  or reasonably incident to obtaining or
endeavoring  to  obtain  for  the  requester  any  advantage,
benefit or emolument accruing or due to such person under any
law of the United States, the State of Illinois or any  other
state or governmental agency by reason of the service of such
veteran, and in pursuance thereof shall:
         1.  Contact veterans, their survivors and dependents
    and advise them of the benefits of state and federal laws
    and assist them in obtaining such benefits;
         2.  Establish   field   offices   and   direct   the
    activities of the personnel assigned to such offices;
         3.  Create  a  volunteer  field  force of accredited
    representatives, representing  educational  institutions,
    labor  organizations,  veterans organizations, employers,
    churches, and farm organizations;
         4.  Conduct informational and training services;
         5.  Conduct educational programs through newspapers,
    periodicals  and  radio  for  the  specific  purpose   of
    disseminating  information  affecting  veterans and their
    dependents;
         6.  Coordinate the services and  activities  of  all
    state departments having services and resources affecting
    veterans and their dependents;
         7.  Encourage  and  assist  in  the  coordination of
    agencies within counties giving service to  veterans  and
    their dependents;
         8.  Cooperate  with veterans organizations and other
    governmental agencies;
         9.  Make, alter,  amend  and  promulgate  reasonable
    rules  and procedures for the administration of this Act;
    and
         10.  Make and publish annual reports to the Governor
    regarding the administration and general operation of the
    Department.
         11.  Encourage the State to implement more  programs
    to address the wide range of issues faced by Persian Gulf
    War  Veterans,  especially those who took part in combat,
    by creating  an  official  commission  to  further  study
    Persian  Gulf  War Diseases. The commission shall consist
    of 9 members  appointed  as  follows:   the  Speaker  and
    Minority  Leader  of the House of Representatives and the
    President and Minority Leader of the  Senate  shall  each
    appoint   one  member  from  the  General  Assembly,  the
    Governor shall appoint 4 members to  represent  veterans'
    organizations,  and  the  Department  shall  appoint  one
    member.   The  commission  members  shall  serve  without
    compensation.
    The  Department  may  accept  and  hold  on behalf of the
State, if for the public interest, a grant, gift,  devise  or
bequest  of  money or property to the Department made for the
general benefit of Illinois veterans, including  the  conduct
of  informational and training services by the Department and
other authorized purposes of the Department.  The  Department
shall cause each grant, gift, devise or bequest to be kept as
a  distinct  fund  and  shall invest such funds in the manner
provided by the  Public  Funds  Investment  Act,  as  now  or
hereafter  amended,  and  shall  make  such reports as may be
required by the Comptroller concerning what funds are so held
and  the  manner  in  which  such  funds  are  invested.  The
Department may make grants from these funds for  the  general
benefit  of  Illinois  veterans.   Grants  from  these funds,
except for the funds established  under  Sections  2.01a  and
2.03, shall be subject to appropriation.
(Source:  P.A.  90-142,  eff.  1-1-98;  90-168, eff. 7-23-97;
revised 11-13-97.)

    Section 34.  The Capital Development Board Act is amended
by changing Section 14 as follows:

    (20 ILCS 3105/14) (from Ch. 127, par. 783.01)
    Sec. 14.  (a)  It is the purpose of this Act  to  provide
for  the  promotion  and preservation of the arts by securing
suitable works of art for the adornment of  public  buildings
constructed  or subjected to major renovation by the State or
which  utilize  State  funds,  and  thereby  reflecting   our
cultural  heritage,  with  emphasis  on the works of Illinois
artists.
    (b)  As used in this Act:  "Works of art" shall apply  to
and  include  paintings,  prints, sculptures, graphics, mural
decorations, stained glass, statues  statutes,  bas  reliefs,
ornaments,  fountains, ornamental gateways, or other creative
works which reflect form, beauty and aesthetic perceptions.
    (c)  Beginning with the fiscal year ending June 30, 1979,
and for each succeeding fiscal year thereafter,  the  Capital
Development  Board  shall  set  aside 1/2 of 1 percent of the
amount  authorized  and  appropriated  for  construction   or
reconstruction  of  each public building financed in whole or
in part by State funds and generally accessible to  and  used
by the public for purchase and placement of suitable works of
art  in such public buildings.  The location and character of
the work or works of art  to  be  installed  in  such  public
buildings  shall  be  determined  by the designing architect,
provided, however, that the work or works of art shall be  in
a permanent and prominent location.
    (d)  There  is  created  a  Fine  Arts  Review  Committee
consisting  of  the  designing architect, the Chairman of the
Illinois Arts Council or his designee, the  Director  of  the
Illinois State Museum or his designee, and three persons from
the  area  in  which  the  project  is  to be located who are
familiar with the local area and are knowledgeable in matters
of art.  Of the three local members, two shall be selected by
the County Board to  the  County  in  which  the  project  is
located and one shall be selected by the Mayor or other chief
executive officer of the municipality in which the project is
located.    The  Committee,  after  such  study  as  it deems
necessary, shall recommend three artists or works of  art  in
order  of  preference, to the Capital Development Board.  The
Board  will  make  the  final  selection   from   among   the
recommendations submitted to it.
    (e)  There  is  created  a Public Arts Advisory Committee
whose function is to advise the Capital Development Board and
the Fine Arts  Review  Committee  on  various  technical  and
aesthetic perceptions that may be utilized in the creation or
major  renovation  of  public  buildings.   The  Public  Arts
Advisory  Committee  shall  consist  of  12 members who shall
serve for terms of 2 years ending on June 30 of odd  numbered
years,  except  the  first  appointees to the Committee shall
serve for a term ending  June  30,  1979.   The  Public  Arts
Advisory  Committee  shall  meet four times each fiscal year.
Four members shall be appointed by the Governor;  four  shall
be  chosen  by the Senate, two of whom shall be chosen by the
President, two by the minority  leader;  and  four  shall  be
appointed  by the House of Representatives, two of whom shall
be chosen by the Speaker and  two  by  the  minority  leader.
There  shall  also be a Chairman who shall be chosen from the
committee members by the majority vote of that Committee.
    (f)  All necessary expenses of the Public  Arts  Advisory
Committee and the Fine Arts Review Committee shall be paid by
the Capital Development Board.
(Source: P.A. 80-241; revised 12-18-97.)

    Section 35.  The Illinois Health Facilities Authority Act
is amended by changing Section 17 as follows:

    (20 ILCS 3705/17) (from Ch. 111 1/2, par. 1117)
    Sec. 17. Refunding bonds.
    (a) The  Authority  is  authorized  to  provide  for  the
issuance  of  bonds  of  the  Authority  for  the  purpose of
refunding  any  bonds  of  the  Authority  then  outstanding,
including the payment of any redemption premium  thereon  and
any  interest  accrued  or  to  accrue to the earliest or any
subsequent date of redemption, purchase  or  maturity  of  os
such  bonds,  and,  if deemed advisable by the Authority, for
the additional purpose of paying all or any part of the  cost
of   construction   and  acquiring  additions,  improvements,
extensions or  enlargements  of  a  project  or  any  portion
thereof,  or  any  health  facilities of which it is a part;,
provided, however, that no such bonds shall be issued  unless
the  Authority shall have first entered into a new or amended
lease  with,  or  shall  have  received  a  new  or   amended
agreement,  note  not,  mortgage or other security from or on
behalf of, a participating health  institution,  which  shall
provide  for  the payment of revenues adequate to satisfy the
requirements of Section 14 of this Act.
    (b)  The proceeds  of  any  such  bonds  issued  for  the
purpose  of refunding outstanding bonds, in the discretion of
the Authority, may be applied to the purchase  or  retirement
at maturity or redemption of such outstanding bonds either on
their  earliest or any subsequent redemption date or upon the
purchase or at the maturity thereof, may be  applied  to  pay
interest  or principal on such refunding bonds or outstanding
bonds pending application to  such  purchase,  retirement  or
redemption or if no such application is made and may, pending
such  application,  be placed in escrow to be applied to such
purchase or retirement at maturity or redemption on such date
as may be determined by the Authority.
    (c)  Any such escrowed proceeds, pending such use, may be
invested  and  reinvested  in  direct  obligations   of,   or
obligations,   the   principal  and  interest  of  which  are
guaranteed by, the United States of America, in evidences  of
a  direct  ownership  interest in amounts payable upon any of
the  foregoing  obligations,   in   obligations   issued   or
guaranteed  by  any  agency  or instrumentality of the United
States of America, in certificates of deposit  of,  and  time
deposits in, any bank as defined by the Illinois Banking Act,
as  now or hereafter amended, which certificates and deposits
are insured by the  Federal  Deposit  Insurance  Corporation,
Federal  Savings  and  Loan  Insurance Corporation or similar
federal agency, if then in existence, or in such  obligations
or  investments  as  are  provided in or permitted by a trust
agreement, trust indenture, indenture of mortgage or deed  of
trust  or  other  agreement to which the Authority is a party
and pursuant to which the outstanding bonds to be so refunded
were issued or secured, maturing at such  time  or  times  as
shall  be  appropriate  to  assure  the prompt payment of the
principal of and interest and redemption premium, if any,  on
the  outstanding  bonds to be so refunded or the bonds issued
to effect such refunding, as the  case  may  be,  or  of  the
purchase price thereof.  The interest, income and profits, if
any,  earned  or  realized on any such investment may also be
applied to such payment or purchase.  Only after the terms of
the escrow have been fully satisfied  and  carried  out,  any
balance of such proceeds and interest, income and profits, if
any,  earned  or realized on the investments thereof shall be
returned to the participating health institution for  use  by
it in any lawful manner.
    (d)  All  such  bonds shall be subject to this Act in the
same manner and to the same  extent  as  other  bonds  issued
pursuant to this Act.
(Source: P.A. 85-1173; revised 7-21-97.)

    Section  36.  The Correctional Budget and Impact Note Act
is amended by changing Section 5 as follows:

    (25 ILCS 70/5) (from Ch. 63, par. 42.85)
    Sec. 5.  The note shall be factual in  nature,  as  brief
and  concise  as  may  be,  and  shall provide as reliable an
estimate, in terms of population and  dollar  impact,  as  is
possible  under  the  circumstances.   The note shall include
both the immediate effect, and if determinable or  reasonably
foreseeable forseeable, the long-range effect of the measure.
    If, after careful investigation, it is determined that no
population  or  dollar  estimate  is possible, the note shall
contain a statement to that effect, setting forth the reasons
why no such estimate can be given.  A brief summary  or  work
sheet  of  computations  used  in  arriving at the Budget and
Impact Note figures shall be supplied.
(Source: P.A. 83-1031; revised 7-21-97.)

    Section 37.  The State Finance Act is amended by  setting
forth  and  renumbering  multiple versions of Sections 5.449,
5.450, and 5.451 and changing Section 8.25 as follows:

    (30 ILCS 105/5.449)
    Sec. 5.449.   The  Department  of  Corrections  Education
Fund.
(Source: P.A. 90-9, eff. 7-1-97.)

    (30 ILCS 105/5.450)
    Sec.  5.450.  The Department of Corrections Reimbursement
Fund.
(Source: P.A. 90-9, eff. 7-1-97.)

    (30 ILCS 105/5.451)
    Sec. 5.451.  The State Asset Forfeiture Fund.
(Source: P.A. 90-9, eff. 7-1-97.)

    (30 ILCS 105/5.453)
    Sec. 5.453. 5.449.  The Grape and Wine Resources Fund.
(Source: P.A. 90-77, eff. 7-8-97; revised 11-21-97.)
    (30 ILCS 105/5.454)
    Sec. 5.454. 5.449.  The Industrial Commission  Operations
Fund.
(Source: P.A. 90-109, eff. 1-1-98; revised 11-21-97.)

    (30 ILCS 105/5.455)
    Sec. 5.455. 5.449.  The Brownfields Redevelopment Fund.
(Source: P.A. 90-123, eff. 7-21-97; revised 11-21-97.)

    (30 ILCS 105/5.456)
    Sec. 5.456. 5.449.  The LEADS Maintenance Fund.
(Source: P.A. 90-130, eff. 1-1-98; revised 11-21-97.)

    (30 ILCS 105/5.457)
    Sec. 5.457. 5.450.  The State Offender DNA Identification
System Fund.
(Source: P.A. 90-130, eff. 1-1-98; revised 11-21-97.)

    (30 ILCS 105/5.458)
    Sec.  5.458.  5.449.   The  Sex Offender Management Board
Fund.
(Source: P.A. 90-133, eff. 7-22-97; revised 11-21-97.)

    (30 ILCS 105/5.459)
    Sec. 5.459. 5.449.  The Mental Health Research Fund.
(Source: P.A. 90-171, eff. 7-23-97; revised 11-21-97.)

    (30 ILCS 105/5.460)
    Sec. 5.460. 5.450.  The Children's Cancer Fund.
(Source: P.A. 90-171, eff. 7-23-97; revised 11-21-97.)

    (30 ILCS 105/5.461)
    Sec. 5.461. 5.451.   The  American  Diabetes  Association
Fund.
(Source: P.A. 90-171, eff. 7-23-97; revised 11-21-97.)

    (30 ILCS 105/5.462)
    Sec. 5.462. 5.449.  The Sex Offender Registration Fund.
(Source: P.A. 90-193, eff. 7-24-97; revised 11-21-97.)

    (30 ILCS 105/5.463)
    Sec. 5.463. 5.449.  The Domestic Violence Abuser Services
Fund.
(Source: P.A. 90-241, eff. 1-1-98; revised 11-21-97.)

    (30 ILCS 105/5.464)
    Sec. 5.464. 5.449.  Police Training Board Services Fund.
(Source: P.A. 90-259, eff. 7-30-97; revised 11-21-97.)

    (30 ILCS 105/5.465)
    Sec. 5.465. 5.449.  The Off-Highway Vehicle Trails Fund.
(Source: P.A. 90-287, eff. 1-1-98; revised 11-21-97.)

    (30 ILCS 105/5.466)
    Sec. 5.466. 5.449. The Health Facility Plan Review Fund.
(Source: P.A. 90-327, eff. 8-8-97; revised 11-21-97.)

    (30 ILCS 105/5.467)
    Sec. 5.467. 5.449.  The Elderly Victim Fund.
(Source: P.A. 90-414, eff. 1-1-98; revised 11-21-97.)

    (30 ILCS 105/5.468)
    Sec.  5.468.  5.450.  The  Attorney General Court Ordered
and Voluntary Compliance Payment Projects Fund.
(Source: P.A. 90-414, eff. 1-1-98; revised 11-21-97.)

    (30 ILCS 105/5.469)
    Sec. 5.469. 5.449.  The School Technology Revolving Fund.
(Source: P.A. 90-463, eff. 8-17-97; revised 11-21-97.)

    (30 ILCS 105/5.470)
    Sec. 5.470. 5.449.   The  Temporary  Relocation  Expenses
Revolving Grant Fund.
(Source: P.A. 90-464, eff. 8-17-97; revised 11-21-97.)

    (30 ILCS 105/5.471)
    Sec. 5.471. 5.449.  The Pawnbroker Regulation Fund.
(Source: P.A. 90-477, eff. 7-1-98; revised 11-21-97.)

    (30 ILCS 105/5.472)
    Sec. 5.472. 5.448.  The Drycleaner Environmental Response
Trust Fund.
(Source: P.A. 90-502, eff. 8-19-97; revised 11-21-97.)

    (30 ILCS 105/5.473)
    Sec. 5.473. 5.449.  The Illinois and Michigan Canal Fund.
(Source: P.A. 90-527, eff. 11-13-97; revised 11-21-97.)

    (30 ILCS 105/5.474)
    Sec.  5.474.  5.449.  The  Do-It-Yourself  School Funding
Fund.
(Source: P.A. 90-553, eff. 6-1-98; revised 11-21-97.)

    (30 ILCS 105/5.475)
    Sec. 5.475. 5.449.  The Renewable Energy Resources  Trust
Fund.
(Source: P.A. 90-561, eff. 12-16-97; revised 11-21-97.)

    (30 ILCS 105/5.476)
    Sec. 5.476. 5.450.  The Energy Efficiency Trust Fund.
(Source: P.A. 90-561, eff. 12-16-97; revised 11-21-97.)
    (30 ILCS 105/5.477)
    Sec.  5.477.  5.451.  The  Supplemental Low-Income Energy
Assistance Fund.
(Source: P.A. 90-561, eff. 12-16-97; revised 11-21-97.)

    (30 ILCS 105/8.25) (from Ch. 127, par. 144.25)
    Sec. 8.25.  Build Illinois Fund; uses.
    (A)  All moneys in  the  Build  Illinois  Fund  shall  be
transferred,  appropriated,  and  used  only for the purposes
authorized by and subject to the limitations  and  conditions
prescribed   by  this  Section.  There  are  established  the
following accounts in the Build Illinois Fund: the  McCormick
Place  Account,  the  Build  Illinois Bond Account, the Build
Illinois Purposes Account, the  Park  and  Conservation  Fund
Account,  and  the Tourism Advertising and Promotion Account.
Amounts deposited into the Build Illinois Fund consisting  of
1.55%  before  July  1,  1986, and 1.75% on and after July 1,
1986, of moneys received by the Department of  Revenue  under
Section  9  of  the Use Tax Act, Section 9 of the Service Use
Tax Act, Section 9 of the Service  Occupation  Tax  Act,  and
Section  3  of  the  Retailers'  Occupation  Tax Act, and all
amounts deposited therein under Section 28  of  the  Illinois
Horse Racing Act of 1975, Section 4.05 of the Chicago World's
Fair  - 1992 Authority Act, and Sections 3 and 6 of the Hotel
Operators' Occupation Tax Act, shall be credited initially to
the McCormick Place Account and all other  amounts  deposited
into  the  Build Illinois Fund shall be credited initially to
the Build Illinois Bond Account.  Of the amounts initially so
credited to the McCormick Place Account in  each  month,  the
amount  that  is  to  be  transferred  in  that  month to the
Metropolitan Fair and Exposition Authority  Improvement  Bond
Fund,  as  provided  below,  shall  remain  credited  to  the
McCormick   Place  Account,  and  all  amounts  initially  so
credited in that  month  in  excess  thereof  shall  next  be
credited  to the Build Illinois Bond Account.  Of the amounts
credited to the Build Illinois Bond Account  in  each  month,
the  amount  that  is  to be transferred in that month to the
Build Illinois Bond Retirement and Interest Fund, as provided
below, shall remain  credited  to  the  Build  Illinois  Bond
Account,  and all amounts so credited in each month in excess
thereof shall next be  credited monthly to the other accounts
in the following order  of  priority:  first,  to  the  Build
Illinois Purposes Account, (a) 1/12, or in the case of fiscal
year  1986,  1/9, of the fiscal year amounts authorized to be
transferred to the Build Illinois Purposes Fund  as  provided
below  plus  (b) any cumulative deficiency in those transfers
for prior months;  second,  1/12  of  $10,000,000,  plus  any
cumulative deficiency in those transfers for prior months, to
the  Park  and  Conservation  Fund Account; and third, to the
General Revenue Fund in the State Treasury all  amounts  that
remain  in  the  Build  Illinois Fund on the last day of each
month and are not credited to any account in that Fund.
    Transfers from the McCormick Place Account in  the  Build
Illinois Fund shall be made as follows:
    Beginning  with  fiscal year 1985 and continuing for each
fiscal year thereafter, the Metropolitan Pier and  Exposition
Authority shall annually certify to the State Comptroller and
State  Treasurer the amount necessary and required during the
fiscal year with respect to which the certification  is  made
to pay the debt service requirements (including amounts to be
paid  with  respect  to  arrangements  to  provide additional
security or liquidity) on all outstanding  bonds  and  notes,
including refunding bonds (herein collectively referred to as
bonds)  of  issues  in  the  aggregate  amount (excluding the
amount of any refunding bonds issued by that Authority  after
January  1,  1986) of not more than $312,500,000 issued after
July 1, 1984, by that Authority for the purposes specified in
Sections  10.1  and  13.1  of  the  Metropolitan   Pier   and
Exposition  Authority  Act.  In each month of the fiscal year
in which there are bonds outstanding with  respect  to  which
the annual certification is made, the Comptroller shall order
transferred   and  the  Treasurer  shall  transfer  from  the
McCormick Place Account in the Build  Illinois  Fund  to  the
Metropolitan  Fair  and Exposition Authority Improvement Bond
Fund an amount equal to 150% of the certified amount for that
fiscal year divided by  the  number  of  months  during  that
fiscal  year in which bonds of the Authority are outstanding,
plus any cumulative deficiency in those transfers  for  prior
months;  provided,  that  the  maximum  amount that may be so
transferred in fiscal year 1985 shall not exceed  $15,000,000
or  a lesser sum as is actually necessary and required to pay
the debt service requirements  for  that  fiscal  year  after
giving  effect  to  net  operating revenues of that Authority
available for that purpose as certified  by  that  Authority,
and  provided  further that the maximum amount that may be so
transferred in fiscal year 1986 shall not exceed  $30,000,000
and   in   each  fiscal  year  thereafter  shall  not  exceed
$33,500,000 in any fiscal year or a lesser sum as is actually
necessary and required to pay the debt  service  requirements
for  that  fiscal  year  after giving effect to net operating
revenues of that Authority  available  for  that  purpose  as
certified by that Authority.
    When  an  amount equal to 100% of the aggregate amount of
principal and interest in each fiscal year  with  respect  to
bonds  issued  after  July  1,  1984, that by their terms are
payable from the Metropolitan Fair and  Exposition  Authority
Improvement   Bond   Fund,   including   under  sinking  fund
requirements, has been so paid and deficiencies  in  reserves
established  from bond proceeds shall have been remedied, and
at the time that those amounts have been transferred  to  the
Authority  as  provided  in  Section 13.1 of the Metropolitan
Pier and Exposition Authority Act, the remaining  moneys,  if
any, deposited and to be deposited during each fiscal year to
the  Metropolitan  Fair  and Exposition Authority Improvement
Bond Fund shall be transferred to the Metropolitan  Fair  and
Exposition Authority Completion Note Subordinate Fund.
    Transfers  from  the  Build  Illinois Bond Account in the
Build Illinois Fund shall be made as follows:
    Beginning with fiscal year 1986 and continuing  for  each
fiscal year thereafter so long as limited obligation bonds of
the  State  issued  under  the Build Illinois Bond Act remain
outstanding, the Comptroller shall order transferred and  the
Treasurer   shall  transfer  in  each  month,  commencing  in
October, 1985, on the last day of that month, from the  Build
Illinois  Bond  Account to the Build Illinois Bond Retirement
and Interest Fund in the State Treasury the  amount  required
to  be  so  transferred in that month under Section 13 of the
Build Illinois Bond Act.
    Transfers  from  the  remaining  accounts  in  the  Build
Illinois Fund shall be made in the following amounts  and  in
the following order of priority:
    Beginning  with  fiscal  year  1986  and  continuing each
fiscal year thereafter, as  soon  as  practicable  after  the
first  day  of  each  month, commencing in October, 1985, the
Comptroller shall order transferred and the  Treasurer  shall
transfer  from  the  Build  Illinois  Purposes Account in the
Build Illinois Fund  to  the  Build  Illinois  Purposes  Fund
1/12th  (or  in  the  case  of  fiscal  year 1986 1/9) of the
amounts specified below for the following fiscal years:
         Fiscal Year                       Amount
             1986                       $35,000,000
             1987                       $45,000,000
             1988                       $50,000,000
             1989                       $55,000,000
             1990                       $55,000,000
             1991                       $50,000,000
             1992                       $16,200,000
             1993                       $16,200,000,
plus any cumulative deficiency in those transfers  for  prior
months.
    As soon as may be practicable after the first day of each
month  beginning  after  July  1, 1984, the Comptroller shall
order transferred and the Treasurer shall transfer  from  the
Park and Conservation Fund Account in the Build Illinois Fund
to  the  Park and Conservation Fund 1/12 of $10,000,000, plus
any  cumulative  deficiency  in  those  transfers  for  prior
months, for conservation and park purposes as  enumerated  in
Section  63a36  of the Civil Administrative Code of Illinois,
and to pay the debt service requirements on  all  outstanding
bonds  of  an  issue in the aggregate amount of not more than
$40,000,000 issued after January 1, 1985,  by  the  State  of
Illinois  for  the  purposes specified in Section 3(c) of the
Capital Development  Bond  Act  of  1972,  or  for  the  same
purposes  as  specified in any other State general obligation
bond Act enacted after November 1, 1984. Transfers  from  the
Park  and  Conservation  Fund to the Capital Development Bond
Retirement and  Interest  Fund  to  pay  those  debt  service
requirements  shall  be made in accordance with Section 8.25b
of this Act.
    All funds remaining in the Build  Illinois  Fund  on  the
last day of any month and not credited to any account in that
Fund  shall  be  transferred  by  the  State Treasurer to the
General Revenue Fund.
    (B)  For  the  purpose  of  this   Section,   "cumulative
deficiency" shall include all deficiencies in those transfers
that  have  occurred  since  July  1,  1984,  as specified in
subsection (A) of this Section.
    (C)  In addition to any other permitted use of moneys  in
the  Fund,  and notwithstanding any restriction on the use of
the Fund, moneys in the Park and  Conservation  Fund  may  be
transferred  to  the  General  Revenue  Fund as authorized by
Public Act 87-14.  The General Assembly finds that an  excess
of  moneys  existed  in  the  Fund  on July 30, 1991, and the
Governor's order of July 30, 1991, requesting the Comptroller
and Treasurer to transfer an amount  from  the  Fund  to  the
General Revenue Fund is hereby validated.
    (D)  (Blank).
(Source:  P.A.  90-26,  eff.  7-1-97;  90-372,  eff.  7-1-98;
revised 11-18-97.)

    Section  38.   The  State  Officers  and  Employees Money
Disposition Act is amended by changing Section 2 as follows:

    (30 ILCS 230/2) (from Ch. 127, par. 171)
    Sec. 2.  Accounts of money received; payment  into  State
treasury.
    (a)   Every  officer,  board,  commission,  commissioner,
department, institution, arm or  agency  brought  within  the
provisions  of  this  Act  by  Section 1 hereof shall keep in
proper books  a  detailed  itemized  account  of  all  moneys
received  for  or on behalf of the State, showing the date of
receipt, the payor, and purpose and amount, and the date  and
manner of disbursement as hereinafter provided, and, unless a
different  time of payment is expressly provided by law or by
rules or regulations promulgated under subsection (b) of this
Section, shall pay into the State treasury the  gross  amount
of  money  so  received on the day of actual physical receipt
with respect to any single item of receipt exceeding $10,000,
within 24 hours of actual physical receipt with respect to an
accumulation of receipts of $10,000 or  more,  or  within  48
hours   of   actual  physical  receipt  with  respect  to  an
accumulation  of  receipts  exceeding  $500  but  less   than
$10,000,  disregarding holidays, Saturdays and Sundays, after
the receipt of same, without  any  deduction  on  account  of
salaries,  fees,  costs,  charges,  expenses or claims of any
description whatever; provided that:
         (1)  the provisions of  (i)  Section  39b32  of  the
    Civil  Administrative  Code  of  Illinois,  (ii) approved
    March 7, 1917, as amended, and  the  provisions  of   any
    specific  taxing  statute  authorizing a claim for credit
    procedure instead of the actual making of refunds,  (iii)
    and  the  provisions  of Section 505 of the "The Illinois
    Controlled Substances Act", approved August 16, 1971,  as
    amended,  authorizing  the  Director  of  State Police to
    dispose of forfeited property, which  includes  the  sale
    and  disposition of the proceeds of the sale of forfeited
    property,  and  the  Department  of  Central   Management
    Services  to  be  reimbursed  for costs incurred with the
    sales of forfeited vehicles, boats or aircraft and to pay
    to bona fide or innocent  purchasers,  conditional  sales
    vendors or mortgagees of such vehicles, boats or aircraft
    their  interest  in such vehicles, boats or aircraft, and
    (iv) the provisions of Section 6b-2  of  the  An  Act  in
    relation to State Finance Act, approved June 10, 1919, as
    amended,   establishing   procedures  for  handling  cash
    receipts from the sale of pari-mutuel  wagering  tickets,
    shall   not   be  deemed  to  be  in  conflict  with  the
    requirements of this Section;
         (2)  provided, further that any fees received by the
    State Registrar of Vital Records pursuant  to  the  Vital
    Records  Act  which  are  insufficient  in  amount may be
    returned by the Registrar as provided in that Act;
         (3)  provided, further that any fees received by the
    Department of  Public  Health  under  the  Food  Handling
    Regulation Enforcement Act that are submitted for renewal
    of an expired food service sanitation manager certificate
    may  be returned by the Director as provided in that Act;
    and
         (4)  provided, further that if the amount  of  money
    received does not exceed $500, such money may be retained
    and  need  not  be paid into the State treasury until the
    total amount of money so received exceeds $500, or  until
    the  next  succeeding  1st  or 15th day of each month (or
    until the next business day if these days fall on  Sunday
    or  a  holiday),  whichever  is earlier, at which earlier
    time such money shall be paid into  the  State  treasury,
    except   that  if  a  local  bank  or  savings  and  loan
    association account  has  been  authorized  by  law,  any
    balances  shall be paid into the State treasury on Monday
    of each week if more than $500 is to be deposited in  any
    fund.
Single  items  of  receipt  exceeding  $10,000 received after
2 p.m. on a working day may be deemed to have  been  received
on  the  next  working  day  for  purposes  of fulfilling the
requirement that the item be deposited on the day  of  actual
physical receipt.
    No  money  belonging  to or left for the use of the State
shall be expended or applied  except  in  consequence  of  an
appropriation  made  by law and upon the warrant of the State
Comptroller.  However, payments made by  the  Comptroller  to
persons  by  direct deposit need not be made upon the warrant
of the Comptroller, but if not made upon a warrant, shall  be
made   in   accordance   with  Section  9.02  of  the  "State
Comptroller Act".  All moneys so paid into the State treasury
shall, unless required by some statute  to  be  held  in  the
State treasury in a separate or special fund, be covered into
the  General Revenue Fund in into the State treasury.  Moneys
received in the form of checks, drafts or similar instruments
shall be properly endorsed, if necessary,  and  delivered  to
the  State  Treasurer  for  collection.   The State Treasurer
shall remit such collected funds to the  depositing  officer,
board, commission, commissioner, department, institution, arm
or  agency  by  Treasurers  Draft or through electronic funds
transfer.  The Said draft or notification of  the  electronic
funds  transfer shall be provided to the State Comptroller to
allow deposit into the appropriate fund.
    (b)  Different time periods for  the  payment  of  public
funds  into  the State treasury or to the State Treasurer, in
excess of the periods established in subsection (a)  of  this
Section,  but  not in excess of 30 days after receipt of such
funds, may be established and revised from time  to  time  by
rules   or  regulations  promulgated  jointly  by  the  State
Treasurer and the State Comptroller in  accordance  with  the
"The   Illinois   Administrative   Procedure  Act",  approved
September 22, 1975, as amended.  The different  time  periods
established  by  rule or regulation under this subsection may
vary according  to  the  nature  and  amounts  of  the  funds
received,  the  locations  at  which  the funds are received,
whether compliance with the deposit requirements specified in
subsection (a) of this Section would be cost  effective,  and
such  other  circumstances and conditions as the promulgating
authorities consider to be appropriate.   The  Treasurer  and
the  Comptroller shall review all such different time periods
established pursuant to this subsection every  2  years  from
the  establishment thereof and upon such review, unless it is
determined that it is economically unfeasible for the  agency
to comply with the provisions of subsection (a), shall repeal
such different time period.
(Source:  P.A.  89-641,  eff.  8-9-96;  90-37,  eff. 6-27-97;
revised 11-20-97.)

    Section 39.  The  Illinois  Coal  Technology  Development
Assistance Act is amended by changing Section 4 as follows:

    (30 ILCS 730/4) (from Ch. 96 1/2, par. 8204)
    Sec.  4.   Expenditures  from Coal Technology Development
Assistance Fund.
    (a)  The contents  of  the  Coal  Technology  Development
Assistance  Fund may be expended, subject to appropriation by
the General Assembly, in such amounts and at  such  times  as
the  Department,  with  the  advice and recommendation of the
Board, may deem necessary or desirable for  the  purposes  of
this Act.
    (b)  The   Department   shall   develop  a  written  plan
containing measurable 3-year and 10-year goals and objectives
in  regard  to  the  funding  of  coal  research   and   coal
demonstration  and  commercialization  projects, and programs
designed to preserve and enhance markets for  Illinois  coal.
In  developing  these  goals  and  objectives, the Department
shall consider and determine the appropriate balance for  the
achievement  of  near-term and long-term goals and objectives
and  of  ensuring  the  timely  commercial   application   of
cost-effective technologies or energy and chemical production
processes  or  systems  utilizing coal.  The Department shall
develop the  initial  goals  and  objectives  no  later  than
December 1, 1993, and develop revised goals and objectives no
later than July 1 annually thereafter.
    (c)  (Blank).
(Source:  P.A.  89-499,  eff.  6-28-96;  90-348, eff. 1-1-98;
90-372, eff. 7-1-98; revised 11-18-97.)

    Section  40.   The  State  Mandates  Act  is  amended  by
changing Section 8.21 and renumbering Section 8.22 (as  added
by Public Act 90-4) as follows:

    (30 ILCS 805/8.21)
    Sec.   8.21.   8.22.   Exempt  mandate.   Notwithstanding
Sections 6 and 8 of this Act, no reimbursement by  the  State
is  required for the implementation of any mandate created by
Public Act 89-705, 89-718, 90-4, 90-7,  90-27,  9-28,  90-31,
90-32,   90-186,  90-204,  90-258,  90-288,  90-350,  90-448,
90-460, 90-497, 90-511, 90-524,  90-531,  90-535,  or  90-551
this  amendatory  Act  of  1997  (House  Bill  66 of the 90th
General Assembly) or by House Bill 165 of  the  90th  General
Assembly.
(Source:  P.A.  89-683,  eff.  6-1-97 (repealed by P.A. 90-6,
eff. 6-3-97); 89-705,  eff.  1-31-97;  89-718,  eff.  3-7-97;
90-4,  eff.  3-7-97;  90-7, eff. 6-10-97; 90-27, eff. 1-1-98;
90-31,  eff.  6-27-97;  90-32,  eff.  6-27-97;  90-186,  eff.
7-24-97; 90-204, eff. 7-25-97; 90-258, eff. 7-30-97;  90-288,
eff.  8-1-97;  90-350,  eff,  1-1-98;  90-448,  eff. 8-16-97;
90-460, eff. 8-17-97;  90-497,  eff.  8-18-97;  90-511,  eff.
8-22-97;  90-524,  eff.  1-1-98; 90-531, eff. 1-1-98; 90-535,
eff. 11-14-97; 90-551, eff. 12-12-97; revised 1-9-98.)

    Section 41.  The Illinois Income Tax Act  is  amended  by
changing Sections 201 and 901 as follows:

    (35 ILCS 5/201) (from Ch. 120, par. 2-201)
    Sec. 201.  Tax Imposed.
    (a)  In  general.  A tax measured by net income is hereby
imposed on every individual, corporation,  trust  and  estate
for  each  taxable  year  ending  after  July 31, 1969 on the
privilege of earning or receiving income in or as a  resident
of  this  State.  Such  tax shall be in addition to all other
occupation or privilege taxes imposed by this State or by any
municipal corporation or political subdivision thereof.
    (b)  Rates. The tax imposed by  subsection  (a)  of  this
Section shall be determined as follows:
         (1)  In  the case of an individual, trust or estate,
    for taxable years ending prior to July 1, 1989, an amount
    equal to 2 1/2% of the  taxpayer's  net  income  for  the
    taxable year.
         (2)  In  the case of an individual, trust or estate,
    for taxable years beginning prior to  July  1,  1989  and
    ending after June 30, 1989, an amount equal to the sum of
    (i)  2  1/2%  of the taxpayer's net income for the period
    prior to July 1, 1989, as calculated under Section 202.3,
    and (ii) 3% of the taxpayer's net income for  the  period
    after June 30, 1989, as calculated under Section 202.3.
         (3)  In  the case of an individual, trust or estate,
    for taxable years  beginning  after  June  30,  1989,  an
    amount  equal  to 3% of the taxpayer's net income for the
    taxable year.
         (4)  (Blank).
         (5)  (Blank).
         (6)  In the case of a corporation, for taxable years
    ending prior to July 1, 1989, an amount equal  to  4%  of
    the taxpayer's net income for the taxable year.
         (7)  In the case of a corporation, for taxable years
    beginning prior to July 1, 1989 and ending after June 30,
    1989,  an  amount  equal  to  the  sum  of  (i) 4% of the
    taxpayer's net income for the period  prior  to  July  1,
    1989, as calculated under Section 202.3, and (ii) 4.8% of
    the  taxpayer's  net income for the period after June 30,
    1989, as calculated under Section 202.3.
         (8)  In the case of a corporation, for taxable years
    beginning after June 30, 1989, an amount equal to 4.8% of
    the taxpayer's net income for the taxable year.
    (c)  Beginning  on  July  1,  1979  and  thereafter,   in
addition to such income tax, there is also hereby imposed the
Personal  Property Tax Replacement Income Tax measured by net
income  on  every   corporation   (including   Subchapter   S
corporations),  partnership  and trust, for each taxable year
ending after June 30, 1979.  Such taxes are  imposed  on  the
privilege  of earning or receiving income in or as a resident
of this State.  The Personal Property Tax Replacement  Income
Tax  shall  be  in  addition  to  the  income  tax imposed by
subsections (a) and (b) of this Section and  in  addition  to
all other occupation or privilege taxes imposed by this State
or  by  any  municipal  corporation  or political subdivision
thereof.
    (d)  Additional Personal Property Tax Replacement  Income
Tax  Rates.  The personal property tax replacement income tax
imposed by this subsection and subsection (c) of this Section
in the case of a  corporation,  other  than  a  Subchapter  S
corporation,  shall be an additional amount equal to 2.85% of
such taxpayer's net income for the taxable year, except  that
beginning  on  January  1,  1981, and thereafter, the rate of
2.85% specified in this subsection shall be reduced to  2.5%,
and  in  the  case  of a partnership, trust or a Subchapter S
corporation shall be an additional amount equal  to  1.5%  of
such taxpayer's net income for the taxable year.
    (e)  Investment  credit.   A  taxpayer shall be allowed a
credit against the Personal Property Tax  Replacement  Income
Tax for investment in qualified property.
         (1)  A  taxpayer  shall be allowed a credit equal to
    .5% of the basis of qualified property placed in  service
    during the taxable year, provided such property is placed
    in  service  on  or  after  July 1, 1984.  There shall be
    allowed an additional credit equal to .5% of the basis of
    qualified property placed in service during  the  taxable
    year,  provided  such property is placed in service on or
    after July 1, 1986, and the  taxpayer's  base  employment
    within  Illinois  has  increased  by  1% or more over the
    preceding year as determined by the taxpayer's employment
    records filed with the Illinois Department of  Employment
    Security.   Taxpayers  who  are  new to Illinois shall be
    deemed to have met the 1% growth in base  employment  for
    the first year in which they file employment records with
    the  Illinois  Department  of  Employment  Security.  The
    provisions added to this Section by  Public  Act  85-1200
    (and restored by Public Act 87-895) shall be construed as
    declaratory  of  existing law and not as a new enactment.
    If, in any year, the increase in base  employment  within
    Illinois  over  the  preceding  year is less than 1%, the
    additional credit shall be  limited  to  that  percentage
    times  a  fraction, the numerator of which is .5% and the
    denominator of which is 1%, but  shall  not  exceed  .5%.
    The  investment credit shall not be allowed to the extent
    that it would reduce a taxpayer's liability  in  any  tax
    year  below  zero,  nor  may  any  credit  for  qualified
    property  be  allowed for any year other than the year in
    which the property was placed in service in Illinois. For
    tax years ending on or after December 31, 1987, and on or
    before December 31, 1988, the credit shall be allowed for
    the tax year in which the property is placed in  service,
    or, if the amount of the credit exceeds the tax liability
    for  that year, whether it exceeds the original liability
    or the liability as later amended,  such  excess  may  be
    carried forward and applied to the tax liability of the 5
    taxable  years  following  the excess credit years if the
    taxpayer (i) makes investments which cause  the  creation
    of  a  minimum  of  2,000  full-time  equivalent  jobs in
    Illinois,  (ii)  is  located  in   an   enterprise   zone
    established  pursuant to the Illinois Enterprise Zone Act
    and (iii) is certified by the Department of Commerce  and
    Community  Affairs  as  complying  with  the requirements
    specified in clause (i) and (ii) by July  1,  1986.   The
    Department of Commerce and Community Affairs shall notify
    the  Department  of  Revenue  of  all such certifications
    immediately. For tax  years  ending  after  December  31,
    1988,  the  credit  shall  be allowed for the tax year in
    which the property is  placed  in  service,  or,  if  the
    amount  of  the credit exceeds the tax liability for that
    year, whether it exceeds the original  liability  or  the
    liability  as  later  amended, such excess may be carried
    forward and applied to the tax liability of the 5 taxable
    years following the excess credit years. The credit shall
    be applied to the earliest year  for  which  there  is  a
    liability. If there is credit from more than one tax year
    that  is  available to offset a liability, earlier credit
    shall be applied first.
         (2)  The term "qualified  property"  means  property
    which:
              (A)  is   tangible,   whether   new   or  used,
         including buildings  and  structural  components  of
         buildings  and signs that are real property, but not
         including land or improvements to real property that
         are not a structural component of a building such as
         landscaping,  sewer  lines,  local   access   roads,
         fencing, parking lots, and other appurtenances;
              (B)  is  depreciable pursuant to Section 167 of
         the  Internal  Revenue  Code,  except  that  "3-year
         property" as defined in Section 168(c)(2)(A) of that
         Code is not eligible for the credit provided by this
         subsection (e);
              (C)  is acquired  by  purchase  as  defined  in
         Section 179(d) of the Internal Revenue Code;
              (D)  is  used  in Illinois by a taxpayer who is
         primarily engaged in  manufacturing,  or  in  mining
         coal or fluorite, or in retailing; and
              (E)  has  not  previously been used in Illinois
         in such a manner and  by  such  a  person  as  would
         qualify  for  the credit provided by this subsection
         (e) or subsection (f).
         (3)  For   purposes   of   this   subsection    (e),
    "manufacturing" means the material staging and production
    of  tangible  personal  property  by  procedures commonly
    regarded as manufacturing,  processing,  fabrication,  or
    assembling  which changes some existing material into new
    shapes, new qualities, or new combinations.  For purposes
    of this subsection (e) the term "mining" shall  have  the
    same  meaning  as  the term "mining" in Section 613(c) of
    the  Internal  Revenue  Code.   For  purposes   of   this
    subsection  (e),  the  term "retailing" means the sale of
    tangible  personal  property  or  services  rendered   in
    conjunction  with  the sale of tangible consumer goods or
    commodities.
         (4)  The basis of qualified property  shall  be  the
    basis  used  to  compute  the  depreciation deduction for
    federal income tax purposes.
         (5)  If the basis of the property for federal income
    tax depreciation purposes is increased after it has  been
    placed in service in Illinois by the taxpayer, the amount
    of  such  increase  shall  be  deemed  property placed in
    service on the date of such increase in basis.
         (6)  The term "placed in  service"  shall  have  the
    same  meaning as under Section 46 of the Internal Revenue
    Code.
         (7)  If during any taxable year, any property ceases
    to be qualified property in the  hands  of  the  taxpayer
    within  48  months  after being placed in service, or the
    situs of any qualified property is moved outside Illinois
    within 48 months  after  being  placed  in  service,  the
    Personal  Property  Tax  Replacement  Income Tax for such
    taxable year shall be increased.  Such increase shall  be
    determined by (i) recomputing the investment credit which
    would  have been allowed for the year in which credit for
    such property was originally allowed by eliminating  such
    property from such computation and, (ii) subtracting such
    recomputed  credit  from  the amount of credit previously
    allowed. For  the  purposes  of  this  paragraph  (7),  a
    reduction  of  the  basis of qualified property resulting
    from a redetermination of the  purchase  price  shall  be
    deemed  a disposition of qualified property to the extent
    of such reduction.
         (8)  Unless the investment  credit  is  extended  by
    law,  the  basis  of qualified property shall not include
    costs incurred after December 31, 2003, except for  costs
    incurred  pursuant  to a binding contract entered into on
    or before December 31, 2003.
         (9)  Each taxable year, a partnership may  elect  to
    pass  through  to  its  partners the credits to which the
    partnership is entitled under this subsection (e) for the
    taxable year.  A partner may use the credit allocated  to
    him  or  her  under  this  paragraph only against the tax
    imposed in subsections (c) and (d) of this  Section.   If
    the  partnership makes that election, those credits shall
    be allocated among the partners  in  the  partnership  in
    accordance  with the rules set forth in Section 704(b) of
    the Internal Revenue  Code,  and  the  rules  promulgated
    under  that  Section,  and  the  allocated  amount of the
    credits shall be allowed to the partners for that taxable
    year.  The partnership shall make this  election  on  its
    Personal  Property  Tax Replacement Income Tax return for
    that taxable year.  The  election  to  pass  through  the
    credits shall be irrevocable.
    (f)  Investment credit; Enterprise Zone.
         (1)  A  taxpayer  shall  be allowed a credit against
    the tax imposed  by  subsections  (a)  and  (b)  of  this
    Section  for  investment  in  qualified property which is
    placed in service in an Enterprise Zone created  pursuant
    to the Illinois Enterprise Zone Act. For partners and for
    shareholders of Subchapter S corporations, there shall be
    allowed   a  credit  under  this  subsection  (f)  to  be
    determined in accordance with the determination of income
    and distributive share of income under Sections  702  and
    704  and  Subchapter  S of the Internal Revenue Code. The
    credit shall be .5% of the basis for such property.   The
    credit  shall  be  available  only in the taxable year in
    which the property is placed in service in the Enterprise
    Zone and shall not be allowed to the extent that it would
    reduce a taxpayer's liability  for  the  tax  imposed  by
    subsections  (a)  and  (b) of this Section to below zero.
    For tax years ending on or after December 31,  1985,  the
    credit  shall  be  allowed  for the tax year in which the
    property is placed in service, or, if the amount  of  the
    credit  exceeds  the tax liability for that year, whether
    it exceeds the original liability  or  the  liability  as
    later  amended,  such  excess  may be carried forward and
    applied to the tax  liability  of  the  5  taxable  years
    following  the  excess  credit  year. The credit shall be
    applied to  the  earliest  year  for  which  there  is  a
    liability. If there is credit from more than one tax year
    that  is  available  to  offset  a  liability, the credit
    accruing first in time shall be applied first.
         (2)  The  term  qualified  property  means  property
    which:
              (A)  is  tangible,   whether   new   or   used,
         including  buildings  and  structural  components of
         buildings;
              (B)  is depreciable pursuant to Section 167  of
         the  Internal  Revenue  Code,  except  that  "3-year
         property" as defined in Section 168(c)(2)(A) of that
         Code is not eligible for the credit provided by this
         subsection (f);
              (C)  is  acquired  by  purchase  as  defined in
         Section 179(d) of the Internal Revenue Code;
              (D)  is used in  the  Enterprise  Zone  by  the
         taxpayer; and
              (E)  has  not  been previously used in Illinois
         in such a manner and  by  such  a  person  as  would
         qualify  for  the credit provided by this subsection
         (f) or subsection (e).
         (3)  The basis of qualified property  shall  be  the
    basis  used  to  compute  the  depreciation deduction for
    federal income tax purposes.
         (4)  If the basis of the property for federal income
    tax depreciation purposes is increased after it has  been
    placed in service in the Enterprise Zone by the taxpayer,
    the  amount  of  such  increase  shall be deemed property
    placed in service on the date of such increase in basis.
         (5)  The term "placed in  service"  shall  have  the
    same  meaning as under Section 46 of the Internal Revenue
    Code.
         (6)  If during any taxable year, any property ceases
    to be qualified property in the  hands  of  the  taxpayer
    within  48  months  after being placed in service, or the
    situs of any qualified  property  is  moved  outside  the
    Enterprise  Zone  within  48 months after being placed in
    service, the tax imposed under subsections (a) and (b) of
    this Section for such taxable year  shall  be  increased.
    Such  increase shall be determined by (i) recomputing the
    investment credit which would have been allowed  for  the
    year  in  which  credit  for such property was originally
    allowed  by   eliminating   such   property   from   such
    computation,  and (ii) subtracting such recomputed credit
    from the amount of credit previously  allowed.   For  the
    purposes  of this paragraph (6), a reduction of the basis
    of qualified property resulting from a redetermination of
    the purchase price  shall  be  deemed  a  disposition  of
    qualified property to the extent of such reduction.
         (g)  Jobs  Tax  Credit;  Enterprise Zone and Foreign
Trade Zone or Sub-Zone.
         (1)  A taxpayer conducting a trade or business in an
    enterprise zone or a High Impact Business  designated  by
    the   Department   of   Commerce  and  Community  Affairs
    conducting a trade or business in a federally  designated
    Foreign  Trade Zone or Sub-Zone shall be allowed a credit
    against the tax imposed by subsections  (a)  and  (b)  of
    this  Section in the amount of $500 per eligible employee
    hired to work in the zone during the taxable year.
         (2)  To qualify for the credit:
              (A)  the taxpayer must hire 5 or more  eligible
         employees to work in an enterprise zone or federally
         designated Foreign Trade Zone or Sub-Zone during the
         taxable year;
              (B)  the taxpayer's total employment within the
         enterprise  zone  or  federally  designated  Foreign
         Trade  Zone  or  Sub-Zone must increase by 5 or more
         full-time employees beyond  the  total  employed  in
         that  zone  at  the end of the previous tax year for
         which a jobs  tax  credit  under  this  Section  was
         taken,  or beyond the total employed by the taxpayer
         as of December 31, 1985, whichever is later; and
              (C)  the eligible employees  must  be  employed
         180 consecutive days in order to be deemed hired for
         purposes of this subsection.
         (3)  An  "eligible  employee"  means an employee who
    is:
              (A)  Certified by the  Department  of  Commerce
         and  Community  Affairs  as  "eligible for services"
         pursuant to regulations  promulgated  in  accordance
         with  Title  II of the Job Training Partnership Act,
         Training Services for the Disadvantaged or Title III
         of the Job Training Partnership Act, Employment  and
         Training Assistance for Dislocated Workers Program.
              (B)  Hired   after   the   enterprise  zone  or
         federally designated Foreign Trade Zone or  Sub-Zone
         was  designated or the trade or business was located
         in that zone, whichever is later.
              (C)  Employed in the enterprise zone or Foreign
         Trade Zone or Sub-Zone. An employee is  employed  in
         an  enterprise  zone or federally designated Foreign
         Trade Zone or Sub-Zone if his services are  rendered
         there  or  it  is  the  base  of  operations for the
         services performed.
              (D)  A full-time employee working  30  or  more
         hours per week.
         (4)  For  tax  years ending on or after December 31,
    1985 and prior to December 31, 1988, the credit shall  be
    allowed  for the tax year in which the eligible employees
    are hired.  For tax years ending on or after December 31,
    1988, the credit  shall  be  allowed  for  the  tax  year
    immediately  following the tax year in which the eligible
    employees are hired.  If the amount of the credit exceeds
    the tax liability for that year, whether it  exceeds  the
    original  liability  or  the  liability as later amended,
    such excess may be carried forward and applied to the tax
    liability of the 5 taxable  years  following  the  excess
    credit year.  The credit shall be applied to the earliest
    year  for  which there is a liability. If there is credit
    from more than one tax year that is available to offset a
    liability, earlier credit shall be applied first.
         (5)  The Department of Revenue shall promulgate such
    rules and regulations as may be deemed necessary to carry
    out the purposes of this subsection (g).
         (6)  The credit  shall  be  available  for  eligible
    employees hired on or after January 1, 1986.
         (h)  Investment credit; High Impact Business.
         (1)  Subject to subsection (b) of Section 5.5 of the
    Illinois Enterprise Zone Act, a taxpayer shall be allowed
    a  credit  against the tax imposed by subsections (a) and
    (b) of this Section for investment in qualified  property
    which  is  placed  in service by a Department of Commerce
    and Community Affairs designated  High  Impact  Business.
    The  credit  shall be .5% of the basis for such property.
    The credit shall  not  be  available  until  the  minimum
    investments  in  qualified  property set forth in Section
    5.5  of  the  Illinois  Enterprise  Zone  Act  have  been
    satisfied and shall not be allowed to the extent that  it
    would  reduce  a taxpayer's liability for the tax imposed
    by subsections (a) and (b) of this Section to below zero.
    The credit applicable to such minimum  investments  shall
    be  taken  in  the  taxable  year  in  which such minimum
    investments  have  been  completed.    The   credit   for
    additional investments beyond the minimum investment by a
    designated  high  impact business shall be available only
    in the taxable year in which the property  is  placed  in
    service  and  shall  not be allowed to the extent that it
    would reduce a taxpayer's liability for the  tax  imposed
    by subsections (a) and (b) of this Section to below zero.
    For  tax  years ending on or after December 31, 1987, the
    credit shall be allowed for the tax  year  in  which  the
    property  is  placed in service, or, if the amount of the
    credit exceeds the tax liability for that  year,  whether
    it  exceeds  the  original  liability or the liability as
    later amended, such excess may  be  carried  forward  and
    applied  to  the  tax  liability  of  the 5 taxable years
    following the excess credit year.  The  credit  shall  be
    applied  to  the  earliest  year  for  which  there  is a
    liability.  If there is credit from  more  than  one  tax
    year  that is available to offset a liability, the credit
    accruing first in time shall be applied first.
         Changes made in this subdivision  (h)(1)  by  Public
    Act 88-670 restore changes made by Public Act 85-1182 and
    reflect existing law.
         (2)  The  term  qualified  property  means  property
    which:
              (A)  is   tangible,   whether   new   or  used,
         including buildings  and  structural  components  of
         buildings;
              (B)  is  depreciable pursuant to Section 167 of
         the  Internal  Revenue  Code,  except  that  "3-year
         property" as defined in Section 168(c)(2)(A) of that
         Code is not eligible for the credit provided by this
         subsection (h);
              (C)  is acquired  by  purchase  as  defined  in
         Section 179(d) of the Internal Revenue Code; and
              (D)  is  not  eligible  for the Enterprise Zone
         Investment Credit provided by subsection (f) of this
         Section.
         (3)  The basis of qualified property  shall  be  the
    basis  used  to  compute  the  depreciation deduction for
    federal income tax purposes.
         (4)  If the basis of the property for federal income
    tax depreciation purposes is increased after it has  been
    placed in service in a federally designated Foreign Trade
    Zone or Sub-Zone located in Illinois by the taxpayer, the
    amount  of  such increase shall be deemed property placed
    in service on the date of such increase in basis.
         (5)  The term "placed in  service"  shall  have  the
    same  meaning as under Section 46 of the Internal Revenue
    Code.
         (6)  If during any taxable year ending on or  before
    December  31,  1996,  any property ceases to be qualified
    property in the hands of the taxpayer  within  48  months
    after  being  placed  in  service,  or  the  situs of any
    qualified property is moved outside  Illinois  within  48
    months  after  being  placed  in service, the tax imposed
    under subsections (a) and (b) of this  Section  for  such
    taxable  year shall be increased.  Such increase shall be
    determined by (i) recomputing the investment credit which
    would have been allowed for the year in which credit  for
    such  property was originally allowed by eliminating such
    property from such computation, and (ii) subtracting such
    recomputed credit from the amount  of  credit  previously
    allowed.   For  the  purposes  of  this  paragraph (6), a
    reduction of the basis of  qualified  property  resulting
    from  a  redetermination  of  the purchase price shall be
    deemed a disposition of qualified property to the  extent
    of such reduction.
         (7)  Beginning  with tax years ending after December
    31, 1996, if a taxpayer qualifies for  the  credit  under
    this   subsection  (h)  and  thereby  is  granted  a  tax
    abatement and the taxpayer relocates its entire  facility
    in  violation  of  the  explicit  terms and length of the
    contract under Section 18-183 of the Property  Tax  Code,
    the  tax  imposed  under  subsections (a) and (b) of this
    Section shall be increased for the taxable year in  which
    the taxpayer relocated its facility by an amount equal to
    the  amount of credit received by the taxpayer under this
    subsection (h).
    (i)  A credit shall be allowed against the tax imposed by
subsections (a) and (b) of this Section for the  tax  imposed
by  subsections  (c)  and  (d)  of this Section.  This credit
shall  be  computed  by  multiplying  the  tax   imposed   by
subsections  (c)  and  (d) of this Section by a fraction, the
numerator of which is base income allocable to  Illinois  and
the denominator of which is Illinois base income, and further
multiplying   the   product   by  the  tax  rate  imposed  by
subsections (a) and (b) of this Section.
    Any credit earned on or after  December  31,  1986  under
this  subsection  which  is  unused in the year the credit is
computed because it exceeds  the  tax  liability  imposed  by
subsections (a) and (b) for that year (whether it exceeds the
original  liability or the liability as later amended) may be
carried forward and applied to the tax liability  imposed  by
subsections  (a) and (b) of the 5 taxable years following the
excess credit year.  This credit shall be  applied  first  to
the  earliest  year for which there is a liability.  If there
is a credit under this subsection from more than one tax year
that is available to offset a liability the  earliest  credit
arising under this subsection shall be applied first.
    If,  during  any taxable year ending on or after December
31, 1986, the tax imposed by subsections (c) and (d) of  this
Section  for which a taxpayer has claimed a credit under this
subsection (i) is reduced, the amount of credit for such  tax
shall also be reduced.  Such reduction shall be determined by
recomputing  the  credit to take into account the reduced tax
imposed by subsection (c) and (d).  If  any  portion  of  the
reduced  amount  of  credit  has  been carried to a different
taxable year, an amended  return  shall  be  filed  for  such
taxable year to reduce the amount of credit claimed.
    (j)  Training  expense  credit.  Beginning with tax years
ending on or after December 31, 1986,  a  taxpayer  shall  be
allowed  a  credit  against the tax imposed by subsection (a)
and (b) under this Section for all amounts paid  or  accrued,
on behalf of all persons employed by the taxpayer in Illinois
or  Illinois  residents  employed  outside  of  Illinois by a
taxpayer,  for  educational   or   vocational   training   in
semi-technical or technical fields or semi-skilled or skilled
fields,   which  were  deducted  from  gross  income  in  the
computation of taxable income.  The credit  against  the  tax
imposed  by  subsections  (a)  and  (b) shall be 1.6% of such
training expenses.  For  partners  and  for  shareholders  of
subchapter  S  corporations,  there shall be allowed a credit
under this subsection (j) to be determined in accordance with
the determination of income and distributive share of  income
under  Sections  702 and 704 and subchapter S of the Internal
Revenue Code.
    Any credit allowed under this subsection which is  unused
in  the  year  the credit is earned may be carried forward to
each of the 5 taxable years following the year for which  the
credit is first computed until it is used.  This credit shall
be  applied  first  to the earliest year for which there is a
liability.  If there is a credit under this  subsection  from
more  than  one  tax  year  that  is  available  to  offset a
liability the earliest credit arising under  this  subsection
shall be applied first.
    (k)  Research and development credit.
    Beginning  with  tax  years  ending after July 1, 1990, a
taxpayer shall be allowed a credit against the tax imposed by
subsections (a)  and  (b)  of  this  Section  for  increasing
research  activities  in  this  State.   The  credit  allowed
against  the  tax imposed by subsections (a) and (b) shall be
equal to 6 1/2% of the qualifying expenditures for increasing
research activities in this State.
    For   purposes   of    this    subsection,    "qualifying
expenditures"  means  the  qualifying expenditures as defined
for the federal credit  for  increasing  research  activities
which  would  be  allowable  under Section 41 of the Internal
Revenue  Code  and  which  are  conducted  in   this   State,
"qualifying  expenditures  for increasing research activities
in this State" means the excess  of  qualifying  expenditures
for  the  taxable  year  in  which  incurred  over qualifying
expenditures for the base  period,  "qualifying  expenditures
for  the  base  period"  means  the average of the qualifying
expenditures for each year in  the  base  period,  and  "base
period"  means  the 3 taxable years immediately preceding the
taxable year for which the determination is being made.
    Any credit in excess of the tax liability for the taxable
year may be carried forward. A taxpayer may elect to have the
unused credit shown on its  final  completed  return  carried
over  as a credit against the tax liability for the following
5 taxable years or until it has been  fully  used,  whichever
occurs first.
    If  an  unused  credit is carried forward to a given year
from 2 or more earlier years,  that  credit  arising  in  the
earliest year will be applied first against the tax liability
for  the  given  year.  If a tax liability for the given year
still remains, the credit from the next  earliest  year  will
then  be applied, and so on, until all credits have been used
or  no  tax  liability  for  the  given  year  remains.   Any
remaining unused credit  or  credits  then  will  be  carried
forward  to  the next following year in which a tax liability
is incurred, except that no credit can be carried forward  to
a year which is more than 5 years after the year in which the
expense for which the credit is given was incurred.
    Unless  extended  by  law,  the  credit shall not include
costs incurred after December  31,  1999,  except  for  costs
incurred  pursuant  to  a binding contract entered into on or
before December 31, 1999.
    (l)  Environmental Remediation Tax Credit.
         (i)  For tax  years ending after December  31,  1997
    and  on  or before December 31, 2001, a taxpayer shall be
    allowed a credit against the tax imposed  by  subsections
    (a)  and (b) of this Section for certain amounts paid for
    unreimbursed eligible remediation costs, as specified  in
    this   subsection.    For   purposes   of  this  Section,
    "unreimbursed eligible  remediation  costs"  means  costs
    approved  by the Illinois Environmental Protection Agency
    ("Agency")  under  Section  58.14  of  the  Environmental
    Protection Act that were paid in performing environmental
    remediation at a site for which a No Further  Remediation
    Letter  was  issued  by  the  Agency  and  recorded under
    Section 58.10 of the Environmental  Protection  Act,  and
    does  not  mean  approved eligible remediation costs that
    are at any time deducted  under  the  provisions  of  the
    Internal  Revenue  Code.   The credit must be claimed for
    the taxable year in which Agency approval of the eligible
    remediation  costs  is  granted.   In  no   event   shall
    unreimbursed eligible remediation costs include any costs
    taken   into  account  in  calculating  an  environmental
    remediation credit granted against a  tax  imposed  under
    the  provisions of the Internal Revenue Code.  The credit
    is not available to any taxpayer if the taxpayer  or  any
    related  party  caused or contributed to, in any material
    respect, a release of regulated  substances  on,  in,  or
    under  the  site that was identified and addressed by the
    remedial action pursuant to the Site Remediation  Program
    of the Environmental Protection Act.  After the Pollution
    Control  Board rules are adopted pursuant to the Illinois
    Administrative Procedure Act for the  administration  and
    enforcement   of   Section   58.9  of  the  Environmental
    Protection Act, determinations as to credit  availability
    for  purposes  of  this  Section shall be made consistent
    with  those  rules.   For  purposes  of   this   Section,
    "taxpayer"  includes  a  person  whose tax attributes the
    taxpayer has  succeeded  to  under  Section  381  of  the
    Internal  Revenue  Code  and "related party" includes the
    persons disallowed a deduction for losses  by  paragraphs
    (b),  (c),  and  (f)(1)  of  Section  267 of the Internal
    Revenue Code by virtue of being a  related  taxpayer,  as
    well  as any of its partners.  The credit allowed against
    the tax imposed by subsections (a) and (b) shall be equal
    to 25% of the unreimbursed eligible remediation costs  in
    excess  of  $100,000  per  site, except that the $100,000
    threshold shall not apply to any  site  contained  in  an
    enterprise  zone  and  located  in a census tract that is
    located in a minor civil division  and  place  or  county
    that  has  been  determined by the Department of Commerce
    and Community Affairs to contain a majority of households
    consisting of low and moderate income persons.  The total
    credit allowed shall not exceed $40,000 per year  with  a
    maximum  total  of  $150,000  per site.  For partners and
    shareholders of subchapter S corporations, there shall be
    allowed a credit under this subsection to  be  determined
    in  accordance  with  the  determination  of  income  and
    distributive  share  of income under Sections 702 and 704
    of subchapter S of the Internal Revenue Code.
         (ii)  A credit allowed under this subsection that is
    unused in the year the credit is earned  may  be  carried
    forward to each of the 5 taxable years following the year
    for  which  the  credit is first earned until it is used.
    The term "unused credit" does not include any amounts  of
    unreimbursed  eligible remediation costs in excess of the
    maximum credit per site authorized under  paragraph  (i).
    This  credit  shall be applied first to the earliest year
    for which there is a liability.  If  there  is  a  credit
    under this subsection from more than one tax year that is
    available  to  offset  a  liability,  the earliest credit
    arising under this subsection shall be applied first.   A
    credit  allowed  under  this  subsection may be sold to a
    buyer as part of a sale of all or part of the remediation
    site for which the credit was granted.  The purchaser  of
    a  remediation  site  and the tax credit shall succeed to
    the unused credit and remaining carry-forward  period  of
    the  seller.  To perfect the transfer, the assignor shall
    record the transfer in the chain of title  for  the  site
    and  provide  written  notice  to  the  Director  of  the
    Illinois  Department  of Revenue of the assignor's intent
    to sell the remediation site and the amount  of  the  tax
    credit to be transferred as a portion of the sale.  In no
    event  may a credit be transferred to any taxpayer if the
    taxpayer or a related party would not be  eligible  under
    the provisions of subsection (i).
         (iii)  For purposes of this Section, the term "site"
    shall  have the same meaning as under Section 58.2 of the
    Environmental Protection Act.
(Source: P.A. 89-235,  eff.  8-4-95;  89-519,  eff.  7-18-96;
89-591,  eff.  8-1-96;  90-123,  eff.  7-21-97;  90-458, eff.
8-17-97; revised 10-16-97.)

    (35 ILCS 5/901) (from Ch. 120, par. 9-901)
    Sec. 901.  Collection Authority.
    (a)  In general.
    The Department shall collect the taxes  imposed  by  this
Act.   The  Department shall collect certified past due child
support  amounts   under   Section   39b52   of   the   Civil
Administrative  Code  of  Illinois.   Except  as  provided in
subsections (c) and (e)  of  this  Section,  money  collected
pursuant  to  subsections  (a) and (b) of Section 201 of this
Act shall be paid into the General Revenue Fund in the  State
treasury; money collected pursuant to subsections (c) and (d)
of  Section  201  of this Act shall be paid into the Personal
Property Tax Replacement Fund, a special fund  in  the  State
Treasury;  and  money  collected  under  Section 39b52 of the
Civil Administrative Code of Illinois shall be paid into  the
Child  Support Enforcement Trust Fund, a special fund outside
the State Treasury.
    (b)  Local Governmental Distributive Fund.
    Beginning August 1, 1969, and continuing through June 30,
1994, the  Treasurer  shall  transfer  each  month  from  the
General Revenue Fund to a special fund in the State treasury,
to  be  known as the "Local Government Distributive Fund", an
amount equal to 1/12 of the net revenue realized from the tax
imposed by subsections (a) and (b) of Section 201 of this Act
during the preceding  month.  Beginning  July  1,  1994,  and
continuing   through  June  30,  1995,  the  Treasurer  shall
transfer each month from the  General  Revenue  Fund  to  the
Local Government Distributive Fund an amount equal to 1/11 of
the  net revenue realized from the tax imposed by subsections
(a) and (b) of Section 201 of this Act during  the  preceding
month.   Beginning July 1, 1995, the Treasurer shall transfer
each month  from  the  General  Revenue  Fund  to  the  Local
Government  Distributive  Fund an amount equal to 1/10 of the
net revenue realized from the tax imposed by subsections  (a)
and  (b) of Section 201 of the Illinois Income Tax Act during
the preceding month. Net revenue realized for a  month  shall
be defined as the revenue from the tax imposed by subsections
(a)  and (b) of Section 201 of this Act which is deposited in
the General Revenue Fund, the Educational Assistance Fund and
the Income Tax Surcharge Local Government  Distributive  Fund
during  the  month  minus  the amount paid out of the General
Revenue Fund in State warrants  during  that  same  month  as
refunds  to  taxpayers for overpayment of liability under the
tax imposed by subsections (a) and (b) of Section 201 of this
Act.

    (c)  Deposits Into Income Tax Refund Fund.
         (1)  Beginning on January 1,  1989  and  thereafter,
    the  Department shall deposit a percentage of the amounts
    collected pursuant to subsections (a)  and  (b)(1),  (2),
    and  (3),  of  Section 201 of this Act into a fund in the
    State treasury known as the Income Tax Refund Fund.   The
    Department  shall  deposit  6% of such amounts during the
    period beginning January 1, 1989 and ending on  June  30,
    1989.  Beginning with State fiscal year 1990 and for each
    fiscal year thereafter, the percentage deposited into the
    Income  Tax Refund Fund during a fiscal year shall be the
    Annual  Percentage.   The  Annual  Percentage  shall   be
    calculated as a fraction, the numerator of which shall be
    the  amount  of  refunds  approved  for  payment  by  the
    Department  during  the preceding fiscal year as a result
    of overpayment of tax liability under subsections (a) and
    (b)(1), (2), and (3) of Section 201 of this Act plus  the
    amount  of  such refunds remaining approved but unpaid at
    the end of the preceding fiscal year  minus  any  surplus
    which remains on deposit in the Income Tax Refund Fund at
    the  end  of the preceding year, the denominator of which
    shall be the amounts which will be collected pursuant  to
    subsections  (a)  and (b)(1), (2), and (3) of Section 201
    of this  Act  during  the  preceding  fiscal  year.   The
    Director  of  Revenue shall certify the Annual Percentage
    to the Comptroller on the last business day of the fiscal
    year immediately preceding the fiscal year for  which  it
    is it to be effective.
         (2)  Beginning  on  January  1, 1989 and thereafter,
    the Department shall deposit a percentage of the  amounts
    collected  pursuant  to  subsections (a) and (b)(6), (7),
    and (8), (c) and (d) of Section 201 of this  Act  into  a
    fund in the State treasury known as the Income Tax Refund
    Fund.   The  Department shall deposit 18% of such amounts
    during the period beginning January 1, 1989 and ending on
    June 30, 1989.  Beginning with State fiscal year 1990 and
    for each fiscal year thereafter, the percentage deposited
    into the Income Tax Refund  Fund  during  a  fiscal  year
    shall  be  the  Annual Percentage.  The Annual Percentage
    shall be calculated as a fraction, the numerator of which
    shall be the amount of refunds approved  for  payment  by
    the  Department  during  the  preceding  fiscal year as a
    result of overpayment of tax liability under  subsections
    (a)  and (b)(6), (7), and (8), (c) and (d) of Section 201
    of this Act plus the amount  of  such  refunds  remaining
    approved  but  unpaid  at the end of the preceding fiscal
    year, the denominator of which shall be the amounts which
    will be collected pursuant to subsections (a) and (b)(6),
    (7), and (8), (c) and (d) of  Section  201  of  this  Act
    during  the  preceding  fiscal  year.   The  Director  of
    Revenue  shall  certify  the  Annual  Percentage  to  the
    Comptroller  on  the last business day of the fiscal year
    immediately preceding the fiscal year for which it is  to
    be effective.

    (d)  Expenditures from Income Tax Refund Fund.
         (1)  Beginning  January 1, 1989, money in the Income
    Tax Refund Fund shall be  expended  exclusively  for  the
    purpose  of  paying refunds resulting from overpayment of
    tax liability under Section  201  of  this  Act  and  for
    making transfers pursuant to this subsection (d).
         (2)  The  Director  shall  order  payment of refunds
    resulting from overpayment of tax liability under Section
    201 of this Act from the Income Tax Refund Fund  only  to
    the extent that amounts collected pursuant to Section 201
    of this Act and transfers pursuant to this subsection (d)
    have been deposited and retained in the Fund.
         (3)  On  the  last business day of each fiscal year,
    the  Director  shall  order  transferred  and  the  State
    Treasurer and State Comptroller shall transfer  from  the
    Income  Tax  Refund  Fund  to  the  Personal Property Tax
    Replacement Fund an amount, certified by the Director  to
    the  Comptroller,  equal  to  the  excess  of  the amount
    collected pursuant to subsections (c) and (d) of  Section
    201 of this Act deposited into the Income Tax Refund Fund
    during  the  fiscal  year  over  the  amount  of  refunds
    resulting   from   overpayment  of  tax  liability  under
    subsections (c) and (d) of Section 201 of this  Act  paid
    from the Income Tax Refund Fund during the fiscal year.
         (4)  On  the  last business day of each fiscal year,
    the  Director  shall  order  transferred  and  the  State
    Treasurer and State Comptroller shall transfer  from  the
    Personal  Property Tax Replacement Fund to the Income Tax
    Refund Fund an amount, certified by the Director  to  the
    Comptroller, equal to the excess of the amount of refunds
    resulting   from   overpayment  of  tax  liability  under
    subsections (c) and (d) of Section 201 of this  Act  paid
    from  the  Income  Tax Refund Fund during the fiscal year
    over the amount collected pursuant to subsections (c) and
    (d) of Section 201 of this Act deposited into the  Income
    Tax Refund Fund during the fiscal year.
         (5)  This  Act  shall  constitute an irrevocable and
    continuing appropriation from the Income Tax Refund  Fund
    for  the  purpose of paying refunds upon the order of the
    Director  in  accordance  with  the  provisions  of  this
    Section.
    (e)  Deposits into the Education Assistance Fund and  the
Income Tax Surcharge Local Government Distributive Fund.
    On July 1, 1991, and thereafter, of the amounts collected
pursuant  to  subsections  (a) and (b) of Section 201 of this
Act, minus deposits into the  Income  Tax  Refund  Fund,  the
Department  shall  deposit 7.3% into the Education Assistance
Fund in the State Treasury.   Beginning  July  1,  1991,  and
continuing through January 31, 1993, of the amounts collected
pursuant  to  subsections  (a)  and (b) of Section 201 of the
Illinois Income Tax Act, minus deposits into the  Income  Tax
Refund  Fund,  the  Department  shall  deposit  3.0% into the
Income Tax Surcharge Local Government  Distributive  Fund  in
the   State   Treasury.    Beginning  February  1,  1993  and
continuing through June 30, 1993, of  the  amounts  collected
pursuant  to  subsections  (a)  and (b) of Section 201 of the
Illinois Income Tax Act, minus deposits into the  Income  Tax
Refund  Fund,  the  Department  shall  deposit  4.4% into the
Income Tax Surcharge Local Government  Distributive  Fund  in
the  State  Treasury.  Beginning July 1, 1993, and continuing
through  June  30,  1994,  of  the  amounts  collected  under
subsections (a) and (b) of Section 201  of  this  Act,  minus
deposits  into  the  Income  Tax  Refund Fund, the Department
shall deposit 1.475% into  the  Income  Tax  Surcharge  Local
Government Distributive Fund in the State Treasury.
(Source: P.A. 88-89; 89-6, eff. 12-31-95; revised 12-18-97.)

    Section  42.   The  Service  Use  Tax  Act  is amended by
changing Section 15 as follows:

    (35 ILCS 110/15) (from Ch. 120, par. 439.45)
    Sec. 15.  When the amount due is under $300,  any  person
subject  to the provisions hereof who fails to file a return,
or who violates any other provision of Section 9  or  Section
10 hereof, or who fails to keep books and records as required
herein,  or  who  files  a fraudulent return, or who wilfully
violates any Rule or Regulation of  the  Department  for  the
administration  and  enforcement of the provisions hereof, or
any officer or agent of a corporation, or manager, member, or
agent of a limited  liability  company,  subject  hereto  who
signs a fraudulent return filed on behalf of such corporation
or  limited  liability  company,  or  any accountant or other
agent who knowingly enters false information on the return of
any taxpayer under this Act, or any person who  violates  any
of  the  provisions  of  Sections  3  and  5  hereof,  or any
purchaser who obtains a registration number or resale  number
from   the   Department  through  misrepresentation,  or  who
represents to a seller that such purchaser has a registration
number or a resale number from the Department when  he  knows
that  he  does  not,  or  who uses his registration number or
resale number to make a seller  believe  that  he  is  buying
tangible  personal property for resale when such purchaser in
fact knows that this is not the case, is guilty of a Class  4
felony.
    Any  person  who  violates  any  provision  of  Section 6
hereof, or who engages in the business  of  making  sales  of
service  after his Certificate of Registration under this Act
has been revoked in accordance with Section 12 of  this  Act,
is  guilty  of  a Class 4 felony. Each day any such person is
engaged in business in violation of Section 6, or  after  his
Certificate  of Registration under this Act has been revoked,
constitutes a separate offense.
    When the amount due is under $300, any person who accepts
money that is due to the Department under  this  Act  from  a
taxpayer for the purpose of acting as the taxpayer's agent to
make  the  payment  to the Department, but who fails to remit
such payment to the Department when due is guilty of a  Class
4  felony.  Any such person who purports to make such payment
by issuing or delivering a check or other order upon  a  real
or  fictitious  depository  for the payment of money, knowing
that it will not be paid by the depository, shall  be  guilty
of  a  deceptive practice in violation of Section 17-1 of the
Criminal Code of 1961, as amended.
    When the amount due is $300 or more, any  person  subject
to  the  provisions hereof who fails to file a return, or who
violates any other provision  of  Section  9  or  Section  10
hereof,  or  who  fails to keep books and records as required
herein or who files a fraudulent  return,  or  who  willfully
violates  any  rule  or  regulation of the Department for the
administration and enforcement of the provisions  hereof,  or
any officer or agent of a corporation, or manager, member, or
agent  of  a  limited  liability  company, subject hereto who
signs a fraudulent return filed on behalf of such corporation
or limited liability company,  or  any  accountant  or  other
agent who knowingly enters false information on the return of
any  taxpayer  under this Act, or any person who violates any
of the  provisions  of  Sections  3  and  5  hereof,  or  any
purchaser  who obtains a registration number or resale number
from  the  Department  through  misrepresentation,   or   who
represents to a seller that such purchaser has a registration
number  or  a resale number from the Department when he knows
that he does not, or who  uses  his  registration  number  or
resale number to make a seller believe that he is is a buying
tangible  personal property for resale when such purchaser in
fact knows that this is not the case, is guilty of a Class  3
felony.
    When  the  amount  due  is  $300  or more, any person who
accepts money that is due to the Department  under  this  Act
from  a  taxpayer for the purpose of acting as the taxpayer's
agent to make the payment to the Department, but who fails to
remit such payment to the Department when due is guilty of  a
Class  3  felony.   Any such person who purports to make such
payment by issuing or delivering a check or other order  upon
a  real  or  fictitious  depository for the payment of money,
knowing that it will not be paid by the depository, shall  be
guilty  of a deceptive practice  in violation of Section 17-1
of the Criminal Code of 1961, as amended.
    Any  serviceman  who  collects  or  attempts  to  collect
Service Use Tax measured by receipts or selling prices  which
such  serviceman knows are not subject to Service Use Tax, or
any serviceman who knowingly  over-collects  or  attempts  to
over-collect  Service  Use  Tax  in  a  transaction  which is
subject to the tax that is imposed  by  this  Act,  shall  be
guilty  of  a Class 4 felony for each offense. This paragraph
does not apply to an amount collected by  the  serviceman  as
Service  Use  Tax  on  receipts  or  selling prices which are
subject to tax under this Act as long as such  collection  is
made   in   compliance   with  the  tax  collection  brackets
prescribed by the Department in its Rules and Regulations.
    Any taxpayer or agent of a taxpayer who with  the  intent
to  defraud  purports to make a payment due to the Department
by issuing or delivering a check or other order upon  a  real
or  fictitious  depository  for the payment of money, knowing
that it will not be paid by the depository, shall  be  guilty
of  a  deceptive practice in violation of Section 17-1 of the
Criminal Code of 1961, as amended.
    A prosecution for any Act in violation  of  this  Section
may be commenced at any time within 3 years of the commission
of that Act.
    This  Section  does  not  apply  if  the  violation  in a
particular case also constitutes a criminal violation of  the
Retailers' Occupation Tax Act, the Use Tax Act or the Service
Occupation Tax Act.
(Source: P.A. 88-480; revised 12-18-97.)

    Section 43.  The Property Tax Code is amended by changing
Sections   14-15,  15-35,  15-172,  15-175,  15-180,  18-165,
18-185, 19-60, 20-160, 21-260, 21-315, and 22-90 as follows:

    (35 ILCS 200/14-15)
    Sec. 14-15.  Certificate of error; counties of  3,000,000
or more.
    (a)  In  counties with 3,000,000 or more inhabitants, if,
at any time before judgment is rendered in any proceeding  to
collect  or  to enjoin the collection of taxes based upon any
assessment of any property belonging  to  any  taxpayer,  the
county   assessor  discovers  an  error  or  mistake  in  the
assessment, the assessor shall execute a certificate  setting
forth  the  nature  and  cause of the error.  The certificate
when endorsed by the county assessor, or when endorsed by the
county assessor and board of appeals (until the first  Monday
in  December 1998 and the board of review beginning the first
Monday in December 1998 and thereafter) where the certificate
is executed for any assessment which was  the  subject  of  a
complaint  filed  in  the  board  of appeals (until the first
Monday in December 1998 and the board of review beginning the
first Monday in December 1998 and  thereafter)  for  the  tax
year  for which the certificate is issued, may be received in
evidence in any court of competent  jurisdiction.    When  so
introduced  in  evidence such certificate shall become a part
of the court records, and shall not be removed from the files
except upon the order of the court.
    A certificate executed under this Section may  be  issued
to  the  person erroneously assessed.  A certificate executed
under this Section  or  a  list  of  the  parcels  for  which
certificates  have  been  issued  may  be  presented  by  the
assessor  to the court as an objection in the application for
judgment and order of sale for the year in relation to  which
the  certificate  is made. The State's Attorney of the county
in which the property is situated shall mail a  copy  of  any
final judgment entered by the court regarding the certificate
to the taxpayer of record for the year in question.
    Any unpaid taxes after the entry of the final judgment by
the  court  on  certificates issued under this Section may be
included  in  a  special   tax   sale,   provided   that   an
advertisement  is  published  and  a  notice is mailed to the
person in whose name the taxes were last assessed, in a  form
and  manner  substantially  similar  to the advertisement and
notice  required  under  Sections  21-110  and  21-135.   The
advertisement and sale shall be subject to all provisions  of
law   regulating   the   annual  advertisement  and  sale  of
delinquent property, to the extent that those provisions  may
be made applicable.
    A  certificate  of  error  executed  under  this  Section
allowing  homestead exemptions under Sections 15-170, 15-172,
and  15-175  of  this  Act  (formerly  Sections  19.23-1  and
19.23-1a of the Revenue Act of 1939) not  previously  allowed
shall be given effect by the county treasurer, who shall mark
the  tax books and, upon receipt of the following certificate
from the county assessor, shall issue refunds to the taxpayer
accordingly:

                       "CERTIFICATION
    I, .................., county  assessor,  hereby  certify
    that  the  Certificates  of Error set out on the attached
    list have been duly issued to allow homestead  exemptions
    pursuant  to  Sections  15-170, 15-172, and 15-175 of the
    Property Tax Code (formerly Sections 19.23-1 and 19.23-1a
    of the Revenue  Act  of  1939)  which  should  have  been
    previously  allowed;  and  that  a  certified copy of the
    attached list and this  certification  have  been  served
    upon the county State's Attorney."

    The  county treasurer has the power to mark the tax books
to reflect the issuance of homestead  certificates  of  error
issued  to  and including 3 years after the date on which the
annual judgment and order of sale for that tax year was first
entered.  The county treasurer has the power to issue refunds
to  the  taxpayer  as  set  forth  above  until  all  refunds
authorized by this Section have been completed.
    The county treasurer has no power to issue refunds to the
taxpayer as set forth above unless the Certification set  out
in  this  Section  has  been  served  upon the county State's
Attorney.
    (b)  Nothing in subsection (a) of this Section  shall  be
construed  to  prohibit the execution, endorsement, issuance,
and adjudication of a certificate of error if (i) the  annual
judgment  and  order  of sale for the tax year in question is
reopened for further proceedings upon consent of  the  county
collector  and  county  assessor,  represented by the State's
Attorney, and (ii)  a  new  final  judgment  is  subsequently
entered  pursuant  to  the  certificate.  This subsection (b)
shall be construed as declarative of existing law and not  as
a new enactment.
    (c)  No certificate of error, other than a certificate to
establish an exemption under Section 14-25, shall be executed
for  any  tax  year more than 3 years after the date on which
the annual judgment and order of sale for that tax  year  was
first entered.
    (d)  The  time  limitation  of  subsection  (c) shall not
apply to a certificate of error correcting an  assessment  to
$1,  under  Section  10-35, on a parcel that a subdivision or
planned development has acquired by  adverse  possession,  if
during the tax year for which the certificate is executed the
subdivision  or planned development used the parcel as common
area, as defined in Section 10-35, and if application for the
certificate of error is made prior to December 1, 31, 1997.
(Source: P.A. 89-126, eff.  7-11-95;  89-671,  eff.  8-14-96;
90-4, eff. 3-7-97; 90-288, eff. 8-1-97; revised 10-21-97.)

    (35 ILCS 200/15-35)
    Sec. 15-35.  Schools.  All property donated by the United
States  for school purposes, and all property of schools, not
sold or leased or otherwise used with a view  to  profit,  is
exempt,  whether  owned by a resident or non-resident of this
State or by a corporation incorporated in any  state  of  the
United States.  Also exempt is:
         (a)  property  of  schools  which  is  leased  to  a
    municipality  to  be  used  for  municipal  purposes on a
    not-for-profit basis;,
         (b)  property of schools on which  the  schools  are
    located  and  any  other  property of schools used by the
    schools exclusively for school purposes,  including,  but
    not  limited to, student residence halls, dormitories and
    other housing facilities for students and  their  spouses
    and  children, staff housing facilities, and school-owned
    and operated dormitory or  residence  halls  occupied  in
    whole  or in part by students who belong to fraternities,
    sororities, or other campus organizations;.
         (c)  property donated, granted, received or used for
    public school, college, theological seminary, university,
    or other educational purposes, whether held in  trust  or
    absolutely; and,
         (d)  in  counties with more than 200,000 inhabitants
    which classify property, property (including interests in
    land and other facilities) on or  adjacent  to  (even  if
    separated by a public street, alley, sidewalk, parkway or
    other  public  way)  the  grounds  of  a  school, if that
    property is used by an academic, research or professional
    society, institute,  association  or  organization  which
    serves  the  advancement of learning in a field or fields
    of study taught by the school and which property  is  not
    used with a view to profit.
(Source: P.A. 83-1226; 88-455; revised 3-31-97.)

    (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
different  than  July  1. The applicant shall submit with the
application an affidavit of the applicant's  total  household
income,  age,  marital  status  (and  if married the name and
address of the applicant's spouse, if known),  and  principal
dwelling  place  of  members of the household on January 1 of
the taxable year. The Department shall establish, by rule,  a
method  for  verifying  the  accuracy  of affidavits filed by
applicants under this  Section.  The  applications  shall  be
clearly  marked  as  applications  for  the  Senior  Citizens
Assessment Freeze Homestead Exemption.
    Notwithstanding  any  other provision to the contrary, in
counties having  fewer  than  3,000,000  inhabitants,  if  an
applicant  fails  to  file  the  application required by this
Section in a timely manner and this failure to file is due to
a mental or physical condition sufficiently severe so  as  to
render the applicant incapable of filing the application in a
timely manner, the Chief County Assessment Officer may extend
the  filing  deadline  for  a  period  of  30  days after the
applicant regains the capability to file the application, but
in no case may the  filing  deadline  be  extended  beyond  3
months  of the original filing deadline.  In order to receive
the extension provided in this paragraph, the applicant shall
provide the Chief County Assessment  Officer  with  a  signed
statement  from  the applicant's physician stating the nature
and  extent  of  the  condition,  that,  in  the  physician's
opinion, the condition was so severe  that  it  rendered  the
applicant  incapable  of  filing  the application in a timely
manner, and the date on  which  the  applicant  regained  the
capability to file the application.
    Beginning  January  1,  1998,  notwithstanding  any other
provision to the contrary,  in  counties  having  fewer  than
3,000,000  inhabitants,  if  an  applicant  fails to file the
application required by this Section in a timely  manner  and
this failure to file is due to a mental or physical condition
sufficiently  severe  so as to render the applicant incapable
of filing the application  in  a  timely  manner,  the  Chief
County  Assessment Officer may extend the filing deadline for
a period of 3 months.  In  order  to  receive  the  extension
provided  in  this paragraph, the applicant shall provide the
Chief County Assessment Officer with a signed statement  from
the  applicant's  physician  stating the nature and extent of
the condition, and that,  in  the  physician's  opinion,  the
condition  was  so  severe  that  it  rendered  the applicant
incapable of filing the application in a timely manner.
    In counties having less than 3,000,000 inhabitants, if an
applicant was denied an exemption in taxable  year  1994  and
the  denial  occurred  due  to  an  error  on  the part of an
assessment official, or his or her agent  or  employee,  then
beginning in taxable year 1997 the applicant's base year, for
purposes of determining the amount of the exemption, shall be
1993 rather than 1994. In addition, in taxable year 1997, the
applicant's  exemption  shall also include an amount equal to
(i) the amount of any exemption denied to  the  applicant  in
taxable  year  1995  as  a  result of using 1994, rather than
1993, as the base year, (ii)  the  amount  of  any  exemption
denied  to  the applicant in taxable year 1996 as a result of
using 1994, rather than 1993, as the base year, and (iii) the
amount of the exemption erroneously denied for  taxable  year
1994.
    For  purposes  of  this  Section, a person who will be 65
years of  age  during  the  current  taxable  year  shall  be
eligible  to  apply  for  the homestead exemption during that
taxable  year.   Application  shall  be   made   during   the
application  period  in  effect  for the county of his or her
residence.
    The Chief County Assessment  Officer  may  determine  the
eligibility  of  a  life  care  facility  that qualifies as a
cooperative to receive the benefits provided by this  Section
by  use  of  an  affidavit,  application,  visual inspection,
questionnaire, or other reasonable method in order to  insure
that  the  tax  savings  resulting  from  the  exemption  are
credited  by  the  management  firm  to  the  apportioned tax
liability of each  qualifying  resident.   The  Chief  County
Assessment  Officer  may  request  reasonable  proof that the
management firm has so credited that exemption.
    Except as  provided  in  this  Section,  all  information
received  by  the  chief  county  assessment  officer  or the
Department from applications filed  under  this  Section,  or
from any investigation conducted under the provisions of this
Section,  shall be confidential, except for official purposes
or pursuant to official  procedures  for  collection  of  any
State  or  local  tax or enforcement of any civil or criminal
penalty or sanction imposed by this Act or by any statute  or
ordinance  imposing  a  State  or  local  tax. Any person who
divulges any  such  information  in  any  manner,  except  in
accordance with a proper judicial order, is guilty of a Class
A misdemeanor.
    Nothing  contained  in  this  Section  shall  prevent the
Director or chief county assessment officer  from  publishing
or  making  available  reasonable  statistics  concerning the
operation of the exemption contained in this Section in which
the contents of claims are grouped into aggregates in such  a
way  that information contained in any individual claim shall
not be disclosed.
    (d)  Each Chief County Assessment Officer shall  annually
publish  a  notice  of availability of the exemption provided
under this Section.  The notice shall be published  at  least
60  days  but no more than 75 days prior to the date on which
the  application  must  be  submitted  to  the  Chief  County
Assessment Officer of the county in  which  the  property  is
located.   The  notice shall appear in a newspaper of general
circulation in the county.
(Source:  P.A.  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; 90-14, eff. 7-1-97;  90-204,  eff.  7-25-97;  90-523,
eff.  11-13-97;  90-524,  eff.  1-1-98;  90-531, eff. 1-1-98;
revised 12-23-97.)

    (35 ILCS 200/15-175)
    Sec. 15-175.   General  homestead  exemption.   Homestead
property   is  entitled  to  an  annual  homestead  exemption
limited,  except  as  described   here   with   relation   to
cooperatives,  to a reduction in the equalized assessed value
of homestead property equal  to  the  increase  in  equalized
assessed  value  for  the  current  assessment year above the
equalized assessed value of the property for 1977, up to  the
maximum  reduction  set  forth  below.  If  however, the 1977
equalized assessed  value  upon  which  taxes  were  paid  is
subsequently  determined  by  local  assessing officials, the
Property Tax Appeal Board, or a court to have been excessive,
the equalized assessed value which should have been placed on
the property for 1977 shall be used to determine  the  amount
of the exemption.
    The  maximum  reduction  shall be $4,500 in counties with
3,000,000  or  more  inhabitants  and  $3,500  in  all  other
counties.
    In counties with fewer than  3,000,000  inhabitants,  if,
based  on  the most recent assessment, the equalized assessed
value of the homestead property for  the  current  assessment
year  is  greater  than  the  equalized assessed value of the
property  for  1977,  the  owner  of   the   property   shall
automatically   receive  the  exemption  granted  under  this
Section in an amount equal to  the  increase  over  the  1977
assessment  up  to  the  maximum  reduction set forth in this
Section.
    "Homestead  property"   under   this   Section   includes
residential  property that is occupied by its owner or owners
as his or their  principal  dwelling  place,  or  that  is  a
leasehold  interest  on  which  a  single family residence is
situated, which is occupied as a residence by  a  person  who
has an ownership interest therein, legal or equitable or as a
lessee,  and on which the person is liable for the payment of
property taxes. For land improved with an apartment  building
owned  and operated as a cooperative or a building which is a
life  care  facility  as  defined  in  Section   15-170   and
considered  to  be  a  cooperative  under Section 15-170, the
maximum reduction from the equalized assessed value shall  be
limited  to  the  increase  in  the value above the equalized
assessed value of the property for 1977, up  to  the  maximum
reduction  set  forth  above,  multiplied  by  the  number of
apartments or units occupied by a person or  persons  who  is
liable,  by  contract with the owner or owners of record, for
paying property taxes on the property  and  is  an  owner  of
record  of  a  legal or equitable interest in the cooperative
apartment building, other  than  a  leasehold  interest.  For
purposes  of  this Section, the term "life care facility" has
the meaning stated in Section 15-170.
    In a cooperative where a  homestead  exemption  has  been
granted,  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  so
credit the savings shall be guilty of a Class B misdemeanor.
    Where  married  persons  maintain  and reside in separate
residences qualifying as homestead property,  each  residence
shall  receive  50%  of  the  total  reduction  in  equalized
assessed valuation provided by this Section.
    In  counties  with  more  than 3,000,000 inhabitants, the
assessor, or chief county assessment  officer  may  determine
the  eligibility  of  residential  property  to  receive  the
homestead   exemption   by  application,  visual  inspection,
questionnaire or other reasonable methods.  The determination
shall be made in accordance with  guidelines  established  by
the  Department.    In  counties  with  fewer  than 3,000,000
inhabitants, in the event of a sale of homestead property the
homestead exemption shall remain in effect for the  remainder
of  the  assessment  year of the sale.  The assessor or chief
county assessment officer may require the new  owner  of  the
property  to  apply  for  the  homestead  exemption  for  the
following assessment year.
(Source: P.A.  90-368,  eff.  1-1-98;  90-552, eff. 12-12-97;
revised 1-6-98.)
    (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 through December 31,
1997, and $45,000 beginning January 1, 1998  and  thereafter,
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;  90-14,  eff.  7-1-97;  90-186, eff. 7-24-97; revised
10-15-97)

    (35 ILCS 200/18-165)
    Sec. 18-165. Abatement of taxes.
    (a)  Any taxing district, upon a  majority  vote  of  its
governing  authority,  may,  after  the  determination of the
assessed valuation of its property, order the clerk  of  that
county  to  abate  any  portion of its taxes on the following
types of property:
         (1)  Commercial and industrial.
              (A)  The  property   of   any   commercial   or
         industrial  firm,  including  but not limited to the
         property of any firm that is  used  for  collecting,
         separating,   storing,   or   processing  recyclable
         materials,  locating  within  the  taxing   district
         during  the  immediately preceding year from another
         state, territory, or country, or having  been  newly
         created  within  this  State  during the immediately

         preceding year, or expanding an  existing  facility.
         The  abatement shall not exceed a period of 10 years
         and the aggregate amount of  abated  taxes  for  all
         taxing   districts   combined   shall   not   exceed
         $4,000,000; or
              (B)  The   property   of   any   commercial  or
         industrial development of at least 500 acres  having
         been   created  within  the  taxing  district.   The
         abatement shall not exceed a period of 20 years  and
         the  aggregate amount of abated taxes for all taxing
         districts combined shall not exceed $12,000,000.
              (C)  The  property   of   any   commercial   or
         industrial  firm  currently  located  in  the taxing
         district that expands a facility or  its  number  of
         employees.  The  abatement shall not exceed a period
         of 10 years and the aggregate amount of abated taxes
         for all taxing districts combined shall  not  exceed
         $4,000,000.  The  abatement period may be renewed at
         the option of the taxing districts.
         (2)  Horse  racing.   Any  property  in  the  taxing
    district which is used for the racing of horses and  upon
    which   capital  improvements  consisting  of  expansion,
    improvement or replacement of  existing  facilities  have
    been  made  since  July 1, 1987.  The combined abatements
    for such property from all taxing districts in any county
    shall not exceed $5,000,000 annually and shall not exceed
    a period of 10 years.
         (3)  Auto racing.  Any property designed exclusively
    for the racing of motor vehicles.  Such  abatement  shall
    not exceed a period of 10 years.
         (4)  Academic  or  research institute.  The property
    of any academic  or  research  institute  in  the  taxing
    district   that  (i)  is  an  exempt  organization  under
    paragraph (3) of Section 501(c) of the  Internal  Revenue
    Code,  (ii)  operates  for  the  benefit of the public by
    actually and exclusively performing  scientific  research
    and  making  the results of the research available to the
    interested public  on  a  non-discriminatory  basis,  and
    (iii)  employs  more  than  100  employees.  An abatement
    granted under this paragraph shall be  for  at  least  15
    years  and  the  aggregate amount of abated taxes for all
    taxing districts combined shall not exceed $5,000,000.
    (b)  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  located
within the corporate limits of the municipality in accordance
with Section 8-3-18 of the Illinois Municipal Code.
(Source:  P.A.  89-561,  eff.  1-1-97;  90-46,  eff.  7-3-97;
90-415, eff. 8-15-97; revised 10-30-97.)

    (35 ILCS 200/18-185)
    Sec. 18-185.  Short title; definitions.  This Section and
Sections  18-190  through 18-245 may be cited as the Property
Tax Extension Limitation Law.  As  used  in  Sections  18-190
through 18-245:
    "Consumer Price Index" means the Consumer Price Index for
All  Urban  Consumers  for  all items published by the United
States Department of Labor.
    "Extension limitation" means (a) the lesser of 5% or  the
percentage  increase  in  the Consumer Price Index during the
12-month calendar year preceding the levy  year  or  (b)  the
rate of increase approved by voters under Section 18-205.
    "Affected  county"  means  a  county of 3,000,000 or more
inhabitants or a county contiguous to a county  of  3,000,000
or more inhabitants.
    "Taxing  district"  has  the  same  meaning  provided  in
Section  1-150, except as otherwise provided in this Section.
For the 1991 through 1994 levy years only, "taxing  district"
includes  only  each non-home rule taxing district having the
majority of its 1990  equalized  assessed  value  within  any
county  or  counties contiguous to a county with 3,000,000 or
more inhabitants.  Beginning with the 1995 levy year, "taxing
district" includes only each non-home  rule  taxing  district
subject  to  this  Law  before  the  1995  levy year and each
non-home rule taxing district not subject to this Law  before
the  1995 levy year having the majority of its 1994 equalized
assessed value in an affected county or counties.   Beginning
with  the levy year in which this Law becomes applicable to a
taxing  district  as  provided  in  Section  18-213,  "taxing
district" also includes those taxing districts  made  subject
to this Law as provided in Section 18-213.
    "Aggregate  extension" for taxing districts to which this
Law applied before  the  1995  levy  year  means  the  annual
corporate extension for the taxing district and those special
purpose  extensions  that  are  made  annually for the taxing
district, excluding special purpose extensions: (a) made  for
the  taxing  district to pay interest or principal on general
obligation bonds that were approved by referendum;  (b)  made
for  any  taxing  district  to  pay  interest or principal on
general obligation bonds issued before October 1,  1991;  (c)
made  for any taxing district to pay interest or principal on
bonds issued to refund or  continue  to  refund  those  bonds
issued  before  October  1,  1991;  (d)  made  for any taxing
district to pay interest or  principal  on  bonds  issued  to
refund  or  continue  to refund bonds issued after October 1,
1991 that were approved  by  referendum;  (e)  made  for  any
taxing district to pay interest or principal on revenue bonds
issued before October 1, 1991 for payment of which a property
tax  levy  or  the full faith and credit of the unit of local
government is pledged; however, a  tax  for  the  payment  of
interest or principal on those bonds shall be made only after
the governing body of the unit of local government finds that
all  other sources for payment are insufficient to make those
payments; (f) made for payments under a  building  commission
lease when the lease payments are for the retirement of bonds
issued  by  the commission before October 1, 1991, to pay for
the  building  project;  (g)  made  for  payments  due  under
installment contracts entered into before  October  1,  1991;
(h)  made  for  payments  of  principal and interest on bonds
issued under the Metropolitan Water Reclamation District  Act
to  finance construction projects initiated before October 1,
1991; (i) made for payments  of  principal  and  interest  on
limited   bonds,  as  defined  in  Section  3  of  the  Local
Government Debt Reform Act, in an amount not  to  exceed  the
debt  service  extension  base  less the amount in items (b),
(c), (e), and  (h)  of  this  definition  for  non-referendum
obligations,  except obligations initially issued pursuant to
referendum; (j) made for payments of principal  and  interest
on bonds issued under Section 15 of the Local Government Debt
Reform   Act;   and  (k)  made  by  a  school  district  that
participates  in  the  Special  Education  District  of  Lake
County, created by special education  joint  agreement  under
Section  10-22.31  of  the  School  Code,  for payment of the
school  district's  share  of  the  amounts  required  to  be
contributed by the Special Education District of Lake  County
to  the Illinois Municipal Retirement Fund under Article 7 of
the Illinois Pension Code; the amount of any extension  under
this  item  (k)  shall be certified by the school district to
the county clerk.
    "Aggregate extension" for the taxing districts  to  which
this  Law  did  not  apply  before the 1995 levy year (except
taxing districts subject  to  this  Law  in  accordance  with
Section  18-213) means the annual corporate extension for the
taxing district and those special purpose extensions that are
made annually for  the  taxing  district,  excluding  special
purpose  extensions:  (a) made for the taxing district to pay
interest or principal on general obligation bonds  that  were
approved  by  referendum; (b) made for any taxing district to
pay interest or principal on general obligation bonds  issued
before March 1, 1995; (c) made for any taxing district to pay
interest  or  principal on bonds issued to refund or continue
to refund those bonds issued before March 1, 1995;  (d)  made
for any taxing district to pay interest or principal on bonds
issued  to  refund  or  continue to refund bonds issued after
March 1, 1995 that were approved by referendum; (e) made  for
any  taxing  district to pay interest or principal on revenue
bonds issued before March 1, 1995  for  payment  of  which  a
property tax levy or the full faith and credit of the unit of
local  government  is pledged; however, a tax for the payment
of interest or principal on those bonds shall  be  made  only
after  the  governing  body  of  the unit of local government
finds that all other sources for payment are insufficient  to
make  those  payments; (f) made for payments under a building
commission  lease  when  the  lease  payments  are  for   the
retirement  of bonds issued by the commission before March 1,
1995 to pay for the building project; (g) made  for  payments
due  under installment contracts entered into before March 1,
1995; (h) made for payments  of  principal  and  interest  on
bonds   issued   under  the  Metropolitan  Water  Reclamation
District  Act  to  finance  construction  projects  initiated
before October 1, 1991; (i) made for  payments  of  principal
and interest on limited bonds, as defined in Section 3 of the
Local  Government Debt Reform Act, in an amount not to exceed
the debt service extension base less the amount in items (b),
(c),  and  (e)  of   this   definition   for   non-referendum
obligations,  except obligations initially issued pursuant to
referendum and bonds described  in  subsection  (h)  of  this
definition;  (j)  made for payments of principal and interest
on bonds issued under Section 15 of the Local Government Debt
Reform Act; (k) made for payments of principal  and  interest
on  bonds  authorized  by  Public Act 88-503 and issued under
Section 20a of the Chicago Park District Act for aquarium  or
museum  projects;  and (l) made for payments of principal and
interest on bonds authorized by Public Act 87-1191 and issued
under Section 42 of the Cook County Forest Preserve  District
Act for zoological park projects.
    "Aggregate  extension"  for all taxing districts to which
this Law applies in accordance with  Section  18-213,  except
for  those  taxing  districts  subject  to  paragraph  (2) of
subsection (e) of Section 18-213, means the annual  corporate
extension  for  the taxing district and those special purpose
extensions that are made annually for  the  taxing  district,
excluding special purpose extensions: (a) made for the taxing
district  to  pay interest or principal on general obligation
bonds that were approved by  referendum;  (b)  made  for  any
taxing  district  to  pay  interest  or  principal on general
obligation  bonds  issued  before  the  date  on  which   the
referendum  making this Law applicable to the taxing district
is held; (c) made for any taxing district to pay interest  or
principal  on  bonds  issued  to refund or continue to refund
those bonds issued before the date on  which  the  referendum
making  this  Law  applicable to the taxing district is held;
(d) made for any taxing district to pay interest or principal
on bonds issued to refund or continue to refund bonds  issued
after  the  date  on  which  the  referendum  making this Law
applicable to the taxing district is held if the  bonds  were
approved by referendum after the date on which the referendum
making  this  Law  applicable to the taxing district is held;
(e) made for any taxing district to pay interest or principal
on  revenue  bonds  issued  before  the  date  on  which  the
referendum making this Law applicable to the taxing  district
is  held for payment of which a property tax levy or the full
faith and credit of the unit of local government is  pledged;
however,  a  tax  for the payment of interest or principal on
those bonds shall be made only after the  governing  body  of
the unit of local government finds that all other sources for
payment are insufficient to make those payments; (f) made for
payments  under  a  building  commission lease when the lease
payments are for  the  retirement  of  bonds  issued  by  the
commission  before  the  date  on which the referendum making
this Law applicable to the taxing district is held to pay for
the  building  project;  (g)  made  for  payments  due  under
installment contracts entered into before the date  on  which
the  referendum  making  this  Law  applicable  to the taxing
district is held; (h) made  for  payments  of  principal  and
interest  on  limited  bonds,  as defined in Section 3 of the
Local Government Debt Reform Act, in an amount not to  exceed
the debt service extension base less the amount in items (b),
(c),   and   (e)   of   this  definition  for  non-referendum
obligations, except obligations initially issued pursuant  to
referendum;  (i)  made for payments of principal and interest
on bonds issued under Section 15 of the Local Government Debt
Reform Act; and (j) made for a qualified airport authority to
pay interest or principal on general obligation bonds  issued
for the purpose of paying obligations due under, or financing
airport  facilities  required  to  be  acquired, constructed,
installed or equipped pursuant  to,  contracts  entered  into
before  March  1,  1996  (but not including any amendments to
such a contract taking effect on or after that date).
    "Aggregate extension" for all taxing districts  to  which
this   Law  applies  in  accordance  with  paragraph  (2)  of
subsection (e) of Section 18-213 means the  annual  corporate
extension  for  the taxing district and those special purpose
extensions that are made annually for  the  taxing  district,
excluding special purpose extensions: (a) made for the taxing
district  to  pay interest or principal on general obligation
bonds that were approved by  referendum;  (b)  made  for  any
taxing  district  to  pay  interest  or  principal on general
obligation bonds issued before the  effective  date  of  this
amendatory  Act  of 1997; (c) made for any taxing district to
pay interest or  principal  on  bonds  issued  to  refund  or
continue  to  refund  those bonds issued before the effective
date of this amendatory Act of 1997; (d) made for any  taxing
district  to  pay  interest  or  principal on bonds issued to
refund or continue to refund bonds issued after the effective
date of this  amendatory  Act  of  1997  if  the  bonds  were
approved  by  referendum  after  the  effective  date of this
amendatory Act of 1997; (e) made for any taxing  district  to
pay  interest or principal on revenue bonds issued before the
effective date of this amendatory Act of 1997 for payment  of
which a property tax levy or the full faith and credit of the
unit  of  local government is pledged; however, a tax for the
payment of interest or principal on those bonds shall be made
only after the governing body of the unit of local government
finds that all other sources for payment are insufficient  to
make  those  payments; (f) made for payments under a building
commission  lease  when  the  lease  payments  are  for   the
retirement  of  bonds  issued  by  the  commission before the
effective date of this amendatory Act of 1997 to pay for  the
building project; (g) made for payments due under installment
contracts  entered  into  before  the  effective date of this
amendatory Act of 1997; (h) made for  payments  of  principal
and interest on limited bonds, as defined in Section 3 of the
Local  Government Debt Reform Act, in an amount not to exceed
the debt service extension base less the amount in items (b),
(c),  and  (e)  of   this   definition   for   non-referendum
obligations,  except obligations initially issued pursuant to
referendum; (i) made for payments of principal  and  interest
on bonds issued under Section 15 of the Local Government Debt
Reform Act; and (j) made for a qualified airport authority to
pay  interest or principal on general obligation bonds issued
for the purpose of paying obligations due under, or financing
airport facilities  required  to  be  acquired,  constructed,
installed  or  equipped  pursuant  to, contracts entered into
before March 1, 1996 (but not  including  any  amendments  to
such a contract taking effect on or after that date).
    "Debt  service  extension  base" means an amount equal to
that portion of the extension for a taxing district  for  the
1994 levy year, or for those taxing districts subject to this
Law  in  accordance  with  Section  18-213,  except for those
subject to paragraph (2) of subsection (e) of Section 18-213,
for the levy year in which the  referendum  making  this  Law
applicable  to  the  taxing  district  is  held, or for those
taxing districts subject  to  this  Law  in  accordance  with
paragraph  (2)  of  subsection  (e) of Section 18-213 for the
1996 levy year, constituting  an  extension  for  payment  of
principal and interest on bonds issued by the taxing district
without referendum, but not including (i) bonds authorized by
Public Act 88-503 and issued under Section 20a of the Chicago
Park  District  Act  for  aquarium  and museum projects; (ii)
bonds issued under Section 15 of the  Local  Government  Debt
Reform  Act;  or (iii) refunding obligations issued to refund
or  to  continue  to  refund  obligations  initially   issued
pursuant  to referendum.  The debt service extension base may
be established or increased as provided under Section 18-212.
    "Special purpose extensions" include, but are not limited
to, extensions  for  levies  made  on  an  annual  basis  for
unemployment   and   workers'  compensation,  self-insurance,
contributions to pension plans, and extensions made  pursuant
to  Section  6-601  of  the  Illinois Highway Code for a road
district's permanent road fund  whether  levied  annually  or
not.   The  extension  for  a  special  service  area  is not
included in the aggregate extension.
    "Aggregate extension base" means  the  taxing  district's
last preceding aggregate extension as adjusted under Sections
18-215 through 18-230.
    "Levy  year" has the same meaning as "year" under Section
1-155.
    "New property" means (i) the assessed value, after  final
board   of   review  or  board  of  appeals  action,  of  new
improvements or additions to  existing  improvements  on  any
parcel  of  real property that increase the assessed value of
that real property during the levy  year  multiplied  by  the
equalization  factor  issued  by the Department under Section
17-30 and (ii) the  assessed  value,  after  final  board  of
review  or  board  of  appeals  action,  of real property not
exempt from real estate taxation,  which  real  property  was
exempt  from  real  estate  taxation  for  any portion of the
immediately  preceding   levy   year,   multiplied   by   the
equalization  factor  issued  by the Department under Section
17-30.
    "Qualified airport authority" means an airport  authority
organized  under the Airport Authorities Act and located in a
county bordering on the  State  of  Wisconsin  and  having  a
population in excess of 200,000 and not greater than 500,000.
    "Recovered  tax  increment value" means the amount of the
current year's equalized assessed value, in  the  first  year
after a municipality terminates the designation of an area as
a redevelopment project area previously established under the
Tax  Increment  Allocation  Development  Act  in the Illinois
Municipal Code, previously established under  the  Industrial
Jobs   Recovery  Law  in  the  Illinois  Municipal  Code,  or
previously established under the  Economic  Development  Area
Tax  Increment  Allocation  Act,  of each taxable lot, block,
tract, or  parcel  of  real  property  in  the  redevelopment
project  area  over  and above the initial equalized assessed
value of each property in the redevelopment project area.
    Except as otherwise provided in this  Section,  "limiting
rate"  means  a  fraction  the numerator of which is the last
preceding aggregate extension base times an amount  equal  to
one plus the extension limitation defined in this Section and
the  denominator  of  which  is  the current year's equalized
assessed value of all real property in  the  territory  under
the jurisdiction of the taxing district during the prior levy
year.    For   those  taxing  districts  that  reduced  their
aggregate extension for the last  preceding  levy  year,  the
highest  aggregate  extension  in any of the last 3 preceding
levy years shall be used for the  purpose  of  computing  the
limiting   rate.   The  denominator  shall  not  include  new
property.  The denominator shall not  include  the  recovered
tax increment value.
(Source:  P.A.  89-1,  eff.  2-12-95;  89-138,  eff. 7-14-95;
89-385, eff.  8-18-95;  89-436,  eff.  1-1-96;  89-449,  eff.
6-1-96;  89-510,  eff.  7-11-96; 89-718, eff. 3-7-97; 90-485,
eff. 1-1-98; 90-511, eff. 8-22-97; revised 10-24-97.)

    (35 ILCS 200/19-60)
    Sec. 19-60.  Bond as security for  taxes  collected.  The
bond  of  every county or township collector shall be held to
be security for the payment by the collector to  the,  county
treasurer and the taxing districts and proper authorities, of
all   taxes,  special  assessments  which  are  collected  or
received on their behalf, and  of  all  penalties  which  are
recovered against him.
(Source: Laws 1939, p. 886; P.A. 88-455; revised 12-18-97.)

    (35 ILCS 200/20-160)
    Sec.  20-160.   Office  may  be  declared vacant.  If any
county collector fails to account and pay over as required in
Sections 20-140 2-140 and 20-150, the office may be  declared
vacant  by the county board, or by any court in which suit is
brought on his or her official bond.
(Source: Laws 1939, p. 886; P.A. 88-455; revised 8-7-97.)
    (35 ILCS 200/21-260)
    Sec.  21-260.   Collector's  scavenger  sale.   Upon  the
county collector's application under Section  21-145,  to  be
known  as  the  Scavenger  Sale  Application, the Court shall
enter judgment for the general taxes, special taxes,  special
assessments, interest, penalties and costs as are included in
the advertisement and appear to be due thereon after allowing
an opportunity to object and a hearing upon the objections as
provided  in  Section 21-175, and order those properties sold
by the County Collector at public sale to the highest  bidder
for  cash,  notwithstanding the bid may be less than the full
amount  of  taxes,  special   taxes,   special   assessments,
interest,  penalties  and  costs  for which judgment has been
entered.
    (a)  Conducting the  sale  -  Bidding.    All  properties
shall be offered for sale in consecutive order as they appear
in  the  delinquent  list.  The  minimum bid for any property
shall be $250 or one-half of the tax if the  total  liability
is  less  than $500.  The successful bidder shall immediately
pay the amount of minimum bid  to  the  County  Collector  in
cash, by certified or cashier's check, or by money order.  If
the  bid exceeds the minimum bid, the successful bidder shall
pay the balance of the bid to the county collector  in  cash,
by  certified  or  cashier's  check, or by money order by the
close of the next business day.  If the minimum  bid  is  not
paid at the time of sale or if the balance is not paid by the
close of the next business day, then the sale is void and the
minimum  bid,  if  paid,  is  forfeited to the county general
fund.  In that event, the property  shall  be  reoffered  for
sale  within  30  days  of  the  last offering of property in
regular order.  The collector shall  make  available  to  the
public  a  list  of  all  properties  to  be  included in any
reoffering due to the voiding  of  the  original  sale.   The
collector  is  not  required  to  serve  or publish any other
notice of the reoffering of those properties.  In  the  event
that  any  of the properties are not sold upon reoffering, or
are sold for less than the  amount  of  the  original  voided
sale,  the  original  bidder who failed to pay the bid amount
shall remain liable for the unpaid balance of the bid  in  an
action  under Section 21-240.  Liability shall not be reduced
where the bidder upon reoffering also fails to  pay  the  bid
amount,  and  in  that event both bidders shall remain liable
for the unpaid balance of their respective bids.  A  sale  of
properties  under  this  Section  shall  not  be  final until
confirmed by the court.
    (b)  Confirmation of sales.  The county  collector  shall
file his or her report of sale in the court within 30 days of
the  date  of sale of each property.  No notice of the county
collector's  application  to  confirm  the  sales  shall   be
required  except  as  prescribed  by rule of the court.  Upon
confirmation, except in cases where  the  sale  becomes  void
under   Section  22-85,  or  in  cases  where  the  order  of
confirmation is vacated by  the  court,  a  sale  under  this
Section  shall  extinguish  the  in  rem  lien of the general
taxes,  special  taxes  and  special  assessments  for  which
judgment has been entered and a redemption shall  not  revive
the  lien.  Confirmation of the sale shall in no event affect
the owner's personal liability to pay the taxes, interest and
penalties as provided in this Code or prevent institution  of
a  proceeding under Section 21-440 to collect any amount that
may remain due after the sale.
    (c)  Issuance of tax sale certificates. Upon confirmation
of the sale the County Clerk and the County  Collector  shall
issue  to the purchaser a certificate of purchase in the form
prescribed  by  Section  21-250  as  near  as  may   be.    A
certificate of purchase shall not be issued to any person who
is  ineligible to bid at the sale or to receive a certificate
of purchase under Section 21-265.
    (d)  Scavenger Tax Judgment, Sale and Redemption Record -
Sale of parcels not sold.  The county collector shall prepare
a Scavenger Tax Judgment, Sale and  Redemption  Record.   The
county  clerk  shall  write  or  stamp  on  the scavenger tax
judgment, sale, forfeiture and redemption record opposite the
description of any property offered for sale and not sold, or
not confirmed for any reason,  the  words  "offered  but  not
sold".  The  properties which are offered for sale under this
Section and not sold or not confirmed shall  be  offered  for
sale  annually  thereafter  in  the  manner  provided in this
Section until sold, except in the  case  of  mineral  rights,
which  after  10  consecutive years of being offered for sale
under this Section and not sold or confirmed shall no  longer
be  required  to  be  offered  for  sale. At any time between
annual sales the County Collector may advertise for sale  any
properties   subject   to   sale  under  judgments  for  sale
previously entered under this Section and  not  executed  for
any reason.  The advertisement and sale shall be regulated by
the provisions of this Code as far as applicable.
    (e)  Proceeding to tax deed. The owner of the certificate
of  purchase  shall  give notice as required by Sections 22-5
through 22-30, and may extend the  period  of  redemption  as
provided by Section 21-385. At any time within 5 months prior
to  expiration  of the period of redemption from a sale under
this Code, the owner of a certificate of purchase may file  a
petition  and  may  obtain  a  tax  deed under Sections 22-30
through 22-55. All proceedings for the issuance of a tax deed
and all tax deeds for  properties  sold  under  this  Section
shall  be  subject  to  Sections  22-30  through 22-55. Deeds
issued under this Section are subject to Section 22-70.  This
Section shall be liberally construed so  to  that  the  deeds
provided for in this Section convey merchantable title.
    (f)  Redemptions from scavenger sales. Redemptions may be
made  from  sales  under  this Section in the same manner and
upon the same terms and conditions as redemptions from  sales
made  under  the  County  Collector's  annual application for
judgment and order of sale, except that in  lieu  of  penalty
the  person  redeeming  shall  pay interest as follows if the
sale occurs before September 9, 1993:
         (1)  If redeemed within the first 2 months from  the
    date  of  the  sale, 3% per month or portion thereof upon
    the amount for which the property was sold;
         (2)  If redeemed between 2 and  6  months  from  the
         date  of  the  sale, 12% of the amount for which the
         property was sold;
         (3)  If redeemed between 6 and 12  months  from  the
    date  of  the  sale,  24%  of  the  amount  for which the
    property was sold;
         (4)  If redeemed between 12 and 18 months  from  the
    date  of  the  sale,  36%  of  the  amount  for which the
    property was sold;
         (5)  If redeemed between 18 and 24 months  from  the
    date  of  the  sale,  48%  of  the  amount  for which the
    property was sold;
         (6)  If redeemed after 24 months from  the  date  of
    sale,  the  48% herein provided together with interest at
    6% per year thereafter.
    If the sale occurs on or after  September  9,  1993,  the
person  redeeming  shall  pay  interest  on  that part of the
amount for which the property was sold equal to or less  than
the  full  amount  of  delinquent taxes, special assessments,
penalties, interest, and costs, included in the judgment  and
order of sale as follows:
         (1)  If  redeemed within the first 2 months from the
    date of the sale, 3% per month upon the amount of  taxes,
    special  assessments,  penalties, interest, and costs due
    for each of the first 2 months, or fraction thereof.
         (2)  If redeemed at any time between 2 and 6  months
    from  the  date  of the sale, 12% of the amount of taxes,
    special assessments, penalties, interest, and costs due.
         (3)  If redeemed at any time between 6 and 12 months
    from the date of the sale, 24% of the  amount  of  taxes,
    special assessments, penalties, interest, and costs due.
         (4)  If  redeemed  at  any  time  between  12 and 18
    months from the date of the sale, 36% of  the  amount  of
    taxes,  special  assessments,  penalties,  interest,  and
    costs due.
         (5)  If  redeemed  at  any  time  between  18 and 24
    months from the date of the sale, 48% of  the  amount  of
    taxes,  special  assessments,  penalties,  interest,  and
    costs due.
         (6)  If  redeemed  after  24 months from the date of
    sale, the 48% provided for the 24  months  together  with
    interest  at  6%  per  annum  thereafter on the amount of
    taxes,  special  assessments,  penalties,  interest,  and
    costs due.
    The person redeeming shall not be  required  to  pay  any
interest on any part of the amount for which the property was
sold  that  exceeds  the  full  amount  of  delinquent taxes,
special assessments, penalties, interest, and costs  included
in the judgment and order of sale.
    Notwithstanding  any  other  provision  of  this Section,
except for owner-occupied  single  family  residential  units
which  are condominium units, cooperative units or dwellings,
the amount required to be  paid  for  redemption  shall  also
include  an  amount  equal  to  all  delinquent  taxes on the
property which taxes were delinquent at  the  time  of  sale.
The  delinquent  taxes  shall  be  apportioned  by the county
collector among the taxing districts in which the property is
situated in accordance with law. In the event that all moneys
received from any sale held  under  this  Section  exceed  an
amount  equal  to  all delinquent taxes on the property sold,
which taxes were delinquent at the  time  of  sale,  together
with  all  publication  and  other  costs associated with the
sale, then, upon redemption, the  County  Collector  and  the
County  Clerk  shall  apply  the excess amount to the cost of
redemption.
    (g)  Bidding by county or other  taxing  districts.   Any
taxing  district  may  bid  at  a scavenger sale.  The county
board of the county in  which  properties  offered  for  sale
under  this  Section  are  located may bid as trustee for all
taxing districts having an interest  in  the  taxes  for  the
nonpayment of which the parcels are offered. The County shall
apply  on  the bid the unpaid taxes due upon the property and
no cash need be paid. The County  or  other  taxing  district
acquiring  a  tax  sale  certificate  shall  take  all  steps
necessary to acquire title to the property and may manage and
operate the property so acquired.
    When  a  county,  or  other  taxing  district  within the
county, is a petitioner for a tax deed, no filing  fee  shall
be required on the petition. The county as a tax creditor and
as  trustee for other tax creditors, or other taxing district
within the county shall not be required to allege  and  prove
that  all  taxes and special assessments which become due and
payable after the sale to the  county  have  been  paid.  The
county shall not be required to pay the subsequently accruing
taxes  or  special  assessments at any time. Upon the written
request of the county  board  or  its  designee,  the  county
collector  shall  not  offer the property for sale at any tax
sale subsequent to the sale of the  property  to  the  county
under this Section. The lien of taxes and special assessments
which  become  due and payable after a sale to a county shall
merge in the  fee  title  of  the  county,  or  other  taxing
district,  on the issuance of a deed. The County may sell the
properties  so  acquired,  or  the  certificate  of  purchase
thereto, and the proceeds of the sale shall be distributed to
the  taxing  districts  in  proportion  to  their  respective
interests therein. The presiding officer of the county board,
with the advice and consent of the County Board, may  appoint
some  officer  or person to attend scavenger sales and bid on
its behalf.
    (h)  Miscellaneous provisions.  In  the  event  that  the
tract  of  land  or lot sold at any such sale is not redeemed
within the time permitted by law and a tax  deed  is  issued,
all  moneys  that may be received from the sale of properties
in  excess  of  the  delinquent  taxes,  together  with   all
publication  and other costs associated with the sale, shall,
upon petition of any  interested  party  to  the  court  that
issued  the  tax deed, be distributed by the County Collector
pursuant to order of the court among the persons having legal
or equitable interests in the property according to the  fair
value  of their interests in the tract or lot. Section 21-415
does not apply to properties sold under this Section. Appeals
may be taken from the orders and judgments entered under this
Section as in other civil cases.  The remedy herein  provided
is  in  addition  to  other  remedies  for  the collection of
delinquent taxes.
(Source: P.A. 90-514, eff. 8-22-97; revised 12-18-97.)

    (35 ILCS 200/21-315)
    Sec. 21-315.  Interest on refund.
    (a)  In those cases which arise solely under grounds  set
forth  in Section 21-310 or 22-35, and in no other cases, the
court which orders a sale in error shall also award  interest
on  the  refund  of  the  amount  paid for the certificate of
purchase, together with all costs paid by the  owner  of  the
certificate  of  purchase  or  his or her assignor which were
posted to the tax judgment, sale, redemption  and  forfeiture
record, except as otherwise provided in this Section.  Except
as  otherwise  provided  in  this  Section, interest shall be
awarded and paid at the rate of 1% per month from the date of
sale to the date of payment to the tax purchaser,  or  in  an
amount  equivalent  to  the  penalty  interest which would be
recovered on a redemption at the time of payment pursuant  to
the order for sale in error, whichever is less.
    (b)  Interest   on   the  refund  to  the  owner  of  the
certificate of purchase shall not be paid (i) in any case  in
which  the  improvements  upon  the  property  sold have been
substantially  destroyed   or   rendered   uninhabitable   or
otherwise unfit for occupancy, (ii) when the sale in error is
made  in  pursuant to Section 22-35, (iii) in any case, after
January  1,  1990,  in  which  the  real  estate  contains  a
hazardous substance, hazardous waste, or underground  storage
tank  that would require a cleanup or other removal under any
federal, State, or local law, ordinance or  regulation,  only
if  the  tax  purchaser purchased the property without actual
knowledge of the  hazardous  substance,  hazardous  waste  or
underground storage tank, or (iv) in any other case where the
court  determines that the tax purchaser had actual knowledge
prior to the sale  of  the  grounds  on  which  the  sale  is
declared to be erroneous.
    (c)  When  the county collector files a petition for sale
in error under Section 21-310 and mails a notice  thereof  by
certified  or  registered  mail  to  the  tax  purchaser, any
interest otherwise payable under this Section shall cease  to
accrue  as  of the date the petition is filed, unless the tax
purchaser agrees to an order  for  sale  in  error  upon  the
presentation  of  the  petition  to the court.  Notices under
this subsection may be mailed to the original  owner  of  the
certificate of purchase, or to the latest assignee, if known.
When  the  owner  of the certificate of purchase contests the
collector's petition solely to determine whether the  grounds
for  sale  in  error  are  such  as  to  support  a claim for
interest, the court may direct that the principal  amount  of
the  refund  be  paid  to  the  owner  of  the certificate of
purchase forthwith. If the court thereafter determines that a
claim for interest lies under this Section,  it  shall  award
such interest from the date of sale to the date the principal
amount was paid.
(Source:  P.A.  88-455;  88-676,  eff.  12-14-94; 89-69, eff.
6-30-95; revised 12-18-97.)

    (35 ILCS 200/22-90)
    Sec. 22-90.  Recording  of  certificate  of  purchase  by
municipality.   If  any  city,  village or incorporated town,
interested  in  the  collection  of  any   special   tax   or
assessment, acquires a certificate of purchase at a tax sale,
it  is  not  be required to take out a deed, but may preserve
its lien under the certificate of purchase, beyond the period
of redemption, by recording the certificate  of  purchase  or
evidence  thereof  within  1  year from the expiration of the
period of redemption or extended period of redemption, in the
office of the recorder of the county in which the property is
situated, or by presenting  the certificate for  registration
in  the manner provided by law, to the registrar of titles in
the case of property registered under the  Registered  Titles
(Torrens)  Act.   The recorded certificate of purchase or the
evidence thereof shall contain language in substantially  the
following form:
STATE OF ....)
             )SS
COUNTY OF ...)
    The  following  described  property was sold to the (here
place name of city, village,  or  incorporated  town),  at  a
public   sale   for   the  nonpayment  of  special  taxes  or
assessments in the above stated county, on the  ....  day  of
....,  19 .., to-wit: (here place property description).  The
sale was for the delinquent special tax or  assessment  (here
place the special assessment warrant number and installment).
Unless  payment  or settlement is made at the office of (here
place proper city, village or incorporated town officer), the
municipality for which the above lien or liens  were  created
may at any time after expiration of the period of redemption,
sell  and  assign  the  certificate  of purchase.  Either the
municipality or its assignee at any time after expiration  of
the period of redemption may file a complaint to foreclose or
bring  an  action  for  the  amount  of  the  special  tax or
assessment due.
    Dated this ....  day of ...., 19...
                                  ...........................
                                          (Proper Officer)
(Source: P.A. 87-669; 88-455; revised 12-18-97.)

    Section 44.   The  Motor  Fuel  Tax  Law  is  amended  by
changing Section 8 as follows:

    (35 ILCS 505/8) (from Ch. 120, par. 424)
    Sec.  8.   Except  as  provided  in Section 8a, all money
received by the Department under this Act, including payments
made to the Department by member jurisdictions  participating
in  the  International Fuel Tax Agreement, shall be deposited
in a special fund in the State treasury, to be known  as  the
"Motor Fuel Tax Fund", and shall be used as follows:
    (a)  2  1/2  cents  per  gallon  of  the tax collected on
special fuel under paragraph (b) of Section 2 and Section 13a
of this Act shall be transferred to  the  State  Construction
Account Fund in the State Treasury;
    (b)  $420,000  shall  be  transferred  each  month to the
State Boating Act Fund  to  be  used  by  the  Department  of
Natural  Resources for the purposes specified in Article X of
the Boat Registration and Safety Act;
    (c)  $1,500,000 shall be transferred each  month  to  the
Grade  Crossing  Protection  Fund  to be used as follows: not
less than $6,000,000 each fiscal year shall be used  for  the
construction   or   reconstruction   of  rail  highway  grade
separation structures; beginning with fiscal  year  1997  and
ending  in  fiscal  year  1999,  $1,500,000,  and $750,000 in
fiscal year 2000 and each fiscal  year  thereafter  shall  be
transferred  to  the Transportation Regulatory Fund and shall
be accounted for as part of the rail carrier portion of  such
funds  and shall be used to pay the cost of administration of
the Illinois Commerce Commission's railroad safety program in
connection with its duties under subsection  (3)  of  Section
18c-7401  of the Illinois Vehicle Code, with the remainder to
be used by the Department of Transportation upon order of the
Illinois Commerce Commission, to pay that part  of  the  cost
apportioned  by  such  Commission  to  the State to cover the
interest of the State-wide public in  the  use  of  highways,
roads  or  streets in the county highway system, township and
district road system or municipal street system as defined in
the Illinois Highway Code, as the same may from time to  time
be  amended,  for  separation  of  grades,  for installation,
construction or  reconstruction  of  crossing  protection  or
reconstruction, alteration, relocation including construction
or  improvement  of any existing highway necessary for access
to property or improvement of any  grade  crossing  including
the  necessary  highway  approaches  thereto  of any railroad
across the highway or public road, as provided for in and  in
accordance  with  Section  18c-7401  of  the Illinois Vehicle
Code.  In entering orders for  projects  for  which  payments
from  the  Grade  Crossing  Protection Fund will be made, the
Commission shall account for expenditures authorized  by  the
orders  on a cash rather than an accrual basis.  For purposes
of this requirement an "accrual basis" assumes that the total
cost of the project is expended in the fiscal year  in  which
the order is entered, while a "cash basis" allocates the cost
of  the  project  among  fiscal  years  as  expenditures  are
actually made;
    (d)  of  the  amount remaining after allocations provided
for in subsections (a), (b)  and  (c),  a  sufficient  amount
shall be reserved to pay all of the following:
         (1)  the  costs  of  the  Department  of  Revenue in
    administering this Act;
         (2)  the costs of the Department  of  Transportation
    in  performing its duties imposed by the Illinois Highway
    Code for supervising the use  of  motor  fuel  tax  funds
    apportioned   to   municipalities,   counties   and  road
    districts;
         (3)  refunds provided for in Section 13 of this  Act
    and  under  the  terms  of  the  International  Fuel  Tax
    Agreement referenced in Section 14a;
         (4)  from  October  1, 1985 until June 30, 1994, the
    administration of the Vehicle Emissions  Inspection  Law,
    which   amount   shall   be   certified  monthly  by  the
    Environmental Protection Agency to the State  Comptroller
    and   shall   promptly   be   transferred  by  the  State
    Comptroller and Treasurer from the Motor Fuel Tax Fund to
    the Vehicle Inspection Fund, and beginning July 1,  1994,
    and  until  December 31, 2000, one-twelfth of $25,000,000
    each  month  for  the  administration  of   the   Vehicle
    Emissions  Inspection  Law  of 1995, to be transferred by
    the State Comptroller and Treasurer from the  Motor  Fuel
    Tax Fund into the Vehicle Inspection Fund;
         (5)  amounts  ordered  paid  by the Court of Claims;
    and
         (6)  payment of motor fuel use taxes due  to  member
    jurisdictions  under  the terms of the International Fuel
    Tax  Agreement.   The  Department  shall  certify   these
    amounts to the Comptroller by the 15th day of each month;
    the  Comptroller  shall cause orders to be drawn for such
    amounts, and the Treasurer shall administer those amounts
    on or before the last day of each month;
    (e)  after allocations for  the  purposes  set  forth  in
subsections (a), (b), (c) and (d), the remaining amount shall
be apportioned as follows:
         (1)  58.4% shall be deposited as follows:
              (A)  37%  into  the  State Construction Account
         Fund, and
              (B)  63% into  the  Road  Fund,  $1,250,000  of
         which   shall   be   reserved  each  month  for  the
         Department  of  Transportation   to   be   used   in
         accordance  with  the  provisions  of Sections 6-901
         through 6-906 of the Illinois Highway Code;
         (2)  41.6% shall be transferred to the Department of
    Transportation to be distributed as follows:
              (A)  49.10% to the municipalities of the State,
              (B)  16.74% to the counties of the State having
         1,000,000 or more inhabitants,
              (C)  18.27% to the counties of the State having
         less than 1,000,000 inhabitants,
              (D)  15.89% to the road districts of the State.
    As soon as may be after the first day of each  month  the
Department of Transportation shall allot to each municipality
its   share   of   the  amount  apportioned  to  the  several
municipalities which shall be in proportion to the population
of such municipalities as determined by  the  last  preceding
municipal  census  if  conducted by the Federal Government or
Federal census. If territory is annexed to  any  municipality
subsequent  to  the  time  of  the  last preceding census the
corporate authorities of such municipality may cause a census
to be taken of such annexed territory and the  population  so
ascertained   for  such  territory  shall  be  added  to  the
population of the municipality  as  determined  by  the  last
preceding census for the purpose of determining the allotment
for that municipality.  If the population of any municipality
was  not  determined by the last Federal census preceding any
apportionment, the apportionment to such  municipality  shall
be  in accordance with any census taken by such municipality.
Any municipal census used in  accordance  with  this  Section
shall be certified to the Department of Transportation by the
clerk of such municipality, and the accuracy thereof shall be
subject  to  approval  of  the Department which may make such
corrections as it ascertains to be necessary.
    As soon as may be after the first day of each  month  the
Department  of  Transportation shall allot to each county its
share of the amount apportioned to the  several  counties  of
the  State  as herein provided. Each allotment to the several
counties having less than 1,000,000 inhabitants shall  be  in
proportion  to  the  amount  of  motor  vehicle  license fees
received from the residents of such  counties,  respectively,
during  the  preceding  calendar year. The Secretary of State
shall, on or before April 15 of each year,  transmit  to  the
Department  of  Transportation  a  full  and  complete report
showing the amount of motor  vehicle  license  fees  received
from  the  residents of each county, respectively, during the
preceding calendar year.  The  Department  of  Transportation
shall,  each  month, use for allotment purposes the last such
report received from the Secretary of State.
    As soon as may be after the first day of each month,  the
Department  of  Transportation  shall  allot  to  the several
counties their share of the amount apportioned for the use of
road districts.  The allotment shall be apportioned among the
several counties in the State in  the  proportion  which  the
total mileage of township or district roads in the respective
counties  bears  to  the  total  mileage  of all township and
district roads in the State. Funds allotted to the respective
counties for the use  of  road  districts  therein  shall  be
allocated  to the several road districts in the county in the
proportion which  the  total  mileage  of  such  township  or
district  roads in the respective road districts bears to the
total mileage of all such township or district roads  in  the
county.   After  July  1  of any year, no allocation shall be
made for any road district unless it levied a  tax  for  road
and  bridge  purposes  in  an  amount  which will require the
extension of such tax against the  taxable  property  in  any
such  road district at a rate of not less than either .08% of
the value thereof, based upon the  assessment  for  the  year
immediately  prior  to  the year in which such tax was levied
and as equalized by the Department of Revenue or,  in  DuPage
County,  an  amount equal to or greater than $12,000 per mile
of  road  under  the  jurisdiction  of  the  road   district,
whichever is less.  If any road district has levied a special
tax  for  road purposes pursuant to Sections 6-601, 6-602 and
6-603 of the Illinois Highway Code, and such tax  was  levied
in  an  amount which would require extension at a rate of not
less than .08% of the value of the taxable property  thereof,
as equalized or assessed by the Department of Revenue, or, in
DuPage County, an amount equal to or greater than $12,000 per
mile  of  road  under  the jurisdiction of the road district,
whichever is less, such levy  shall,  however,  be  deemed  a
proper  compliance  with  this Section and shall qualify such
road district for an allotment  under  this  Section.   If  a
township  has  transferred  to the road and bridge fund money
which, when added to the amount of any tax levy of  the  road
district  would  be  the  equivalent  of a tax levy requiring
extension at a rate of at least .08%,  or, in DuPage  County,
an  amount  equal to or greater than $12,000 per mile of road
under the jurisdiction of the  road  district,  whichever  is
less,  such  transfer, together with any such tax levy, shall
be deemed a proper compliance with  this  Section  and  shall
qualify  the  road  district  for  an  allotment  under  this
Section.
    In  counties in which a property tax extension limitation
is imposed under the Property Tax Extension  Limitation  Law,
road  districts  may retain their entitlement to a motor fuel
tax allotment if, at the  time  the  property  tax  extension
limitation  was imposed, the road district was levying a road
and bridge tax at a rate sufficient to entitle it to a  motor
fuel   tax  allotment  and  continues  to  levy  the  maximum
allowable amount after the imposition  of  the  property  tax
extension   limitation.    Any   road  district  may  in  all
circumstances retain its entitlement  to  a  motor  fuel  tax
allotment  if  it  levied  a road and bridge tax in an amount
that will require  the  extension  of  the  tax  against  the
taxable  property  in the road district at a rate of not less
than 0.08% of the assessed value of the property, based  upon
the assessment for the year immediately preceding the year in
which  the  tax was levied and as equalized by the Department
of Revenue or, in  DuPage  County,  an  amount  equal  to  or
greater  than $12,000 per mile of road under the jurisdiction
of the road district, whichever is less.
    As used in this Section the term  "road  district"  means
any  road  district,  including  a county unit road district,
provided for by the  Illinois  Highway  Code;  and  the  term
"township  or  district  road" means any road in the township
and district road system as defined in the  Illinois  Highway
Code.  For the purposes of this Section, "road district" also
includes   park  districts,  forest  preserve  districts  and
conservation  districts  organized  under  Illinois  law  and
"township or district road" also includes such roads  as  are
maintained  by  park districts, forest preserve districts and
conservation districts.   The  Department  of  Transportation
shall  determine  the  mileage  of  all township and district
roads for the purposes of making allotments  and  allocations
of motor fuel tax funds for use in road districts.
    Payment  of  motor  fuel tax moneys to municipalities and
counties  shall  be  made  as  soon  as  possible  after  the
allotment is made.  The  treasurer  of  the  municipality  or
county may invest these funds until their use is required and
the  interest earned by these investments shall be limited to
the same uses as the principal funds.
(Source: P.A.  89-167,  eff.  1-1-96;  89-445,  eff.  2-7-96;
89-699, eff. 1-16-97; 90-110, eff. 7-14-97; revised 8-14-97.)

    Section  45.   The Cannabis and Controlled Substances Tax
Act is amended by changing Section 16 as follows:

    (35 ILCS 520/16) (from Ch. 120, par. 2166)
    Sec. 16.  All  assessments  are  Jeopardy  Assessments  -
lien.
    (a)  Assessment.    An   assessment   for  a  dealer  not
possessing valid stamps or  other  official  indicia  showing
that  the  tax  has  been paid shall be considered a jeopardy
assessment or collection, as provided by Section 1102 of  the
Illinois  Income Tax Act.  The Department shall determine and
assess a tax and applicable penalties and interest  according
to  the  best  judgment  and  information  available  to  the
Department,  which amount so fixed by the Department shall be
prima facie correct and shall be prima facie evidence of  the
correctness  of  the  amount  of  tax  due,  as shown in such
determination.  When, according  to  the  best  judgment  and
information  available  to  the Department with regard to all
real and personal property and  rights  to  property  of  the
dealer,  there  is no reasonable expectation of collection of
the amount of tax and penalty to be assessed, the  Department
may  issue an assessment under this Section for the amount of
tax without penalty.
    (b)  Filing  of  Lien.   Upon  issuance  of  a   jeopardy
assessment as provided by subsection (a) of this Section, the
Department  may  file a notice of jeopardy assessment lien in
the office of  the  recorder  of  the  county  in  which  any
property  of the taxpayer may be located and shall notify the
taxpayer of such filing.
    (c)  Protest.  If the taxpayer believes that he does  not
owe  some  or  all  of  the  amount  for  which  the jeopardy
assessment lien against him has been filed,  he  may  protest
within  20 days after being notified by the Department of the
filing  of  such  jeopardy  assessment  lien  and  request  a
hearing, whereupon the Department shall  hold  a  hearing  in
conformity with the provisions of Section 908 of the Illinois
Income  Tax  Act  and,  pursuant  thereto,  shall  notify the
taxpayer of its decision as to whether or not  such  jeopardy
assessment lien will be released.
    After  the  expiration  of  the  period  within which the
person assessed may file an action for judicial review  under
the  Administrative  Review  Law  without  such  action being
filed, a certified copy of the final  assessment  or  revised
final  assessment  of  the  Department  may be filed with the
Circuit Court of the county in which the dealer  resides,  or
of Cook County in the case of a dealer who does not reside in
this  State, or in the county where the violation of this Act
took place. The certified copy of  the  final  assessment  or
revised   final   assessment   shall   be  accompanied  by  a
certification which recites facts that are sufficient to show
that  the  Department  complied   with   the   jurisdictional
requirements  of  the Act in arriving at its final assessment
or its revised final assessment and that the dealer had  this
opportunity  for  an  administrative hearing and for judicial
review, whether he availed himself or herself  of  either  or
both  of  these  opportunities  or  not.   If  the  court  is
satisfied    that    the   Department   complied   with   the
jurisdictional requirements of the Act  in  arriving  at  its
final assessment or its revised final assessment and that the
taxpayer  had  his  opportunity for an administrative hearing
and for judicial review, whether he availed himself of either
or both of these opportunities or not, the court shall render
judgment in favor of the Department and against the  taxpayer
for the amount shown to be due by the final assessment or the
revised final assessment, plus any interest which may be due,
and  such judgment shall be entered in the judgment docket of
the court.   Such  judgment  shall  bear  the  same  rate  of
interest  and  shall have the same effect as other judgments.
The judgment may be enforced,  and  all  laws  applicable  to
sales  for  the enforcement of a judgment shall be applicable
to sales made under such  judgments.   The  Department  shall
file   the  certified  copy  of  its  assessment,  as  herein
provided, with the Circuit Court within 2  years  after  such
assessment becomes final except when the taxpayer consents in
writing  to  an  extension  of such filing period, and except
that the time limitation period on the Department's right  to
file  the  certified  copy of its assessment with the Circuit
Court shall not run during any period of time  in  which  the
order of any court has the effect of enjoining or restraining
the  Department  from  filing  such  certified  copy  of  its
assessment with the Circuit Court.
    If,  when  the  cause of action for a proceeding in court
accrues against a person, he or she is out of the State,  the
action  may  be  commenced  within  the times herein limited,
after his or her coming into or returning to the  State;  and
if, after the cause of action accrues, he or she departs from
and  remains out of the State, the time of his or her absence
from the State, the time of his or her absence is no part  of
the  time limited for the commencement of the action; but the
foregoing provisions concerning absence from the State  shall
not  apply  to  any  case  in which, at the time the cause of
action accrues, the party against whom the  cause  of  action
accrues  is  not  a  resident of this State.  The time within
which a court action is  action's  to  be  commenced  by  the
Department hereunder shall not run from the date the taxpayer
files  a  petition in bankruptcy under the Federal Bankruptcy
Act until 30 days after notice of termination  or  expiration
of the automatic stay imposed by the Federal Bankruptcy Act.
    No  claim  shall  be  filed  against  the  estate  of any
deceased person or any person under legal disability for  any
tax  or penalty or part of either, or interest, except in the
manner prescribed and within the time limited by the  Probate
Act of 1975, as amended.
    The collection of tax or penalty or interest by any means
provided  for  herein  shall  not be a bar to any prosecution
under this Act.
    In addition to any penalty provided for in this Act,  any
amount  of tax which is not paid when due shall bear interest
at the rate determined in accordance with the Uniform Penalty
and Interest Act, per month or fraction thereof from the date
when such tax becomes past due until such tax is  paid  or  a
judgment therefor is obtained by the Department.  If the time
for  making  or completing an audit of a taxpayer's books and
records is extended  with  the  taxpayer's  consent,  at  the
request  of and for the convenience of the Department, beyond
the date  on  which  the  statute  of  limitations  upon  the
issuance  of  a  notice  of  tax  liability by the Department
otherwise run, no interest shall accrue during the period  of
such  extension.   Interest  shall  be  collected in the same
manner and as part of the tax.
    If the Department determines that an  amount  of  tax  or
penalty  or interest was incorrectly assessed, whether as the
result of  a  mistake  of  fact  or  an  error  of  law,  the
Department  shall  waive  the  amount  of  tax  or penalty or
interest that accrued due to the incorrect assessment.
(Source:  P.A.  87-205;  88-669,   eff.   11-29-94;   revised
12-18-97.)
    Section  46.  The Public Utilities Revenue Act is amended
by changing Section 5 as follows:

    (35 ILCS 620/5) (from Ch. 120, par. 472)
    Sec. 5. All of the provisions of Sections 4, (except that
the time limitation provisions shall run from the  date  when
the  tax is due rather than from the date when gross receipts
are received), 5 (except that the time limitation  provisions
on  the  issuance  of notices of tax liability shall run from
the date when the tax is due rather than from the  date  when
gross receipts are received and except that, in the case of a
failure  to  file a return required by this Act, no notice of
tax liability shall be issued  covering  tax  due  with  that
return  more than 6 years after the original due date of that
return, and except that  the  30%  penalty  provided  for  in
Section  5  shall  not apply), 5, 5a, 5b, 5c, 5d, 5e, 5f, 5g,
5i, 5j, 6b, and 6c of  the  Retailers'  Occupation  Tax  Act,
which  are  not  inconsistent  with this Act, and the Uniform
Penalty and Interest Act shall apply, as far as  practicable,
to  the  subject  matter of this Act to the same extent as if
such provisions were  included  herein.  References  in  such
incorporated Sections of the Retailers' Occupation Tax Act to
retailers,  to  sellers or to persons engaged in the business
of selling tangible personal property mean persons engaged in
the business of distributing electricity when  used  in  this
Act.   References   in  such  incorporated  Sections  of  the
Retailers' Occupation Tax Act to sales of  tangible  personal
property  mean  the  distributing of electricity when used in
this Act.
(Source: P.A.  90-491,  eff.  1-1-98;  90-561,  eff.  1-1-98;
revised 1-6-98.)

    Section    47.     The    Telecommunications    Municipal
Infrastructure  Maintenance  Fee  Act  is amended by changing
Section 25 as follows:

    (35 ILCS 635/25)
    Sec. 25. Collection, enforcement, and  administration  of
telecommunications infrastructure maintenance fees.
    (a)  A  telecommunications  retailer  shall  charge  each
customer  an  additional  charge  equal  to the sum of (1) an
amount equal to  the  State  infrastructure  maintenance  fee
attributable  to  that  customer's service address and (2) an
amount equal to the optional infrastructure maintenance  fee,
if  any,  attributable to that customer's service address and
(3)  an  amount  equal  to   the   municipal   infrastructure
maintenance  fee,  if  any,  attributable  to that customer's
service address.   Such  additional  charge  shall  be  shown
separately on the bill to each customer.
    (b)  The  State  infrastructure  maintenance  fee and the
optional infrastructure maintenance fee shall  be  designated
as  a  replacement for the personal property tax and shall be
remitted by the telecommunications retailer to  the  Illinois
Department   of   Revenue;   provided,   however,   that  the
telecommunications retailer  may  retain  an  amount  not  to
exceed 2% of the State infrastructure maintenance fee and the
optional  infrastructure maintenance fee, if any, paid to the
Department, with a timely paid and  timely  filed  return  to
reimburse   itself   for  expenses  incurred  in  collecting,
accounting for, and remitting the fee.   All  amounts  herein
remitted  to  the  Department  shall  be  transferred  to the
Personal Property Tax Replacement Fund in the State Treasury.
    (c)  The municipal infrastructure maintenance  fee  shall
be   remitted  by  the  telecommunications  retailer  to  the
municipality   imposing    the    municipal    infrastructure
maintenance     fee;     provided,    however,    that    the
telecommunications retailer  may  retain  an  amount  not  to
exceed  2%  of  the  municipal infrastructure maintenance fee
collected by it to reimburse itself for expenses incurred  in
accounting  for  and  remitting  the  fee.   The municipality
imposing the municipal infrastructure maintenance  fee  shall
collect, enforce, and administer the fee.
    (d)  Except as provided in subsection (e) (f), during any
period  of time when a municipality receives any compensation
other than the municipal infrastructure maintenance  fee  set
forth  in Section 20, for a telecommunications retailer's use
of  the  public  right-of-way,  no  municipal  infrastructure
maintenance fee may be imposed by such municipality  pursuant
to this Act.
    (e)  A   municipality   that,  pursuant  to  a  franchise
agreement in existence on the effective  date  of  this  Act,
receives  compensation from a telecommunications retailer for
the use of the public right of way, may  impose  a  municipal
infrastructure  maintenance  fee pursuant to this Act only on
the condition that such municipality (1) waives its right  to
receive  all  fees,  charges and other compensation under all
existing   franchise   agreements   or    the    like    with
telecommunications   retailers   during  the  time  that  the
municipality imposes a municipal  infrastructure  maintenance
fee  and  (2)  imposes by ordinance (or other proper means) a
municipal  infrastructure  maintenance  fee   which   becomes
effective  no sooner than 90 days after such municipality has
provided  written  notice   by   certified   mail   to   each
telecommunications retailer with whom the municipality has an
existing  franchise  agreement,  that the municipality waives
all compensation under such existing franchise agreement.
(Source: P.A. 90-154, eff.  1-1-98;  90-562,  eff.  12-16-97;
revised 12-30-97.)

    Section  48.   The  Illinois  Pension  Code is amended by
changing Sections  1-113,  2-108.1,  2-120,  5-168.1,  7-171,
8-154, 8-173, 8-230.1, 9-108, 9-167, 9-170.1, 9-177, 9-179.2,
9-182, 11-167, 11-221.1, 12-124, 14-103.13, 14-104, 14-104.5,
14-108,  15-106,  15-134,  15-136,  15-157,  15-185,  16-140,
17-116.6,  17-127, 17-129, and 17-156.1 and setting forth and
renumbering  multiple  versions  of  Section   14-104.10   as
follows:

    (40 ILCS 5/1-113) (from Ch. 108 1/2, par. 1-113)
    Sec.  1-113.  Investment  authority  of  certain  pension
funds,  not including those established under Article 3 or 4.
The  investment  authority  of  a  board  of  trustees  of  a
retirement system or pension fund established under this Code
shall, if  so  provided  in  the  Article  establishing  such
retirement  system  or  pension  fund,  embrace the following
investments:
    (1)  Bonds, notes and other  direct  obligations  of  the
United  States Government; bonds, notes and other obligations
of any United States Government  agency  or  instrumentality,
whether  or not guaranteed; and obligations the principal and
interest of  which  are  guaranteed  unconditionally  by  the
United  States  Government or by an agency or instrumentality
thereof.
    (2)  Obligations of the Inter-American Development  Bank,
the  International  Bank  for Reconstruction and Development,
the  African  Development  Bank,  the  International  Finance
Corporation, and the Asian Development Bank.
    (3)  Obligations  of  any  state,  or  of  any  political
subdivision in Illinois, or of any  county  or  city  in  any
other  state having a population as shown by the last federal
census of not less than 30,000 inhabitants provided that such
political subdivision is  not  permitted  by  law  to  become
indebted  in  excess  of  10%  of  the  assessed valuation of
property therein and has not defaulted for  a  period  longer
than  30 days in the payment of interest and principal on any
of its general obligations or indebtedness during a period of
10 calendar years immediately preceding such investment.
    (4)  Nonconvertible bonds, debentures,  notes  and  other
corporate  obligations of any corporation created or existing
under the laws of the United States or any state, district or
territory thereof, provided there has been no default on  the
obligations  of  the corporation or its predecessor(s) during
the 5 calendar years immediately preceding the  purchase.  Up
to  5%  of  the  assets  of  a pension fund established under
Article 9 of this Code  may  be  invested  in  nonconvertible
bonds,  debentures, notes, and other corporate obligations of
corporations created or existing under the laws of a  foreign
country,   provided   there   has  been  no  default  on  the
obligations of the corporation or its predecessors during the
5 calendar years immediately preceding the date of purchase.
    (5)  Obligations guaranteed by the Government of  Canada,
or  by any Province of Canada, or by any Canadian city with a
population of not less than 150,000 inhabitants, provided (a)
they are payable in United States  currency  and  are  exempt
from  any Canadian withholding tax; (b) the investment in any
one issue of  bonds  shall  not  exceed  10%  of  the  amount
outstanding;  and  (c) the total investments at book value in
Canadian securities shall be  limited  to  5%  of  the  total
investment account of the board at book value.
    (5.1)  Direct  obligations of the State of Israel for the
payment of money, or obligations for  the  payment  of  money
which  are  guaranteed  as  to  the  payment of principal and
interest by the State of Israel, or common or preferred stock
or notes issued by a bank owned or controlled in whole or  in
part by the State of Israel, on the following conditions:
         (a)  The total investments in such obligations shall
    not  exceed  5%  of  the  book  value  of  the  aggregate
    investments owned by the board;
         (b)  The  State of Israel shall not be in default in
    the payment of principal or interest on any of its direct
    general obligations on the date of such investment;
         (c)  The bonds, stock or notes, and interest thereon
    shall be payable in currency of the United States;
         (d)  The bonds shall (1) contain an option  for  the
    redemption thereof after 90 days from date of purchase or
    (2)  either  become  due  5  years from the date of their
    purchase or be subject to redemption 120 days  after  the
    date of notice for redemption;
         (e)  The  investment  in  these obligations has been
    approved in writing by investment counsel employed by the
    board, which counsel shall be a national or state bank or
    trust company authorized to do a trust  business  in  the
    State  of  Illinois,  or  an investment advisor qualified
    under the Federal Investment Advisors  Act  of  1940  and
    registered under the Illinois Securities Act of 1953;
         (f)  The  fund or system making the investment shall
    have at least $5,000,000 of net present assets.
    (6)  Notes secured by mortgages under Sections 203,  207,
220  and 221 of the National Housing Act which are insured by
the Federal Housing Commissioner, or his  successor  assigns,
or   debentures   issued  by  such  Commissioner,  which  are
guaranteed as  to  principal  and  interest  by  the  Federal
Housing  Administration,  or  agency  of  the  United  States
Government,  provided  the  aggregate  investment  shall  not
exceed  20%  of  the total investment account of the board at
book value, and provided further that the investment in  such
notes  under  Sections  220  and 221 shall in no event exceed
one-half of  the  maximum  investment  in  notes  under  this
paragraph.
    (7)  Loans to veterans guaranteed in whole or part by the
United  States Government pursuant to Title III of the Act of
Congress known  as  the  "Servicemen's  Readjustment  Act  of
1944,"   58   Stat.   284,  38  U.S.C.  693,  as  amended  or
supplemented from time  to  time,  provided  such  guaranteed
loans are liens upon real estate.
    (8)  Common  and  preferred  stocks  and convertible debt
securities authorized for investment of trust funds under the
laws of the State of Illinois, provided:
         (a)  the  common  stocks,  except  as  provided   in
    subparagraph  (g),  are  listed  on a national securities
    exchange or board of trade, as  defined  in  the  federal
    Securities  Exchange  Act  of  1934,  or  quoted  in  the
    National  Association  of  Securities  Dealers  Automated
    Quotation System (NASDAQ);
         (b)  the  securities are of a corporation created or
    existing under the laws  of  the  United  States  or  any
    state,  district  or territory thereof, except that up to
    5% of the assets of  a  pension  fund  established  under
    Article  9  of  this  Code  may be invested in securities
    issued by corporations created or existing under the laws
    of a foreign country, if those securities  are  otherwise
    in conformance with this paragraph (8);
         (c)  the corporation is not in arrears on payment of
    dividends on its preferred stock;
         (d)  the   total   book  value  of  all  stocks  and
    convertible debt owned by any pension fund or  retirement
    system  shall  not exceed 40% of the aggregate book value
    of all investments of such  pension  fund  or  retirement
    system,  except  for  a pension fund or retirement system
    governed by Article 9, 13, or 17, where the total of  all
    stocks  and  convertible debt shall not exceed 50% of the
    aggregate book value of all fund investments;
         (e)  the book value of stock  and  convertible  debt
    investments in any one corporation shall not exceed 5% of
    the  total investment account at book value in which such
    securities are held, determined as of  the  date  of  the
    investment,  and  the investments in the stock of any one
    corporation shall not exceed 5% of the total  outstanding
    stock  of  such  corporation,  and the investments in the
    convertible debt of any one corporation shall not  exceed
    5%  of  the  total  amount  of  such  debt  that  may  be
    outstanding;
         (f)  the  straight  preferred  stocks or convertible
    preferred stocks  and  convertible  debt  securities  are
    issued  or guaranteed by a corporation whose common stock
    qualifies for investment by the board; and
         (g)  that any common stocks not listed or quoted  as
    provided  in  subdivision  8(a)  above  be limited to the
    following types of institutions: (a) any bank which is  a
    member  of  the  Federal  Deposit  Insurance  Corporation
    having   capital  funds  represented  by  capital  stock,
    surplus and undivided profits of  at  least  $20,000,000;
    (b)  any  life  insurance  company  having  capital funds
    represented by capital stock, special surplus  funds  and
    unassigned  surplus  totalling  at least $50,000,000; and
    (c)  any  fire  or  casualty  insurance  company,  or   a
    combination  thereof, having capital funds represented by
    capital stock, net surplus and voluntary reserves  of  at
    least $50,000,000.
    (9)  Withdrawable accounts of State chartered and federal
chartered  savings  and  loan  associations  insured  by  the
Federal  Savings  and Loan Insurance Corporation; deposits or
certificates of deposit in State and national  banks  insured
by  the  Federal  Deposit  Insurance  Corporation;  and share
accounts or share certificate accounts in a State or  federal
credit  union,  the accounts of which are insured as required
by The Illinois Credit Union Act or the Federal Credit  Union
Act, as applicable.
    No  bank  or  savings  and loan association shall receive
investment funds as permitted by this subsection (9),  unless
it has complied with the requirements established pursuant to
Section 6 of the Public Funds Investment Act.
    (10)  Trading,  purchase  or  sale  of  listed options on
underlying securities owned by the board.
    (11)  Contracts  and  agreements   supplemental   thereto
providing  for  investments  in the general account of a life
insurance company authorized to do business in Illinois.
    (12)  Conventional mortgage pass-through securities which
are  evidenced  by  interests  in   Illinois   owner-occupied
residential  mortgages,  having  not  less than an "A" rating
from at least one national securities  rating  service.  Such
mortgages  may  have loan-to-value ratios up to 95%, provided
that any amount over  80%  is  insured  by  private  mortgage
insurance.  The  pool  of  such mortgages shall be insured by
mortgage guaranty or equivalent insurance, in accordance with
industry standards.
    (13)  Pooled or commingled funds managed by a national or
State bank which is authorized to do a trust business in  the
State  of Illinois, shares of registered investment companies
as defined in the federal  Investment  Company  Act  of  1940
which are registered under that Act, and separate accounts of
a  life  insurance  company  authorized  to  do  business  in
Illinois,  where  such pooled or commingled funds, shares, or
separate  accounts  are  comprised  of  common  or  preferred
stocks, bonds, or money market instruments.
    (14)  Pooled or commingled funds managed by a national or
state bank which is authorized to do a trust business in  the
State  of  Illinois,  separate  accounts  managed  by  a life
insurance company authorized to do business in Illinois,  and
commingled  group  trusts  managed  by  an investment adviser
registered under the federal Investment Advisors Act of  1940
(15  U.S.C.  80b-1 et seq.) and under the Illinois Securities
Law of 1953, where such pooled or commingled funds,  separate
accounts  or  commingled  group  trusts are comprised of real
estate or loans upon real estate secured by first  or  second
mortgages.  The total investment in such pooled or commingled
funds,  commingled  group  trusts and separate accounts shall
not exceed 10% of the aggregate book value of all investments
owned by the fund.
    (15)  Investment companies which (a)  are  registered  as
such  under  the  Investment  Company  Act  of  1940, (b) are
diversified, open-end management investment companies and (c)
invest only in money market instruments.
    (16)  Up to 10% of the assets of the fund may be invested
in investments not included in paragraphs (1) through (15) of
this Section, provided that such investments comply with  the
requirements  and  restrictions  set forth in Sections 1-109,
1-109.1, 1-109.2, 1-110 and 1-111 of this Code.
    The board shall have the authority  to  enter  into  such
agreements  and to execute such documents as it determines to
be necessary to complete any investment transaction.
    Any limitations herein set forth shall be applicable only
at the time of purchase and shall not require the liquidation
of any investment at any time.
    All investments shall be clearly held and  accounted  for
to  indicate  ownership  by such board. Such board may direct
the registration of securities in its own name or in the name
of a nominee created for the express purpose of  registration
of  securities  by  a national or state bank or trust company
authorized to conduct  a  trust  business  in  the  State  of
Illinois.
    Investments  shall  be  carried  at  cost  or  at a value
determined in accordance with generally  accepted  accounting
principles and accounting procedures approved by such board.
(Source:  P.A.  90-12,  eff.  6-13-97;  90-507, eff. 8-22-97;
90-511, eff. 8-22-97; revised 11-17-97.)

    (40 ILCS 5/2-108.1) (from Ch. 108 1/2, par. 2-108.1)
    Sec. 2-108.1. Highest salary for annuity purposes.
    (a)  "Highest  salary   for   annuity   purposes"   means
whichever of the following is applicable to the participant:
         (1)  For  a  participant  who  is  a  member  of the
    General Assembly on his or her last day of  service:  the
    highest   salary  that  is  prescribed  by  law,  on  the
    participant's last day of service, for a  member  of  the
    General  Assembly  who  is  not  an officer; plus, if the
    participant was elected  or  appointed  to  serve  as  an
    officer  of  the General Assembly for 2 or more years and
    has made contributions as required under  subsection  (d)
    of  Section  2-126,  the  highest  additional  amount  of
    compensation  prescribed  by  law,  at  the  time  of the
    participant's service as an officer, for members  of  the
    General Assembly who serve in that office.
         (2)  For  a  participant  who holds one of the State
    executive offices specified in Section 2-105  on  his  or
    her last day of service: the highest salary prescribed by
    law  for service in that office on the participant's last
    day of service.
         (3)  For a participant who  is  Clerk  or  Assistant
    Clerk of the House Senate of Representatives or Secretary
    or  Assistant  Secretary of the Senate on his or her last
    day of service: the salary received for service  in  that
    capacity  on  the  last day of service, but not to exceed
    the highest salary (including additional compensation for
    service as an officer) that is prescribed by law  on  the
    participant's  last  day  of service for the highest paid
    officer of the General Assembly.
         (4)  For  a  participant   who   is   a   continuing
    participant  under Section 2-117.1 on his or her last day
    of service: the  salary  received  for  service  in  that
    capacity  on  the  last day of service, but not to exceed
    the highest salary (including additional compensation for
    service as an officer) that is prescribed by law  on  the
    participant's  last  day  of service for the highest paid
    officer of the General Assembly.
    (b)  The earnings limitations of subsection (a) apply  to
earnings  under  any  other  participating  system  under the
Retirement Systems Reciprocal  Act  that  are  considered  in
calculating a proportional annuity under this Article, except
in  the  case  of  a person who first became a member of this
System  before  August  22,  the  effective  date   of   this
amendatory Act of 1994.
    (c)  In   calculating   the   subsection   (a)   earnings
limitation   to  be  applied  to  earnings  under  any  other
participating system under the Retirement Systems  Reciprocal
Act  for  the  purpose  of calculating a proportional annuity
under this Article, the participant's  last  day  of  service
shall  be  deemed  to  mean  the  last  day of service in any
participating system from which the person has applied for  a
proportional  annuity under the Retirement Systems Reciprocal
Act.
(Source: P.A. 88-593, eff. 8-22-94; revised 6-27-97.)

    (40 ILCS 5/2-120) (from Ch. 108 1/2, par. 2-120)
    Sec.  2-120.    Reversionary   annuity.   (a)  Prior   to
retirement,  a  participant  may  elect  to  take  a  reduced
retirement  annuity  and provide, with the actuarial value of
the amount  of  the  reduction  in  annuity,  a  reversionary
annuity  for  a spouse, parent, child, brother or sister. The
option  shall  be  exercised  by  the  filing  of  a  written
designation with the board prior to retirement,  and  may  be
revoked by the participant at any time before retirement. The
death  of  the  participant  or  the  designated reversionary
annuitant  prior  to  the  participant's   retirement   shall
automatically void this option. If the reversionary annuitant
dies  after the participant's retirement, the reduced annuity
being paid to the retired participant shall remain  unchanged
and no reversionary annuity shall be payable.
    (b)  A  reversionary  annuity shall not be payable if the
participant dies before the expiration of 2  years  from  the
date  the  written  designation was filed with the board even
though he or she had retired  and  was  receiving  a  reduced
retirement annuity under this option.
    (c)  A  reversionary annuity shall begin on the first day
of the  month  following  the  death  of  the  annuitant  and
continue until the death of the reversionary annuitant.
    (d)  For  a  member  electing  to  take a reduced annuity
under this  Section,  the  automatic  increases  provided  in
Section 2-119.1 2-119.2 shall be applied to the amount of the
reduced retirement annuity.
(Source: P.A. 83-1440; revised 12-18-97.)

    (40 ILCS 5/5-168.1) (from Ch. 108 1/2, par. 5-168.1)
    Sec.  5-168.1.   The  employer  may  pick up the employee
contributions required by  Sections  5-167.1,  5-169,  5-170,
5-171  and  5-175.1  5.175.1 for salary earned after December
31, 1981.  If employee contributions are not picked  up,  the
amount  that  would have been picked up under this amendatory
Act of 1980 shall continue to be deducted  from  salary.   If
employee contributions are picked up they shall be treated as
employer contributions in determining tax treatment under the
United  States  Internal  Revenue Code; however, the employer
shall continue to withhold Federal  and  state  income  taxes
based  upon  these  contributions  until the Internal Revenue
Service or the Federal courts rule that pursuant  to  Section
414(h)  of  the  United  States  Internal Revenue Code, these
contributions shall not be included as gross  income  of  the
employee  until  such  time  as  they are distributed or made
available.    The   employer   shall   pay   these   employee
contributions from the same source of funds which is used  in
paying salary to the employee. The employer may pick up these
contributions  by  a  reduction  in  the  cash  salary of the
employee or by an offset against a future salary increase  or
by  a combination of a reduction in salary and offset against
a future salary  increase.   If  employee  contributions  are
picked  up  they  shall  be  treated for all purposes of this
Article 5, including Section 5-168, in the same manner and to
the same extent as employee contributions made prior  to  the
date picked up.
(Source: P.A. 81-1536; revised 12-18-97.)

    (40 ILCS 5/7-171) (from Ch. 108 1/2, par. 7-171)
    Sec. 7-171. Finance; taxes.
    (a)  Each municipality other than a school district shall
appropriate  an  amount sufficient to provide for the current
municipality contributions required by Section 7-172 of  this
Article,  for  the fiscal year for which the appropriation is
made and all amounts  due  for  municipal  contributions  for
previous years. Those municipalities which have been assessed
an  annual  amount  to  amortize  its unfunded obligation, as
provided in subparagraph 5 of paragraph (a) of Section  7-172
of this Article, shall include in the appropriation an amount
sufficient  to  pay  the  amount assessed.  The appropriation
shall be based upon  an  estimate  of  assets  available  for
municipality  contributions  and liabilities therefor for the
fiscal  year  for  which  appropriations  are  to  be   made,
including  funds  available  from  levies for this purpose in
prior years.
    (b)  For the purpose of providing monies for municipality
contributions, beginning for the year in which a municipality
is included in this fund:
         (1)  A municipality other than a school district may
    levy a tax which shall not exceed the amount appropriated
    for municipality contributions.
         (2)  A school district may levy a tax in  an  amount
    reasonably  calculated at the time of the levy to provide
    for the municipality contributions required under Section
    7-172 of this Article for  the  fiscal  years  for  which
    revenues  from  the levy will be received and all amounts
    due for municipal contributions for previous years.   Any
    levy adopted before the effective date of this amendatory
    Act  of  1995  by  a  school district shall be considered
    valid and authorized to the extent that  the  amount  was
    reasonably  calculated at the time of the levy to provide
    for the municipality contributions required under Section
    7-172 for the fiscal years for which  revenues  from  the
    levy  will  be received and all amounts due for municipal
    contributions for previous years.  In no  event  shall  a
    budget  adopted by a school district limit a levy of that
    school district adopted under this Section.
    (c)  Any county which is served by a regional  office  of
education  that  serves 2 or more counties may include in its
appropriation   an   amount   sufficient   to   provide   its
proportionate share of  the  municipality  contributions  for
that  regional  office of education.  The tax levy authorized
by this Section may include an amount  necessary  to  provide
monies for this contribution.
    (d)  Any  county  that  is  a  part  of a multiple-county
health department or consolidated health department which  is
formed  under  "An  Act  in relation to the establishment and
maintenance  of  county  and  multiple-county  public  health
departments", approved July 9, 1943, as amended, and which is
a participating instrumentality may include in  the  county's
appropriation   an   amount   sufficient   to   provide   its
proportionate  share  of  municipality  contributions  of the
department.  The tax levy  authorized  by  this  Section  may
include  the  amount  necessary  to  provide  monies for this
contribution.
    (d-5)  A  school  district  participating  in  a  special
education joint agreement created under Section  10-22.31  of
the  School  Code that is a participating instrumentality may
include in the school district's tax levy under this  Section
an  amount  sufficient  to provide its proportionate share of
the municipality contributions for current and prior  service
by  employees  of  the  participating instrumentality created
under the joint agreement.
    (e)  Such tax shall  be  levied  and  collected  in  like
manner,  with the general taxes of the municipality and shall
be in addition to all other taxes which the  municipality  is
now  or  may hereafter be authorized to levy upon all taxable
property therein, and shall be exclusive of and  in  addition
to  the  amount  of  tax  levied  for  general purposes under
Section 8-3-1 of the "Illinois Municipal Code", approved  May
29,  1961,  as  amended, or under any other law or laws which
may limit the amount of tax which the municipality  may  levy
for general purposes.  The tax may be levied by the governing
body  of  the  municipality without being authorized as being
additional to all other taxes by a vote of the people of  the
municipality.
    (f)  The  county  clerk  of  the county in which any such
municipality is located, in reducing  tax  levies  shall  not
consider  any  such tax as a part of the general tax levy for
municipality purposes, and shall not include the same in  the
limitation of any other tax rate which may be extended.
    (g)  The  amount  of  the  tax  to  be levied in any year
shall, within the limits herein prescribed, be determined  by
the governing body of the respective municipality.
    (h)  The  revenue derived from any such tax levy shall be
used only for the purposes specified in this Article and,  as
collected, shall be paid to the treasurer of the municipality
levying  the  tax.  Monies received by a county treasurer for
use in making contributions to a regional office of education
for its municipality contributions shall be held by  him  for
that  purpose and paid to the regional office of education in
the same manner as other monies appropriated for the  expense
of the regional office.
(Source:  P.A.  89-329,  eff.  8-17-95; 90-448, eff. 8-16-97;
90-511, eff. 8-22-97; revised 11-17-97.)

    (40 ILCS 5/8-154) (from Ch. 108 1/2, par. 8-154)
    Sec. 8-154.  Maximum annuities.
    (1)  The annuities to  an  employee  and  his  widow  are
subject to the following limitations:
         (a)  No  age and service annuity, or age and service
    and prior service annuity combined, in excess of  60%  of
    the highest salary of an employee, and no minimum annuity
    in  excess of the amount provided in Section 8-138 or set
    forth as a maximum in any  other  Section  of  this  Code
    relating  to  minimum  annuities  for municipal employees
    included under Article 8 of this Code shall be payable to
    any employee - excepting to the extent that  the  annuity
    may  exceed  such  per cent or amount under Section 8-137
    and  8-137.1  providing  for  automatic  increases  after
    retirement.
         (b)  No annuity in excess of  60%  of  such  highest
    salary  shall  be  payable  to  a  widow  if  death of an
    employee results  solely  from  injury  incurred  in  the
    performance  of an act of duty; provided, the annuity for
    a widow, or a widow's annuity plus compensation  annuity,
    shall  not  exceed $500 per month if the employee's death
    occurs before January 23, 1987,  except  as  provided  in
    paragraph (d).  The widow's annuity, or a widow's annuity
    plus  compensation  annuity,  shall  not  be limited to a
    maximum dollar amount if the employee's death  occurs  on
    or  after  January  23,  1987,  regardless of the date of
    injury.
         (c)  No annuity in excess of  50%  of  such  highest
    salary  shall  be payable to a widow in the case of death
    resulting in whole or in part from any cause  other  than
    injury  incurred  in  the  performance of an act of duty;
    provided, the annuity for a widow, or a  widow's  annuity
    plus  supplemental  annuity,  shall  not  exceed $500 per
    month if the employee's death occurs before  January  23,
    1987,  except  as provided in paragraph (d).  The widow's
    annuity, or widow's annuity  plus  supplemental  annuity,
    shall  not  be  limited to a maximum dollar amount if the
    employee's death occurs on or after January 23, 1987.
         (d)  For widows of employees who died before January
    23, 1987 after retirement on annuity or in  service,  the
    maximum  dollar  amount limitation on widow's annuity (or
    widow's  annuity  plus   compensation   or   supplemental
    annuity)  shall  cease to apply, beginning with the first
    annuity  payment  after  the  effective  date   of   this
    amendatory Act of 1997; except that if a refund of excess
    contributions  for  widow's  annuity has been paid by the
    Fund, the increase  resulting  from  this  paragraph  (d)
    shall  not begin before the refund has been repaid to the
    Fund, together with interest at the effective  rate  from
    the date of the refund to the date of repayment.
    (2)  If  when  an employee's annuity is fixed, the amount
accumulated to his credit therefor, as of  his  age  at  such
time  exceeds  the  amount  necessary  for  the  annuity, all
contributions for annuity purposes after the  date  on  which
the  accumulated  sums  to  the  credit  of such employee for
annuity purposes would first have provided such employee with
such amount of annuity as of his age at such  date  shall  be
refunded  when  he  enters upon annuity, with interest at the
effective rate.
    If the aforesaid annuity so fixed is not payable,  but  a
larger  amount  is  payable as a minimum annuity, such refund
shall be reduced by 5/12 of the value of  the  difference  in
the  annuity payable and the amount theretofore fixed, as the
value of such difference may be at the date and as of the age
of the employee when his annuity is granted; provided that if
the employee was credited with  city  contributions  for  any
period  for  which he made no contribution, or a contribution
of less than 3 1/4% of salary, a  further  reduction  in  the
refund  shall be made by the equivalent of what he would have
contributed during such period less his actual contributions,
had the rate  of  employee  contributions  in  force  on  the
effective  date been in effect throughout his entire service,
prior to such effective date, with interest computed on  such
amounts at the effective rate.
    (3)  If  at the time the annuity for a wife is fixed, the
employee's  credit  for  a  widow's  annuity   exceeds   that
necessary  to  provide  such  an annuity equal to the maximum
annuity provided in this section, all employee  contributions
for  such  annuity,  for  service after the date on which the
accumulated sums to the  credit  of  such  employee  for  the
purpose   of  providing  widow's  annuity  would  first  have
provided such widow with such  amount  of  annuity,  if  such
annuity  were  computed  on the basis of the Combined Annuity
Mortality Table with interest at 3% per annum  with  ages  at
date  of  determination  taken  as specified in this Article,
shall be refunded to  the  employee,  with  interest  at  the
effective  rate.  If  the  employee  was  credited  with city
contributions for widow's annuity for any  service  prior  to
the  effective  date,  any  amount  so  refundable,  shall be
reduced by the equivalent of what he would have  contributed,
had  his  contributions  for widow's annuity been made at the
rate of 1%  throughout  his  entire  service,  prior  to  the
effective   date,  with  interest  on  such  amounts  at  the
effective rate.
    (4)  If at the death of an employee prior to age 65,  the
credit  for widow's annuity exceeds that necessary to provide
the maximum annuity prescribed in this section, all  employee
contributions  for  annuity  purposes,  for service after the
date on which the accumulated sums  to  the  credit  of  such
employee  for  the  purpose of providing such maximum annuity
for the widow would first have provided such widow with  such
amount of annuity, if such annuity were computed on the basis
of  the  Combined Annuity Mortality Table with interest at 3%
per annum  with  ages  at  date  of  determination  taken  as
specified  in  this  Article, shall be refunded to the widow,
with interest at the effective rate.
    If the employee was credited with city contributions  for
any  period  of  service  during which he was not required to
make a contribution, or made a contribution of  less  than  3
1/4% of salary, the refund shall be reduced by the equivalent
of  the  contributions he would have made during such period,
less any amount he contributed,  had  the  rate  of  employee
contributions  in  effect on the effective date been in force
throughout his entire service, prior to the  effective  date,
with interest on such amounts at the effective rate; provided
that if the employee was credited with city contributions for
widow's  annuity for any service prior to the effective date,
any amount so refundable shall  be  further  reduced  by  the
equivalent  of  what  he  would  have contributed had he made
contributions  for  widow's  annuity  at  the  rate   of   1%
throughout  his entire service; prior to such effective date,
with interest on such amounts at the effective rate.
(Source: P.A. 90-511, eff. 8-22-97; revised 12-18-97.)

    (40 ILCS 5/8-173) (from Ch. 108 1/2, par. 8-173)
    Sec. 8-173. Financing; tax levy.
    (a)  Except  as  provided  in  subsection  (f)  of   this
Section,  the  city  council  of  the  city  shall levy a tax
annually upon all taxable property in the city at a rate that
will produce a sum which, when added to the amounts  deducted
from  the  salaries of the employees or otherwise contributed
by them will be  sufficient  for  the  requirements  of  this
Article,  but  which when extended will produce an amount not
to exceed the greater of the following: (a) The sum  obtained
by  the levy of a tax of .1093% of the value, as equalized or
assessed  by  the  Department  of  Revenue,  of  all  taxable
property within such city, or (b)  the  sum  of  $12,000,000.
However  any city in which a Fund has been established and in
operation under this Article for more than 3 years  prior  to
1970,  that city shall levy for the year 1970 a tax at a rate
on the dollar of assessed valuation of all  taxable  property
that will produce, when extended, an amount not to exceed 1.2
times  the total amount of contributions made by employees to
the Fund for annuity purposes in the calendar year 1968, and,
for the year 1971 and 1972 such levy that will produce,  when
extended,  an amount not to exceed 1.3 times the total amount
of contributions made by of employees to the Fund for annuity
purposes in the calendar years 1969 and  1970,  respectively;
and  for  the  year  1973 an amount not to exceed 1.365 times
such total amount of  contributions  made  by  employees  for
annuity  purposes in the calendar year 1971; and for the year
1974 an amount not to exceed 1.430 times such total amount of
contributions made by employees for annuity purposes  in  the
calendar  year  1972;  and for the year 1975 an amount not to
exceed 1.495 times such total amount of contributions made by
employees for annuity purposes in the calendar year 1973; and
for the year 1976 an amount not to exceed  1.560  times  such
total  amount  of contributions made by employees for annuity
purposes in the calendar year 1974; and for the year 1977  an
amount  not  to  exceed  1.625  times  such  total  amount of
contributions made by employees for annuity purposes  in  the
calendar  year  1975;  and  for  the  year 1978 and each year
thereafter such levy that will  produce,  when  extended,  an
amount  not  to  exceed  1.690  times  the  total  amount  of
contributions  made  by or on behalf of employees to the Fund
for annuity purposes in the calendar year 2  years  prior  to
the year for which the annual applicable tax is levied.
    The tax shall be levied and collected in like manner with
the  general taxes of the city, and shall be exclusive of and
in addition to the amount of tax  the  city  is  now  or  may
hereafter  be  authorized  to levy for general purposes under
any laws which may limit the amount of tax which the city may
levy for general purposes.  The county clerk of the county in
which the city is located, in reducing tax levies  under  the
provisions  of  any  Act concerning the levy and extension of
taxes, shall not consider the tax herein provided  for  as  a
part of the general tax levy for city purposes, and shall not
include  the same within any limitation of the percent of the
assessed valuation  upon  which  taxes  are  required  to  be
extended for such city.
    Revenues  derived from such tax shall be paid to the city
treasurer of the city as collected and held by  him  for  the
benefit of the fund.
    If  the  payments  on  account  of taxes are insufficient
during any year to meet the requirements of this Article, the
city may issue tax anticipation warrants against the  current
tax levy.
    (b)  On  or  before January 10, annually, the board shall
notify the city council of the requirements of  this  Article
that the tax herein provided shall be levied for that current
year.   The  board  shall compute the amounts necessary to be
credited to the reserves established and maintained as herein
provided, and shall  make  an  annual  determination  of  the
amount  of  the  required city contributions, and certify the
results thereof to the city council.
    (c)  In  respect  to  employees  of  the  city  who   are
transferred to the employment of a park district by virtue of
the  "Exchange  of  Functions  Act  of  1957",  the corporate
authorities of the park district shall annually  levy  a  tax
upon  all  the  taxable property in the park district at such
rate per cent of the value of such property, as equalized  or
assessed   by   the   Department  of  Revenue,  as  shall  be
sufficient, when added to the  amounts  deducted  from  their
salaries  and  otherwise  contributed  by them to provide the
benefits to which they and their dependents and beneficiaries
are entitled under this Article. The city shall  not  levy  a
tax hereunder in respect to such employees.
    The  tax  so  levied  by  the  park  district shall be in
addition to and exclusive of all other taxes authorized to be
levied by the park district for corporate, annuity  fund,  or
other  purposes.  The county clerk of the county in which the
park district is located, in reducing any  tax  levied  under
the  provisions  of any act concerning the levy and extension
of taxes shall not consider such tax as part of  the  general
tax levy for park purposes, and shall not include the same in
any limitation of the per cent of the assessed valuation upon
which  taxes  are  required  to  be  extended  for  the  park
district.   The  proceeds  of  the  tax  levied  by  the park
district, upon receipt by the district, shall be  immediately
paid  over to the city treasurer of the city for the uses and
purposes of the fund.
    The various sums, to be contributed by the city and  park
district  and  allocated for the purposes of this Article and
any interest to be contributed by the city, shall be  derived
from  the  revenue  from  said  tax or otherwise as expressly
provided in this Section.
    If it is not possible or practicable for the city to make
contributions for age and service annuity and widow's annuity
at the same time that employee  contributions  are  made  for
such  purposes, such city contributions shall be construed to
be due and payable as of the end of the fiscal year for which
the tax is levied and shall accrue thereafter  with  interest
at the effective rate until paid.
    (d)  With  respect to employees whose wages are funded as
participants under the Comprehensive Employment and  Training
Act  of  1973,  as  amended  (P.L. 93-203, 87 Stat. 839, P.L.
93-567, 88 Stat. 1845),  hereinafter  referred  to  as  CETA,
subsequent  to  October  1,  1978, and in instances where the
board has elected to establish a  manpower  program  reserve,
the  board shall compute the amounts necessary to be credited
to the manpower program reserves established  and  maintained
as  herein  provided, and shall make a periodic determination
of the amount of required contributions from the City to  the
reserve  to  be  reimbursed  by  the  federal  government  in
accordance  with  rules  and  regulations  established by the
Secretary of the United States Department  of  Labor  or  his
designee,  and  certify  the  results  thereof  to  the  City
Council.   Any such amounts shall become a credit to the City
and will be used to reduce the amount which  the  City  would
otherwise   contribute   during   succeeding  years  for  all
employees.
    (e)  In lieu of establishing a manpower  program  reserve
with   respect   to  employees  whose  wages  are  funded  as
participants under the Comprehensive Employment and  Training
Act  of  1973, as authorized by subsection (d), the board may
elect to establish a special municipality  contribution  rate
for  all such employees.  If this option is elected, the City
shall contribute to the  Fund  from  federal  funds  provided
under  the  Comprehensive Employment and Training Act program
at the special rate so  established  and  such  contributions
shall  become  a credit to the City and be used to reduce the
amount which  the  City  would  otherwise  contribute  during
succeeding years for all employees.
    (f)  In  lieu  of  levying  all  or  a portion of the tax
required under this Section in any year, the city may deposit
with the city treasurer no later than March 1  of  that  year
for  the  benefit  of the fund, to be held in accordance with
this Article, an amount that, together with the taxes  levied
under this Section for that year, is not less than the amount
of  the  city contributions for that year as certified by the
board to the city council.  The deposit may be  derived  from
any source legally available for that purpose, including, but
not  limited to, the proceeds of city borrowings.  The making
of a deposit shall satisfy fully  the  requirements  of  this
Section  for  that  year  to  the  extent  of  the amounts so
deposited.
(Source: P.A. 90-31, eff. 6-27-97; revised 12-18-97.)

    (40 ILCS 5/8-230.1) (from Ch. 108 1/2, par. 8-230.1)
    Sec.  8-230.1.  Right  of  employees  to  contribute  for
certain other service.  Any employee in  the  service,  after
having  made  contributions  covering  a period of 10 or more
years to the annuity and benefit fund  herein  provided  for,
may  elect  to  pay  for  and  receive credit for all annuity
purposes for service theretofore rendered by the employee him
to the Chicago Transit Authority created by the "Metropolitan
Transit Authority Act", approved April 12, 1945, as  amended,
or  its predecessor public utilities; provided, that the last
5 years of service prior to retirement on annuity shall  have
been  as  an  employee  of the City and a contributor to this
Fund.  Such service credit may be paid for and granted on the
same basis and conditions as are applicable in  the  case  of
employees  who  make  payment  for  past  service  under  the
provisions  of  Section the immediately preceding Sec. 8-230,
but  on  the  assumption  that  the  such  employee's  salary
throughout all of his or her service with the such  Authority
or  its  predecessor  public utilities was at the rate of the
employee's his salary at the date of his or her entrance into
the service as a municipal employee.  In no  event,  however,
shall  such  service be credited if the such employee has not
forfeited  and  relinquished  pension  credit   for   service
covering  such  period  under  any pension or retirement plan
applicable to the such Authority or  its  predecessor  public
utilities,   and   instituted  and  maintained  by  the  such
Authority or its predecessor public utilities for the benefit
of its employees.
(Source: P.A. 82-971; revised 8-8-97.)

    (40 ILCS 5/9-108) (from Ch. 108 1/2, par. 9-108)
    Sec. 9-108. "Employee", "contributor" or "participant".
    (a)  Any employee of the county employed in any  position
in  the  classified  civil  service  of the county, or in any
position under the County Police  Merit  Board  as  a  deputy
sheriff in the County Police Department.
    Any  such  employee  employed  after  January 1, 1968 and
before January 1, 1984 shall be entitled only to the benefits
provided in Sections 9-147 and 9-156, prior to the earlier of
completion of 12 consecutive calendar months of  service  and
January  1,  1984,  and no contributions shall be made by him
during this period.   Upon  the  completion  of  said  period
contributions  shall  begin  and  the  employee  shall become
entitled to the benefits of this Article.
    Any such employee may elect  to  make  contributions  for
such   period   and   receive  credit  therefor  under  rules
prescribed by the board.
    Any such employee in service on or after January 1, 1984,
regardless of when he became an employee, shall be  deemed  a
participant  and  contributor  to  the  fund  created by this
Article and the employee shall be entitled to the benefits of
this Article.
    (b)  Any employee of the county employed in any  position
not  included  in  the classified civil service of the county
whose salary or wage wages is paid in whole or in part by the
county.  Any such employee employed after July 1,  1957,  and
before  January  1,  1984,  shall  be  entitled  only  to the
benefits provided in Sections 9-147 and 9-156, prior  to  the
earlier  of  completion  of 12 consecutive calendar months of
service and January 1, 1984, and no  contributions  shall  be
made  by him during this period.  Upon the completion of said
period contributions  shall  begin  and  the  employee  shall
become entitled to the benefits of this Article.
    Any  such  employee  may  elect to make contributions for
such  period  and  receive  credit   therefor   under   rules
prescribed by the board.
    Any such employee in service on or after January 1, 1984,
regardless  of  when he became an employee, shall be deemed a
participant and contributor  to  the  fund  created  by  this
Article and the employee shall be entitled to the benefits of
this Article.
    (c)  Any  county  officer  elected by vote of the people,
including a member of the county  board,  when  such  officer
elects to become a contributor.; and
    (d)  Any person employed by the board.
    (e)  Employees  of  a  County Department of Public Aid in
counties of 3,000,000 or more population who are  transferred
to  State  employment by operation of law enacted by the 76th
General Assembly and who elect not to become members  of  the
Retirement  System  established under Article 14 of this Code
as of the date they become State employees shall retain their
membership in the fund established in this  Article  9  until
the  first  day of the calendar month next following the date
on which they become State  employees,  at  which  time  they
shall  become members of the System established under Article
14.
    (f)  If,  by  operation  of  law,   a   function   of   a
"Governmental   Unit",   as  such  term  is  defined  in  the
"Retirement Systems Reciprocal Act"  in  Article  20  of  the
Illinois  Pension Code, is transferred in whole or in part to
the county in which this Article is in force and effect,  and
employees  are transferred as a group or class to such county
service, such transferred  employee  shall,  if  on  the  day
immediately  prior  to  the  date  of  such transfer he was a
contributor and participant in the annuity and  benefit  fund
or retirement system in operation in such other "Governmental
Unit"  for  employees  of  such  Unit,  immediately upon such
transfer be deemed a participant and contributor to the  fund
created by this Article.
(Source: P.A. 83-869; revised 8-8-97.)

    (40 ILCS 5/9-167) (from Ch. 108 1/2, par. 9-167)
    Sec.  9-167.  Refund - In lieu of annuity.  In lieu of an
annuity, an employee  who  withdraws  after  age  60,  having
annuity rights based on a credit of not more than 10 years of
service, or an employee who withdraws and whose annuity would
amount  to  less  than  $150  a  month  for life, or a former
employee who is receiving an annuity from the  Fund  of  less
than  $150  per  month,  regardless of his date of withdrawal
from service, may elect to receive a refund of the total  sum
accumulated  to  his  credit  from employee contributions for
annuity purposes, minus any amounts previously paid to him by
the Fund.
    The widow of any employee, eligible for annuity upon  the
death of her husband, whose annuity would amount to less than
$150  a month for life, and any widow receiving an annuity of
less than $150 per month, may, in lieu of a widow's  annuity,
elect  to  receive  a refund of the accumulated contributions
for annuity purposes, based on the amounts contributed by her
deceased  employee  husband,  but  reduced  by  any   amounts
theretofore  paid  to either the widow or the employee in the
form  of  an  annuity  or  refund  out  of  such  accumulated
contributions.
    Accumulated  contributions   shall   mean   the   amounts
including   interest  credited  thereon  contributed  by  the
employee for age and service and widow's annuity to the  date
of his withdrawal or death, whichever first occurs, including
the  accumulations  from  any  amounts contributed for him as
salary deductions while receiving duty  disability  benefits,
and  if  not  otherwise  included any accumulations from sums
contributed by him and applied to any pension fund superseded
by this fund, and interest  credited  thereon  in  accordance
with the other provisions of this Article.
    The acceptance of such refund in lieu of widow's annuity,
on the part of a widow, shall not deprive a child or children
of  the right to receive a child's annuity as provided for in
Sections Sec. 9-154 and 9-155 of this  Article,  and  neither
shall  the  payment  of  child's  annuity in the case of such
refund to a widow reduce  the  amount  herein  set  forth  as
refundable to such widow electing a refund in lieu of widow's
annuity.
(Source: P.A. 83-1362; revised 8-8-97.)

    (40 ILCS 5/9-170.1) (from Ch. 108 1/2, par. 9-170.1)
    Sec.  9-170.1.   From  and  after  January  1,  1970  any
employee   who   is   credited  with  35  or  more  years  of
contributing service may  elect  to  discontinue  the  salary
deductions for all annuities as specified in Sections Section
9-133,  9-170, and 9-176.  Upon such election the annuity for
the employee and his wife or widow is fixed and determined as
of the date of such discontinuance.  No increase  in  annuity
for  the  employee  or  his  wife or widow accrues thereafter
while he is in service.  This election shall be in writing to
the Retirement Board at least 60 days  before  the  date  the
salary deductions cease.
(Source: P.A. 87-794; revised 8-8-97.)

    (40 ILCS 5/9-177) (from Ch. 108 1/2, par. 9-177)
    Sec. 9-177.  Additional contributions for widow's annuity
for   widows   of  present  employees,  future  entrants  and
re-entrants.  In addition to the contributions to be made  by
each employee and by the county for widow's annuity as herein
provided additional contributions shall be made as follows:
    (a)  Beginning  September  1, 1935, 1% of each payment of
salary, not in excess of  $3,000  a  year,  of  each  present
employee  described in subdivision (b) of Section Sec. 9-109,
and of  each  future  entrant  and  re-entrant  described  in
subdivision (d) or (e) of Section 9-110.
    (b)  Concurrently  with  each  deduction from salary, the
county shall contribute a sum equal to 1 3/4% of each payment
of salary, not in excess of $3,000 a year.
(Source: Laws 1963, p. 161; revised 8-8-97.)

    (40 ILCS 5/9-179.2) (from Ch. 108 1/2, par. 9-179.2)
    Sec. 9-179.2.  Other governmental  service-Former  County
Service.   Any  employee  who  has  rendered  service  to any
"governmental  unit"  as  such  term  is   defined   in   the
"Retirement  Systems  Reciprocal Act" under Article 20 of the
Illinois  Pension  Code,  who  did  not  contribute  to   the
retirement  system of such "governmental unit", including the
retirement system created by this Article 9 of  the  Illinois
Pension  code,  for such service because of ineligibility for
participation and has no equity or rights in such  retirement
system because of such service shall be given credit for such
service in this fund, provided:
    (a)  The  employee  shall  pay to this fund, while in the
service of  such  county,  or  while  in  the  service  of  a
governmental  unit  whose  retirement  system has adopted the
"Retirement Systems Reciprocal Act", such amounts,  including
interest at the effective rate, as he would have paid to this
fund, on the basis of his salary in effect during the service
rendered  to  such  other  "governmental  unit"  at the rates
prescribed in Section 9 of this Article 9 for the periods  of
such service to the end that such service shall be considered
as  service  rendered to such county, with all the rights and
conditions attaching to such service  and payments;  and  (b)
this  Section  shall  not be applicable to any period of such
service for which the employee retains credit  in  any  other
public  annuity  and  benefit  fund established by Act of the
Legislature of this State and in operation for  employees  of
such  other  "governmental unit" from which such employee was
transferred.
(Source: P.A. 77-1220; revised 12-18-97.)

    (40 ILCS 5/9-182) (from Ch. 108 1/2, par. 9-182)
    Sec. 9-182. Contributions by  county  for  prior  service
annuities and pensions under former acts.
    (a)  The  county,  State  or federal contributions herein
authorized in Section Article 9-169 shall  be  applied  first
for the purposes of this Article 9 other than those stated in
this Section.
    The  balance  of the sum produced from such contributions
shall be applied for the following purposes:
         1.  "An  Act  to  provide  for  the  formation   and
    disbursement  of  a  pension  fund  in  counties having a
    population  of  150,000  or  more  inhabitants,  for  the
    benefit of officers and employees in the service of  such
    counties", approved June 29, 1915, as amended;
         2.  Section 9-225 of this Article;
         3.  To  meet  such  part  of  any minimum annuity as
    shall be in excess of the age  and  service  annuity  and
    prior  service  annuity,  and  to  meet  such part of any
    minimum widow's  annuity  in  excess  of  the  amount  of
    widow's  annuity  and  widow's prior service annuity also
    for the purpose of providing the county cost of automatic
    increases in annuity after retirement in accordance  with
    Section  9-133 and for any other purpose for which moneys
    are not otherwise provided in this Article;
         4.  To  provide  a   sufficient   balance   in   the
    investment and interest reserve to permit a transfer from
    that reserve to other reserves of the fund;
         5.  To  credit  to  the  county contribution reserve
    such amounts required from the county but not contributed
    by it for age and service and  prior  service  annuities,
    and widows' and widows' prior service annuities.
    (b)  All  such  contributions  shall  be  credited to the
prior service annuity reserve.   When  the  balance  of  this
reserve  equals its liabilities (including in addition to all
other liabilities,  the  present  values  of  all  annuities,
present or prospective, according to the applicable mortality
tables  and  rates  of  interest),  the county shall cease to
contribute the sum stated  in  this  Section.   Whenever  the
balance  of  the  investment  and  interest  reserve  is  not
sufficient  to  permit  a  transfer  from that reserve to any
other reserve, the county shall contribute sums sufficient to
make possible such transfer; provided, that if annexation  of
territory  and  the  employment  by  the county of any county
employee of any such territory at  the  time  of  annexation,
after  the county has ceased to contribute as herein provided
results in additional liabilities for prior  service  annuity
and  widow's  prior  service  annuity  for any such employee,
contributions by  the  county  for  such  purposes  shall  be
resumed.
(Source: P. A. 78-656; revised 8-8-97.)

    (40 ILCS 5/11-167) (from Ch. 108 1/2, par. 11-167)
    Sec.  11-167.  Refunds in lieu of annuity.  In lieu of an
annuity, an employee who withdraws, and whose  annuity  would
amount  to  less  than  $300  a  month  for life may elect to
receive a refund of the total sum accumulated to  his  credit
from employee contributions for annuity purposes.
    The  widow of any employee, eligible for annuity upon the
death of her husband, whose annuity would amount to less than
$300 a month for life, may, in lieu  of  a  widow's  annuity,
elect  to  receive  a refund of the accumulated contributions
for annuity purposes, based on the amounts contributed by her
deceased  employee  husband,  but  reduced  by  any   amounts
theretofore  paid  to him in the form of an annuity or refund
out of such accumulated contributions.
    Accumulated  contributions   shall   mean   the   amounts
including   interest  credited  thereon  contributed  by  the
employee for age and service and widow's annuity to the  date
of  his  withdrawal  or  death,  whichever  first occurs, and
including the accumulations from any amounts contributed  for
him  as  salary  deductions  while  receiving duty disability
benefits; provided that such amounts contributed by the  city
after  December 31, 1983 while the employee is receiving duty
disability benefits shall not be included.
    The acceptance of such  refund  in  of  lieu  of  widow's
annuity, on the part of a widow, shall not deprive a child or
children  of  the  right  to  receive  a  child's  annuity as
provided  for in Sections 11-153 and 11-154 of this  Article,
and  neither  shall  the  payment of a child's annuity in the
case of such refund to a widow reduce the amount  herein  set
forth  as  refundable to such widow electing a refund in lieu
of widow's annuity.
(Source: P.A. 86-1488; revised 12-18-97.)

    (40 ILCS 5/11-221.1) (from Ch. 108 1/2, par. 11-221.1)
    Sec. 11-221.1.  Right  of  employees  to  contribute  for
certain  other  service.   Any employee in the service, after
having made contributions covering a period of 10 ten or more
years to the annuity and benefit fund  herein  provided  for,
may  elect  to  pay  for  and  receive credit for all annuity
purposes for service theretofore rendered by the employee him
to the Chicago Transit Authority created by the "Metropolitan
Transit Authority Act", approved April 12, 1945, as  amended;
provided,  that  if  the  such  employee has more than 10 ten
years of such service, only the last 10  ten  years  of  such
service  shall  be credited.  Such service credit may be paid
for and granted on the  same  basis  and  conditions  as  are
applicable in the case of employees who make payment for past
service  under  the  provisions  of  Section  the immediately
preceding Sec. 11-221, but on the assumption  that  the  such
employee's  salary  throughout all of his or her service with
the such Authority was at the  rate  of  the  employee's  his
salary at the date of his or her entrance into the service as
an  employee.   In  no  event, however, shall such service be
credited  if  the  such  employee  has  not   forfeited   and
relinquished  pension credit for service covering such period
under any pension or retirement plan applicable to  the  such
Authority and instituted and maintained by the such Authority
for the benefit of its employees.
(Source: P. A. 77-1761; revised 8-8-97.)

    (40 ILCS 5/12-124) (from Ch. 108 1/2, par. 12-124)
    Sec.  12-124.  Fixation of service annuity, prior service
annuity  or  surviving  spouse's   annuity;   limitation   on
reversionary annuity.
    "Fixation  of  annuity":  As applied to a service annuity
or prior service annuity or a  surviving  spouse's  spouses's
annuity,  the  final determination of the such annuity at the
date of retirement.
    A reversionary annuity calculated after January  1,  1990
may  not  be  more than 75% of the service annuity granted to
the employee annuitant on the date of retirement  unless  the
minimum annuity to the surviving spouse payable under Section
12-135.1  exceeds  the 75% maximum payable, in which case the
minimum will be payable.
(Source: P.A. 86-272; 87-1265; revised 7-17-97.)

    (40 ILCS 5/14-103.13) (from Ch. 108 1/2, par. 14-103.13)
    Sec.   14-103.13.    Membership   service.    "Membership
service": Service rendered while a member of the  System  for
which credit is allowable under this Article, and for persons
entering  service  on or after January 1, 1984, or after July
1, 1982 in the case of an emergency or temporary employee  as
defined  in  Sections  8b.8  and  8b.9  8b8  and  8b9  of the
"Personnel Code", service  rendered  as  an  employee  before
becoming  a  member,  if  credit for such service is received
pursuant to Section 14-104.5.
(Source: P.A. 83-430; revised 8-8-97.)

    (40 ILCS 5/14-104) (from Ch. 108 1/2, par. 14-104)
    Sec. 14-104. Service for which  contributions  permitted.
Contributions  provided  for  in this Section shall cover the
period of service  granted,  and  be  based  upon  employee's
compensation  and  contribution rate in effect on the date he
last became a member of the System;  provided  that  for  all
employment  prior  to  January  1, 1969 the contribution rate
shall be that in effect for a noncovered employee on the date
he  last  became  a  member  of  the  System.   Contributions
permitted under this Section shall include  regular  interest
from  the date an employee last became a member of the System
to date of payment.
    These  contributions  must  be  paid   in   full   before
retirement either in a lump sum or in installment payments in
accordance with such rules as may be adopted by the board.
    (a)  Any  member  may  make  contributions as required in
this Section for any period of  service,  subsequent  to  the
date of establishment, but prior to the date of membership.
    (b)  Any  employee  who had been previously excluded from
membership because of age at entry  and  subsequently  became
eligible  may elect to make contributions as required in this
Section for  the  period  of  service  during  which  he  was
ineligible.
    (c)  An  employee  of  the  Department  of Insurance who,
after January 1, 1944 but  prior  to  becoming  eligible  for
membership, received salary from funds of insurance companies
in  the  process of rehabilitation, liquidation, conservation
or dissolution, may elect to make contributions  as  required
in this Section for such service.
    (d)  Any  employee who rendered service in a State office
to which he was elected, or rendered service in the  elective
office  of  Clerk of the Appellate Court prior to the date he
became a member, may make contributions for such  service  as
required   in   this  Section.   Any  member  who  served  by
appointment of the Governor under  the  Civil  Administrative
Code  of  Illinois and did not participate in this System may
make contributions as  required  in  this  Section  for  such
service.
    (e)  Any  person employed by the United States government
or any instrumentality or agency thereof from January 1, 1942
through November 15, 1946 as the result of  a  transfer  from
State  service  by  executive  order  of the President of the
United States shall  be  entitled  to  prior  service  credit
covering the period from January 1, 1942 through December 31,
1943  as  provided  for  in  this  Article  and to membership
service credit  for the period from January 1,  1944  through
November  15,  1946  by  making the contributions required in
this Section.  A person so employed on January  1,  1944  but
whose  employment began after January 1, 1942 may qualify for
prior service and membership service credit  under  the  same
conditions.
    (f)  An  employee of the Department of Labor of the State
of  Illinois  who  performed  services  for  and  under   the
supervision  of  that Department prior to January 1, 1944 but
who was compensated for those services  directly  by  federal
funds  and not by a warrant of the Auditor of Public Accounts
paid by the State Treasurer may  establish  credit  for  such
employment  by  making  the  contributions  required  in this
Section. An employee of the Department of Agriculture of  the
State  of  Illinois, who performed services for and under the
supervision of that Department prior to June 1, 1963, but was
compensated for those services directly by federal funds  and
not  paid by a warrant of the Auditor of Public Accounts paid
by the State Treasurer, and who did  not  contribute  to  any
other public employee retirement system for such service, may
establish   credit   for   such   employment  by  making  the
contributions required in this Section.
    (g)  Any employee who executed  a  waiver  of  membership
within  60  days  prior  to  January 1, 1944 may, at any time
while in the service of a department, file with the  board  a
rescission  of  such  waiver.   Upon making the contributions
required by this Section,  the member shall  be  granted  the
creditable  service  that  would  have  been  received if the
waiver had not been executed.
    (h)  Until May 1, 1990, an employee who was employed on a
full-time basis by a  regional  planning  commission  for  at
least 5 continuous years may establish creditable service for
such  employment  by  making the contributions required under
this  Section,  provided  that  any  credits  earned  by  the
employee  in  the  commission's  retirement  plan  have  been
terminated.
    (i)  Any  person  who  rendered  full  time   contractual
services to the General Assembly as a member of a legislative
staff  may establish service credit for up to 8 years of such
services by making  the  contributions  required  under  this
Section, provided that application therefor is made not later
than July 1, 1991.
    (j)  By paying the contributions otherwise required under
this  Section,  plus  an amount determined by the Board to be
equal to the employer's  normal  cost  of  the  benefit  plus
interest,  an  employee  may  establish  service credit for a
period of up to 2 years spent in active military service  for
which  he  does  not qualify for credit under Section 14-105,
provided that (1) he was  not  dishonorably  discharged  from
such  military  service, and (2) the amount of service credit
established by a member under this subsection (j), when added
to the amount of  military  service  credit  granted  to  the
member  under  subsection  (b)  of  Section 14-105, shall not
exceed 5 years.
    (k)  An employee who was employed on a full-time basis by
the  Illinois   State's   Attorneys   Association   Statewide
Appellate Assistance Service LEAA-ILEC grant project prior to
the  time that project became the State's Attorneys Appellate
Service Commission, now the Office of the  State's  Attorneys
Appellate  Prosecutor,  an  agency  of  State government, may
establish creditable service for  not  more  than  60  months
service  for such employment by making contributions required
under this Section.
    (l)  By paying the contributions otherwise required under
this Section, plus an amount determined by the  Board  to  be
equal  to  the  employer's  normal  cost  of the benefit plus
interest, a member may establish service credit  for  periods
of  less  than  one year spent on authorized leave of absence
from service, provided that (1) the period of leave began  on
or  after  January  1, 1982 and (2) any credit established by
the member for the  period  of  leave  in  any  other  public
employee retirement system has been terminated.  A member may
establish  service credit under this subsection for more than
one period of authorized leave, and in that  case  the  total
period of service credit established by the member under this
subsection may exceed one year.
    (m)  (l)  Any person who rendered contractual services to
a member of the General Assembly as a worker in the  member's
district  office may establish creditable service for up to 3
years  of  those   contractual   services   by   making   the
contributions  required under this Section.  The System shall
determine a full-time salary equivalent for  the  purpose  of
calculating  the  required contribution.  To establish credit
under this subsection, the applicant must apply to the System
by March 1, 1998.
    (n) (l)  Any person who rendered contractual services  to
a  member  of  the  General  Assembly  as  a worker providing
constituent services to persons in the member's district  may
establish  creditable  service  for  up  to  8 years of those
contractual services by  making  the  contributions  required
under  this  Section.  The System shall determine a full-time
salary equivalent for the purpose of calculating the required
contribution.  To establish credit under this subsection, the
applicant must apply to the System by March 1, 1998.
(Source: P.A. 90-32,  eff.  6-27-97;  90-448,  eff.  8-16-97;
90-511, eff. 8-22-97; revised 9-5-97.)

    (40 ILCS 5/14-104.5) (from Ch. 108 1/2, par. 14-104.5)
    Sec.  14-104.5.   A member who enters service on or after
January 1, 1984, or after July 1, 1982  as  an  emergency  or
temporary  employee, as defined in Sections 8b.8 and 8b.9 8b8
and 8b9 of  the  "Personnel  Code",  may  receive  membership
service  credit  for periods of employment during which he or
she was an employee but not a member by making  contributions
for  such  periods  based  on his or her compensation and the
contribution rate in effect when he  or  she  last  became  a
member  of  the  System, plus regular interest thereon to the
date of payment unless such payment is made within the  first
6 months after becoming a member or prior to July 1, 1984.
(Source: P.A. 83-430; revised 8-8-97.)
    (40 ILCS 5/14-104.10)
    Sec.  14-104.10.  Federal  or out-of-state employment.  A
contributing employee may establish additional service credit
for periods of full-time employment by the federal government
or a unit  of  state  or  local  government  located  outside
Illinois  for  which  he  or  she does not qualify for credit
under any other provision of this Article, provided that  (i)
the  amount  of  service credit established by a person under
this Section shall not exceed 8 years or 40% of  his  or  her
membership  service  under  this  Article, whichever is less,
(ii) the amount of service credit  established  by  a  person
under  this Section for federal employment, when added to the
amount of all military service credit granted to  the  person
under  this  Article, shall not exceed 8 years, and (iii) any
credit received for the federal or out-of-state employment in
any  federal  or  other  public  employee  pension  fund   or
retirement   system  has  been  terminated  or  relinquished.
Credit may not be established  under  this  Section  for  any
period of military service or for any period for which credit
has  been  or  may be established under Section 14-110 or any
other provision of this Article.
    In order to establish service credit under this  Section,
the applicant must submit a written application to the System
by  June  30, 1998, including documentation of the federal or
out-of-state employment satisfactory to the Board, and pay to
the System (1) employee contributions at the  rates  provided
in  this  Article  based upon the person's salary on the last
day as a participating  employee  prior  to  the  federal  or
out-of-state   employment,   or   on   the  first  day  as  a
participating employee after that  employment,  whichever  is
greater,  plus  (2)  an  amount determined by the Board to be
equal to the employer's normal cost of the  benefits  accrued
for  that  employment, plus (3) regular interest on items (1)
and (2) from the date of conclusion of the employment to  the
date of payment.
(Source: P.A. 90-32, eff. 6-27-97.)

    (40 ILCS 5/14-104.11)
    Sec.  14-104.11.  14-104.10. Illinois Development Finance
Authority.  An employee may establish creditable service  for
periods prior to the date upon which the Illinois Development
Finance  Authority  first becomes a department (as defined in
Section 14-103.04) during which he or she was employed by the
Illinois  Development  Finance  Authority  or  the   Illinois
Industrial  Development Authority, by applying in writing and
paying  to  the  System  an  amount  equal  to  (i)  employee
contributions for  the  period  for  which  credit  is  being
established,  based  upon the employee's compensation and the
applicable contribution rate in effect on the date he or  she
last  became a member of the System, plus (ii) the employer's
normal cost of the credit established, plus (iii) interest on
the amounts in items (i) and (ii) at the  rate  of  2.5%  per
year,  compounded  annually, from the date the applicant last
became a member of the System to the date of payment.    This
payment  must  be paid in full before retirement, either in a
lump sum or in installment payments in  accordance  with  the
rules of the Board.
(Source: P.A. 90-511, eff. 8-22-97; revised 10-20-97.)

    (40 ILCS 5/14-108) (from Ch. 108 1/2, par. 14-108)
    Sec. 14-108.  Amount of retirement annuity.  A member who
has contributed to the System for at least 12 months shall be
entitled  to  a  prior  service  annuity  for  each  year  of
certified prior service credited to him, except that a member
shall  receive 1/3 of the prior service annuity for each year
of service for which contributions have been made and all  of
such  annuity  shall  be  payable  after  the member has made
contributions for a period of 3 years.  Proportionate amounts
shall be payable for service of less than a full  year  after
completion of at least 12 months.
    The   total   period  of  service  to  be  considered  in
establishing the  measure  of  prior  service  annuity  shall
include  service  credited in the Teachers' Retirement System
of  the  State  of  Illinois  and  the   State   Universities
Retirement  System  for which contributions have been made by
the member to such systems; provided that at least 1 year  of
the total period of 3 years prescribed for the allowance of a
full  measure  of  prior  service  annuity  shall  consist of
membership service in this system for which credit  has  been
granted.
    (a)  In  the  case  of  a  member who retires on or after
January 1, 1998 and is a noncovered employee, the  retirement
annuity  for  membership  service  and prior service shall be
2.2% of final average compensation for each year of  service.
Any service credit established as a covered employee shall be
computed as stated in paragraph (b).
    (b)  In  the  case  of  a  member who retires on or after
January 1, 1998 and is a  covered  employee,  the  retirement
annuity  for  membership  service  and prior service shall be
computed as stated in paragraph (a) for  all  service  credit
established  as  a  noncovered  employee;  for service credit
established as a covered employee it shall be 1.67% of  final
average compensation for each year of service.
    (c)  For  a  member  with  30  but  less than 35 years of
creditable service retiring after attaining age 55 but before
age 60, the retirement annuity shall be reduced by 1/2 of  1%
for  each  month that the member's age is under age 60 at the
time of retirement.
    (d)  A retirement annuity shall not exceed 75%  of  final
average compensation, subject to such extension as may result
from the application of Section 14-114 or Section 14-115.
    (e)  The   retirement  annuity  payable  to  any  covered
employee who is a member of the  System  and  in  service  on
January 1, 1969, or in service thereafter in 1969 as a result
of  legislation  enacted  by  the  Illinois  General Assembly
transferring the  member  to  State  employment  from  county
employment  in  a county Department of Public Aid in counties
of 3,000,000 or more population, under a plan of coordination
with  the  Old  Age,  Survivors  and  Disability   provisions
thereof,  if not fully insured for Old Age Insurance payments
under the Federal Old Age, Survivors and Disability Insurance
provisions at the date of acceptance of a retirement annuity,
shall not be less than the amount for which the member  would
have been eligible if coordination were not applicable.
    (f)  The   retirement  annuity  payable  to  any  covered
employee who is a member of the  System  and  in  service  on
January 1, 1969, or in service thereafter in 1969 as a result
of  the  legislation  designated in the immediately preceding
paragraph, if fully insured for Old  Age  Insurance  payments
under  the  Federal  Social  Security  Act  at  the  date  of
acceptance of a retirement annuity, shall not be less than an
amount  which  when  added  to  the Primary Insurance Benefit
payable to the member upon attainment of age  65  under  such
Federal  Act, will equal the annuity which would otherwise be
payable  if  the  coordinated  plan  of  coverage  were   not
applicable.
    (g)  In  the  case  of  a  member  who  is  a  noncovered
employee,  the retirement annuity for membership service as a
security  employee  of  the  Department  of  Corrections   or
security  employee  of the Department of Human Services shall
be 1.9% of final average compensation for each of  the  first
10  years  of  service; 2.1% for each of the next 10 years of
service; 2.25% for each year of service in excess of  20  but
not  exceeding  30;  and  2.5% for each year in excess of 30;
except that the annuity may be  calculated  under  subsection
(a)  rather than this subsection (g) if the resulting annuity
is greater.
    (h)  In the case of a member who is a  covered  employee,
the  retirement  annuity for membership service as a security
employee  of  the  Department  of  Corrections  or   security
employee  of  the Department of Human Services shall be 1.67%
of final average compensation 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.
    (i)  For  the purposes of this Section and Section 14-133
of this Act, the term "security employee of the Department of
Corrections"  and  the  term  "security   employee   of   the
Department   of  Human  Services"  shall  have  the  meanings
ascribed to them in subsection (c) of Section 14-110.
    (j)  The  retirement   annuity   computed   pursuant   to
paragraphs  (g)  or  (h)  shall  be  applicable only to those
security employees  of  the  Department  of  Corrections  and
security  employees  of  the Department of Human Services who
have at least 20 years of membership service and who are  not
eligible  for  the  alternative  retirement  annuity provided
under Section 14-110.  However, persons transferring to  this
System  under  Section 14-108.2 who have service credit under
Article 16  of  this  Code  may  count  such  service  toward
establishing  their  eligibility  under  the  20-year service
requirement of this subsection; but such service may be  used
only  for  establishing  such  eligibility,  and  not for the
purpose of increasing or calculating any benefit.
    (k)  (Blank).
    (l)  The changes to this Section made by this  amendatory
Act  of  1997  (changing  certain retirement annuity formulas
from a stepped rate to a flat  rate)  apply  to  members  who
retire on or after January 1, 1998, without regard to whether
employment  terminated  before  the  effective  date  of this
amendatory Act of 1997.  An annuity shall not  be  calculated
in  steps  by  using the new flat rate for some steps and the
superseded stepped rate for other steps of the same  type  of
service.
(Source:  P.A.  89-507,  eff.  7-1-97;  90-65,  eff.  7-7-97;
90-448, eff. 8-16-97; revised 11-17-97.)

    (40 ILCS 5/15-106) (from Ch. 108 1/2, par. 15-106)
    Sec.  15-106.  Employer.   "Employer":  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 State Board of Higher Education, the Illinois
Mathematics  and Science Academy, the State Geological Survey
Division of the Department of Natural  Resources,  the  State
Natural  History Survey Division of the Department of Natural
Resources, the State Water Survey Division of the  Department
of  Natural  Resources,  the  Waste  Management  and Research
Center of the Department of Natural Resources, the University
Civil Service Merit Board, the Board of Trustees of the State
Universities  Retirement  System,  the   Illinois   Community
College  Board,  State  Community  College of East St. Louis,
community  college  boards,  any  association  of   community
college  boards  organized  under  Section 3-55 of the Public
Community College Act, the  Board  of  Examiners  established
under  the  Illinois  Public Accounting Act, and, only during
the period for which employer  contributions  required  under
Section  15-155  are  paid,  the following organizations: the
alumni  associations,  the  foundations  and   the   athletic
associations  which  are affiliated with the universities and
colleges included in this Section as employers. A  department
as defined in Section 14-103.04 is an employer for any person
appointed by the Governor under the Civil Administrative Code
of  Illinois  who  is  a participating employee as defined in
Section 15-109.
(Source: P.A. 89-4, eff. 1-1-96; 89-445, eff. 2-7-96; 90-490,
eff. 8-17-97; 90-511, eff. 8-22-97; revised 11-17-97.)

    (40 ILCS 5/15-134) (from Ch. 108 1/2, par. 15-134)
    Sec. 15-134.  Participant.
    (a)  Each person shall, as  a  condition  of  employment,
become  a  participant  and be subject to this Article on the
date that he or she becomes an employee, makes an election to
participate in, or otherwise becomes a participant in one  of
the retirement programs offered under this Article, whichever
date is later.
    An  employee  who becomes a participant shall continue to
be a participant until he or she becomes an  annuitant,  dies
or  accepts  a  refund of contributions, except that a person
shall not be deemed a participant while participating  in  an
optional  program  for  part-time  workers  established under
Section 15-158.1.
    (b)  A  person  employed  concurrently  by  2   or   more
employers  is  eligible  to  participate  in  the  system  on
compensation received from all employers.
(Source: P.A.  89-430,  eff.  12-15-95;  90-65,  eff. 7-7-97;
90-448, eff. 8-16-97; revised 11-17-97.)

    (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; or for persons who
retire on or after January 1, 1998, 2.2% of the final rate of
earnings for each year of service.  However, except that  the
annuity  for  those  persons  having  made  an election under
Section 15-154(a-1) shall be calculated and payable under the
portable  retirement  benefit   program   pursuant   to   the
provisions of Section 15-136.4.
    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
    actuarially 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, except that the
    annuity for those persons having made an  election  under
    Section 15-154(a-1) shall be calculated and payable under
    the  portable  retirement benefit program pursuant to the
    provisions of Section 15-136.4.
    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, except that the annuity for
those  persons  having  made  an   election   under   Section
15-154(a-1)   shall  be  calculated  and  payable  under  the
portable  retirement  benefit   program   pursuant   to   the
provisions of Section 15-136.4.
    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,  except  that
the  annuity  for those persons having made an election under
Section 15-154(a-1) shall be calculated and payable under the
portable  retirement  benefit   program   pursuant   to   the
provisions  of  Section 15-136.4.  The retirement annuity for
all other service shall be computed  under  Rule  1,  payable
under the portable retirement benefit program pursuant to the
provisions of Section 15-136.4, if applicable.
    (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) of Section 15-152;
         (2)  For a participant who has at least  the  number
    of  years  of service required to retire at any age under
    subsection (a) of Section 15-135; 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) 80% of  final  rate
of earnings.
    (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 actuarially 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. 90-14, eff. 7-1-97; 90-65, eff. 7-7-97; 90-448,
eff. 8-16-97; revised 8-21-97.)

    (40 ILCS 5/15-157) (from Ch. 108 1/2, par. 15-157)
    Sec. 15-157.  Employee Contributions.
    (a)  Each participating employee shall make contributions
towards the retirement annuity of each  payment  of  earnings
applicable  to  employment under this system on and after the
date  of  becoming  a  participant  as  follows:   Prior   to
September 1, 1949, 3 1/2% of earnings; from September 1, 1949
to  August 31, 1955, 5%; from September 1, 1955 to August 31,
1969,  6%;  from  September  1,  1969,   6   1/2%.      These
contributions  are  to  be considered as normal contributions
for purposes of this Article.
    Each participant who is a police officer  or  firefighter
shall  make  normal  contributions  of  8% of each payment of
earnings applicable to employment  as  a  police  officer  or
firefighter  under this system on or after September 1, 1981,
unless he or she files with the board within  60  days  after
the  effective date of this amendatory Act of 1991 or 60 days
after the board receives notice that he or she is employed as
a police  officer  or  firefighter,  whichever  is  later,  a
written  notice  waiving  the  retirement formula provided by
Rule 4 of Section 15-136.  This waiver shall be  irrevocable.
If  a participant had met the conditions set forth in Section
15-132.1 prior to the effective date of this  amendatory  Act
of   1991   but   failed   to   make  the  additional  normal
contributions required by this paragraph, he or she may elect
to pay the additional contributions plus compound interest at
the effective rate.  If  such  payment  is  received  by  the
board,  the  service  shall  be  considered as police officer
service in calculating the retirement annuity under Rule 4 of
Section 15-136.
    (b)  Starting  September  1,  1969,  each   participating
employee  shall make additional contributions of 1/2 of 1% of
earnings to finance a portion  of  the  cost  of  the  annual
increases   in  retirement  annuity  provided  under  Section
15-136.
    (c)  Each participating employee  shall  make  additional
contributions  of 1% of earnings applicable under this system
on and after August 1, 1959.   The  contribution  made  under
this  subsection shall be used to finance survivors insurance
benefits, unless the participant has made an  election  under
Section  15-154(a-1),  in  which  case  the contribution made
under this subsection shall be used to finance  the  benefits
obtained under that election.  Contributions in excess of $80
during  any  fiscal year beginning before August 31, 1969 and
in excess of $120 during any  fiscal  year  thereafter  until
September   1,   1971   shall  be  considered  as  additional
contributions for purposes of this Article.
    (d)  If the board by board rule so permits and subject to
such conditions and limitations as may be  specified  in  its
rules,  a participant may make other additional contributions
of such percentage of earnings or amounts as the  participant
shall  elect  in  a  written  notice  thereof received by the
board.
    (e)  That fraction of a participant's  total  accumulated
normal  contributions, the numerator of which is equal to the
number of years  of  service  in  excess  of  that  which  is
required  to  qualify for the maximum retirement annuity, and
the denominator of which is equal to the total service of the
participant, shall be considered  as  accumulated  additional
contributions.   The  determination of the applicable maximum
annuity and the adjustment in contributions required by  this
provision  shall  be made as of the date of the participant's
retirement.
    (f)  Notwithstanding  the  foregoing,   a   participating
employee  shall  not  be required to make contributions under
this Section after the date upon which  continuance  of  such
contributions  would  otherwise  cause  his or her retirement
annuity to exceed the maximum retirement annuity as specified
in clause (1) of subsection (c) of Section 15-136.
    (g)  A participating employee may make contributions  for
the purchase of service credit under this Article.
(Source:  P.A.  90-32,  eff.  6-27-97;  90-65,  eff.  7-7-97;
90-448,   eff.   8-16-97;   90-511,   eff.  8-22-97;  revised
11-14-97.)

    (40 ILCS 5/15-185) (from Ch. 108 1/2, par. 15-185)
    Sec. 15-185.  Annuities, etc., exempt.   The  accumulated
employee  and  employer  contributions shall be held in trust
for each participant and annuitant, and this trust  shall  be
treated  as  a spendthrift trust.  Except as provided in this
Article, all cash, securities  and  other  property  of  this
system,  all  annuities and other benefits payable under this
Article and  all  accumulated  credits  of  participants  and
annuitants  in  this  system  and  the right of any person to
receive an annuity or other benefit under this Article, or  a
refund  of  contributions,  shall not be subject to judgment,
execution,  garnishment,  attachment,  or  other  seizure  by
process, in bankruptcy or otherwise,  nor  to  sale,  pledge,
mortgage  or  other  alienation, and shall not be assignable.
The board, however, may deduct from the benefits, refunds and
credits payable to the participant, annuitant or beneficiary,
amounts owed  by the participant or annuitant to the  system.
No  attempted  sale,  transfer  or assignment of any benefit,
refund or credit shall prevent the right of the board to make
the deduction and offset authorized  in  this  Section.   Any
participant  or  annuitant  may authorize the board to deduct
from disability benefits or annuities, premiums due under any
group hospital-surgical insurance program which is  sponsored
or  approved  by  any  employer; however, the deductions from
disability benefits may not begin prior to 6 months after the
disability occurs.
    A person receiving  an  annuity  or  benefit  under  this
Article   may  also  authorize  withholding  from  that  such
annuity  or  benefit  for  the  purposes enumerated in and in
accordance with  the  provisions  of  the  State  Salary  and
Annuity Withholding Act.
    Public  Act  86-273  This  amendatory  Act  of  1989 is a
clarification of existing law  and  shall  be  applicable  to
every  participant  and  annuitant  without regard to whether
status as an employee terminates before the effective date of
that this amendatory Act of 1989.
(Source: P.A.  90-65,  eff.  7-7-97;  90-448,  eff.  8-16-97;
90-511, eff. 8-22-97; revised 11-17-97.)

    (40 ILCS 5/16-140) (from Ch. 108 1/2, par. 16-140)
    Sec. 16-140.  Survivors' benefits - definitions.
    (a)  For the purpose of Sections 16-138 through 16-143.2,
the following terms shall have the following meanings, unless
the context otherwise requires:
         (1)  "Average  salary":  the  average salary for the
    highest 4 consecutive years within the last 10  years  of
    creditable service immediately preceding date of death or
    retirement,  whichever  is  applicable,  or  the  average
    salary  for  the  total  creditable service if service is
    less than 4 years.
         (2)  "Member":   any   teacher   included   in   the
    membership of the system. However, a teacher who  becomes
    an  annuitant  of  the system or a teacher whose services
    terminate after 20 years of service from any cause  other
    than  retirement  is  considered a member, subject to the
    conditions and limitations stated in this Article.
         (3)  "Dependent beneficiary": (A) a surviving spouse
    of a member or annuitant who was married to the member or
    annuitant for the 12 month period  immediately  preceding
    and  on  the  date  of death of such member or annuitant,
    except where a child is born of such marriage,  in  which
    case the qualifying period shall not be applicable; (A-1)
    a  surviving  spouse of a member or annuitant who (i) was
    married to the member or annuitant on  the  date  of  the
    member  or  annuitant's  death,  (ii)  was married to the
    member or annuitant for a period of at  least  12  months
    (but  not necessarily the 12 months immediately preceding
    the member or annuitant's death), (iii) first applied for
    a survivor's benefit before April 1, 1997, and  (iv)  has
    not  received  a  benefit under subsection (a) of Section
    16-141  or  paragraph  (1)  of  Section  16-142;  (B)  an
    eligible child of  a  member  or  annuitant;  and  (C)  a
    dependent parent.
         Unless   otherwise   designated   by   the   member,
    eligibility  for  benefits  shall  be in the order named,
    except that a dependent parent shall be eligible only  if
    there  is no other dependent beneficiary.  Any benefit to
    be received by or paid to a dependent beneficiary  to  be
    determined  under  this paragraph as provided in Sections
    16-141 and 16-142 may be received by or paid to  a  trust
    established   for  such  dependent  beneficiary  if  such
    dependent beneficiary is living at the time such  benefit
    would be received by or paid to such trust.
         (4)  "Eligible   child":  an  unmarried  natural  or
    adopted child of the member or  annuitant  under  age  18
    (age 22 if a full-time student).  An unmarried natural or
    adopted  child,  regardless  of  age, who is dependent by
    reason of a physical or  mental  disability,  except  any
    such  child  receiving  benefits under Article III of the
    Illinois Public Aid Code, is eligible for so long as such
    physical or  mental  disability  continues.   An  adopted
    child,  however,  is eligible only if the proceedings for
    adoption were finalized while the child was a minor.
         For purposes of this subsection, "disability"  means
    an   inability  to  engage  in  any  substantial  gainful
    activity by reason of any medically determinable physical
    or mental impairment 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 changes made  to  this  Section  by  Public  Act
    90-448  this amendatory Act of 1997, relating to benefits
    for certain unmarried children who are full-time students
    under  age  22,  apply  without  regard  to  whether  the
    deceased member was in service on or after the  effective
    date  of that this amendatory Act of 1997.  These changes
    do  not  authorize  the  repayment  of  a  refund  or   a
    re-election  of  benefits, and any benefit or increase in
    benefits resulting from  these  changes  is  not  payable
    retroactively for any period before the effective date of
    that this amendatory Act of 1997.
         (5)  "Dependent  parent": a parent who was receiving
    at least 1/2 of his or  her  support  from  a  member  or
    annuitant  for  the 12-month period immediately preceding
    and on the date of such member's  or  annuitant's  death,
    provided  however,  that such dependent status terminates
    upon a member's  acceptance  of  a  refund  for  survivor
    benefit contributions as provided under Section 16-142.
         (6)  "Non-dependent    beneficiary":   any   person,
    organization or other entity designated by the member who
    does not qualify as a dependent beneficiary.
         (7)  "In service": the condition of a  member  being
    in  receipt  of salary as a teacher at any time within 12
    months immediately before his  or  her  death,  being  on
    leave  of  absence  for  which the member, upon return to
    teaching, would be eligible to  purchase  service  credit
    under  subsection  (b)(5)  of Section 16-127, or being in
    receipt  of  a  disability  or  occupational   disability
    benefit.   This  term  does  not include any annuitant or
    member who  previously  accepted  a  refund  of  survivor
    benefit  contributions  under  paragraph  (1)  of Section
    16-142 unless the conditions specified in subsection  (b)
    of Section 16-143.2 are met.
    (b)  The change to this Section made by Public Act 90-511
this amendatory Act of 1997 applies without regard to whether
the  deceased  member or annuitant was in service on or after
the effective date of that this amendatory Act.
(Source: P.A. 89-430, eff. 12-15-95;  90-448,  eff.  8-16-97;
90-511, eff. 8-22-97; revised 11-17-97.)

    (40 ILCS 5/17-116.6)
    Sec. 17-116.6. Early retirement incentives.
    (a)  A  teacher who is covered by a collective bargaining
agreement shall not be  eligible  for  the  early  retirement
incentives  provided under this Section unless the collective
bargaining agent and the Board of Education have entered into
an agreement under which the agent agrees  that  any  payment
for  accumulated  unused  sick  days to which the employee is
entitled upon withdrawal from service  may  be  paid  by  the
Board  of  Education in installments over a period of up to 5
years, and a copy of this agreement has been filed  with  the
Board of the Fund.
    (b)  To  be  eligible  for  the benefits provided in this
Section, a person must:
         (1)  be a member of  this  Fund  who  is  a  reserve
    teacher as defined in Section 34-1.1 of the School Code;
         (2)  have  not  previously  received a bachelor's or
    more  advanced  degree  from  an  accredited  college  or
    university;
         (3)  have  not  previously  received  a   retirement
    pension under this Article;
         (4)  file with the Board and the Board of Education,
    by  the later of 60 days after the effective date of this
    amendatory Act of  1993  or  60  days  after  becoming  a
    reserve  teacher, but in no event later than December 31,
    1995,  a  written  application  requesting  the  benefits
    provided in this Section;
         (5)  be eligible to  receive  a  retirement  pension
    under this Article (for which purpose any age enhancement
    or  creditable service received under this Section may be
    used)  and  elect  to  receive  the  retirement   pension
    beginning no earlier than September 1, 1993, and no later
    than 120 days after becoming a reserve teacher;
         (6)  have  attained  age  50 (without the use of any
    age enhancement or creditable service received under this
    Section) by the effective date of the retirement pension;
         (7)  have at least 5  years  of  creditable  service
    under this Fund or any of the participating systems under
    the Retirement Systems Reciprocal Act (without the use of
    any  creditable  service  received under this Section) by
    the effective date of the retirement pension.
    (b)  An eligible person may establish up to  5  years  of
creditable service under this Section.  In addition, for each
period  of creditable service established under this Section,
a person's age at retirement shall be deemed to be  increased
by an equal period.
    The creditable service established under this Section may
be   used  for  all  purposes  under  this  Article  and  the
Retirement Systems Reciprocal Act, except for the purposes of
Section 17-116.1, and the determination of average salary  or
compensation under this or any other Article of this Code.
    The age enhancement established under this Section may be
used   for   all   purposes  under  this  Article  (including
calculation of a proportionate pension payable by  this  Fund
under  the  Retirement  Systems  Reciprocal  Act), except for
purposes of the reversionary pension  under  Section  17-120,
and  distributions required by federal law on account of age.
However, age enhancement established under this Section shall
not be used  in  determining  benefits  payable  under  other
Articles of this Code under the Retirement Systems Reciprocal
Act.
    (c)  For  all  creditable  service established under this
Section, the employer  must  pay  to  the  Fund  an  employer
contribution consisting of 12% of the member's highest annual
full-time  rate  of  compensation for each year of creditable
service granted under this Section.
    The employer contribution shall be paid to  the  Fund  in
one  of  the following ways:  (i) in a single sum at the time
of  the  member's  retirement,  (ii)   in   equal   quarterly
installments  over  a  period  of  5  years  from the date of
retirement, or (iii) subject to the approval of the Board  of
the  Fund,  in  unequal installments over a period of no more
than 5 years from the date of retirement, as  provided  in  a
payment plan designed by the Fund to accommodate the needs of
the  employer.   The  employer's failure to make the required
contributions in a timely manner shall not affect the payment
of the retirement pension.
    For  all  creditable  service  established   under   this
Section,  the  employee  must  pay  to  the  Fund an employee
contribution consisting of 4% of the member's highest  annual
salary  rate  used  in  the  determination  of the retirement
pension for each year of  creditable  service  granted  under
this  Section.   The  employee contribution shall be deducted
from the retirement annuity in 24 monthly installments.
    (d)  An annuitant who has received any age enhancement or
creditable service under this Section and  whose  pension  is
suspended  or  cancelled under Section 17-149 or 17-150 shall
thereby forfeit the age enhancement and  creditable  service.
The  forfeiture  of  creditable service under this subsection
shall not entitle the employer to a refund  of  the  employer
contribution  paid  under this Section, nor to forgiveness of
any part of  that  contribution  that  remains  unpaid.   The
forfeiture  of creditable service under this subsection shall
not  entitle  the  employee  to  a  refund  of  the  employee
contribution paid under this Section.
    (e)  A member who receives any early retirement incentive
under Section 17-116.3, 17-116.4, or 17-116.5 may not receive
any early retirement incentive under this Section.
(Source: P.A. 88-511; revised 12-18-97.)

    (40 ILCS 5/17-127) (from Ch. 108 1/2, par. 17-127)
    Sec. 17-127. Financing; revenues for the Fund.
    (a)  The revenues for the  Fund  shall  consist  of:  (1)
amounts  paid  into the Fund by contributors thereto and from
employer contributions and State appropriations in accordance
with this Article; (2) amounts contributed to the Fund by  an
Employer; (3) amounts contributed to the Fund pursuant to any
law   now   in   force   or  hereafter  to  be  enacted;  (4)
contributions from any other source; and (5) the earnings  on
investments.
    (b)  The  General  Assembly finds that for many years the
State has contributed to the Fund an annual  amount  that  is
between  20%  and  30%  of  the  amount  of  the annual State
contribution to the Article 16  retirement  system,  and  the
General  Assembly  declares that it is its goal and intention
to continue this level of contribution to  the  Fund  in  the
future.
(Source:  P.A.  90-548,  eff.  12-4-97;  90-566, eff. 1-2-98;
revised 1-8-98.)

    (40 ILCS 5/17-129) (from Ch. 108 1/2, par. 17-129)
    Sec. 17-129. Employer contributions; deficiency in Fund.
    (a)  If in any fiscal year  of  the  Board  of  Education
ending  prior to 1997 the total amounts paid to the Fund from
the Board of Education (other than under this subsection, and
other  than  amounts  used  for  making   or   "picking   up"
contributions  on  behalf  of teachers) and from the State do
not equal the total contributions made by or on behalf of the
teachers for such year, or if the total income of the Fund in
any such fiscal year of  the  Board  of  Education  from  all
sources  is less than the total such expenditures by the Fund
for such year, the Board of  Education  shall,  in  the  next
succeeding year, in addition to any other payment to the Fund
set  apart  and appropriate from moneys from its tax levy for
educational  purposes,  a  sum  sufficient  to  remove   such
deficiency  or  deficiencies,  and promptly pay such sum into
the Fund in order to restore any of the reserves of the  Fund
that  may  have  been  so  temporarily  applied.  Any amounts
received by the Fund after December 4, the effective date  of
this  amendatory  Act  of  1997  from  State  appropriations,
including under Section 17-127, shall be a credit against and
shall  fully  satisfy any obligation that may have arisen, or
be claimed to have arisen, under this  subsection  (a)  as  a
result  of  any deficiency or deficiencies in the fiscal year
of the Board of Education ending in calendar year 1997.
    (b)  (i)  For fiscal years 2011 through 2045, the minimum
contribution to the Fund to be made by the Board of Education
in each fiscal year shall be an amount determined by the Fund
to be sufficient to bring the total assets of the Fund up  to
90% of the total actuarial liabilities of the Fund by the end
of  fiscal  year  2045.   In making these determinations, the
required Board of Education contribution shall be  calculated
each  year  as  a level percentage of the applicable employee
payrolls over the years remaining  to  and  including  fiscal
year  2045  and  shall be determined under the projected unit
credit actuarial cost method.
    (ii)  For fiscal years 1999 through 2010,  the  Board  of
Education's  contribution to the Fund, as a percentage of the
applicable employee payroll,  shall  be  increased  in  equal
annual  increments  so that by fiscal year 2011, the Board of
Education is contributing at the  rate  required  under  this
subsection.
    (iii)  Beginning  in  fiscal year 2046, the minimum Board
of Education contribution for each fiscal year shall  be  the
amount needed to maintain the total assets of the Fund at 90%
of the total actuarial liabilities of the Fund.
    (iv)  Notwithstanding  the  provisions of paragraphs (i),
(ii), and (iii) of this subsection (b), for any  fiscal  year
the  contribution  to  the  Fund  from the Board of Education
shall  not  be  required  to  be  in  excess  of  the  amount
calculated as needed to maintain the  assets  (or  cause  the
assets to be) at the 90% level by the end of the fiscal year.
    (v)  Any  contribution by the State to or for the benefit
of the Fund, including, without limitation,  as  referred  to
under   Section   17-127,  shall  be  a  credit  against  any
contribution required to be made by the  Board  of  Education
under this subsection (b).
    (c)  The  Board  shall  determine  the amount of Board of
Education contributions required for each fiscal year on  the
basis  of  the actuarial tables and other assumptions adopted
by the Board and the recommendations of the actuary, in order
to meet the minimum contribution requirements of  subsections
(a)  and  (b).  Annually, on or before February 28, the Board
shall certify to the Board of Education  the  amount  of  the
required  Board  of  Education  contribution  for  the coming
fiscal year.  The certification shall include a copy  of  the
actuarial recommendations upon which it is based.
(Source:  P.A.  89-15,  eff.  5-30-95;  90-548, eff. 12-4-97;
90-566, eff. 1-2-98; revised 1-8-98.)
    (40 ILCS 5/17-156.1) (from Ch. 108 1/2, par. 17-156.1)
    Sec. 17-156.1. Increases to retired members.   A  teacher
who  retired prior to September 1, 1959 on service retirement
pension who  was  at  least  55  years  of  age  at  date  of
retirement  and  had  at  least 20 years of validated service
shall be entitled to receive benefits under this Section.
    These benefits shall be in an amount equal to  1-1/2%  of
the  total of (1) the initial service retirement pension plus
(2) any emeritus payment payable  under  Sections  34-86  and
34-87  of  the  School  Code,  approved  March  18,  1961, as
amended, multiplied by the number of full years  on  pension.
This  payment  shall begin in January of 1970.  An additional
1-1/2% shall be added in January  of  each  year  thereafter.
Beginning January 1, 1972 the rate of increase in the service
retirement  pension each year shall be 2%.  Beginning January
1, 1979, the rate  of  increase  in  the  service  retirement
pension each year shall be 3%. Beginning January 1, 1990, all
automatic  annual  increases payable under this Section shall
be calculated as a percentage of the total pension payable at
the time of the increase, including all increases  previously
granted under this Article, notwithstanding Section 17-157.
    A  pensioner  who  otherwise  qualifies for the aforesaid
benefit shall make a one-time payment  of  1%  of  the  final
monthly  average salary multiplied by the number of completed
years of service forming the basis of his service  retirement
pension  or,  if  the  pension  was not computed according to
average salary as defined in Section Sec. 17-116, 1%  of  the
monthly  base  pension  multiplied  by  each complete year of
service forming the basis of his service retirement  pension.
Unless  the  pensioner  rejects the benefits of this Section,
such sum shall be deducted from the pensioner's December 1969
pension check and shall not be refundable.
(Source: P.A. 86-273; revised 8-8-97.)
    Section  49.   The  Central  Midwest  Radioactive   Waste
Compact Act is amended by changing Section 1 as follows:

    (45 ILCS 140/1) (from Ch. 127, par. 63v-1)
    Sec.  1.  The State of Illinois ratifies and approves the
following compact:

               ARTICLE I.  POLICY AND PURPOSE
    There is created the Central Midwest Interstate Low-Level
Radioactive Waste Compact.
    The states party  to  this  compact  recognize  that  the
Congress  of  the  United  States,  by enacting the Low-Level
Radioactive Waste Policy Act (42 U.S.C. 2021),  has  provided
for  and  encouraged the development of low-level radioactive
waste compacts as a tool for managing such waste.   The party
states  also  recognize  that  the  management  of  low-level
radioactive waste is handled most efficiently on  a  regional
basis;  and,  that  the  safe  and  efficient  management  of
low-level  radioactive  waste  generated  within  the  region
requires  that  sufficient  capacity  to manage such waste be
properly provided.
    a)  It is the policy of the party states to enter into  a
regional  low-level  radioactive waste management compact for
the purpose of:
    1)  providing  the  instrument  and   framework   for   a
cooperative effort;
    2)  providing   sufficient   facilities  for  the  proper
management of low-level radioactive waste  generated  in  the
region;
    3)  protecting  the  health and safety of the citizens of
the region;
    4)  limiting the number of facilities required to  manage
low-level   radioactive   waste   generated   in  the  region
effectively and efficiently;
    5)  promoting  the  volume  and   source   reduction   of
low-level radioactive waste generated in the region;
    6)  distributing  the  costs, benefits and obligations of
successful low-level radioactive waste  management  equitably
among the party states and among generators and other persons
who use regional facilities to manage their waste;
    7)  ensuring  the ecological and economical management of
low-level radioactive waste,  including  the  prohibition  of
shallow-land burial of waste; and
    8)  promoting  the  use  of  above-ground  facilities and
other  disposal  technologies  providing  greater  and  safer
confinement of low-level radioactive waste than  shallow-land
burial facilities.
    b)  Implicit in the Congressional consent to this compact
is  the expectation by the Congress and the party states that
the appropriate federal agencies  will  actively  assist  the
Compact  Commission  and  the individual party states to this
compact by:
    1)  expeditious enforcement of federal rules, regulations
and laws;
    2)  imposition of sanctions against those found to be  in
violation of federal rules, regulations and laws; and
    3)  timely  inspection  of  their  licensees to determine
their compliance with these rules, regulations and laws.

                  ARTICLE II.  DEFINITIONS
    As used in  this  compact,  unless  the  context  clearly
requires a different construction:
    a)  "Commission"  means  the  Central  Midwest Interstate
Low-Level Radioactive Waste Commission.
    b)  "Decommissioning" means the measures taken at the end
of a  facility's  operating  life  to  assure  the  continued
protection  of  the public from any residual radioactivity or
other potential hazards present at a facility.
    c)  "Disposal" means the  isolation  of  waste  from  the
biosphere in a permanent facility designed for that purpose.
    d)  "Eligible  state"  means either the State of Illinois
or the Commonwealth of Kentucky.
    e)  "Extended care" means the continued observation of  a
facility  after  closure  for the purpose of detecting a need
for   maintenance,   ensuring   environmental   safety,   and
determining  compliance   with   applicable   licensure   and
regulatory  requirements  and includes undertaking any action
or clean-up  necessary  to  protect  public  health  and  the
environment   from   radioactive  releases  from  a  regional
facility.
    f)  "Facility" means a parcel of land or  site,  together
with   the  structures,  equipment  and  improvements  on  or
appurtenant to the land or site, which is used  or  is  being
developed for the treatment, storage or disposal of low-level
radioactive waste.
    g)  "Generator"  means a person who produces or possesses
low-level radioactive waste in the course of or  incident  to
manufacturing,    power   generation,   processing,   medical
diagnosis and treatment, research,  or  other  industrial  or
commercial  activity  and who, to the extent required by law,
is licensed by the U.S. Nuclear Regulatory  Commission  or  a
party state, to produce or possess such waste.
    h)  "Host state" means any party state that is designated
by the Commission to host a regional facility.
    i)  "Institutional   control"   means   those  activities
carried out by the host state to physically control access to
the disposal  site  following  transfer  of  control  of  the
disposal site from the disposal site operator to the state or
federal  government.  These activities must include, but need
not  be  limited  to,  environmental   monitoring,   periodic
surveillance,  minor  custodial  care,  and  other  necessary
activities  at  the site as determined by the host state, and
administration  of  funds  to  cover  the  costs  for   these
activities.   The  period  of  institutional  control will be
determined by the host state, but institutional  control  may
not be relied upon for more than 100 years following transfer
of  control  of  the  disposal  site  to the state or federal
government.
    j)  "Long-term liability" means the financial  obligation
to  compensate  any  person  for  medical  and other expenses
incurred from damages  to  human  health,  personal  injuries
suffered  from  damages to human health and damages or losses
to real or personal property, and to provide  for  the  costs
for accomplishing any necessary corrective action or clean-up
on  real  or personal property caused by radioactive releases
from a regional facility.
    k)  "Low-level  radioactive  waste"  or   "waste"   means
radioactive   waste   not   classified   as   (1)  high-level
radioactive waste, (2) transuranic waste, (3)  spent  nuclear
fuel, or (4) by-product material as defined in Section 11e(2)
of  the  Atomic  Energy  Act  of 1954.  This definition shall
apply  notwithstanding  any  declaration   by   the   federal
government,  a  state  or  any  regulatory  agency  that  any
radioactive material is exempt from any regulatory control.
    l)  "Management  plan"  means  the  plan  adopted  by the
Commission for the storage,  transportation,  treatment   and
disposal of waste within the region.
    m)  "Manifest"  means a shipping document identifying the
generator of waste, the volume  of  waste,  the  quantity  of
radionuclides  in the shipment, and such other information as
may be required by the appropriate regulatory agency.
    n)  "Party state" means any eligible state  which  enacts
the compact into law and pays the membership fee.
    o)  "Person"  means any individual, corporation, business
enterprise or other legal entity, either public  or  private,
and  any  legal successor, representative, agent or agency of
that individual, corporation, business enterprise,  or  legal
entity.
    p)  "Region"  means  the  geographical  area of the party
states.
    q)  "Regional facility" means any facility as defined  in
Article II (f) that is (1) located within the region, and (2)
established  by a party state pursuant to designation of that
state as a host state by the Commission.
    r)  "Shallow-land burial" means a land disposal  facility
in  which  radioactive  waste is disposed of in or within the
upper  30  meters  of  the  earth's  surface;  however,  this
definition  shall  not  include  an   enclosed,   engineered,
strongly  structurally  enforced  and  solidified bunker that
extends below the earth's surface.
    s)  "Site" means the geographic location of a facility.
    t)  "Source   reduction"   means   those   administrative
practices that reduce the radionuclide  levels  in  low-level
radioactive   waste   or   that  prevent  the  generation  of
additional low-level radioactive waste.
    u)  "State" means a  state  of  the  United  States,  the
District  of  Columbia,  the Commonwealth of Puerto Rico, the
Virgin Islands or any other  territorial  possession  of  the
United States.
    v)  "Storage"  means  the  temporary holding of waste for
treatment or disposal.
    w)  "Treatment" means any method, technique  or  process,
including  storage  for radioactive decay, designed to change
the  physical,  chemical  or  biological  characteristics  or
composition of any waste in order to render the  waste  safer
for   transport   or   management,   amenable   to  recovery,
convertible to another usable material or reduced in volume.
    x)  "Volume reduction" means those methods including, but
not limited to, biological, chemical, mechanical and  thermal
methods  used  to  reduce  the  amount  of  space  that waste
materials occupy and to put them into  a  form  suitable  for
storage or disposal.
    y)  "Waste   management"  means  the  source  and  volume
reduction, storage, transportation, treatment or disposal  of
waste.

                ARTICLE III.  THE COMMISSION
    a)  There  is  created  the  Central  Midwest  Interstate
Low-Level  Radioactive  Waste  Commission.  Upon the eligible
states becoming party states, the Commission shall consist of
two voting Commissioners  from  each  state  eligible  to  be
designated  a  host  state  under  Article  VI(b), one voting
Commissioner  from  any  other  party  state,  and  for  each
regional facility, one  non-voting  Commissioner  who  is  an
elected  official  of  local government and a resident of the
county where that regional facility is located.  The Governor
of each party state shall notify the Commission in writing of
its Commissioners and any alternates.
    b)  Each voting Commissioner is entitled to one vote.  No
action of the Commission is binding unless a majority of  the
voting  membership  casts  its  vote  in  the affirmative. In
addition,  no  agreement  by  the  Commission  under  Article
III(i)(1), Article III(i)(2), or Article III(i)(3)  is  valid
unless all voting Commissioners from the party state in which
the  facility  where  the waste would be sent is located cast
their votes in the affirmative.
    c)  The Commission shall elect annually  from  among  its
members  a  chairperson.   The  Commission  shall  adopt  and
publish,  in  convenient  form, by-laws and policies that are
not inconsistent with this compact, including procedures that
conform with the provisions  of  the  Federal  Administrative
Procedure  Act  (5  U.S.C.  ss.  500  to 559) to the greatest
extent practicable in regard to notice, conduct and recording
of meetings; access by the public to  records;  provision  of
information  to the public; conduct of adjudicatory hearings;
and issuance of decisions.
    d)  The Commission shall meet at least once annually  and
shall also meet upon the call of any voting Commissioner.
    e)  All  meetings  of  the  Commission and its designated
committees shall  be  open  to  the  public  with  reasonable
advance  notice.  The Commission may, by majority vote, close
a meeting to  the  public  for  the  purpose  of  considering
sensitive  personnel or legal strategy matters.  However, all
Commission actions  and  decisions  shall  be  made  in  open
meetings  and  appropriately  recorded.   A  roll call may be
required upon request of any voting Commissioner.
    f)  The Commission may establish advisory committees  for
the  purpose  of  advising  the  Commission  on  any  matters
pertaining  to  waste management, waste generation and source
and volume reduction.
    g)  The Office of the Commission shall  be  in  Illinois.
The  Commission  may  appoint  or contract for and compensate
such staff necessary to carry out its duties  and  functions.
The  staff  shall serve at the Commission's pleasure with the
exception that staff hired as the result of securing  federal
funds  shall  be  hired and governed under applicable federal
statutes  and  regulations.   In  selecting  any  staff,  the
Commission  shall  assure  that  the   staff   has   adequate
experience  and  formal  training  to carry out the functions
assigned to it by the Commission.
    h)  All files, records and data of the  Commission  shall
be  open  to  reasonable  public inspection and may be copied
upon payment of  reasonable  fees  to  be  established  where
appropriate   by   the  Commission,  except  for  information
privileged  against  introduction  in  judicial  proceedings.
Such fees may be waived or shall be reduced substantially for
not-for-profit organizations.
    i)  The Commission may:
    1)  Enter into an agreement  with  any  person  to  allow
waste from outside the region to be disposed of at facilities
in the region.  However, no such agreement shall be effective
unless and until ratified by a law enacted by the party state
to which the waste would be sent for disposal.
    2)  Enter  into  an  agreement  with  any person to allow
waste described in Article VII(a)(6) to be  treated,  stored,
or  disposed  of  at  regional  facilities.  However, no such
agreement shall be effective unless and until ratified  by  a
law  enacted by the host state of the regional facility where
the waste would be sent for treatment, storage, or disposal.
    3)  Enter into an agreement  with  any  person  to  allow
waste  from  outside  the  region  to be treated or stored at
facilities in the region. However, any such  agreement  shall
be  revoked  as  a  matter  of law if, within one year of the
effective date of the agreement, a law  is  enacted  ordering
the  revocation  by  the party state where the waste would be
sent for treatment or storage.
    4)  Approve, or enter into an agreement with  any  person
for, the export of waste from the region.
    5)  Approve  the  disposal  of waste generated within the
region at a facility in the  region  other  than  a  regional
facility,  subject  to  the  limitations of Articles V(f) and
VII(a)(6).
    6)  Require that waste generated  within  the  region  be
treated  or  stored at available regional facilities, subject
to the limitations of Articles V(f), VII(a)(3) and VII(a)(6).
    7)  Appear as an intervenor or party in  interest  before
any court of law or any federal, state or local agency, board
or  commission in any matter related to waste management.  In
order to represent its views, the Commission may arrange  for
any    expert   testimony,   reports,   evidence   or   other
participation.
    8)  Review the emergency closure of a regional  facility,
determine  the  appropriateness  of  that  closure,  and take
whatever actions are necessary to ensure that  the  interests
of the region are protected, provided that a party state with
a  total  volume  of  waste recorded on low-level radioactive
waste manifests for any year that is less than 10 percent  of
the  total  volume  recorded on such manifests for the region
during the same year shall not be designated a host state  or
be  required to store the region's waste.  In determining the
10 percent exclusion,  there  shall  not  be  included  waste
recorded on low-level radioactive waste manifests by a person
whose  principal business is providing a service by arranging
for the collection,  transportation,  treatment,  storage  or
disposal of such waste.
    9)  Take any action which is appropriate and necessary to
perform its duties and functions as provided in this compact.
    10)  Suspend the privileges or revoke the membership of a
party state.
    j)  The Commission shall:
    1)  Submit  within  10  days  of  its  execution  to  the
governor and the appropriate officers of the legislative body
of  the party state in which any affected facility is located
a copy of any agreement entered into by the Commission  under
Article III(i)(1), Article III(i)(2) or Article III(i)(3).
    2)  Submit an annual report to, and otherwise communicate
with,  the  governors  and  the  appropriate  officers of the
legislative  bodies  of  the  party  states   regarding   the
activities of the Commission. The annual report shall include
a  description of the status of the activities taken pursuant
to any agreement entered into by the Commission under Article
III(i)(1), Article III(i)(2) or  Article  III(i)(3)  and  any
violation  of any provision thereof, and a description of the
source, volume, activity, and current  status  of  any  waste
from  outside  the  region  or  waste described under Article
VII(a)(6) that was treated, stored  or  disposed  of  in  the
region in the previous year.
    3)  Hear,  negotiate, and, as necessary, resolve by final
decision disputes which may arise between  the  party  states
regarding this compact.
    4)  Adopt   and   amend,   as   appropriate,  a  regional
management plan that plans for the  establishment  of  needed
regional facilities.
    5)  Adopt an annual budget.
    k)  Funding  of  the  budget  of  the Commission shall be
provided as follows:
    1)  Each state, upon becoming a party  state,  shall  pay
$50,000  to  the  Commission  which  shall  be  used  for the
administrative costs of the Commission.
    2)  Each state hosting a  regional  facility  shall  levy
surcharges  on  each user of the regional facility based upon
its portion of the total volume and characteristics of wastes
managed at that facility.  The surcharges  collected  at  all
regional facilities shall:
    A)  be  sufficient  to  cover  the  annual  budget of the
Commission; and
    B)  be paid to the Commission,  provided,  however,  that
each host state collecting surcharges may retain a portion of
the  collection  sufficient to cover its administrative costs
of collection.
    l)  The Commission shall keep accurate  accounts  of  all
receipts  and  disbursements.   The Commission shall contract
with an independent certified public accountant  to  annually
audit  all receipts and disbursements of Commission funds and
to submit an audit  report  to  the  Commission.   The  audit
report  shall  be  made  a  part  of the annual report of the
Commission required by this Article.
    m)  The Commission may accept for any of its purposes and
functions and may  utilize  and  dispose  of  any  donations,
grants  of money, equipment, supplies, materials and services
from any state or the United States (or  any  subdivision  or
agency   thereof),   or   interstate   agency,  or  from  any
institution, person, firm or corporation.  The nature, amount
and condition, if any, attendant upon any donation  or  grant
accepted  or  received  by  the  Commission together with the
identity of the donor, grantor or lender, shall  be  detailed
in the annual report of the Commission.  The Commission shall
establish guidelines for the acceptance of donations, grants,
equipment,  supplies, materials and services and shall review
such guidelines annually.
    n)  The Commission is not liable for any costs associated
with any of the following:
    1)  the licensing and construction of any facility;
    2)  the operation of any facility;
    3)  the stabilization and closure of any facility;
    4)  the extended care of any facility;
    5)  the institutional control, after extended care of any
facility; or
    6)  the transportation of waste to any facility.
    o)  The  Commission  is  a  legal  entity  separate   and
distinct  from the party states and is liable for its actions
as a separate and distinct legal  entity.  Commissioners  are
not  personally  liable  for  actions  taken by them in their
official capacity.
    p)  Except as  provided  under  Article  III(n),  Article
III(o),  Article  VI(p)  and  Article  VI(q), nothing in this
compact alters liability for any action, omission, course  of
conduct  or  liability  resulting  from  any  causal or other
relationships.
    q)  Any person aggrieved  by  a  final  decision  of  the
Commission  which  adversely affects the legal rights, duties
or privileges  of  such  person,  may  petition  a  court  of
competent jurisdiction, within 60 days after the Commission's
final  decision,  to  obtain  judicial  review  of said final
decision.

            ARTICLE IV.  REGIONAL MANAGEMENT PLAN
    The Commission shall adopt  a  regional  management  plan
designed to ensure the safe and efficient management of waste
generated  within  the  region.  In adopting a regional waste
management plan the Commission shall:
    a)  Adopt procedures  for  determining,  consistent  with
considerations  of  public  health  and  safety, the type and
number of regional facilities which are  presently  necessary
and  which  are  projected  to  be  necessary to manage waste
generated within the region.
    b)  Develop  and  adopt  policies  promoting  source  and
volume reduction of waste generated within the region.
    c)  Develop alternative means for the treatment,  storage
and  disposal  of  waste,  other  than shallow-land burial or
underground injection well.
    d)  Prepare a draft regional management plan  that  shall
be  made  available  in  a  convenient form to the public for
comment.  The Commission shall conduct  one  or  more  public
hearings  in  each  party  state prior to the adoption of the
regional management plan.  The regional management plan shall
include the Commission's response to public and  party  state
comment.

     ARTICLE V.  RIGHTS AND OBLIGATIONS OF PARTY STATES
    a)  Each  party  state  shall  act  in  good faith in the
performance of acts and courses of conduct which are intended
to  ensure  the  provision   of   facilities   for   regional
availability  and  usage  in  a  manner  consistent with this
compact.
    b)  Other  than  the  provisions  of  Article  V(f)   and
VII(a)(6),  each party state has the right to have all wastes
generated within its borders managed at regional  facilities.
This  right  shall  be  subject  to  the  provisions  of this
Compact. All party states have an equal right  of  access  to
any  facility outside the region made available to the region
by any agreement entered into by the Commission  pursuant  to
Article III(i)(4).
    c)  Party  states  or  generators  may  negotiate for the
right of access to a facility  outside  the  region  and  may
export   waste  outside  the  region  subject  to  Commission
approval under Article III(i)(4).
    d)  To the extent permitted by federal  law,  each  party
state  may  enforce  any  applicable  federal and state laws,
regulations  and  rules  pertaining  to  the  packaging   and
transportation  of  waste generated within or passing through
its borders.  Nothing in this Section shall be  construed  to
require  a  party  state to enter into any agreement with the
U.S. Nuclear Regulatory Commission.
    e)  Each party state shall provide to the Commission  any
data and information the Commission requires to implement its
responsibilities.    Each  party  state  shall  establish the
capability to obtain any data and information required by the
Commission.
    f)  Waste originating from the Maxey Flats nuclear  waste
disposal  site  in  Fleming  County,  Kentucky  shall  not be
shipped to any facility in Illinois for storage, treatment or
disposal.  Disposition of these  wastes  shall  be  the  sole
responsibility of the Commonwealth of Kentucky and such waste
shall  not  be  subject to the provisions of Article IX(b)(3)
and (4) of this compact.

    ARTICLE VI.  DEVELOPMENT AND OPERATION OF FACILITIES
    a)  Any party state may volunteer to become a host state,
and the Commission may designate that state as a host state.
    b)  If all regional facilities required by  the  regional
management  plan are not developed pursuant to Article VI(a),
or upon notification that an existing regional facility  will
be  closed,  the  Commission may designate a party state as a
host state. A party state shall not be designated as  a  host
state  for  any  regional  facility  under this Article VI(b)
unless  that  state's  total  volume  of  waste  recorded  on
low-level radioactive waste manifests for any  year  is  more
than  10% of the total volume recorded on those manifests for
the region during the same  year.   In  determining  the  10%
exclusion,  there  shall  not  be  included waste recorded on
low-level radioactive  waste  manifests  by  a  person  whose
principal  business  is  providing a service by arranging for
the  collection,  transportation,   treatment,   storage   or
disposal  of  such  waste,  or  waste  described  in  Article
VII(a)(6).
    c)  Each  party  state  designated  as  a  host  state is
responsible  for  determining  possible  facility   locations
within  its  borders.  The selection of a facility site shall
not conflict with applicable federal  and  host  state  laws,
regulations  and rules not inconsistent with this compact and
shall be based on factors  including,  but  not  limited  to,
geological, environmental, engineering and economic viability
of possible facility locations.
    d)  Any  party  state  designated  as  a  host  state may
request  the  Commission  to  relieve  that  state   of   the
responsibility  to serve as a host state.  The Commission may
relieve a party state of this responsibility upon  a  showing
by  the  requesting  party  state  that no feasible potential
regional facility site of the type it is designated  to  host
exists  within  its borders or for other good cause shown and
consistent with the purposes of the Compact.
    e)  After a state is  designated  a  host  state  by  the
Commission,  it is responsible for the timely development and
operation of a regional facility.
    f)  To the extent permitted by federal and state  law,  a
host state shall regulate and license any facility within its
borders and ensure the extended care of that facility.
    g)  The  Commission may designate a party state as a host
state while a  regional  facility  is  in  operation  if  the
Commission determines that an additional regional facility is
or may be required to meet the needs of the region.
    h)  Designation  of  a  host  state is for a period of 20
years  or  the  life  of  the  regional  facility  which   is
established  under  that  designation,  whichever is shorter.
Upon request of a host state, the Commission may  modify  the
period of its designation.
    i)  A  host  state  may  establish  a  fee system for any
regional facility within its borders.  The fee  system  shall
be  reasonable  and  equitable. This fee system shall provide
the host state with sufficient revenue  to  cover  any  costs
including,   but   not  limited  to,  the  planning,  siting,
licensure,  operation,  pre-closure  corrective   action   or
clean-up,  monitoring,  inspection, decommissioning, extended
care  and   long-term   liability,   associated   with   such
facilities.  This fee system may provide for payment to units
of local government affected by a regional facility for costs
incurred  in  connection with such facility.  This fee system
may also include reasonable revenue beyond the costs incurred
for the host state, subject to approval  by  the  Commission.
The  fee system shall include incentives for source or volume
reduction and may be based on the hazard  of  the  waste.   A
host  state  shall  submit  an  annual financial audit of the
operation of the regional facility to the Commission.
    j)  A host state shall ensure that  a  regional  facility
located  within  its  borders  which is permanently closed is
properly decommissioned.  A host state shall also provide for
the extended care of  a  closed  or  decommissioned  regional
facility  within  its  borders  so that the public health and
safety of the state and region are ensured, unless,  pursuant
to  the federal Nuclear Waste Policy Act of 1982, the federal
government has assumed title  and  custody  of  the  regional
facility  and  the  federal  government  thereby  has assumed
responsibility to provide  for  the  extended  care  of  such
facility.
    k)  A  host  state intending to close a regional facility
located within its borders shall  notify  the  Commission  in
writing of its intention and the reasons.  Notification shall
be  given  to the Commission at least five years prior to the
intended date of closure.  This Section shall not prevent  an
emergency  closing  of a regional facility by a host state to
protect its air, land and water resources and the health  and
safety  of  its citizens.  However, a host state which has an
emergency closing of a regional  facility  shall  notify  the
Commission in writing within 3 working days of its action and
shall,  within  30  working  days  of its action, demonstrate
justification for the closing.
    l)  If a regional facility closes before an additional or
new facility becomes operational, waste generated within  the
region  may  be shipped temporarily to any location agreed on
by the Commission until a regional facility  is  operational,
provided  that  the  region's  waste shall not be stored in a
party  state  with  a  total  volume  of  waste  recorded  on
low-level radioactive waste manifests for any year  which  is
less  than 10% of  the total volume recorded on the manifests
for the region during the same year.   In determining the 10%
exclusion, there shall not  be  included  waste  recorded  on
low-level  radioactive  waste  manifests  by  a  person whose
principal business is providing a service  by  arranging  for
the   collection,   transportation,   treatment,  storage  or
disposal  of  such  waste,  or  waste  described  in  Article
VII(a)(6).
    m)  A party state which is designated as a host state  by
the Commission and fails to fulfill its obligations as a host
state  may have its privileges under the compact suspended or
membership in the compact revoked by the Commission.
    n)  The host state shall create  an  "Extended  Care  and
Long-Term  Liability  Fund" and shall allocate sufficient fee
revenues, received pursuant to Article VI(i), to provide  for
the costs of:
    1)  decommissioning and other procedures required for the
proper closure of a regional facility;
    2)  monitoring,  inspection and other procedures required
for the proper extended care of a regional facility;
    3)  undertaking  any  corrective   action   or   clean-up
necessary  to  protect  human health and the environment from
radioactive releases from a regional facility;
    4)  compensating  any  person  for  medical   and   other
expenses  incurred  from  damages  to  human health, personal
injuries suffered from damages to human health and damages or
losses to real or personal property,  and  accomplishing  any
necessary  corrective  action or clean-up on real or personal
property caused  by  radioactive  releases  from  a  regional
facility;  the host state may allocate monies in this Fund in
amounts as it deems appropriate to purchase insurance  or  to
make   other   similar   financial   protection  arrangements
consistent with the purposes of this Fund; this Article VI(n)
shall in no manner limit the  financial  responsibilities  of
the site operator under Article VI(o), the party states under
Article  VI(p),  or  any person who sends waste to a regional
facility, under Article VI(q).
    o)  The operator of a regional facility shall purchase an
amount of property and third-party liability insurance deemed
appropriate by the host state,  pay  the  necessary  periodic
premiums  at  all  times  and  make  periodic payments to the
Extended Care and Long-Term Liability Fund as  set  forth  in
Article  VI(n)  for such amounts as the host state reasonably
determines is necessary to provide  for  future  premiums  to
continue  such  insurance coverage, in order to pay the costs
of compensating any person for  medical  and  other  expenses
incurred  from  damages  to  human  health, personal injuries
suffered from damages to human health and damages  or  losses
to real or personal property, and accomplishing any necessary
corrective  action  or  clean-up on real or personal property
caused by radioactive releases from a regional facility.   In
the  event  of such costs resulting from radioactive releases
from a regional facility,  the  host  state  should,  to  the
maximum  extent  possible,  seek  to  obtain monies from such
insurance prior to using monies from the  Extended  Care  and
Long-Term Liability Fund.
    p)  All  party  states  shall  be  liable for the cost of
extended care and long-term liability  in  excess  of  monies
available  from  the  Extended  Care  and Long-Term Liability
Fund, as set forth in Article VI(n) and from the property and
third-party liability  insurance  as  set  forth  in  Article
VI(o).   A  party  state may meet such liability for costs by
levying surcharges  upon  generators  located  in  the  party
state.   The  extent  of such liability shall be based on the
proportionate share of the total volume of  waste  placed  in
the  regional  facility  by  generators  located in each such
party state.  Such liability shall be joint and several among
the party states with a right  of  contribution  between  the
party  states.   However,  this  Section shall not apply to a
party  state  with  a  total  volume  of  waste  recorded  on
low-level radioactive waste manifests for any  year  that  is
less  than 10% of the total volume recorded on such manifests
for the region during the same year.
    q)  Any person who sends waste from outside the region or
waste described in Article VII(a)(6) for  treatment,  storage
or  disposal  at  a regional facility shall be liable for the
cost  of  extended  care  and  long-term  liability  of  that
regional facility in excess of the monies available from  the
Extended  Care  and  Long-Term Liability Fund as set forth in
Article VI(n) and from the property and third-party liability
insurance as set forth in Article VI(o).  The extent  of  the
liability  for the person shall be based on the proportionate
share of the total volume of waste sent by that person to the
regional facility.
          ARTICLE VII.  OTHER LAWS AND REGULATIONS
    a)  Nothing in this compact:
    1)  abrogates or limits the applicability of any  act  of
Congress  or diminishes or otherwise impairs the jurisdiction
of any federal agency  expressly  conferred  thereon  by  the
Congress;
    2)  prevents  the enforcement of any other law of a party
state which is not inconsistent with this compact;
    3)  prohibits any storage or treatment of  waste  by  the
generator on its own premises;
    4)  affects  any  administrative  or  judicial proceeding
pending on the effective date of this compact;
    5)  alters the relations between the respective  internal
responsibility  of  the  government  of a party state and its
subdivisions;
    6)  establishes any right to the  treatment,  storage  or
disposal  at  any  facility  in  the  region  or provides any
authority to prohibit export from the region of waste that is
owned or generated by the United States Department of Energy,
owned or generated by the United States Navy as a  result  of
the  decommissioning  decomissioning of vessels of the United
States Navy, or owned or  generated  as  the  result  of  any
research,  development,  testing  or production of any atomic
weapon; or
    7)  affects the rights and powers of any party  state  or
its  political  subdivisions,  to the extent not inconsistent
with this compact, to regulate and license  any  facility  or
the transportation of waste within its borders or affects the
rights  and powers of any state or its political subdivisions
to tax or impose fees on the waste managed  at  any  facility
within its borders;
    8)  requires  a  party  state to enter into any agreement
with the U.S. Nuclear Regulatory Commission; or
    9)  alters or limits liability of transporters  of  waste

and  owners and operators of sites for their acts, omissions,
conduct or relationships in accordance with applicable laws.
    b)  For purposes of this compact, all state laws or parts
of laws in conflict with this compact are  hereby  superseded
to the extent of the conflict.
    c)  No law, rule, regulation, fee or surcharge of a party
state,  or  of  any of its subdivisions or instrumentalities,
may be applied in a manner which  discriminates  against  the
generators of another party state.
    d)  No  person  who  provides  a service by arranging for
collection, transportation, treatment, storage or disposal of
waste from outside the region shall be allowed to dispose  of
any  waste,  regardless  of  origin,  in  the  region  unless
specifically permitted under an agreement entered into by the
Commission  in  accordance  with  the requirements of Article
III(i)(1).

  ARTICLE VIII.  ELIGIBLE PARTIES, WITHDRAWAL, REVOCATION,
                ENTRY INTO FORCE, TERMINATION
    a)  Eligible parties to this compact  are  the  State  of
Illinois   and   Commonwealth   of   Kentucky.    Eligibility
terminates on April 15, 1985.
    b)  An  eligible  state  becomes  a  party state when the
state enacts the compact into law and pays the membership fee
required in Article III(k)(1).
    c)  The Commission is formed upon the appointment of  the
Commissioners and the tender of the membership fee payable to
the  Commission  by  the    eligible states.  The Governor of
Illinois shall convene the initial meeting of the Commission.
The Commission shall cause legislation to  be  introduced  in
the Congress which grants the consent of the Congress to this
compact,  and  shall  take  action  necessary to organize the
Commission and implement the provisions of this compact.
    d)  Other than the special circumstances  for  withdrawal
in  Section  (f)  of  this  Article,  either  party state may
withdraw from this compact  at  any  time  by  repealing  the
authorizing  legislation,  but  no withdrawal may take effect
until 5 years after the Governor  of  the  withdrawing  state
gives  notice  in writing of the withdrawal to the Commission
and to the Governor of the other state.  Withdrawal does  not
affect  any  liability already incurred by or chargeable to a
party state prior to the time of such withdrawal.   Any  host
state which grants a disposal permit for waste generated in a
withdrawing  state  shall void the permit when the withdrawal
of that state is effective.
    e)  This compact becomes effective July 1,  1984,  or  at
any  date  subsequent  to July 1, 1984, upon enactment by the
eligible states.   However,  Article  IX(b)  shall  not  take
effect  until  the  Congress  has  by  law  consented to this
compact.   The Congress shall have an opportunity to withdraw
such  consent  every  5  years.   Failure  of  the   Congress
affirmatively  to  withdraw  its  consent  has  the effect of
renewing consent  for  an  additional  5  year  period.   The
consent given to this compact by the Congress shall extend to
the power of the region to ban the shipment of waste into the
region   pursuant   to  Article  III(i)(1)  and  to  prohibit
exportation  of  waste  generated  within  the  region  under
Article III(i)(4).
    f)  A state which has been designated a  host  state  may
withdraw  from  the  compact.  The option to withdraw must be
exercised within 90 days of the  date  the  Governor  of  the
designated  state receives written notice of the designation.
Withdrawal becomes  effective  immediately  after  notice  is
given   in   the  following  manner.   The  Governor  of  the
withdrawing  state  shall  give  notice  in  writing  to  the
Commission and to the Governor of each party state.  A  state
which  withdraws from the compact under this Section forfeits
any  funds  already  paid  pursuant  to  this   compact.    A
designated  host state which withdraws from the compact after
90 days and prior to  fulfilling  its  obligations  shall  be
assessed  a  sum the Commission determines to be necessary to
cover the costs borne by the Commission and  remaining  party
states as a result of that withdrawal.

                   ARTICLE IX.  PENALTIES
    a)  Each   party   state   shall  prescribe  and  enforce
penalties against any  person  who  is  not  an  official  of
another state for violation of any provision of this compact.
    b)  Unless  authorized  by  the  Commission  pursuant  to
Article  III(i), or otherwise provided in this compact, after
January 1, 1986 it is a violation of this compact:
    1)  for any person to deposit at a facility in the region
waste from outside the region;
    2)  for any facility in the region to accept  waste  from
outside the region;
    3)  for  any  person to export from the region waste that
is generated within the region;
    4)  for any person to dispose  of  waste  at  a  facility
other than a regional facility;
    5)  for  any  person  to  deposit  at a regional facility
waste described in Article VII(a)(6); or
    6)  for any regional facility to accept  waste  described
in Article VII(a)(6).
    c)  It  is  a violation of this compact for any person to
treat or store waste at a  facility  other  than  a  regional
facility  if  such  treatment or storage is prohibited by the
Commission under Article III(i)(6).
    d)  Each party state acknowledges that the receipt  by  a
host  state  of waste packaged or transported in violation of
applicable laws, rules  or  regulations  may  result  in  the
imposition  of  sanctions by the host state which may include
suspension or revocation of the violator's right of access to
the facility in the host state.
    e)  Each party state has the right to seek legal recourse
against any party state  which  acts  in  violation  of  this
compact.

          ARTICLE X.  SEVERABILITY AND CONSTRUCTION
    The  provisions of this compact shall be severable and if
any phrase, clause, sentence or provision of this compact  is
declared  by a court of competent jurisdiction to be contrary
to the Constitution of any participating state or the  United
States,  or  if  the applicability thereof to any government,
agency, person or circumstance is held invalid, the  validity
of  the  remainder  of  this  compact  and  the applicability
thereof to any government,  agency,  person  or  circumstance
shall  not  be  affected  thereby.   If any provision of this
compact shall be held contrary to  the  Constitution  of  any
state participating therein, the compact shall remain in full
force and effect as to the state affected as to all severable
matters.
(Source: P.A. 87-1166; revised 7-17-97.)

    Section 50.  The Public Officer Prohibited Activities Act
is amended by changing Section 3 as follows:

    (50 ILCS 105/3) (from Ch. 102, par. 3)
    Sec. 3. Prohibited interest in contracts.
    (a)  No  person holding any office, either by election or
appointment under the laws or Constitution of this State, may
be in any manner financially interested directly in  his  own
name   or  indirectly  in  the  name  of  any  other  person,
association, trust, or corporation, in any  contract  or  the
performance  of  any  work  in the making or letting of which
such officer may be called upon  to  act  or  vote.  No  such
officer  may  represent,  either  as  agent or otherwise, any
person, association, trust, or corporation, with  respect  to
any  application or bid for any contract or work in regard to
which such officer may be called upon to vote.  Nor  may  any
such  officer  take  or receive, or offer to take or receive,
either directly or indirectly, any money or  other  thing  of
value  as a gift or bribe or means of influencing his vote or
action in his  official  character.  Any  contract  made  and
procured in violation hereof is void.  This Section shall not
apply   to  any  person  serving  on  an  advisory  panel  or
commission or to any director serving on a hospital  district
board as provided under subsection (a-5) of Section 13 of the
Hospital District Law.
    (b)  However,  any  elected  or  appointed  member of the
governing body may provide materials, merchandise,  property,
services, or labor, subject to the following provisions under
either paragraph (1) or (2):
         (1)  If:
         A.  the   contract   is   with   a   person,   firm,
    partnership,  association,  corporation,  or  cooperative
    association  in  which  such  interested  member  of  the
    governing body of the municipality has less than a 7 1/2%
    share in the ownership; and
         B.  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
         C.  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; and
         D.  such contract is approved by a majority vote  of
    those members 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, or awarded without bidding if  the  amount
    of the contract 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.,
         (2)  If:
         A.  the award of  the  contract  is  approved  by  a
    majority  vote  of the governing body of the municipality
    provided that any such interested  member  shall  abstain
    from voting; and
         B.  the  amount  of  the  contract  does  not exceed
    $2,000; 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 $4,000; 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.
    (b-5)  In addition to the above exemptions,  any  elected
or  appointed  member  of  the  governing  body  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  the  interested  member  of  the
    governing body of the municipality,  advisory  panel,  or
    commission has less than a 1% share in the ownership; and
         B.  the  award  of  the  contract  is  approved by a
    majority vote of the governing body of  the  municipality
    provided  that  any  such interested member shall abstain
    from voting; and
         C.  such interested member  publicly  discloses  the
    nature  and  extent  of  his  interest  before  or during
    deliberations  concerning  the  proposed  award  of   the
    contract; and
         D.  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.
    (c)  A  contract  for  the  procurement of public utility
services by a public entity with a public utility company  is
not  barred  by  this  Section  by one or more members of the
governing body of the  public  entity  being  an  officer  or
employee   of  the  public  utility  company  or  holding  an
ownership interest of no more  than  7  1/2%  in  the  public
utility company, or holding an ownership interest of any size
if  the  public entity is a municipality with 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 governing body of the public entity having such
an interest shall be deemed not to have a prohibited interest
under this Section.
    (d)  Notwithstanding  any other provision of this Section
or any other law to the contrary, until January  1,  1994,  a
member   of  the  city  council  of  a  municipality  with  a
population under 20,000 may purchase  real  estate  from  the
municipality,  at a price of not less than  100% of the value
of the real estate as determined by a written  MAI  certified
appraisal  or  by  a  written  certified appraisal of a State
certified or licensed real estate appraiser, if the  purchase
is  approved  by a unanimous vote of the city council members
then holding  office  (except  for  the  member  desiring  to
purchase   the  real  estate,  who  shall  not  vote  on  the
question).
    (e)  For the purposes of this Section only,  a  municipal
officer  shall  not be deemed interested if the officer is an
employee of a company or owns or holds an interest of  1%  or
less in the municipal officer's individual name in a company,
or  both,  that  company  is  involved  in the transaction of
business with the municipality, and that company's  stock  is
traded on a nationally recognized securities market, provided
the  interested  member: (i) publicly discloses the fact that
he or she is an employee or holds an interest of 1%  or  less
in a company before deliberation of the proposed award of the
contract;   (ii)   refrains  from  evaluating,  recommending,
approving,  deliberating,  or  otherwise   participating   in
negotiation,  approval,  or  both,  of the contract, work, or
business; (iii) abstains from voting  on  the  award  of  the
contract  though  he  or  she shall be considered present for
purposes of establishing a quorum; and (iv) the  contract  is
approved  by  a  majority  vote  of  those  members currently
holding office.
    A municipal officer shall not be deemed interested if the
officer owns or holds an interest of 1% or less, not  in  the
officer's  individual  name  but  through a mutual fund, in a
company, that company  is  involved  in  the  transaction  of
business  with  the municipality, and that company's stock is
traded on a nationally recognized securities market.
(Source: P.A.  90-197,  eff.  1-1-98;  90-364,  eff,  1-1-98;
revised 10-28-97.)

    Section 51.  The Industrial Building Revenue Bond Act  is
amended by changing Section 6 as follows:

    (50 ILCS 445/6) (from Ch. 85, par. 876)
    Sec.  6.  A  resolution  authorizing  issuance  of  bonds
pursuant  to this Act may contain covenants as to (a) the use
and disposition of the income and  revenues  from  industrial
projects  for  which  the  bonds  are  issued,  including the
creation and maintenance of reserves;  (b)  the  issuance  of
other or additional bonds payable from or with respect to the
income  from the industrial projects; (c) the maintenance and
repair of the industrial projects; (d) the  insurance  to  be
carried  on  the  industrial  projects and the disposition of
insurance proceeds; and (e) the terms  and  conditions  under
which   bondholders   or   their  trustees  are  entitled  to
appointment of a receiver by the circuit court with power  to
take  possession  of  an  industrial  project  and  to lease,
maintain, set payments for, and receive and apply income from
the industrial project in the same manner  and  to  the  same
extent as the authority.
    A resolution authorizing issuance of bonds under this Act
may  provide  that the principal and interest on bonds issued
under authority of this Act be secured by a mortgage or trust
deed covering the industrial project for which the bonds  are
issued,  and  include  subsequent improvements or extensions.
The  mortgage  or  trust  deed  may  contain  covenants   and
agreements   to   safeguard  the  bonds.  The  covenants  and
agreements  shall  be  provided   for   in   the   resolution
authorizing  issuance of the bonds and shall be executed in a
manner provided for in  the  resolution.  The  covenants  and
agreements  shall  not  be  inconsistent  with  this  Act.  A
mortgage or deed of trust by which  a  security  interest  is
created,  or a financing statement relating thereto, need not
be filed under the Uniform Commercial Code, or otherwise,  in
order  to  perfect  such  security  interest,  except  in the
records of the authority.
    The provisions  of  this  Act,  resolutions  adopted  and
mortgages  and  trust  deeds executed under authority of this
Act are contracts with the bondholders and  shall  remain  in
effect  until  the principal and interest on the bonds issued
are paid.
    The duties of the authority and its  governing  body  and
officers  under  this  Act, resolutions adopted and mortgages
and trust deeds executed, are  enforceable  enforcible  by  a
bondholder by mandamus, injunction, foreclosure of a mortgage
or  trust  deed  or  other  appropriate  civil  action in the
appropriate circuit court.
(Source: P.A. 83-345; revised 6-27-97.)

    Section 52.  The Counties Code  is  amended  by  changing
Sections  3-7002,  3-7005, 3-14010, 5-1006.5, 5-1012, 5-1093,
5-12001, 5-30004, 5-30011, 6-5002, and 6-12003 as follows:

    (55 ILCS 5/3-7002) (from Ch. 34, par. 3-7002)
    Sec. 3-7002.  Cook County Sheriff's Merit Board. There is
created the Cook County Sheriff's  Merit  Board,  hereinafter
called  the  Board,  consisting of 5 members appointed by the
Sheriff with the advice and  consent  of  the  county  board,
except   that  on  and  after  the  effective  date  of  this
amendatory Act  of  1997,  the  Sheriff  may  appoint  2  two
additional members, with the advice and consent of the county
board,  at  his  or  her  discretion.   Of  the members first
appointed, one shall serve until the third Monday  in  March,
1965 one until the third Monday in March, 1967, and one until
the  third Monday in March, 1969. Of the 2 additional members
first appointed under authority of  this  amendatory  Act  of
1991,  one shall serve until the third Monday in March, 1995,
and one until the third Monday in March, 1997.
    Upon the expiration of the terms of office of those first
appointed (including the 2 additional members first appointed
under authority  of  this  amendatory  Act  of  1991),  their
respective  successors shall be appointed to hold office from
the third Monday in March of the  year  of  their  respective
appointments for a term of 6 years and until their successors
are  appointed  and qualified for a like term.  As additional
members are appointed under authority of this amendatory  Act
of   1997,   their   terms  shall  be  set  to  be  staggered
consistently with the terms of the existing Board members. No
more than 3 members of the Board shall be affiliated with the
same political party, except that as additional  members  are
appointed  by  the Sheriff under authority of this amendatory
Act of 1997, the political affiliation of the Board shall  be
such  that  no  more  than  one-half  of the members plus one
additional member may be affiliated with the  same  political
party.   No  member  shall have held or have been a candidate
for an elective public office within one year  preceding  his
or her appointment.
    The Sheriff may deputize members of the Board.
(Source:  P.A.  90-447,  eff.  8-16-97; 90-511, eff. 8-22-97;
revised 11-17-97.)

    (55 ILCS 5/3-7005) (from Ch. 34, par. 3-7005)
    Sec. 3-7005.  Meetings. As soon as practicable after  the
members  of  the  Board have been appointed, they shall meet,
upon the call of the Sheriff, and shall organize by selecting
a  chairman  and  a  secretary.  The  initial  chairman   and
secretary,  and  their  successors,  shall be selected by the
Board from among its members for a term of 2 years or for the
remainder of their term of office as a member of  the  Board,
whichever  is  the shorter.  Two members Forty percent of the
Board shall  constitute  a  quorum  for  the  transaction  of
business,  except  that  as  additional members are appointed
under authority of this amendatory Act of 1997, the number of
members that must be present to constitute a quorum shall  be
the  number  of  members  that constitute at least 40% of the
Board.  The Board shall hold regular quarterly  meetings  and
such other meetings as may be called by the chairman.
(Source:  P.A.  90-447,  eff.  8-16-97; 90-511, eff. 8-22-97;
revised 11-17-97.)

    (55 ILCS 5/3-14010) (from Ch. 34, par. 3-14010)
    Sec. 3-14010.  Department of Data Processing.  The  Board
of  Commissioners  has  authority  to  create  and maintain a
Department of Data Processing to which may be  assigned  such
powers  as the County Board may deem necessary for the proper
functioning  of  County  government.  This   department   has
authority  to  service  all  County  departments, offices and
agencies established under the Board  of  Commissioners.  The
Board   of  Commissioners  may  enter  into  agreements  with
constitutional  officers  of  county  government   for   such
services  by  the  Department  of  Data Processing within the
respective offices  of  such  elected  county  officers.  The
department  shall  be  headed  by  a  Director,  who shall be
appointed by the President with the advice advise and consent
of the Board of Commissioners.
(Source: P.A. 86-962; revised 6-27-97.)

    (55 ILCS 5/5-1006.5)
    Sec. 5-1006.5.  Special County Retailers' Occupation  Tax
For Public Safety.
    (a)  The county board of any county may impose a tax upon
all  persons  engaged  in  the  business  of selling tangible
personal property, other than  personal  property  titled  or
registered  with  an  agency  of  this State's government, at
retail in the county on the gross  receipts  from  the  sales
made  in the course of business to provide revenue to be used
exclusively for public safety purposes in that county,  if  a
proposition for the tax has been submitted to the electors of
that county and approved by a majority of those voting on the
question.   If  imposed,  this  tax  shall be imposed only in
one-quarter percent increments.  By  resolution,  the  county
board  may  order  the  proposition  to  be  submitted at any
election.  The county clerk shall certify the question to the
proper election authority, who shall submit  the  proposition
at an election in accordance with the general election law.
    The  proposition  shall be in substantially the following
form:
         "Shall (name of county) be authorized  to  impose  a
    public  safety  tax  at the rate of .... upon all persons
    engaged in the  business  of  selling  tangible  personal
    property  at  retail in the county on gross receipts from
    the sales made in the course of their business to be used
    for crime prevention, detention, and other public  safety
    purposes?"
Votes  shall  be recorded as Yes or No.  If a majority of the
electors voting on the proposition vote in favor of  it,  the
county may impose the tax.
    This  additional  tax  may not be imposed on the sales of
food for human consumption that is to  be  consumed  off  the
premises  where  it  is sold (other than alcoholic beverages,
soft drinks, and food which has been prepared  for  immediate
consumption) and prescription and non-prescription medicines,
drugs,   medical   appliances   and  insulin,  urine  testing
materials, syringes, and needles used by diabetics.  The  tax
imposed  by  a  county  under  this  Section  and  all  civil
penalties  that  may  be  assessed  as an incident of the tax
shall be collected and enforced by the Illinois Department of
Revenue.  The certificate of registration that is  issued  by
the  Department to a retailer under the Retailers' Occupation
Tax Act shall permit the retailer to  engage  in  a  business
that  is  taxable  without  registering  separately  with the
Department  under  an  ordinance  or  resolution  under  this
Section.  The Department has full  power  to  administer  and
enforce  this Section, to collect all taxes and penalties due
under this Section, to dispose  of  taxes  and  penalties  so
collected  in  the  manner  provided  in this Section, and to
determine all rights to credit memoranda arising  on  account
of  the  erroneous  payment  of  a  tax or penalty under this
Section.  In the administration of and compliance  with  this
Section,  the  Department and persons who are subject to this
Section shall (i) have the same rights, remedies, privileges,
immunities, powers, and duties, (ii) be subject to  the  same
conditions,   restrictions,   limitations,   penalties,   and
definitions  of  terms,  and  (iii)  employ the same modes of
procedure as are prescribed in Sections 1, 1a, 1a-1, 1d,  1e,
1f, 1i, 1j, 2, 2-5, 2-5.5, 2-10 (in respect to all provisions
contained  in  those  Sections  other  than the State rate of
tax), 2-15 through 2-70, 2a, 2b,  2c,  3  (except  provisions
relating   to   transaction   returns   and  quarter  monthly
payments), 4, 5, 5a, 5b, 5c, 5d, 5e, 5f, 5g, 5h, 5i, 5j,  5k,
5l,  6,  6a,  6b, 6c, 7, 8, 9, 10, 11, 11a, 12, and 13 of the
Retailers' Occupation Tax Act and Section 3-7 of the  Uniform
Penalty  and  Interest  Act  as  if those provisions were set
forth in this Section.
    Persons subject to any tax imposed  under  the  authority
granted  in  this  Section may reimburse themselves for their
sellers' tax liability by separately stating the  tax  as  an
additional charge, which charge may be stated in combination,
in a single amount, with State tax which sellers are required
to  collect under the Use Tax Act, pursuant to such bracketed
schedules as the Department may prescribe.
    Whenever the Department determines that a  refund  should
be made under this Section to a claimant instead of issuing a
credit  memorandum,  the  Department  shall  notify the State
Comptroller, who shall cause the order to be  drawn  for  the
amount  specified and to the person named in the notification
from the Department.  The refund shall be paid by  the  State
Treasurer   out   of  the  County  Public  Safety  Retailers'
Occupation Tax Fund.
    (b)  If a tax has been imposed under  subsection  (a),  a
service occupation tax shall also be imposed at the same rate
upon  all  persons engaged, in the county, in the business of
making sales of service, who, as an incident to making  those
sales  of service, transfer tangible personal property within
the county as an incident to a sale of service. This tax  may
not be imposed on sales of food for human consumption that is
to  be consumed off the premises where it is sold (other than
alcoholic beverages,  soft  drinks,  and  food  prepared  for
immediate  consumption) and prescription and non-prescription
medicines,  drugs,  medical  appliances  and  insulin,  urine
testing materials, syringes, and needles used  by  diabetics.
The tax imposed under this subsection and all civil penalties
that  may  be  assessed  as  an  incident  thereof  shall  be
collected  and  enforced  by  the  Department of Revenue. The
Department has full power  to  administer  and  enforce  this
subsection; to collect all taxes and penalties due hereunder;
to  dispose of taxes and penalties so collected in the manner
hereinafter provided; and to determine all rights  to  credit
memoranda  arising on account of the erroneous payment of tax
or  penalty  hereunder.    In  the  administration  of,   and
compliance  with  this subsection, the Department and persons
who are subject to this paragraph shall  (i)  have  the  same
rights, remedies, privileges, immunities, powers, and duties,
(ii)   be  subject  to  the  same  conditions,  restrictions,
limitations,   penalties,   exclusions,    exemptions,    and
definitions  of  terms,  and  (iii)  employ the same modes of
procedure as are prescribed in Sections 1a-1, 2 (except  that
the   reference  to  State  in  the  definition  of  supplier
maintaining a place of business in this State shall mean  the
county),  2a,  3  through  3-50 (in respect to all provisions
therein other than the State rate of tax), 4 (except that the
reference to the State shall be  to  the  county),  5,  7,  8
(except  that  the  jurisdiction  to which the tax shall be a
debt to the extent indicated in that Section 8 shall  be  the
county),  9  (except  as  to  the  disposition  of  taxes and
penalties collected, and except that the returned merchandise
credit for this tax may not be taken against any State  tax),
10, 11, 12 (except the reference therein to Section 2b of the
Retailers' Occupation Tax Act), 13 (except that any reference
to  the  State shall mean the county), the first paragraph of
Section 15, 16, 17, 18, 19 and 20 of the  Service  Occupation
Tax  Act  and Section 3-7 of the Uniform Penalty and Interest
Act, as fully as if those provisions were set forth herein.
    Persons subject to any tax imposed  under  the  authority
granted in this subsection may reimburse themselves for their
serviceman's  tax  liability by separately stating the tax as
an  additional  charge,  which  charge  may  be   stated   in
combination,   in  a  single  amount,  with  State  tax  that
servicemen are authorized to collect under  the  Service  Use
Tax  Act,  in  accordance  with such bracket schedules as the
Department may prescribe.
    Whenever the Department determines that a  refund  should
be  made  under  this  subsection  to  a  claimant instead of
issuing a credit memorandum, the Department shall notify  the
State  Comptroller,  who  shall cause the warrant to be drawn
for the amount specified, and to the  person  named,  in  the
notification  from  the Department.  The refund shall be paid
by the State  Treasurer  out  of  the  County  Public  Safety
Retailers' Occupation Fund.
    Nothing   in   this  subsection  shall  be  construed  to
authorize the county to impose a tax upon  the  privilege  of
engaging  in any business which under the Constitution of the
United States may not be made the subject of taxation by  the
State.
    (c)  The  Department  shall  immediately  pay over to the
State Treasurer,  ex  officio,  as  trustee,  all  taxes  and
penalties  collected  under this Section to be deposited into
the County Public  Safety  Retailers'  Occupation  Tax  Fund,
which  shall  be an unappropriated trust fund held outside of
the State treasury.  On  or  before  the  25th  day  of  each
calendar  month,  the Department shall prepare and certify to
the Comptroller the disbursement of stated sums of  money  to
the   counties  from  which  retailers  have  paid  taxes  or
penalties to  the  Department  during  the  second  preceding
calendar  month.   The amount to be paid to each county shall
be the amount  (not  including  credit  memoranda)  collected
under this Section during the second preceding calendar month
by the Department plus an amount the Department determines is
necessary to offset any amounts that were erroneously paid to
a  different  taxing  body,  and  not including (i) an amount
equal to  the  amount  of  refunds  made  during  the  second
preceding  calendar  month by the Department on behalf of the
county and (ii) any amount that the Department determines  is
necessary  to  offset  any  amounts  that  were  payable to a
different taxing  body  but  were  erroneously  paid  to  the
county.   Within  10 days after receipt by the Comptroller of
the disbursement certification to the counties  provided  for
in  this  Section  to  be  given  to  the  Comptroller by the
Department, the Comptroller shall  cause  the  orders  to  be
drawn   for   the   respective  amounts  in  accordance  with
directions contained in the certification.
    In addition to the disbursement required by the preceding
paragraph, an allocation shall be made in March of each  year
to   each   county   that  received  more  than  $500,000  in
disbursements under the preceding paragraph in the  preceding
calendar year.  The allocation shall be in an amount equal to
the  average  monthly  distribution  made to each such county
under the preceding paragraph during the  preceding  calendar
year  (excluding  the  2  months  of  highest receipts).  The
distribution made in March of each  year  subsequent  to  the
year  in  which  an  allocation  was  made  pursuant  to this
paragraph and the preceding paragraph shall be reduced by the
amount allocated and disbursed under this  paragraph  in  the
preceding  calendar  year.   The Department shall prepare and
certify to the Comptroller for disbursement  the  allocations
made in accordance with this paragraph.
    (d)  For   the   purpose   of   determining   the   local
governmental unit whose tax is applicable, a retail sale by a
producer  of  coal  or another mineral mined in Illinois is a
sale at retail at the place where the coal or  other  mineral
mined   in  Illinois  is  extracted  from  the  earth.   This
paragraph does not apply to coal or another mineral  when  it
is  delivered  or shipped by the seller to the purchaser at a
point outside Illinois so that the sale is exempt  under  the
United States Constitution as a sale in interstate or foreign
commerce.
    (e)  Nothing  in  this  Section  shall  be  construed  to
authorize  a  county  to  impose  a tax upon the privilege of
engaging in any business that under the Constitution  of  the
United States may not be made the subject of taxation by this
State.
    (e-5)  If  a county imposes a tax under this Section, the
county board may, by ordinance, discontinue or lower the rate
of the tax.  If the county  board  lowers  the  tax  rate  or
discontinues the tax, a referendum must be held in accordance
with  subsection (a) of this Section in order to increase the
rate of the tax or to reimpose the discontinued tax.
    (f)  The  results   of   any   election   authorizing   a
proposition to impose a tax under this Section or effecting a
change in the rate of tax, or any ordinance lowering the rate
or  discontinuing  the  tax, shall be certified by the county
clerk and filed with the Illinois Department of Revenue on or
before the first day of  June.  The  Illinois  Department  of
Revenue  shall  then  proceed  to administer and enforce this
Section or to lower the rate or discontinue the tax,  as  the
case  may  be,  as of the first day of January next following
the filing.
    (g)  When certifying the amount of a monthly disbursement
to a county under this Section, the Department shall increase
or decrease the amounts by an amount necessary to offset  any
miscalculation  of previous disbursements.  The offset amount
shall be the amount erroneously disbursed within the previous
6 months from the time a miscalculation is discovered.
    (h)  This Section may be cited  as  the  "Special  County
Occupation Tax For Public Safety Law".
    (i)  For   purposes  of  this  Section,  "public  safety"
includes  but  is  not  limited  to  fire  fighting,  police,
medical, ambulance, or other emergency services.
(Source: P.A.  89-107,  eff.  1-1-96;  89-718,  eff.  3-7-97;
90-190,  eff.  7-24-97;  90-267,  eff.  7-30-97; 90-552, eff.
12-12-97; 90-562, eff. 12-16-97; revised 12-30-97.)

    (55 ILCS 5/5-1012) (from Ch. 34, par. 5-1012)
    Sec. 5-1012. Issuance of county bonds.  When  the  county
board  of any county deems it necessary to issue county bonds
to enable them to perform any of the duties imposed upon them
by law, they may, by an order, entered of record,  specifying
the  amount  of bonds required, and the object for which they
are to be issued, submit to the legal voters of their county,
at any election, the question of issuing such  county  bonds.
The  county  board  shall  certify the question to the proper
election officials  who  shall  submit  the  question  at  an
election  in  accordance  with  the general election law. The
amount of the bonds so issued shall not exceed, including the
then existing indebtedness of the county,  5.75%  of  on  the
value of such taxable property of such county, as ascertained
by  the  assessment  for  the  State  and  county tax for the
preceding year or, until January 1, 1983, if greater, the sum
that is produced by multiplying the county's  1978  equalized
assessed  valuation  by  the  debt  limitation  percentage in
effect on January  1,  1979.  The  proposition  shall  be  in
substantially  the  following  form:  "For  county bonds", or
"Against county bonds", and if a majority  of  the  votes  on
that  question shall be "For county bonds", such county board
may issue such bonds in  such  denominations  as  the  county
board  may  determine  of  not  less  than  $25 each, payable
respectively, in not less than one, nor more than  20  years,
with  interest payable annually or semi-annually, at the rate
of not  more  than  the  greater  of  (i)  the  maximum  rate
authorized  by  the Bond Authorization Act, as amended at the
time of the making of the contract, or  (ii)  8%  per  annum.
This  Section  shall  not require submission to the voters of
the county of bond issues authorized  to  be  issued  without
such  submission to the voters under Section 5-1027 or 5-1062
or under Division 5-33, 6-6, 6-8 or 6-27 of this Code.
    With respect to instruments  for  the  payment  of  money
issued  under  this Section or its predecessor either before,
on, or after the effective date of Public Act 86-4, it is and
always has been the intention of  the  General  Assembly  (i)
that   the  Omnibus  Bond  Acts  are  and  always  have  been
supplementary  grants  of  power  to  issue  instruments   in
accordance  with  the  Omnibus  Bond  Acts, regardless of any
provision of this Act  or  "An  Act  to  revise  the  law  in
relation  to  counties",  approved  March  31, 1874, that may
appear to be or to have  been  more  restrictive  than  those
Acts,  (ii)  that  the  provisions  of  this  Section  or its
predecessor  are  not  a  limitation  on  the   supplementary
authority  granted  by  the Omnibus Bond Acts, and (iii) that
instruments issued under  this  Section  or  its  predecessor
within  the  supplementary  authority  granted by the Omnibus
Bond Acts are not invalid because of any  provision  of  this
Act  or  "An  Act to revise the law in relation to counties",
approved March 31, 1874, that may appear to  be  or  to  have
been more restrictive than those Acts.
(Source: P.A. 86-962; 86-1028; 86-1463; revised 12-18-97.)

    (55 ILCS 5/5-1093) (from Ch. 34, par. 5-1093)
    Sec.  5-1093.  Federal  funds. A county board may receive
funds from the United States government under the Housing and
Community Development Act of 1974,  Public  Law  93-383;  the
National  Affordable Housing Act of 1990, Public Law 101-625;
and the Housing and Community Development Act of 1992, Public
Law 102-550 and may disburse those  funds  and  other  county
funds  for  community  development  and other housing program
activities.
    The powers granted by this Section shall not be exercised
within the boundaries of any city,  village  or  incorporated
town unless the approval of the corporate authorities of such
municipality is first obtained.
    The  powers  granted  by  this Section are in addition to
powers otherwise possessed by  a  county  and  shall  not  be
construed as as a limitations of such other powers.
(Source: P.A. 88-28; revised 12-18-97.)

    (55 ILCS 5/5-12001) (from Ch. 34, par. 5-12001)
    Sec.   5-12001.  Authority   to   regulate  and  restrict
location and use of structures.
    For the purpose of promoting the public  health,  safety,
morals, comfort and general welfare, conserving the values of
property   throughout   the  county,  lessening  or  avoiding
congestion in the public streets and highways, and  lessening
or  avoiding  the  hazards  to persons and damage to property
resulting from the accumulation or runoff of storm  or  flood
waters, the county board or board of county commissioners, as
the  case  may  be,  of  each county, shall have the power to
regulate and restrict the  location  and  use  of  buildings,
structures  and land for trade, industry, residence and other
uses which may be specified by such board,  to  regulate  and
restrict the intensity of such uses, to establish building or
setback  lines  on  or  along  any street, trafficway, drive,
parkway or  storm  or  floodwater  runoff  channel  or  basin
outside the limits of cities, villages and incorporated towns
which  have  in effect municipal zoning ordinances; to divide
the entire county outside the limits of such cities, villages
and incorporated towns into districts of such number,  shape,
area  and  of such different classes, according to the use of
land and buildings, the  intensity  of  such  use  (including
height  of  buildings  and  structures  and  surrounding open
space) and other classification as may be deemed best  suited
to carry out the purposes of this Division; to prohibit uses,
buildings  or  structures  incompatible with the character of
such districts respectively; and to prevent additions to  and
alteration  or remodeling of existing buildings or structures
in such a way as to avoid the  restrictions  and  limitations
lawfully  imposed  hereunder:  Provided,  that  permits  with
respect  to  the  erection,  maintenance, repair, alteration,
remodeling or extension of buildings or structures used or to
be used for agricultural purposes shall be issued free of any
charge.  The corporate  authorities  of  the  county  may  by
ordinance  require  the  construction  of  fences  around  or
protective  covers  over  previously  constructed  artificial
basins  of  water  dug in the ground and used for swimming or
wading, which are located on private residential property and
intended for the  use  of  the  owner  and  guests.   In  all
ordinances  or resolutions passed under the authority of this
Division,  due  allowance  shall   be   made   for   existing
conditions,   the   conservation   of  property  values,  the
directions of building development to the best  advantage  of
the  entire county, and the uses to which property is devoted
at the time  of  the  enactment  of  any  such  ordinance  or
resolution.
    The  powers by this Division given shall not be exercised
so as to deprive the owner of any existing  property  of  its
use  or  maintenance  for  the  purpose  to  which it is then
lawfully devoted; nor shall they be exercised so as to impose
regulations or require permits with respect to land used  for
agricultural  purposes,  which  includes  the growing of farm
crops, truck garden  crops,  animal  and  poultry  husbandry,
apiculture,      aquaculture,     dairying,     floriculture,
horticulture, nurseries, tree farms,  sod  farms,  pasturage,
viticulture,    and    wholesale    greenhouses   when   such
agricultural purposes constitute the  principal  activity  on
the  land, other than parcels of land consisting of less than
5 acres from which $1,000 or less  of  agricultural  products
were  sold in any calendar year in counties with a population
between 300,000 and 400,000 or in counties  contiguous  to  a
county  with  a  population  between 300,000 and 400,000, and
other than parcels of land consisting of less than 5 acres in
counties with a population in  excess  of  400,000,  or  with
respect  to  the  erection,  maintenance, repair, alteration,
remodeling or extension of buildings or structures used or to
be used for agricultural purposes upon such land except  that
such buildings or structures for agricultural purposes may be
required  to  conform  to  building  or  set  back  lines and
counties may establish a minimum lot size for  residences  on
land  used  for  agricultural  purposes;  nor  shall any such
powers be so exercised as to prohibit the  temporary  use  of
land  for  the  installation,  maintenance  and  operation of
facilities used by contractors  in  the  ordinary  course  of
construction  activities,  except that such facilities may be
required to be located not less  than  1,000  feet  from  any
building  used  for residential purposes, and except that the
period of such temporary use shall not exceed the duration of
the construction contract; nor shall any such powers  include
the  right to specify or regulate the type or location of any
poles, towers, wires, cables, conduits, vaults,  laterals  or
any  other similar distributing equipment of a public utility
as defined in the Public utilities Act, if the public utility
is subject to the Messages Tax Act, the Gas Revenue  Tax  Act
or the Public Utilities Revenue Act, or if such facilities or
equipment  are  located on any rights of way and are used for
railroad purposes, nor shall any such powers be exercised  in
any  respect  as  to  the  facilities,  as defined in Section
5-12001.1, of a telecommunications carrier, as  also  defined
therein,  except to the extent and in the manner set forth in
Section  5-12001.1.   As  used  in  this  Act,  "agricultural
purposes" do not include the extraction of  sand,  gravel  or
limestone,  and  such  activities  may be regulated by county
zoning ordinance even when such activities are related to  an
agricultural purpose.
    Nothing  in  this Division shall be construed to restrict
the  powers  granted  by  statute  to  cities,  villages  and
incorporated towns as to territory contiguous to but  outside
of  the  limits  of  such  cities,  villages and incorporated
towns. Any zoning ordinance enacted by  a  city,  village  or
incorporated  town shall supersede, with respect to territory
within the corporate limits of the municipality,  any  county
zoning  plan  otherwise  applicable.  The  powers  granted to
counties by this Division shall be treated as in addition  to
powers conferred by statute to control or approve maps, plats
or  subdivisions.   In this Division, "agricultural purposes"
include,  without  limitation,   the   growing,   developing,
processing,  conditioning,  or  selling  of hybrid seed corn,
seed beans, seed oats, or other farm seeds.
    Nothing in this Division shall be construed  to  prohibit
the  corporate  authorities  of  a  county  from  adopting an
ordinance that exempts pleasure driveways or park  districts,
as  defined  in  the Park District Code, with a population of
greater than 100,000,  from  the  exercise  of  the  county's
powers under this Division.
(Source:  P.A.  89-654,  eff.  8-14-96;  90-261, eff. 1-1-98;
90-522, eff. 1-1-98; revised 11-4-97.)
    (55 ILCS 5/5-30004) (from Ch. 34, par. 5-30004)
    Sec.  5-30004.   Authority  to   protect   and   preserve
landmarks  and  preservation  districts.  The county board of
each county shall have the following authority:
    (1)  to establish and appoint by ordinance a preservation
study committee and to take any reasonable temporary  actions
to  protect  potential  landmarks  and preservation districts
during the term of an appointed preservation study committee;
    (2)  to establish and appoint by ordinance a preservation
commission  upon  recommendation  of  a  preservation   study
committee;
    (3)  to  conduct  an  ongoing  survey  of  the  county to
identify buildings, structures, areas, sites  and  landscapes
that  are  of  historic,  archaeological,  architectural,  or
scenic  significance,  and  therefore  potential landmarks or
preservation districts;
    (4)  to designate by ordinance landmarks and preservation
districts  upon  the   recommendation   of   a   preservation
commission  and  to establish a system of markers, plaques or
certificates  for  designated  landmarks   and   preservation
districts;
    (5)  to  prepare  maps  showing the location of landmarks
and preservation districts, publish educational  information,
and  prepare  educational  programs  concerning landmarks and
preservation districts and their designation and protection;
    (6)  to exercise any  of  the  powers  and  authority  in
relation  to regional planning and zoning granted counties by
Divisions 5-12 and  5-14,  for  the  purpose  of  protecting,
preserving   and   continuing   the   use  of  landmarks  and
preservation districts;
    (7)  to nominate landmarks and historic districts to  any
state or federal registers of historic places;
    (8)  to  appropriate  and  expend  funds to carry out the
purposes of this Division;
    (9)  to review applications for construction, alteration,
removal or demolition affecting landmarks or property  within
preservation districts;
    (10)  to  acquire  by  negotiated  purchase  any interest
including conservation rights in  landmarks  or  in  property
within   preservation   districts,  or  property  immediately
adjacent  to  or  surrounding   landmarks   or   preservation
districts;
    (11)  to  apply for and accept any gift, grant or bequest
from any private or public source, including agencies of  the
federal  or  State  government, for any purpose authorized by
this Division;
    (12)  to  establish  a  system  for   the   transfer   of
development rights including, as appropriate, a mechanism for
the  deposit  of  development  rights in a development rights
bank, and for the transfer of development  rights  from  that
development  rights bank in the same manner as authorized for
municipalities by Section 11-48.2-2 11-48.2 of  the  Illinois
Municipal Code.  All receipts arising from the transfer shall
be  deposited  in  a  special  county  account  to be applied
against expenditures necessitated by the county  program  for
the  designation and protection of landmarks and preservation
districts.  Any  development   rights   acquired,   sold   or
transferred  from  a  development rights bank, shall not be a
"security" as that term is defined  in  Section  2.1  of  The
Illinois Securities Law of 1953, and shall be exempt from all
requirements for the registration of securities.
    (13)  to  establish  a  loan  or  grant  program from any
source of funds for  designated  landmarks  and  preservation
districts  and  to  issue  interest  bearing revenue bonds or
general obligation bonds pursuant to ordinance enacted by the
county  board,  after  compliance   with   requirements   for
referendum,  payable from the revenues to be derived from the
operation of  any  landmark  or  of  any  property  within  a
preservation district;
    (14)  to  abate  real  property  taxes on any landmark or
property within a  preservation  district  to  encourage  its
preservation  and  continued  use  or  to  provide relief for
owners unduly burdened by designation;
    (15)  to  advise  and  assist  owners  of  landmarks  and
property  within  preservation  districts  on  physical   and
financial aspects of preservation, renovation, rehabilitation
and reuse;
    (16)  to  advise  cities, villages or incorporated towns,
upon request of the appropriate official of the municipality,
concerning enactment of ordinances to  protect  landmarks  or
preservation districts;
    (17)  to  exercise  within  the  boundaries  of any city,
village, or incorporated town any of the powers and authority
granted counties by this Division so long  as  the  corporate
authorities  by  ordinance  or by intergovernmental agreement
pursuant  to  the  Intergovernmental  Cooperation   Act,   or
pursuant  to Article 7, Section 10 of the Constitution of the
State of Illinois have  authorized  the  county  preservation
commission  established  by  authority  of  this  Division to
designate landmarks  or  preservation  districts  within  its
corporate boundaries, and such county preservation commission
shall  have  only  those  powers,  duties and legal authority
provided in this Division;
    (18)  to exercise any of the above powers to preserve and
protect property  owned  by  any  unit  of  local  government
including  counties,  or  to review alteration, construction,
demolition  or  removal  undertaken  by  any  unit  of  local
government  including  counties  that  affect  landmarks  and
preservation districts.
    (19)  to exercise any other power or authority  necessary
or appropriate to carrying out the purposes of this Division,
including  those  powers  and  authorities listed in Sections
5-30010 and 5-30011.
(Source: P.A. 86-962; revised 12-18-97.)

    (55 ILCS 5/5-30011) (from Ch. 34, par. 5-30011)
    Sec.  5-30011.   Authority  of  preservation  commission.
Every preservation commission established by ordinance of the
county board pursuant to the report  and  recommendations  of
the  preservation  study  committee  shall have the following
powers and authority:
    (1)  To conduct  an  ongoing  survey  of  the  county  to
identify  buildings,  structures, areas, sites and landscapes
that  are  of  historic,  archaeological,  architectural,  or
scenic significance, and  therefore  potential  landmarks  or
preservation districts;
    (2)  To  hold public hearings and recommend to the county
board the designation of landmarks or preservation  districts
identified in the survey;
    (3)  To   compile   information  concerning  and  prepare
descriptions of,  the  landmarks  or  preservation  districts
identified   and   recommended   for   designation,  and  the
characteristics that meet the standards for designation;
    (4)  To prepare, keep current, and publish a map or  maps
showing  the  locations and exact boundaries of both proposed
and designated landmarks and preservation districts, and,  if
the  preservation  commission  so  chooses, the locations and
boundaries  of  designated  State  or  federal  landmarks  or
districts;
    (5)  To keep a register of all designated  landmarks  and
preservation districts;
    (6)  To  establish  an  appropriate  system of markers or
plaques  for  all  designated  landmarks   and   preservation
districts,  and  for streets, roads and highways leading from
one landmark or  preservation  district  to  another  and  to
confer  recognition  upon the owners of landmarks or property
within  preservation  districts  by  means  of  certificates,
plaques or markers;
    (7)  To nominate landmarks and historic districts to  any
state or federal registers of historic places;
    (8)  To  advise advice and assist owners of landmarks and
property  within  preservation  districts  on  physical   and
financial aspects of preservation, renovation, rehabilitation
and  reuse,  and  on procedures for inclusion on any state or
federal register of historic places;
    (9)  To inform and educate the  citizens  of  the  county
concerning  the  historic,  archaeological, architectural, or
scenic heritage of the county by publishing appropriate maps,
newsletters, brochures and pamphlets, and by holding programs
and seminars;
    (10)  To hold public hearings and to review  applications
for construction, alteration, removal or demolition affecting
landmarks or property within preservation districts and issue
or deny certificates of appropriateness for such actions;
    (11)  To   consider   applications  for  certificates  of
economic hardship that would allow the  performance  of  work
for  which  a  certificate  of appropriateness may be, or has
been denied;
    (12)  To develop specific criteria and guidelines for the
proper alteration, construction,  demolition  or  removal  of
landmarks, or of property within preservation districts;
    (13)  To    review    proposed   amendments   to   zoning
regulations, applications for special  uses  or  applications
for   zoning   variations   that   affect   any  landmark  or
preservation   district.    Proposed    zoning    amendments,
applications for special use or zoning variations that affect
any  landmark  or  preservation  district  as  defined in the
ordinance establishing the preservation commission  shall  be
transmitted  to  the  preservation  commission for review and
comment prior to the  date  of  the  hearing  by  the  county
regional plan commission or zoning board of appeals;
    (14)  To  administer  on  behalf  of the county board any
property, or full  or  partial  interest  in  real  property,
including  a conservation right, which the county may have or
accept as a gift or otherwise, upon designation by the county
board;
    (15)  To accept and administer on behalf  of  the  county
board such gifts, grants and money or other personal property
as may be appropriate for the purposes of this Division. Such
money  may  be expended for publishing maps and brochures, or
for  hiring  staff  persons  or  consultants  or   performing
otherwise  appropriate  functions for the purpose of carrying
out the duties and powers of the preservation commission  and
the purposes of this Division;
    (16)  To  administer any system established by the county
board for the transfer of development rights;
    (17)  To call upon available county  agencies  and  staff
members as well as other experts for technical advice;
    (18)  To  retain  such  specialists or consultants, or to
appoint  such  citizen,   neighborhood   or   area   advisory
committees, as may be required from time to time;
    (19)  To   testify  before  all  boards  and  commissions
including any county regional plan commission, and the zoning
board  of  appeal  on  any  matter  affecting  potential   or
designated landmarks or preservation districts;
    (20)  To  periodically  review  any  county comprehensive
plan  and  to  develop  a  preservation  component   in   any
comprehensive  plan  of the county and to recommend it to the
county regional plan commission and the county board;
    (21)  To periodically  consult  with  the  county  zoning
administrator  and  review  any  county  zoning ordinance and
building code and to recommend to the  county  regional  plan
commission  and  the  county board any amendments appropriate
for the protection and continued use of landmarks or property
within preservation districts;
    (22)  To adopt rules and procedures for operation of  the
preservation  commission  and  the  conduct  of  hearings and
meetings;
    (23)  To undertake any other action or activity necessary
or appropriate  to  the  implementation  of  its  powers  and
duties,   or  to  implementation  of  the  purposes  of  this
Division.
(Source: P.A. 86-962; revised 12-18-97.)

    (55 ILCS 5/6-5002) (from Ch. 34, par. 6-5002)
    Sec. 6-5002. Resolution authorizing bonds. The resolution
authorizing the issuance of  such  bonds  shall  specify  the
total amount of bonds to be issued, the form and denomination
of the bonds, the date they are to bear, the place where they
are  payable,  the date or dates of maturity, which shall not
be more than 20 years after the date the bonds bear, the rate
of  interest  which  shall  not  exceed  the   maximum   rate
authorized  by  the Bond Authorization Act, as amended at the
time of the making of the contract, and the  dates  on  which
interest is payable.
    Such  resolution  shall  prescribe all the details of the
bonds and shall provide for the  levy  and  collection  of  a
direct annual tax upon all taxable property within the county
sufficient  to  pay  the principal thereof at maturity and to
pay the interest thereon as it falls due, which tax shall not
be subject to any statutory  limitations  relative  to  taxes
which may be extended for county purposes.
    With  respect  to  instruments  for  the payment of money
issued under this Section or its predecessor  either  before,
on, or after the effective date of Public Act 86-4, it is and
always  has  been  the  intention of the General Assembly (i)
that  the  Omnibus  Bond  Acts  are  and  always  have   been
supplementary   grants  of  power  to  issue  instruments  in
accordance with the Omnibus  Bond  Acts,  regardless  of  any
provision  of these Sections 6-5001 through 6-5005 or "An Act
to authorize the issuance of bonds by a  county  having  more
than 500,000 inhabitants for the purchase of voting machines,
and  to  provide for the payment therefor", approved July 20,
1949, that may appear to be or to have been more  restrictive
than  those Acts, (ii) that the provisions of this Section or
its predecessor are not a  limitation  on  the  supplementary
authority  granted  by  the Omnibus Bond Acts, and (iii) that
instruments issued under  this  Section  or  its  predecessor
within  the  supplementary  authority  granted by the Omnibus
Bond Acts are not invalid because of any provision  of  these
Sections  6-5001  through  6-5005 or "An Act to authorize the
issuance of bonds  by  a  county  having  more  than  500,000
inhabitants  ihabitants  for the purchase of voting machines,
and to provide for the payment therefor", approved  July  20,
1949,  that may appear to be or to have been more restrictive
than those Acts.
(Source: P.A. 86-962; 86-1028; revised 7-21-97.)

    (55 ILCS 5/6-12003) (from Ch. 34, par. 6-12003)
    Sec. 6-12003. Issuance  of  bonds;  maturity.  All  bonds
issued  under the provisions of this Division shall be signed
in the name of the county by the chairman of the county board
and shall be countersigned by the county clerk and shall have
the seal of the county attached  thereto.  Such  bonds  shall
mature at such time or times as is fixed by said county board
provided  that all of such bonds shall mature within 20 years
from their date and  bear  interest  at  not  to  exceed  the
maximum  rate  authorized  by  the Bond Authorization Act, as
amended at the time of the making of  the  contract,  payable
annually  or  semi-annually,  and  may  be sold as the county
board may direct at not less than par and  accrued  interest,
and  the proceeds derived from the sale thereof shall be used
solely and only for the payment of such claims, or the  bonds
may  be exchanged par for par for such claims, such bonds may
be delivered from time to time or all at one time.
    With respect to instruments  for  the  payment  of  money
issued  under  this Section or its predecessor either before,
on, or after the effective date of Public Act 86-4, it is and
always has been the intention of  the  General  Assembly  (i)
that   the  Omnibus  Bond  Acts  are  and  always  have  been
supplementary  grants  of  power  to  issue  instruments   in
accordance  with  the  Omnibus  Bond  Acts, regardless of any
provision of this Division or "An Act to authorize any county
having a population of less than 5,000 to issue funding bonds
and to provide for the validation validaton of claims  to  be
paid  by  or  from the proceeds of such bonds, and to provide
for a tax to pay the principal and interest of  said  bonds",
approved  August  15,  1961, that may appear to be or to have
been  more  restrictive  than  those  Acts,  (ii)  that   the
provisions  of  this  Section  or  its  predecessor are not a
limitation on the  supplementary  authority  granted  by  the
Omnibus  Bond  Acts,  and (iii) that instruments issued under
this Section or  its  predecessor  within  the  supplementary
authority  granted  by  the Omnibus Bond Acts are not invalid
because of any provision of  this  Division  or  "An  Act  to
authorize  any  county having a population of less than 5,000
to issue funding bonds and to provide for the  validation  of
claims  to be paid by or from the proceeds of such bonds, and
to provide for a tax to pay the  principal  and  interest  of
said  bonds", approved August 15, 1961, that may appear to be
or to have been more restrictive than those Acts.
(Source: P.A. 86-962; 86-1028; revised 7-21-97.)

    Section 53.  The County Economic Development Project Area
Property Tax Allocation Act is amended by changing Sections 3
and 8 as follows:
    (55 ILCS 85/3) (from Ch. 34, par. 7003)
    Sec. 3.  Definitions.  In this Act, words or terms  shall
have  the following meanings unless the context usage clearly
indicates that another meaning is intended.
    (a)  "Department" means the Department  of  Commerce  and
Community Affairs.
    (b)  "Economic  development  plan" means the written plan
of a county which sets forth an economic development  program
for  an  economic  development  project  area.  Each economic
development plan shall include but  not  be  limited  to  (1)
estimated economic development project costs, (2) the sources
of  funds  to  pay such costs, (3) the nature and term of any
obligations to be issued by the county to pay such costs, (4)
the most recent equalized assessed valuation of the  economic
development  project  area,  (5) an estimate of the equalized
assessed valuation of the economic development  project  area
after  completion  of  the economic development plan, (6) the
estimated date of  completion  of  any  economic  development
project  proposed to be undertaken, (7) a general description
of any proposed developer, user, or tenant of any property to
be  located  or  improved  within  the  economic  development
project area, (8) a description of the  type,  structure  and
general  character  of  the  facilities  to  be  developed or
improved in the economic  development  project  area,  (9)  a
description of the general land uses to apply in the economic
development  project  area,  (10)  a description of the type,
class and number of employees to be employed in the operation
of the facilities to be developed or improved in the economic
development project area and (11) a commitment by the  county
to  fair  employment practices and an affirmative action plan
with respect  to  any  economic  development  program  to  be
undertaken by the county.
    (c)  "Economic development project" means any development
project in furtherance of the objectives of this Act.
    (d)  "Economic   development   project  area"  means  any
improved or vacant area which is located within the corporate
limits of a county and which (1) is within the unincorporated
area of such county, or, with the  consent  of  any  affected
municipality,  is located partially within the unincorporated
area  of  such  county  and  partially  within  one  or  more
municipalities, (2) is contiguous, (3) is  not  less  in  the
aggregate  than  100 acres, (4) is suitable for siting by any
commercial,   manufacturing,    industrial,    research    or
transportation enterprise of facilities to include but not be
limited  to commercial businesses, offices, factories, mills,
processing   plants,   assembly   plants,   packing   plants,
fabricating plants,  industrial  or  commercial  distribution
centers,  warehouses,  repair overhaul or service facilities,
freight terminals, research facilities,  test  facilities  or
transportation  facilities, whether or not such area has been
used at any time for such facilities and whether or  not  the
area  has  been  used  or is suitable for such facilities and
whether or not the area has been  used  or  is  suitable  for
other  uses,  including commercial agricultural purposes, and
(5) which has been certified by the  Department  pursuant  to
this Act.
    (e)  "Economic   development  project  costs"  means  and
includes the sum total of all reasonable or  necessary  costs
incurred  by  a  county incidental to an economic development
project, including, without limitation, the following:
         (1)  Costs of studies, surveys, development of plans
    and specifications, implementation and administration  of
    an  economic development plan, personnel and professional
    service  costs  for  architectural,  engineering,  legal,
    marketing, financial,  planning,  sheriff,  fire,  public
    works  or  other  services,  provided that no charges for
    professional services may be based  on  a  percentage  of
    incremental tax revenue;
         (2)  Property  assembly  costs  within  an  economic
    development  project  area,  including but not limited to
    acquisition of land and other real or  personal  property
    or   rights   or   interests  therein,  and  specifically
    including    payments    to    developers    or     other
    non-governmental  persons  as  reimbursement for property
    assembly  costs  incurred  by  such  developer  or  other
    non-governmental person;
         (3)  Site  preparation  costs,  including  but   not
    limited  to  clearance  of  any  area  within an economic
    development project area by demolition or removal of  any
    existing  buildings,  structures, fixtures, utilities and
    improvements and  clearing  and  grading;  and  including
    installation,  repair,  construction,  reconstruction, or
    relocation of public streets, public utilities, and other
    public site improvements within or  without  an  economic
    development  project  area  which  are  essential  to the
    preparation of the economic development project area  for
    use  in accordance with an economic development plan; and
    specifically including payments to  developers  or  other
    non-governmental   persons   as  reimbursement  for  site
    preparation  costs  incurred   by   such   developer   or
    non-governmental person;
         (4)  Costs     of     renovation,    rehabilitation,
    reconstruction, relocation, repair or remodeling  of  any
    existing  buildings, improvements, and fixtures within an
    economic  development  project  area,  and   specifically
    including     payments    to    developers    or    other
    non-governmental persons as reimbursement for such  costs
    incurred by such developer or non-governmental person;
         (5)  Costs   of   construction  within  an  economic
    development  project   area   of   public   improvements,
    including  but  not  limited  to,  buildings, structures,
    works, improvements, utilities or fixtures;
         (6)  Financing costs, including but not  limited  to
    all  necessary  and  incidental  expenses  related to the
    issuance of obligations, payment of any interest  on  any
    obligations  issued  hereunder  which  accrues during the
    estimated  period  of  construction   of   any   economic
    development project for which such obligations are issued
    and  for  not  exceeding  36  months  thereafter, and any
    reasonable reserves  related  to  the  issuance  of  such
    obligations;
         (7)  All or a portion of a taxing district's capital
    costs  resulting  from  an  economic  development project
    necessarily incurred or estimated to  be  incurred  by  a
    taxing  district  in the furtherance of the objectives of
    an economic development project, to the extent  that  the
    county  by written agreement accepts, approves and agrees
    to incur or to reimburse such costs;
         (8)  Relocation costs to the extent  that  a  county
    determines  that  relocation  costs  shall  be paid or is
    required to make payment of relocation costs  by  federal
    or State law;
         (9)  The  estimated  tax revenues from real property
    in an economic development project  area  acquired  by  a
    county which, according to the economic development plan,
    is  to  be  used  for  a private use and which any taxing
    district would have received had the county  not  adopted
    property   tax   allocation  financing  for  an  economic
    development project area and which would result from such
    taxing district's levies  made  after  the  time  of  the
    adoption   by  the  county  of  property  tax  allocation
    financing to the  time  the  current  equalized  assessed
    value  of  real  property  in  the  economic  development
    project area exceeds the total initial equalized value of
    real property in that area;
         (10)  Costs of rebating ad valorem taxes paid by any
    developer  or  other nongovernmental person in whose name
    the general taxes were paid for the last  preceding  year
    on  any  lot,  block,  tract  or  parcel  of  land in the
    economic development project area, provided that:
              (i)  such economic development project area  is
         located  in  an  enterprise zone created pursuant to
         the Illinois Enterprise Zone Act;
              (ii)  such ad valorem taxes  shall  be  rebated
         only  in such amounts and for such tax year or years
         as the county and any one or  more  affected  taxing
         districts   shall   have  agreed  by  prior  written
         agreement;
              (iii)  any amount of rebate of taxes shall  not
         exceed  the  portion, if any, of taxes levied by the
         county or such taxing district or districts which is
         attributable  to  the  increase   in   the   current
         equalized  assessed  valuation  of each taxable lot,
         block, tract or  parcel  of  real  property  in  the
         economic development project area over and above the
         initial  equalized  assessed  value of each property
         existing  at  the  time  property   tax   allocation
         financing  was adopted for said economic development
         project area; and
              (iv)  costs of rebating ad valorem taxes  shall
         be  paid  by  a  county  solely from the special tax
         allocation fund established pursuant to this Act and
         shall be paid from the proceeds of  any  obligations
         issued by a county.
         (11)  Costs  of  job  training,  advanced vocational
    education or career education programs, including but not
    limited to courses  in  occupational,  semi-technical  or
    technical fields leading directly to employment, incurred
    by one or more taxing districts, provided that such costs
    are  related  to  the  establishment  and  maintenance of
    additional job training, advanced vocational education or
    career education programs for persons employed or  to  be
    employed  by employers located in an economic development
    project area, and further provided, that when such  costs
    are  incurred  by  a  taxing district or taxing districts
    other than the county, they  shall  be  set  forth  in  a
    written  agreement  by or among the county and the taxing
    district or taxing districts, which  agreement  describes
    the  program to be undertaken, including, but not limited
    to, the number of employees to be trained, a  description
    of  the  training and services to be provided, the number
    and type of  positions  available  or  to  be  available,
    itemized costs of the program and sources of funds to pay
    the  same,  and  the  term  of the agreement.  Such costs
    include, specifically, the payment by  community  college
    districts  of  costs pursuant to Section 3-37, 3-38, 3-40
    and 3-40.1 of the Public Community  College  Act  and  by
    school  districts  of costs pursuant to Sections 10-22.20
    and 10-23.3a 10-23.2a of the School Code;
         (12)  Private financing costs incurred by developers
    or other non-governmental persons in connection  with  an
    economic  development project, and specifically including
    payments to developers or other non-governmental  persons
    as   reimbursement   for  such  costs  incurred  by  such
    developer  or  other  non-governmental  persons  provided
    that:
              (A)  private financing costs shall be  paid  or
         reimbursed  by  a  county only pursuant to the prior
         official action of the county evidencing  an  intent
         to pay such private financing costs;
              (B)  except  as provided in subparagraph (D) of
         this Section, the aggregate  amount  of  such  costs
         paid or reimbursed by a county in any one year shall
         not  exceed  30%  of  such costs paid or incurred by
         such developer or other non-governmental  person  in
         that year;
              (C)  private  financing  costs shall be paid or
         reimbursed by a county solely from the  special  tax
         allocation fund established pursuant to this Act and
         shall not be paid or reimbursed from the proceeds of
         any obligations issued by a county;
              (D)  if   there   are   not   sufficient  funds
         available in the special tax allocation fund in  any
         year  to make such payment or reimbursement in full,
         any amount of such private financing costs remaining
         to be paid or reimbursed by a  county  shall  accrue
         and  be  payable  when  funds  are  available in the
         special tax allocation fund to  make  such  payment;
         and
              (E)  in   connection   with  its  approval  and
         certification of  an  economic  development  project
         pursuant  to  Section  5 of this Act, the Department
         shall review any agreement authorizing  the  payment
         or  reimbursement  by  a county of private financing
         costs in its consideration  of  the  impact  on  the
         revenues  of  the  county  and  the  affected taxing
         districts of the  use  of  property  tax  allocation
         financing.
    (f)  "Obligations"  means  any  instrument evidencing the
obligation of  a  county  to  pay  money,  including  without
limitation, bonds, notes, installment or financing contracts,
certificates,  tax  anticipation warrants or notes, vouchers,
and any other evidence of indebtedness.
    (g)  "Taxing districts" means municipalities,  townships,
counties,   and   school,   road,  park,  sanitary,  mosquito
abatement, forest preserve, public health,  fire  protection,
river  conservancy,  tuberculosis  sanitarium  and  any other
county corporations or districts with the power to levy taxes
on real property.
(Source: P.A. 86-1388; revised 12-18-97.)

    (55 ILCS 85/8) (from Ch. 34, par. 7008)
    Sec. 8.  Issuance of obligations for economic development
project  costs.  Obligations  secured  by  the  special   tax
allocation  fund  provided  for  in Section 7 for an economic
development  project  area  may  be  issued  to  provide  for
economic development project costs.  Those obligations,  when
so  issued,  shall  be  retired in the manner provided in the
ordinance authorizing the issuance of the obligations by  the
receipts  of  taxes  levied as specified in Section 6 against
the taxable property included  in  the  economic  development
project  area  and by other revenues designated or pledged by
the county.  A county may in the ordinance pledge all or  any
part  of  the funds in and to be deposited in the special tax
allocation fund created pursuant to Section 7 to the  payment
of  the  economic  development project costs and obligations.
Whenever a county pledges all of the funds to the credit of a
special tax allocation fund to secure obligations  issued  or
to  be  issued to pay economic development project costs, the
county may specifically provide that funds remaining  to  the
credit  of such special tax allocation fund after the payment
of such obligations shall be accounted for annually and shall
be deemed to be "surplus" funds,  and  such  "surplus"  funds
shall  be  distributed  as  hereinafter provided.  Whenever a
county pledges less than all of the monies to the credit of a
special tax allocation fund to secure obligations  issued  or
to  be  issued to pay economic development project costs, the
county shall provide that monies to the credit of  a  special
tax  allocation  fund  and  not  subject  to  such  pledge or
otherwise encumbered or required for payment  of  contractual
obligations  for specified economic development project costs
shall be calculated  annually  and  shall  be  deemed  to  be
"surplus"   funds,   and   such   "surplus"  funds  shall  be
distributed as hereinafter provided.  All funds to the credit
of a special tax allocation  fund  which  are  deemed  to  be
"surplus" funds shall be distributed annually within 180 days
after  the close of the county's fiscal year by being paid by
the county treasurer to the  county  collector.   The  county
collector   shall   thereafter   make   distribution  to  the
respective taxing districts in the same manner and proportion
as the most recent distribution by the  county  collector  to
those  taxing  districts  of  real  property  taxes from real
property in the economic development project area.
    Without limiting the foregoing in this Section the county
may, in addition to obligations secured by  the  special  tax
allocation  fund,  pledge  for  a period not greater than the
term of the obligations towards payment of those  obligations
any  part  or  any  combination  of  the  following:  (i) net
revenues of all or part of any economic development  project;
(ii) taxes levied and collected on any or all property in the
county,  including,  specifically, taxes levied or imposed by
the county in a special service area pursuant to "An  Act  to
provide  the  manner  of  levying  or  imposing taxes for the
provision of special services to areas within the  boundaries
of  home  rule  units  and  non-home  rule municipalities and
counties", approved September 21, 1973; (iii) the full  faith
and  credit  of the county; (iv) a mortgage on part or all of
the economic development project; or (v) any other  taxes  or
anticipated receipts that the county may lawfully pledge.
    Such  obligations  may  be  issued  in one or more series
bearing interest at such  rate  or  rates  as  the  corporate
authorities of the county shall determine by ordinance, which
rate or rates may be variable or fixed, without regard to any
limitations  contained  in any law now in effect or hereafter
adopted.  Such obligations shall bear  such  date  or  dates,
mature  at  such  time  or  times not exceeding 20 years from
their respective dates, but in no event  exceeding  23  years
from  the  date  of establishment of the economic development
project area, be in  such  denomination,  be  in  such  form,
whether   coupon,   registered   or  book-entry,  carry  such
registration, conversion and exchange privileges, be executed
in such manner, be payable in such medium of payment at  such
place  or  places  within  or  without the State of Illinois,
contain such covenants, terms and conditions, be  subject  to
redemption  with or without premium, be subject to defeasance
upon such terms, and have such  rank  or  priority,  as  such
ordinance shall provide.  Obligations issued pursuant to this
Act  may  be  sold at public or private sale at such price as
shall be determined  by  the  corporate  authorities  of  the
counties.   Such  obligations  may,  but  need not, be issued
utilizing the provisions of any one or more  of  the  omnibus
bond  Acts specified in Section 1.33 of "An Act to revise the
law  in  relation  to  the  construction  of  the  statutes",
approved March 5, 1874,  as  such  term  is  defined  in  the
Statute  on Statutes.  No referendum approval of the electors
shall  be  required  as  a  condition  to  the  issuance   of
obligations  pursuant  to this Act except as provided in this
Section.
    In the event the county (i) authorizes  the  issuance  of
obligations pursuant to the authority of this Act and secured
by  the  full  faith and credit of the county or (ii) pledges
taxes levied and collected on any  or  all  property  in  the
county,  which  obligations  or  taxes are not obligations or
taxes authorized under home rule powers pursuant to Section 6
of Article VII of the Illinois Constitution of 1970,  or  are
not  obligations or taxes authorized under "An Act to provide
the manner of levying or imposing taxes for the provision  of
special  services to areas within the boundaries of home rule
units  and  non-home  rule  municipalities   and   counties",
approved  September  21,  1973, the ordinance authorizing the
issuance of those obligations or pledging those  taxes  shall
be  published  within  10  days  after the ordinance has been
adopted,  in  one  or  more  newspapers  having   a   general
circulation  within  the  county.   The  publication  of  the
ordinance  shall  be  accompanied  by  a  notice  of  (1) the
specific  number  of  voters  required  to  sign  a  petition
requesting the questions of the issuance of  the  obligations
or pledging ad valorem taxes to be submitted to the electors;
(2) the time within which the petition must be filed; and (3)
the  date  of  the  prospective referendum.  The county clerk
shall provide a petition form to  any  individual  requesting
one.
    If  no  petition  is  filed  with  the  county  clerk, as
hereinafter provided in this Section, within  21  days  after
the  publication  of the ordinance, the ordinance shall be in
effect.  However, if within that 21 day period a petition  is
filed with the county clerk, signed by electors numbering not
less  than  5% of the number of legal voters who voted at the
last  general  election  in  such  county,  asking  that  the
question of issuing obligations  using  the  full  faith  and
credit  of  the county as security for the cost of paying for
economic development project costs, or of pledging ad valorem
taxes for the payment  of  those  obligations,  or  both,  be
submitted to the electors of the county, the county shall not
be  authorized  to  issue obligations of the county using the
full faith and credit of the county as security  or  pledging
ad  valorem  taxes  for  the payment of those obligations, or
both,  until  the  proposition  has  been  submitted  to  and
approved  by  a  majority  of  the  voters  voting   on   the
proposition  at  a  regularly scheduled election.  The county
shall  certify  the  proposition  to  the   proper   election
authorities  for  submission  in  accordance with the general
election law.
    The ordinance authorizing  the  obligations  may  provide
that  the  obligations  shall contain a recital that they are
issued  pursuant  to  this  Act,  which  recital   shall   be
conclusive  evidence  of their validity and of the regularity
of their issuance.
    In  the  event  the   county   authorizes   issuance   of
obligations  pursuant  to  this Act secured by the full faith
and credit of  the  county,  the  ordinance  authorizing  the
obligations  may  provide  for  the  levy and collection of a
direct annual tax upon all taxable property within the county
sufficient to pay the principal thereof and interest  thereon
as it matures, which levy may be in addition to and exclusive
of  the maximum of all other taxes authorized to be levied by
the county, which levy,  however,  shall  be  abated  to  the
extent  that  monies  from  other  sources  are available for
payment of the  obligations  and  the  county  certifies  the
amount of those monies available to the county clerk.
    A certified copy of the ordinance shall be filed with the
county  clerk  and  shall  constitute  the  authority for the
extension and collection of the taxes to be deposited in  the
special tax allocation fund.
    A  county  may  also  issue its obligations to refund, in
whole or in  part,  obligations  theretofore  issued  by  the
county  under  the authority of this Act, whether at or prior
to maturity.  However, the last  maturity  of  the  refunding
obligations  shall  not  be expressed to mature later than 23
years  from  the  date  of  the  ordinance  establishing  the
economic development project area.
    In the event a county issues obligations under home  rule
powers    and    other   legislative   authority,   including
specifically, "An Act to provide the  manner  of  levying  or
imposing  taxes  for  the  provisions  of special services to
areas within the boundaries of home rule units  and  non-home
rule  municipalities  and  counties",  approved September 21,
1973, the proceeds of which are pledged to pay  for  economic
development project costs, the county may, if it has followed
the  procedures  in  conformance  with this Act, retire those
obligations from funds in the special tax allocation fund  in
amount  and  in  such manner as if those obligations had been
issued pursuant to the provisions of this Act.
    No obligations issued  pursuant  to  this  Act  shall  be
regarded   as   indebtedness  of  the  county  issuing  those
obligations for the purpose of any limitation imposed by law.
    Obligations issued pursuant to  this  Act  shall  not  be
subject  to  the provisions of the Bond Authorization Act "An
Act to authorize public corporations to  issue  bonds,  other
evidences  of  indebtedness  and  tax  anticipation  warrants
subject  to  interest  rate  limitations  set forth therein",
approved May 26, 1979.
(Source: P.A. 86-1388; revised 12-18-97.)

    Section 55.  The Township Code  is  amended  by  changing
Sections 70-15 and 145-20 as follows:

    (60 ILCS 1/70-15)
    Sec.  70-15.  Chief  executive  officer;  fiscal  duties;
penalty for neglect.
    (a)  The supervisor is the chief executive officer of the
township.
    (b)  The  supervisor shall receive and pay out all moneys
raised in the township for defraying township charges, except
those raised for the support of highways and bridges, and for
township library purposes.
    (c)  The supervisor shall,  within  30  days  before  the
annual  township  meeting, prepare and file with the township
clerk a full  statement  of  the  financial  affairs  of  the
township,  showing  (i)  the balance (if any) received by the
supervisor from his or her predecessor in office or from  any
other  source;  (ii)  the  amount of tax levied the preceding
year for the payment of township  indebtedness  and  charges;
(iii) the amount collected and paid over to the supervisor as
supervisor; (iv) the amount paid out by the supervisor and on
what  account,  including  any  amount  paid  out on township
indebtedness,  specifying  the  nature  and  amount  of   the
township  indebtedness,  the amount paid on the indebtedness,
the amount paid on principal, and the amount paid on interest
account; and (v) the  amount  and  kind  of  all  outstanding
indebtedness   due   and  unpaid,  the  amount  and  kind  of
indebtedness not yet due, and when the indebtedness  not  yet
due   will  mature.  The  township  clerk  shall  record  the
statement in the record book of the township as soon as it is
filed and shall post a copy of the statement at the place  of
holding the annual township meeting 2 days before the meeting
is held. The clerk shall also read aloud the statement to the
electors at the annual township meeting.
    (d)  Any   supervisor  or  township  clerk  who  wilfully
neglects to comply with this Section shall forfeit and pay to
the township the sum of not less than $50 nor more than $200.
The amount forfeited shall be sued for and recovered  by  the
township  in  its corporate name and shall be appropriated to
repairs of highways and bridges in the township.
(Source: P.A. 87-847; 88-62; revised 12-18-97.)

    (60 ILCS 1/145-20)
    Sec. 145-20. "Building" or "purchasing" a township  hall,
as  used in this Article, means the purchasing of real estate
upon which to build the township hall or upon which  the  the
township  hall  is  situated, as well as to build or purchase
the township hall.
(Source: P.A. 88-62; revised 7-17-97.)

    Section 56.  The Illinois Municipal Code  is  amended  by
changing   Sections   8-4-15,   8-11-2,   9-2-78,   10-2.1-6,
10-2.1-14,   11-6-2,   11-19.2-1,  11-74-2,  11-74.6-10,  and
11-119.1-12 as follows:

    (65 ILCS 5/8-4-15) (from Ch. 24, par. 8-4-15)
    Sec. 8-4-15. The  ordinance  authorizing  such  refunding
revenue bonds shall prescribe all the details thereof and the
bonds shall be in such form and denomination, payable at such
places,  bear  such date and be executed by such officials as
may be provided in the bond  ordinance.  The  ordinance  also
shall  determine the period of usefulness of the utility. The
refunding revenue bonds shall mature  within  the  determined
period  of usefulness of the utility and shall mature, in any
event, within not to exceed 40 years from their date, and may
be made callable on any interest payment date at a  price  of
par  and  accrued  interest,  after  notice shall be given by
publication or otherwise at any time  or  times  and  in  the
manner as may be provided for in the bond ordinance.
    The ordinance may contain such covenants and restrictions
upon  the  issuance of additional refunding revenue bonds, or
revenue bonds for  the  improvement  and  extension  of  such
utility  or  facility as may be deemed necessary or advisable
for the assurance of the payment  of  the  refunding  revenue
bonds  thereby authorized. Such bonds shall be payable solely
from the revenues derived from such municipally-owned utility
or  facility  and  such  bonds  shall  not,  in  any   event,
constitute  an  indebtedness  of  the municipality within the
meaning of any constitutional or statutory limitation, and it
shall be plainly stated on the face of each bond that it does
not constitute an indebtedness of the municipality within the
meaning of any constitutional or statutory limitation, and it
shall be plainly stated on the face of each bond that it does
not constitute an indebtedness of the municipality within any
constitutional or statutory provision or limitation.
    The validity of any refunding revenue bonds shall  remain
unimpaired,  although  one or more of the officials executing
the same shall cease to be such officer  or  officers  before
delivery thereof, and such bonds shall have all the qualities
of  negotiable instruments under the Law Merchant and Article
3 of the Uniform Commercial Code.
(Source: P.A. 76-826; revised 12-18-97.)

    (65 ILCS 5/8-11-2) (from Ch. 24, par. 8-11-2)
    (Text of Section before amendment by P.A. 90-561)
    Sec.   8-11-2.  The   corporate   authorities   of    any
municipality  may tax any or all of the following occupations
or privileges:
         1.  Persons engaged in the business of  transmitting
    messages by means of electricity or radio magnetic waves,
    or  fiber optics, at a rate not to exceed 5% of the gross
    receipts  from  that  business  originating  within   the
    corporate limits of the municipality.
         2.  Persons engaged in the business of distributing,
    supplying,   furnishing,   or  selling  gas  for  use  or
    consumption within the corporate limits of a municipality
    of 500,000 or fewer population, and not for resale, at  a
    rate not to exceed 5% of the gross receipts therefrom.
         2a.  Persons    engaged    in    the   business   of
    distributing, supplying, furnishing, or selling  gas  for
    use  or  consumption  within  the  corporate  limits of a
    municipality of over  500,000  population,  and  not  for
    resale,  at a rate not to exceed 8% of the gross receipts
    therefrom.  If imposed, this tax shall be paid in monthly
    payments.
         3.  Persons engaged in the business of distributing,
    supplying, furnishing, or selling electricity for use  or
    consumption   within   the   corporate   limits   of  the
    municipality, and not for resale, at a rate not to exceed
    5% of the gross receipts therefrom.
         4.  Persons engaged in the business of distributing,
    supplying,  furnishing,  or  selling  water  for  use  or
    consumption  within   the   corporate   limits   of   the
    municipality, and not for resale, at a rate not to exceed
    5% of the gross receipts therefrom.
    None  of  the  taxes  authorized  by  this Section may be
imposed  with  respect  to  any  transaction  in   interstate
commerce or otherwise to the extent to which the business may
not,  under  the  constitution  and  statutes  of  the United
States, be made the subject of taxation by this State or  any
political sub-division thereof; nor shall any persons engaged
in  the  business  of distributing, supplying, furnishing, or
selling  gas,  water,  or  electricity,  or  engaged  in  the
business of transmitting  messages  be  subject  to  taxation
under  the  provisions of this Section for those transactions
that  are  or  may  become  subject  to  taxation  under  the
provisions of the "Municipal Retailers' Occupation  Tax  Act"
authorized by Section 8-11-1; nor shall any tax authorized by
this Section be imposed upon any person engaged in a business
unless the tax is imposed in like manner and at the same rate
upon  all  persons engaged in businesses of the same class in
the municipality, whether privately or municipally  owned  or
operated.
    Any  of  the  taxes  enumerated in this Section may be in
addition to the payment of money, or  value  of  products  or
services  furnished  to  the  municipality by the taxpayer as
compensation for the use of its  streets,  alleys,  or  other
public  places,  or  installation  and  maintenance  therein,
thereon  or  thereunder  of  poles,  wires,  pipes  or  other
equipment used in the operation of the taxpayer's business.
    (a)  If  the  corporate  authorities  of  any  home  rule
municipality  have adopted an ordinance that imposed a tax on
public utility customers, between July 1, 1971,  and  October
1,  1981,  on the good faith belief that they were exercising
authority pursuant to Section 6 of Article VII  of  the  1970
Illinois   Constitution,   that   action   of  the  corporate
authorities   shall   be   declared    legal    and    valid,
notwithstanding  a  later  decision  of  a  judicial tribunal
declaring the ordinance invalid.  No  municipality  shall  be
required  to  rebate,  refund, or issue credits for any taxes
described in this paragraph, and those taxes shall be  deemed
to  have  been  levied  and  collected in accordance with the
Constitution and laws of this State.
    (b)  In any case in which (i) prior to October 19,  1979,
the corporate authorities of any municipality have adopted an
ordinance  imposing  a  tax authorized by this Section (or by
the predecessor provision of the "Revised Cities and Villages
Act") and have explicitly or in  practice  interpreted  gross
receipts  to include either charges added to customers' bills
pursuant to the provision of paragraph (a) of Section  36  of
the Public Utilities Act or charges added to customers' bills
by  taxpayers  who  are not subject to rate regulation by the
Illinois Commerce Commission for the  purpose  of  recovering
any of the tax liabilities or other amounts specified in such
paragraph (a) of Section 36 of that Act, and (ii) on or after
October  19,  1979,  a  judicial tribunal has construed gross
receipts to exclude  all  or  part  of  those  charges,  then
neither  those municipality nor any taxpayer who paid the tax
shall be required to rebate, refund, or issue credits for any
tax imposed or charge collected from  customers  pursuant  to
the  municipality's interpretation prior to October 19, 1979.
This paragraph reflects a legislative finding that  it  would
be  contrary to the public interest to require a municipality
or its taxpayers to refund taxes or charges  attributable  to
the  municipality's  more  inclusive  interpretation of gross
receipts prior to October 19, 1979, and is  not  intended  to
prescribe or limit judicial construction of this Section. The
legislative  finding  set  forth  in this subsection does not
apply to taxes imposed  after  the  effective  date  of  this
amendatory Act of 1995.
    (c)  (Blank).
    (d)  For  the  purpose  of  the  taxes enumerated in this
Section:
    "Gross receipts" means the consideration received for the
transmission of  messages,  the  consideration  received  for
distributing, supplying, furnishing or selling gas for use or
consumption   and  not  for  resale,  and  the  consideration
received for distributing, supplying, furnishing  or  selling
electricity  for  use  or consumption and not for resale, and
the  consideration  received  for  distributing,   supplying,
furnishing  or  selling  water for use or consumption and not
for resale, and  for  all  services  rendered  in  connection
therewith  valued  in  money,  whether  received  in money or
otherwise, including cash, credit, services and  property  of
every  kind  and  material  and  for  all  services  rendered
therewith,  and  shall be determined without any deduction on
account of the cost of transmitting  such  messages,  without
any  deduction on account of the cost of the service, product
or commodity supplied, the cost of materials used,  labor  or
service  cost,  or  any  other  expenses  whatsoever.  "Gross
receipts" shall not include that portion of the consideration
received  for distributing, supplying, furnishing, or selling
gas, electricity, or water to, or  for  the  transmission  of
messages for, business enterprises described in paragraph (e)
of  this Section to the extent and during the period in which
the exemption authorized by paragraph (e) is in effect or for
school districts or units of local  government  described  in
paragraph  (f)  during  the  period  in  which  the exemption
authorized in paragraph  (f) is in effect.  "Gross  receipts"
shall   not   include   amounts  paid  by  telecommunications
retailers    under    the    Telecommunications     Municipal
Infrastructure Maintenance Fee Act.
    For  utility  bills  issued  on or after May 1, 1996, but
before May 1, 1997,  and  for  receipts  from  those  utility
bills,  "gross  receipts"  does  not include one-third of (i)
amounts added to customers' bills under Section 9-222 of  the
Public  Utilities  Act,  or  (ii) amounts added to customers'
bills by taxpayers who are not subject to rate regulation  by
the   Illinois   Commerce   Commission  for  the  purpose  of
recovering any of the tax liabilities  described  in  Section
9-222  of  the Public Utilities Act. For utility bills issued
on or after May 1, 1997, but before  May  1,  1998,  and  for
receipts  from those utility bills, "gross receipts" does not
include two-thirds of (i) amounts added to  customers'  bills
under  Section  9-222  of  the  Public Utilities Act, or (ii)
amount added to customers' bills by  taxpayers  who  are  not
subject   to   rate   regulation  by  the  Illinois  Commerce
Commission for the purpose  of  recovering  any  of  the  tax
liabilities   described   in  Section  9-222  of  the  Public
Utilities Act. For utility bills issued on or  after  May  1,
1998,  and  for  receipts  from  those  utility bills, "gross
receipts" does not include (i) amounts  added  to  customers'
bills  under  Section  9-222  of the Public Utilities Act, or
(ii) amounts added to customers' bills by taxpayers  who  are
not  subject  to  rate  regulation  by  the Illinois Commerce
Commission for the purpose  of  recovering  any  of  the  tax
liabilities   described   in  Section  9-222  of  the  Public
Utilities Act.
    For purposes of this Section "gross receipts"  shall  not
include  (i)  amounts added to customers' bills under Section
9-221 of the Public Utilities Act, or (ii) charges  added  to
customers'  bills  to recover the surcharge imposed under the
Emergency  Telephone  System  Act.  This  paragraph  is   not
intended  to  nor  does  it make any change in the meaning of
"gross receipts" for the purposes of  this  Section,  but  is
intended  to  remove possible ambiguities, thereby confirming
the  existing  meaning  of  "gross  receipts"  prior  to  the
effective date of this amendatory Act of 1995.
    The words "transmitting messages",  in  addition  to  the
usual  and popular meaning of person to person communication,
shall  include  the  furnishing,  for  a  consideration,   of
services or facilities (whether owned or leased), or both, to
persons in connection with the transmission of messages where
those  persons  do not, in turn, receive any consideration in
connection therewith, but shall not include  such  furnishing
of  services or facilities to persons for the transmission of
messages to the extent that any such services  or  facilities
for   the  transmission  of  messages  are  furnished  for  a
consideration, by those persons to  other  persons,  for  the
transmission of messages.
    "Person"  as  used  in  this  Section  means  any natural
individual, firm, trust,  estate,  partnership,  association,
joint  stock company, joint adventure, corporation, municipal
corporation or political subdivision  of  this  State,  or  a
receiver, trustee, guardian or other representative appointed
by order of any court.
    "Public utility" shall have the meaning ascribed to it in
Section  3-105  of the Public Utilities Act and shall include
telecommunications carriers as defined in Section  13-202  of
that Act.
    In  the  case  of  persons  engaged  in  the  business of
transmitting messages through the use  of  mobile  equipment,
such   as  cellular  phones  and  paging  systems,  the gross
receipts from the  business  shall  be  deemed  to  originate
within  the  corporate  limits  of a municipality only if the
address to which the bills for the service are sent is within
those corporate limits. If,  however,  that  address  is  not
located  within  a municipality that imposes a tax under this
Section, then (i) if the party responsible for  the  bill  is
not an individual, the gross receipts from the business shall
be  deemed  to  originate  within the corporate limits of the
municipality where that party's principal place  of  business
in Illinois is located, and (ii) if the party responsible for
the  bill  is  an  individual,  the  gross  receipts from the
business shall be deemed to originate  within  the  corporate
limits  of  the  municipality  where  that  party's principal
residence in Illinois is located.
    (e)  Any municipality  that  imposes  taxes  upon  public
utilities  pursuant  to this Section whose territory includes
any part  of  an  enterprise  zone  or  federally  designated
Foreign Trade Zone or Sub-Zone may, by a majority vote of its
corporate  authorities,  exempt from those taxes for a period
not exceeding 20 years  any  specified  percentage  of  gross
receipts   of   public   utilities   received  from  business
enterprises that:
         (1)  either (i)  make  investments  that  cause  the
    creation of a minimum of 200 full-time equivalent jobs in
    Illinois,  (ii) make investments of at least $175,000,000
    that cause the creation of a  minimum  of  150  full-time
    equivalent  jobs  in  Illinois, or (iii) make investments
    that cause the retention of a minimum of 1,000  full-time
    jobs in Illinois; and
         (2)  are  either  (i)  located in an Enterprise Zone
    established pursuant to the Illinois Enterprise Zone  Act
    or  (ii)  Department  of  Commerce  and Community Affairs
    designated High Impact Businesses located in a  federally
    designated Foreign Trade Zone or Sub-Zone; and
         (3)  are certified by the Department of Commerce and
    Community  Affairs  as  complying  with  the requirements
    specified in clauses (1) and (2) of this paragraph (e).
    Upon adoption of the ordinance authorizing the exemption,
the municipal clerk shall transmit a copy of  that  ordinance
to  the  Department  of  Commerce and Community Affairs.  The
Department of Commerce and Community Affairs shall  determine
whether  the business enterprises located in the municipality
meet the criteria  prescribed  in  this  paragraph.   If  the
Department  of Commerce and Community Affairs determines that
the business enterprises meet the criteria,  it  shall  grant
certification.   The  Department  of  Commerce  and Community
Affairs shall act upon certification requests within 30  days
after receipt of the ordinance.
    Upon  certification  of  the  business  enterprise by the
Department of Commerce and Community Affairs, the  Department
of Commerce and Community Affairs shall notify the Department
of  Revenue  of the certification.  The Department of Revenue
shall notify the public utilities of the exemption status  of
the  gross  receipts  received  from  the  certified business
enterprises.  Such exemption status shall be effective within
3 months after certification.
    (f)  A  municipality  that  imposes  taxes  upon   public
utilities  under  this  Section  and whose territory includes
part of another unit of local government or a school district
may by ordinance exempt the other unit of local government or
school district from those taxes.
    (g)  The amendment of this Section by Public  Act  84-127
shall  take  precedence  over  any  other  amendment  of this
Section by any  other  amendatory  Act  passed  by  the  84th
General  Assembly  before  the  effective  date of Public Act
84-127.
    (h)  In any case in which, before July 1, 1992, a  person
engaged  in the business of transmitting messages through the
use of mobile equipment, such as cellular phones  and  paging
systems,  has  determined  the  municipality within which the
gross receipts from the business originated by  reference  to
the location of its transmitting or switching equipment, then
(i)  neither  the  municipality to which tax was paid on that
basis nor the taxpayer that paid tax on that basis  shall  be
required to rebate, refund, or issue credits for any such tax
or  charge collected from customers to reimburse the taxpayer
for the tax and (ii) no municipality to which tax would  have
been  paid  with  respect  to  those  gross  receipts  if the
provisions of this amendatory Act of 1991 had been in  effect
before  July  1,  1992,  shall  have  any  claim  against the
taxpayer for any amount of the tax.
(Source: P.A.  89-325,  eff.  1-1-96;  90-16,  eff.  6-16-97;
90-562, eff. 12-16-97.)

    (Text of Section after amendment by P.A. 90-561)
    Sec.   8-11-2.  The   corporate   authorities   of    any
municipality  may tax any or all of the following occupations
or privileges:
         1.  Persons engaged in the business of  transmitting
    messages by means of electricity or radio magnetic waves,
    or  fiber optics, at a rate not to exceed 5% of the gross
    receipts  from  that  business  originating  within   the
    corporate limits of the municipality.
         2.  Persons engaged in the business of distributing,
    supplying,   furnishing,   or  selling  gas  for  use  or
    consumption within the corporate limits of a municipality
    of 500,000 or fewer population, and not for resale, at  a
    rate not to exceed 5% of the gross receipts therefrom.
         2a.  Persons    engaged    in    the   business   of
    distributing, supplying, furnishing, or selling  gas  for
    use  or  consumption  within  the  corporate  limits of a
    municipality of over  500,000  population,  and  not  for
    resale,  at a rate not to exceed 8% of the gross receipts
    therefrom.  If imposed, this tax shall be paid in monthly
    payments.
         3.  The privilege of using or consuming  electricity
    acquired  in  a  purchase  at retail and used or consumed
    within the corporate limits of the municipality at  rates
    not  to exceed the following maximum rates, calculated on
    a monthly basis for each purchaser:
         (i)  For the  first  2,000  kilowatt-hours  used  or
    consumed in a month; 0.61 cents per kilowatt-hour;
         (ii)  For  the  next  48,000  kilowatt-hours used or
    consumed in a month; 0.40 cents per kilowatt-hour;
         (iii)  For the next 50,000  kilowatt-hours  used  or
    consumed in a month; 0.36 cents per kilowatt-hour;
         (iv)  For  the  next  400,000 kilowatt-hours used or
    consumed in a month; 0.35 cents per kilowatt-hour;
         (v)  For the next  500,000  kilowatt-hours  used  or
    consumed in a month; 0.34 cents per kilowatt-hour;
         (vi)  For  the next 2,000,000 kilowatt-hours used or
    consumed in a month; 0.32 cents per kilowatt-hour;
         (vii)  For the next 2,000,000 kilowatt-hours used or
    consumed in a month; 0.315 cents per kilowatt-hour;
         (viii)  For the next 5,000,000  kilowatt-hours  used
    or consumed in a month; 0.31 cents per kilowatt-hour;
         (ix)  For the next 10,000,000 kilowatt-hours used or
    consumed in a month; 0.305 cents per kilowatt-hour; and
         (x)  For  all electricity used or consumed in excess
    of 20,000,000 kilowatt-hours in a month, 0.30  cents  per
    kilowatt-hour.
         If  a municipality imposes a tax at rates lower than
    either the maximum rates specified in this Section or the
    alternative maximum rates  promulgated  by  the  Illinois
    Commerce  Commission,  as  provided  below, the tax rates
    shall be imposed upon the kilowatt  hour  categories  set
    forth  above  with  the same proportional relationship as
    that   which   exists   among   such    maximum    rates.
    Notwithstanding  the  foregoing, until December 31, 2008,
    no municipality shall establish rates that are in  excess
    of  rates  reasonably calculated to produce revenues that
    equal the maximum total revenues such municipality  could
    have   received   under   the   tax  authorized  by  this
    subparagraph in the last full calendar year prior to  the
    effective  date  of  Section 65 of this amendatory Act of
    1997; provided that this shall not be a limitation on the
    amount  of  tax  revenues  actually  collected  by   such
    municipality.
         Upon  the  request of the corporate authorities of a
    municipality, the  Illinois  Commerce  Commission  shall,
    within  90 days after receipt of such request, promulgate
    alternative  rates  for  each  of   these   kilowatt-hour
    categories  that  will  reflect, as closely as reasonably
    practical for that municipality, the distribution of  the
    tax  among classes of purchasers as if the tax were based
    on  a  uniform  percentage  of  the  purchase  price   of
    electricity.    A   municipality   that  has  adopted  an
    ordinance imposing a tax pursuant to subparagraph 3 as it
    existed prior to the effective date of Section 65 of this
    amendatory Act of 1997 may, rather than imposing the  tax
    permitted  by  this  amendatory  Act of 1997, continue to
    impose the tax pursuant to that ordinance with respect to
    gross  receipts  received  from   residential   customers
    through July 31, 1999, and with respect to gross receipts
    from  any  non-residential  customer until the first bill
    issued  to  such  customer  for  delivery   services   in
    accordance  with  Section  16-104 of the Public Utilities
    Act but in no case later than the  last  bill  issued  to
    such  customer  before  December  31,  2000. No ordinance
    imposing the tax permitted by this amendatory Act of 1997
    shall be applicable to any non-residential customer until
    the first bill  issued  to  such  customer  for  delivery
    services  in accordance with Section 16-104 of the Public
    Utilities Act but in no case later  than  the  last  bill
    issued  to  such non-residential customer before December
    31, 2000.
         4.  Persons engaged in the business of distributing,
    supplying,  furnishing,  or  selling  water  for  use  or
    consumption  within   the   corporate   limits   of   the
    municipality, and not for resale, at a rate not to exceed
    5% of the gross receipts therefrom.
    None  of  the  taxes  authorized  by  this Section may be
imposed  with  respect  to  any  transaction  in   interstate
commerce  or otherwise to the extent to which the business or
privilege may not, under the constitution and statutes of the
United States, be made the subject of taxation by this  State
or  any political sub-division thereof; nor shall any persons
engaged  in  the   business   of   distributing,   supplying,
furnishing,   selling   or   transmitting   gas,   water,  or
electricity, or  engaged  in  the  business  of  transmitting
messages,  or  using  or  consuming electricity acquired in a
purchase  at  retail,  be  subject  to  taxation  under   the
provisions of this Section for those transactions that are or
may  become  subject  to taxation under the provisions of the
"Municipal  Retailers'  Occupation  Tax  Act"  authorized  by
Section 8-11-1; nor shall any tax authorized by this  Section
be  imposed  upon  any person engaged in a business or on any
privilege unless the tax is imposed in like manner and at the
same rate upon all persons engaged in businesses of the  same
class  in  the municipality, whether privately or municipally
owned or operated, or exercising the  same  privilege  within
the municipality.
    Any  of  the  taxes  enumerated in this Section may be in
addition to the payment of money, or  value  of  products  or
services  furnished  to  the  municipality by the taxpayer as
compensation for the use of its  streets,  alleys,  or  other
public  places,  or  installation  and  maintenance  therein,
thereon  or  thereunder  of  poles,  wires,  pipes  or  other
equipment used in the operation of the taxpayer's business.
    (a)  If  the  corporate  authorities  of  any  home  rule
municipality  have adopted an ordinance that imposed a tax on
public utility customers, between July 1, 1971,  and  October
1,  1981,  on the good faith belief that they were exercising
authority pursuant to Section 6 of Article VII  of  the  1970
Illinois   Constitution,   that   action   of  the  corporate
authorities   shall   be   declared    legal    and    valid,
notwithstanding  a  later  decision  of  a  judicial tribunal
declaring the ordinance invalid.  No  municipality  shall  be
required  to  rebate,  refund, or issue credits for any taxes
described in this paragraph, and those taxes shall be  deemed
to  have  been  levied  and  collected in accordance with the
Constitution and laws of this State.
    (b)  In any case in which (i) prior to October 19,  1979,
the corporate authorities of any municipality have adopted an
ordinance  imposing  a  tax authorized by this Section (or by
the predecessor provision of the "Revised Cities and Villages
Act") and have explicitly or in  practice  interpreted  gross
receipts  to include either charges added to customers' bills
pursuant to the provision of paragraph (a) of Section  36  of
the Public Utilities Act or charges added to customers' bills
by  taxpayers  who  are not subject to rate regulation by the
Illinois Commerce Commission for the  purpose  of  recovering
any of the tax liabilities or other amounts specified in such
paragraph (a) of Section 36 of that Act, and (ii) on or after
October  19,  1979,  a  judicial tribunal has construed gross
receipts to exclude  all  or  part  of  those  charges,  then
neither  those municipality nor any taxpayer who paid the tax
shall be required to rebate, refund, or issue credits for any
tax imposed or charge collected from  customers  pursuant  to
the  municipality's interpretation prior to October 19, 1979.
This paragraph reflects a legislative finding that  it  would
be  contrary to the public interest to require a municipality
or its taxpayers to refund taxes or charges  attributable  to
the  municipality's  more  inclusive  interpretation of gross
receipts prior to October 19, 1979, and is  not  intended  to
prescribe or limit judicial construction of this Section. The
legislative  finding  set  forth  in this subsection does not
apply to taxes imposed  after  the  effective  date  of  this
amendatory Act of 1995.
    (c)  The  tax  authorized  by  subparagraph  3  shall  be
collected  from  the  purchaser   by the person maintaining a
place of business in this State who delivers the  electricity
to  the  purchaser.   This tax shall constitute a debt of the
purchaser to the person who delivers the electricity  to  the
purchaser and if unpaid, is recoverable in the same manner as
the  original charge for delivering the electricity.  Any tax
required to be collected pursuant to an ordinance  authorized
by  subparagraph  3  and  any  such tax collected by a person
delivering electricity shall constitute a debt  owed  to  the
municipality  by  such  person  delivering  the  electricity,
provided,  that  the  person  delivering electricity shall be
allowed  credit  for  such  tax  related  to  deliveries   of
electricity   the  charges  for  which  are  written  off  as
uncollectible, and provided further, that if such charges are
thereafter  collected,  the  delivering  supplier  shall   be
obligated to remit such tax.  For purposes of this subsection
(c),  any  partial payment not specifically identified by the
purchaser  shall  be  deemed  to  be  for  the  delivery   of
electricity. Persons delivering electricity shall collect the
tax from the purchaser by adding such tax to the gross charge
for  delivering  the electricity, in the manner prescribed by
the municipality.  Persons delivering electricity shall  also
be  authorized to add to such gross charge an amount equal to
3% of the tax to reimburse the person delivering  electricity
for   the  expenses  incurred  in  keeping  records,  billing
customers, preparing and filing returns,  remitting  the  tax
and  supplying data to the municipality upon request.  If the
person delivering electricity fails to collect the  tax  from
the  purchaser,  then  the purchaser shall be required to pay
the tax directly to the municipality in the manner prescribed
by the municipality.  Persons delivering electricity who file
returns pursuant to this paragraph (c) shall, at the time  of
filing  such  return,  pay the municipality the amount of the
tax collected pursuant to subparagraph 3.
    (d)  For the purpose of  the  taxes  enumerated  in  this
Section:
    "Gross receipts" means the consideration received for the
transmission  of  messages,  the  consideration  received for
distributing, supplying, furnishing or selling gas for use or
consumption  and  not  for  resale,  and  the   consideration
received  for  distributing, supplying, furnishing or selling
water for use or consumption and not for resale, and for  all
services  rendered  in  connection therewith valued in money,
whether received  in  money  or  otherwise,  including  cash,
credit,  services and property of every kind and material and
for all services rendered therewith, and shall be  determined
without  any deduction on account of the cost of transmitting
such messages, without any deduction on account of  the  cost
of  the  service,  product or commodity supplied, the cost of
materials used, labor or service cost, or any other  expenses
whatsoever.   "Gross receipts" shall not include that portion
of the consideration received  for  distributing,  supplying,
furnishing,   or  selling  gas,  or  water  to,  or  for  the
transmission of messages for, business enterprises  described
in paragraph (e) of this Section to the extent and during the
period  in which the exemption authorized by paragraph (e) is
in  effect  or  for  school  districts  or  units  of   local
government  described  in  paragraph (f) during the period in
which the exemption authorized in paragraph (f) is in effect.
"Gross  receipts"  shall  not   include   amounts   paid   by
telecommunications  retailers  under  the  Telecommunications
Municipal Infrastructure Maintenance Fee Act.
    For  utility  bills  issued  on or after May 1, 1996, but
before May 1, 1997,  and  for  receipts  from  those  utility
bills,  "gross  receipts"  does  not include one-third of (i)
amounts added to customers' bills under Section 9-222 of  the
Public  Utilities  Act,  or  (ii) amounts added to customers'
bills by taxpayers who are not subject to rate regulation  by
the   Illinois   Commerce   Commission  for  the  purpose  of
recovering any of the tax liabilities  described  in  Section
9-222  of  the Public Utilities Act. For utility bills issued
on or after May 1, 1997, but before  May  1,  1998,  and  for
receipts  from those utility bills, "gross receipts" does not
include two-thirds of (i) amounts added to  customers'  bills
under  Section  9-222  of  the  Public Utilities Act, or (ii)
amount added to customers' bills by  taxpayers  who  are  not
subject   to   rate   regulation  by  the  Illinois  Commerce
Commission for the purpose  of  recovering  any  of  the  tax
liabilities   described   in  Section  9-222  of  the  Public
Utilities Act. For utility bills issued on or  after  May  1,
1998,  and  for  receipts  from  those  utility bills, "gross
receipts" does not include (i) amounts  added  to  customers'
bills  under  Section  9-222  of the Public Utilities Act, or
(ii) amounts added to customers' bills by taxpayers  who  are
not  subject  to  rate  regulation  by  the Illinois Commerce
Commission for the purpose  of  recovering  any  of  the  tax
liabilities   described   in  Section  9-222  of  the  Public
Utilities Act.
    For purposes of this Section "gross receipts"  shall  not
include  (i)  amounts added to customers' bills under Section
9-221 of the Public Utilities Act, or (ii) charges  added  to
customers'  bills  to recover the surcharge imposed under the
Emergency  Telephone  System  Act.  This  paragraph  is   not
intended  to  nor  does  it make any change in the meaning of
"gross receipts" for the purposes of  this  Section,  but  is
intended  to  remove possible ambiguities, thereby confirming
the  existing  meaning  of  "gross  receipts"  prior  to  the
effective date of this amendatory Act of 1995.
    The words "transmitting messages",  in  addition  to  the
usual  and popular meaning of person to person communication,
shall  include  the  furnishing,  for  a  consideration,   of
services or facilities (whether owned or leased), or both, to
persons in connection with the transmission of messages where
those  persons  do not, in turn, receive any consideration in
connection therewith, but shall not include  such  furnishing
of  services or facilities to persons for the transmission of
messages to the extent that any such services  or  facilities
for   the  transmission  of  messages  are  furnished  for  a
consideration, by those persons to  other  persons,  for  the
transmission of messages.
    "Person"  as  used  in  this  Section  means  any natural
individual, firm, trust,  estate,  partnership,  association,
joint  stock  company,  joint adventure, corporation, limited
liability company, municipal corporation, the State or any of
its political subdivisions, any State university  created  by
statute,   or   a   receiver,   trustee,  guardian  or  other
representative appointed by order of any court.
    "Person maintaining a place of business  in  this  State"
shall  mean  any  person  having  or  maintaining within this
State, directly or by a subsidiary  or  other  affiliate,  an
office,    generation    facility,   distribution   facility,
transmission  facility,  sales  office  or  other  place   of
business,  or  any  employee,  agent, or other representative
operating within this State under the authority of the person
or its subsidiary or other affiliate, irrespective of whether
such place of business or agent or  other  representative  is
located  in this State permanently or temporarily, or whether
such person, subsidiary or other  affiliate  is  licensed  or
qualified to do business in this State.
    "Public utility" shall have the meaning ascribed to it in
Section  3-105  of the Public Utilities Act and shall include
telecommunications carriers as defined in Section  13-202  of
that Act and alternative retail electric suppliers as defined
in Section 16-102 of that Act.
    "Purchase  at  retail"  shall  mean  any  acquisition  of
electricity   by   a   purchaser   for  purposes  of  use  or
consumption, and not for resale, but shall  not  include  the
use  of  electricity  by  a  public  utility  directly in the
generation, production, transmission,  delivery  or  sale  of
electricity.
    "Purchaser"  shall  mean any person who uses or consumes,
within the corporate limits of the municipality,  electricity
acquired in a purchase at retail.
    In  the  case  of  persons  engaged  in  the  business of
transmitting messages through the use  of  mobile  equipment,
such   as  cellular  phones  and  paging  systems,  the gross
receipts from the  business  shall  be  deemed  to  originate
within  the  corporate  limits  of a municipality only if the
address to which the bills for the service are sent is within
those corporate limits. If,  however,  that  address  is  not
located  within  a municipality that imposes a tax under this
Section, then (i) if the party responsible for  the  bill  is
not an individual, the gross receipts from the business shall
be  deemed  to  originate  within the corporate limits of the
municipality where that party's principal place  of  business
in Illinois is located, and (ii) if the party responsible for
the  bill  is  an  individual,  the  gross  receipts from the
business shall be deemed to originate  within  the  corporate
limits  of  the  municipality  where  that  party's principal
residence in Illinois is located.
    (e)  Any municipality  that  imposes  taxes  upon  public
utilities  or  upon  the  privilege  of  using  or  consuming
electricity pursuant to this Section whose territory includes
any  part  of  an  enterprise  zone  or  federally designated
Foreign Trade Zone or Sub-Zone may, by a majority vote of its
corporate authorities, exempt from those taxes for  a  period
not  exceeding  20  years  any  specified percentage of gross
receipts of public utilities received  from,  or  electricity
used or consumed by, business enterprises that:
         (1)  either  (i)  make  investments  that  cause the
    creation of a minimum of 200 full-time equivalent jobs in
    Illinois, (ii) make investments of at least  $175,000,000
    that  cause  the  creation  of a minimum of 150 full-time
    equivalent jobs in Illinois, or  (iii)  make  investments
    that  cause the retention of a minimum of 1,000 full-time
    jobs in Illinois; and
         (2)  are either (i) located in  an  Enterprise  Zone
    established  pursuant to the Illinois Enterprise Zone Act
    or (ii) Department  of  Commerce  and  Community  Affairs
    designated  High Impact Businesses located in a federally
    designated Foreign Trade Zone or Sub-Zone; and
         (3)  are certified by the Department of Commerce and
    Community Affairs  as  complying  with  the  requirements
    specified in clauses (1) and (2) of this paragraph (e).
    Upon adoption of the ordinance authorizing the exemption,
the  municipal  clerk shall transmit a copy of that ordinance
to the Department of Commerce  and  Community  Affairs.   The
Department  of Commerce and Community Affairs shall determine
whether the business enterprises located in the  municipality
meet  the  criteria  prescribed  in  this  paragraph.  If the
Department of Commerce and Community Affairs determines  that
the  business  enterprises  meet the criteria, it shall grant
certification.  The  Department  of  Commerce  and  Community
Affairs  shall act upon certification requests within 30 days
after receipt of the ordinance.
    Upon certification of  the  business  enterprise  by  the
Department  of Commerce and Community Affairs, the Department
of Commerce and Community Affairs shall notify the Department
of Revenue of the certification.  The Department  of  Revenue
shall  notify the public utilities of the exemption status of
the gross receipts received from, and the electricity used or
consumed  by,  the  certified  business  enterprises.    Such
exemption  status  shall  be  effective within 3 months after
certification.
    (f)  A  municipality  that  imposes  taxes  upon   public
utilities  or  upon  the  privilege  of  using  or  consuming
electricity  under  this Section and whose territory includes
part of another unit of local government or a school district
may by ordinance exempt the other unit of local government or
school district from those taxes.
    (g)  The amendment of this Section by Public  Act  84-127
shall  take  precedence  over  any  other  amendment  of this
Section by any  other  amendatory  Act  passed  by  the  84th
General  Assembly  before  the  effective  date of Public Act
84-127.
    (h)  In any case in which, before July 1, 1992, a  person
engaged  in the business of transmitting messages through the
use of mobile equipment, such as cellular phones  and  paging
systems,  has  determined  the  municipality within which the
gross receipts from the business originated by  reference  to
the location of its transmitting or switching equipment, then
(i)  neither  the  municipality to which tax was paid on that
basis nor the taxpayer that paid tax on that basis  shall  be
required to rebate, refund, or issue credits for any such tax
or  charge collected from customers to reimburse the taxpayer
for the tax and (ii) no municipality to which tax would  have
been  paid  with  respect  to  those  gross  receipts  if the
provisions of this amendatory Act of 1991 had been in  effect
before  July  1,  1992,  shall  have  any  claim  against the
taxpayer for any amount of the tax.
(Source: P.A.  89-325,  eff.  1-1-96;  90-16,  eff.  6-16-97;
90-561,  eff.  8-1-98;   90-562,   eff.   12-16-97;   revised
12-29-97.)
    (65 ILCS 5/9-2-78) (from Ch. 24, par. 9-2-78)
    Sec.  9-2-78.  If  an appeal is taken on any part of such
judgment, and if the board elects elect to proceed  with  the
improvement,  notwithstanding such an appeal, as provided for
in Section 9-2-102, the  clerk  shall  certify  the  appealed
portion, from time to time, in the manner above mentioned, as
the   judgment   is   rendered   thereon,   and  the  warrant
accompanying this certificate in each case shall be authority
for the collection  of  so  much  of  the  assessment  as  is
included in the portion of the roll thereto attached.
    The  warrant  in  all  cases  of  assessment,  under this
Division 2, shall contain a copy of the  certificate  of  the
judgment describing lots, blocks, tracts, and parcels of land
assessed  so  far as they are contained in the portion of the
roll so certified, and shall  state  the  respective  amounts
assessed  on  each  lot, block, tract, or parcel of land, and
shall be delivered to the officer authorized to  collect  the
special  assessment.   The collector having a warrant for any
assessment levied to be paid by installments may receive  any
or  all  of  the  installments  of that assessment, but if he
receives only a part  of  the  installments,  then  he  shall
receive them in their numerical order.
(Source: Laws 1961, p. 576; revised 8-7-97.)

    (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.
    (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. A board of fire and police commissioners  may,  by
its  rules,  require  police  applicants  to have obtained an
associate's degree or a bachelor's degree as  a  prerequisite
for  employment.   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. 89-52,  eff.  6-30-95;  90-445,  eff.  8-16-97;
90-481, eff. 8-17-97; revised 11-17-97.)

    (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. Applicants  who
have been awarded a certificate attesting to their successful
completion  of  the  Minimum  Standards Basic Law Enforcement
Training Course, as provided in the Illinois Police  Training
Act, may be given preference in appointment over noncertified
applicants.
    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;  90-455,  eff.  8-16-97;
90-481, eff. 8-17-97; revised 11-17-97.)

    (65 ILCS 5/11-6-2) (from Ch. 24, par. 11-6-2)
    Sec.   11-6-2.   The   corporate   authorities   of  each
municipality may  contract  with  fire  protection  districts
organized under "An Act to create Fire Protection Districts,"
approved July 8, 1927, as now or hereafter amended, which are
adjacent  to  the  municipality,  for  the furnishing of fire
protection service for property located within the  districts
but  outside  the  limits of the municipality, and may supply
fire protection service to the owners of property which  lies
outside  the  limits  of  the  municipality and may set up by
ordinance a scale of charges changes therefor. The  corporate
authorities of any municipality shall provide fire protection
service  for  public  school  buildings  situated outside the
municipality in accordance with Section 16-10 of "The  School
Code".
(Source: P.A. 76-1791; revised 12-18-97.)

    (65 ILCS 5/11-19.2-1) (from Ch. 24, par. 11-19.2-1)
    Sec.  11-19.2-1.  Definitions.  As used in this Division,
unless the context requires otherwise:
    (a)  "Code" means any municipal ordinance  that  pertains
to  or  regulates:  sanitation practices; forestry practices;
the attachment of bills or notices to  public  property;  the
definition, identification and abatement of public nuisances;
and the accumulation, disposal and transportation of garbage,
refuse and other forms of solid waste in a municipality.
    (b)  "Sanitation  inspector"  means  a municipal employee
authorized to issue citations  for  code  violations  and  to
conduct  inspections  of public or private real property in a
municipality to determine if code violations exist.
    (c)  "Property owner" means the legal or beneficial owner
of an improved or unimproved parcel of real estate.
    (d)  "Hearing  officer"  means  a  person  other  than  a
sanitation inspector or law enforcement  officer  having  the
following powers and duties:
         (1)  to  preside at an administrative hearing called
    to determine whether or not a code violation exists;
         (2)  to hear testimony and accept evidence from  the
    sanitation  inspector,  the respondent and all interested
    parties relevant to the existence of a code violation;
         (3)  to preserve and authenticate the record of  the
    hearing  and  all exhibits and evidence introduced at the
    hearing;
         (4)  to issue and sign a written  finding,  decision
    and order stating whether a code violation exists; and
         (5)  to  impose penalties consistent with applicable
    code provisions and to assess costs reasonably related to
    instituting the proceeding upon  finding  the  respondent
    liable for the charged violation, provided, however, that
    in  no event shall the hearing officer have the authority
    to impose a penalty of incarceration.
    (e)  "Respondent" means a property owner, waste hauler or
other person charged  with  liability  for  an  alleged  code
violation  and  the person to whom the notice of violation is
directed.
    (f)  "Solid waste" means demolition materials,  food  and
industrial  processing  wastes,  garden  trash, land cleaning
wastes, mixed refuse, non-combustible  refuse,  rubbish,  and
trash as those terms are defined in Section 1653 of the Solid
Waste Disposal District Act.
    (g)  "Waste   hauler"   means   any   person   owning  or
controlling any vehicle used to carry or  transport  garbage,
refuse or other forms of solid waste.
(Source: P.A. 86-1364; revised 8-7-97.)

    (65 ILCS 5/11-74-2) (from Ch. 24, par. 11-74-2)
    Sec. 11-74-2. Whenever used in this Division 74, unless a
different meaning clearly appears from the context:
    (1)  "Industrial  project" means any (a) capital project,
including  one  or  more  buildings  and  other   structures,
improvements,  machinery  and equipment whether or not on the
same site  or  sites  now  existing  or  hereafter  acquired,
suitable  for use by any manufacturing, industrial, research,
transportation or commercial enterprise,  including  but  not
limited  to,  use  as  a  factory,  mill,  processing  plant,
assembly  plant,  packaging  plant, fabricating plant, office
building, industrial distribution center, warehouse,  repair,
overhaul  or  service  facility,  freight  terminal, research
facility, test facility,  railroad  facility,  or  commercial
facility,  and  including  also  the  sites thereof and other
rights in land therefor whether improved or unimproved,  site
preparation   and  landscaping,  and  all  appurtenances  and
facilities  incidental  thereto  such  as  utilities,  access
roads,  railroad   sidings,   truck   docking   and   similar
facilities,  parking facilities, dockage, wharfage, and other
improvements necessary or  convenient  thereto;  or  (b)  any
land,   buildings,   machinery  or  equipment  comprising  an
addition to, or renovation, rehabilitation or improvement  of
any existing capital project; (c) construction, remodeling or
conversion  of  a  structure  to  be  leased  to the Illinois
Department of Corrections for the purposes of its serving  as
a  correctional institution or facility pursuant to paragraph
(c) of Section 3-2-2 of the Unified Code of  Corrections;  or
(d)  construction, remodeling or conversion of a structure to
be leased to the Department of  Central  Management  Services
for  the  purpose  of serving as a State facility pursuant to
Section 67.25 of the Civil Administrative Code of Illinois.
    (2)  "Municipality"  includes  any   city,   village   or
incorporated town in this State.
(Source: P.A. 84-946; revised 7-21-97.)

    (65 ILCS 5/11-74.6-10)
    Sec. 11-74.6-10.  Definitions.
    (a)  "Environmentally   contaminated   area"   means  any
improved  or  vacant  area  within  the   boundaries   of   a
redevelopment  project  area  located  within  the  corporate
limits   of  a  municipality  when,  (i)  there  has  been  a
determination of release or substantial threat of release  of
a  hazardous  substance  or  pesticide,  by the United States
Environmental Protection Agency or the Illinois Environmental
Protection Agency, or the Illinois Pollution  Control  Board,
or  any  court, or a release or substantial threat of release
which is addressed as part of  the  Pre-Notice  Site  Cleanup
Program  under  Section 22.2(m) of the Illinois Environmental
Protection Act, or a release or substantial threat of release
of  petroleum   under   Section   22.12   of   the   Illinois
Environmental  Protection  Act,  and  (ii)  which  release or
threat of release presents an imminent and substantial danger
to public health or welfare or presents a significant  threat
to  public health or the environment, and (iii) which release
or threat of release would have a significant impact  on  the
cost of redeveloping the area.
    (b)  "Department"  means  the  Department of Commerce and
Community Affairs.
    (c)  "Industrial park" means an area in  a  redevelopment
project   area   suitable   for  use  by  any  manufacturing,
industrial,  research,  or  transportation   enterprise,   of
facilities,  including  but  not limited to factories, mills,
processing   plants,   assembly   plants,   packing   plants,
fabricating plants, distribution centers, warehouses,  repair
overhaul  or  service facilities, freight terminals, research
facilities,  test  facilities  or  railroad  facilities.   An
industrial  park  may  contain space for commercial and other
use as long as the expected principal  use  of  the  park  is
industrial  and  is  reasonably  expected  to  result  in the
creation of a significant number of new  permanent full  time
jobs.  An industrial park may also contain related operations
and  facilities  including,  but not limited to, business and
office  support  services  such  as  centralized   computers,
telecommunications,  publishing, accounting, photocopying and
similar activities and employee services such as child  care,
health   care,   food  service  and  similar  activities.  An
industrial park  may  also  include  demonstration  projects,
prototype  development,  specialized  training  on developing
technology,  and  pure  research  in  any  field  related  or
adaptable to business and industry.
    (d)  "Research park" means an  area  in  a  redevelopment
project  area  suitable  for  development  of  a  facility or
complex  that  includes  research  laboratories  and  related
operations.  These related operations may  include,  but  are
not  limited to, business and office support services such as
centralized   computers,   telecommunications,    publishing,
accounting, photocopying and similar activities, and employee
services  such  as  child care, health care, food service and
similar activities. A research park may include demonstration
projects,  prototype  development,  specialized  training  on
developing technology, and pure research in any field related
or adaptable to business and industry.
    (e)  "Industrial park conservation area"  means  an  area
within the boundaries of a redevelopment project area located
within the corporate limits of a municipality or within 1 1/2
miles  of  the corporate limits of a municipality if the area
is to be annexed to the municipality, if the area is zoned as
industrial no later than the date on which  the  municipality
by  ordinance  designates the redevelopment project area, and
if the area includes improved or vacant land suitable for use
as an industrial park or a research  park,  or  both.  To  be
designated  as an industrial park conservation area, the area
shall also satisfy one of the following standards:
         (1)  Standard One: The municipality must be a  labor
    surplus  municipality  and  the  area  must  be served by
    adequate public and or road transportation for access  by
    the unemployed and for the movement of goods or materials
    and  the redevelopment project area shall contain no more
    than  2%  of  the  most  recently  ascertained  equalized
    assessed value  of all taxable real properties within the
    corporate limits of the municipality after adjustment for
    all annexations associated with the establishment of  the
    redevelopment  project area or be located in the vicinity
    of a waste disposal site or other  waste  facility.   The
    project plan shall include a plan for and shall establish
    a  marketing program to attract appropriate businesses to
    the proposed industrial park conservation area and  shall
    include  an  adequate plan for financing and construction
    of  the  necessary   infrastructure.   No   redevelopment
    projects  may  be  authorized  by  the municipality under
    Standard One of subsection (e) of this Section unless the
    project plan also provides  for  an  employment  training
    project that would prepare unemployed workers for work in
    the  industrial  park  conservation area, and the project
    has been approved by official  action  of  or  is  to  be
    operated  by the local community college district, public
    school district or state or  locally  designated  private
    industry council or successor agency, or
         (2)  Standard   Two:  The  municipality  must  be  a
    substantial labor surplus municipality and the area  must
    be  served  by adequate public and or road transportation
    for access by the unemployed  and  for  the  movement  of
    goods  or  materials  and  the redevelopment project area
    shall contain no  more  than  2%  of  the  most  recently
    ascertained  equalized assessed value of all taxable real
    properties   within   the   corporate   limits   of   the
    municipality  after  adjustment   for   all   annexations
    associated  with  the  establishment of the redevelopment
    project area. No redevelopment projects may be authorized
    by the municipality under Standard Two of subsection  (e)
    of this Section unless the project plan also provides for
    an   employment   training  project  that  would  prepare
    unemployed  workers  for  work  in  the  industrial  park
    conservation area, and the project has been  approved  by
    official  action  of  or  is  to be operated by the local
    community college district,  public  school  district  or
    state  or  locally designated private industry council or
    successor agency.
    (f)  "Vacant  industrial  buildings  conservation   area"
means  an  area  containing  one or more industrial buildings
located within the corporate limits of the municipality  that
has  been  zoned  industrial  for at least 5 years before the
designation of that area as a redevelopment project  area  by
the  municipality  and  is  planned for reuse principally for
industrial purposes. For the  area  to  be  designated  as  a
vacant industrial buildings conservation area, the area shall
also satisfy one of the following standards:
         (1)  Standard  One: The area shall consist of one or
    more industrial buildings totaling at  least  50,000  net
    square  feet  of industrial space, with a majority of the
    total area of all the buildings having been vacant for at
    least 18 months; and (A) the area is located in  a  labor
    surplus  municipality  or  a  substantial  labor  surplus
    municipality,  or (B) the equalized assessed value of the
    properties within the area during the last 2 years is  at
    least 25% lower than the maximum equalized assessed value
    of  those  properties during the immediately preceding 10
    years.
         (2)  Standard Two: The area exclusively consists  of
    industrial  buildings or a building complex operated by a
    user or related users (A) that has within the immediately
    preceding  5  years  either  (i)  employed  200  or  more
    employees at that  location,  or  (ii)  if  the  area  is
    located  in a municipality with a population of 12,000 or
    less, employed more than 50 employees  at  that  location
    and  (B)  either  is  currently vacant, or the owner has:
    (i) directly notified  the  municipality  of  the  user's
    intention to terminate operations at the facility or (ii)
    filed a notice of closure under the Worker Adjustment and
    Retraining Notification Act.
    (g)  "Labor surplus municipality" means a municipality in
which,  during  the  4  calendar  calender  years immediately
preceding the date the municipality by  ordinance  designates
an   industrial   park   conservation   area,   the   average
unemployment  rate  was  1% or more over the national average
unemployment rate for that same period of time  as  published
in  the  United  States  Department  of Labor Bureau of Labor
Statistics publication entitled "The Employment Situation" or
its  successor   publication.  For  the   purpose   of   this
subsection  (g),  if  unemployment  rate  statistics  for the
municipality are not available, the unemployment rate in  the
municipality  shall  be  deemed to be: (i) for a municipality
that is not in an urban county, the same as the  unemployment
rate  in  the  principal  county  where  the  municipality is
located or (ii) for  a municipality in  an  urban  county  at
that  municipality's  option,  either  the  unemployment rate
certified  for  the  municipality  by  the  Department  after
consultation with the Illinois Department  of  Labor  or  the
federal  Bureau of Labor Statistics, or the unemployment rate
of the municipality as determined by the most recent  federal
census  if  that census was not dated more than 5 years prior
to the date on which the determination is made.
    (h)  "Substantial labor  surplus  municipality"  means  a
municipality   in   which,   during   the  5  calendar  years
immediately preceding the date the municipality by  ordinance
designates  an industrial park conservation area, the average
unemployment rate was 2% or more over  the  national  average
unemployment  rate for  that same period of time as published
in  the  United  States  Department   of   Labor   Statistics
publication   entitled  "The  Employment  Situation"  or  its
successor publication. For the  purpose  of  this  subsection
(h), if unemployment rate statistics for the municipality are
not  available,  the  unemployment  rate  in the municipality
shall be deemed to be:  (i) for a municipality that is not in
an urban county, the same as the  unemployment  rate  in  the
principal  county  in  which  the municipality is located; or
(ii)  for  a  municipality  in  an  urban  county,  at   that
municipality's option, either the unemployment rate certified
for  the  municipality  by  the Department after consultation
with the Illinois Department of Labor or the  federal  Bureau
of   Labor  Statistics,  or  the  unemployment  rate  of  the
municipality as determined by the most recent federal  census
if  that  census was not dated more than 5 years prior to the
date on which the determination is made.
    (i)  "Municipality" means a city, village or incorporated
town.
    (j)  "Obligations" means bonds, loans, debentures, notes,
special certificates or other evidence of indebtedness issued
by the municipality to carry out a redevelopment  project  or
to refund outstanding obligations.
    (k)  "Payment in lieu of taxes" means those estimated tax
revenues  from  real property in a redevelopment project area
acquired  by  a  municipality,   which   according   to   the
redevelopment  project  or  plan are to be used for a private
use,  that  taxing  districts  would  have  received  had   a
municipality  not  adopted tax increment allocation financing
and that would result from levies made after the time of  the
adoption of tax increment allocation financing until the time
the  current equalized assessed value of real property in the
redevelopment  project  area  exceeds   the   total   initial
equalized assessed value of real property in that area.
    (l)  "Redevelopment plan" means the comprehensive program
of the municipality for development or redevelopment intended
by  the  payment  of redevelopment project costs to reduce or
eliminate the conditions  that  qualified  the  redevelopment
project  area  as  an  environmentally  contaminated  area or
industrial  park  conservation  area,  or  vacant  industrial
buildings conservation  area,  or  combination  thereof,  and
thereby to enhance the tax bases of the taxing districts that
extend   into   the   redevelopment   project   area.    Each
redevelopment  plan  must  set forth in writing the bases for
the municipal  findings  required  in  this  subsection,  the
program  to  be  undertaken  to  accomplish  the  objectives,
including  but  not  limited  to: (1) estimated redevelopment
project costs, (2) evidence indicating that the redevelopment
project area on the whole has not been subject to growth  and
development  through  investment  by  private enterprise, (3)
(i)  in the case of  an  environmentally  contaminated  area,
industrial  park  conservation  area,  or a vacant industrial
buildings conservation area classified under either  Standard
One,  or Standard Two of subsection (f) where the building is
currently  vacant,  evidence  that  implementation   of   the
redevelopment   plan  is  reasonably  expected  to  create  a
significant number of permanent full time jobs, (ii)  in  the
case  of  a  vacant  industrial  buildings  conservation area
classified under Standard Two (B)(i) or  (ii)  of  subsection
(f),  evidence  that implementation of the redevelopment plan
is reasonably expected to  retain  a  significant  number  of
existing permanent full time jobs, and (iii) in the case of a
combination   of   an   environmentally   contaminated  area,
industrial  park  conservation  area,  or  vacant  industrial
buildings conservation  area,  evidence  that  the  standards
concerning  the  creation  or retention of jobs for each area
set forth in (i) or (ii) above are met, (4) an assessment  of
any  financial impact of the redevelopment project area on or
any increased demand for services from  any  taxing  district
affected  by  the  plan  and  any  program  to  address  such
financial  impact  or  increased  demand,  (5) the sources of
funds  to  pay  costs,  (6)  the  nature  and  term  of   the
obligations  to  be  issued,  (7)  the  most recent equalized
assessed valuation of the redevelopment project area, (8)  an
estimate   of   the   equalized   assessed   valuation  after
redevelopment and the general land uses that are  applied  in
the  redevelopment  project  area,  (9)  a commitment to fair
employment practices and an affirmative action plan, (10)  if
it   includes  an  industrial  park  conservation  area,  the
following:  (i)  a  general  description  of   any   proposed
developer,  (ii)  user  and  tenant  of any property, (iii) a
description of the type, structure and general  character  of
the facilities to be developed, and (iv) a description of the
type, class and number of new employees to be employed in the
operation  of  the  facilities  to  be  developed, (11) if it
includes an environmentally contaminated area, the following:
either (i) a determination of release or  substantial  threat
of  release  of  a  hazardous  substance  or  pesticide or of
petroleum  by  the  United  States  Environmental  Protection
Agency or the Illinois Environmental  Protection  Agency,  or
the  Illinois  Pollution  Control Board or any court; or (ii)
both an environmental audit report by a nationally recognized
independent environmental auditor  having  a  reputation  for
expertise  in  these  matters and a copy of the signed Review
and Evaluation Services Agreement  indicating  acceptance  of
the site by the Illinois Environmental Protection Agency into
the  Pre-Notice  Site  Cleanup Program, (12) if it includes a
vacant industrial buildings conservation area, the following:
(i) a general description of  any  proposed  developer,  (ii)
user  and  tenant  of  any  building  or  buildings,  (iii) a
description of the type, structure and general  character  of
the  building  or  buildings  to  be  developed,  and  (iv) a
description of the type, class and number of new employees to
be employed or existing  employees  to  be  retained  in  the
operation of the building or buildings to be redeveloped, and
(13)  if  property  is to be annexed to the municipality, the
terms of the annexation agreement.
    No redevelopment plan shall be adopted by a  municipality
without findings that:
         (1)  the redevelopment project area on the whole has
    not  been  subject  to  growth  and  development  through
    investment by private enterprise and would not reasonably
    be  anticipated to be developed in accordance with public
    goals  stated  in  the  redevelopment  plan  without  the
    adoption of the redevelopment plan;
         (2)  the redevelopment plan and project  conform  to
    the   comprehensive  plan  for  the  development  of  the
    municipality as a whole, or, for  municipalities  with  a
    population  of  100,000  or  more, regardless of when the
    redevelopment  plan  and   project   was   adopted,   the
    redevelopment  plan  and project either:  (i) conforms to
    the strategic economic development or redevelopment  plan
    issued  by  the  designated  planning  authority  of  the
    municipality  or  (ii)  includes land uses that have been
    approved by the planning commission of the municipality;
         (3)  that  the  redevelopment  plan  is   reasonably
    expected  to  create  or  retain  a significant number of
    permanent full time jobs as set forth in paragraph (3) of
    subsection (l) above;
         (4)  the  estimated  date  of  completion   of   the
    redevelopment   project  and  retirement  of  obligations
    incurred to finance redevelopment project  costs  is  not
    more  than  23  years  from the adoption of the ordinance
    approving the project;
         (5)  in the case of an industrial park  conservation
    area,   that   the   municipality   is  a  labor  surplus
    municipality or a substantial labor surplus  municipality
    and  that the implementation of the redevelopment plan is
    reasonably expected to create  a  significant  number  of
    permanent full time new jobs and, by the provision of new
    facilities,  significantly  enhance  the  tax base of the
    taxing  districts  that  extend  into  the  redevelopment
    project area;
         (6)  in the case of an environmentally  contaminated
    area,   that   the  area  is  subject  to  a  release  or
    substantial threat of release of a  hazardous  substance,
    pesticide  or  petroleum  which  presents an imminent and
    substantial  danger  to  public  health  or  welfare   or
    presents   a  significant  threat  to  public  health  or
    environment, that such release or threat of release  will
    have a significant impact on the cost of redeveloping the
    area,  that  the implementation of the redevelopment plan
    is reasonably  expected  to  result  in  the  area  being
    redeveloped,   the   tax  base  of  the  affected  taxing
    districts being significantly enhanced thereby,  and  the
    creation  of  a significant number of permanent full time
    jobs; and
         (7)  in the use of  a  vacant  industrial  buildings
    conservation  area,  that  the area is located within the
    corporate limits of a municipality that  has  been  zoned
    industrial for at least 5 years before its designation as
    a  project redeveloped area, that it contains one or more
    industrial buildings,  and  whether  the  area  has  been
    designated   under   Standard  One  or  Standard  Two  of
    subsection (f) and the basis for that designation.
    (m)  "Redevelopment project" means any public or  private
development  project  in  furtherance  of the objectives of a
redevelopment plan.
    (n)  "Redevelopment project area" means a contiguous area
designated by the  municipality  that  is  not  less  in  the
aggregate  than  1  1/2 acres, and for which the municipality
has made a finding that there exist conditions that cause the
area to be classified  as  an  industrial  park  conservation
area,  a  vacant  industrial  building  conservation area, an
environmentally contaminated area or a combination  of  these
types of areas.
    (o)  "Redevelopment project costs" means the sum total of
all reasonable or necessary costs incurred or estimated to be
incurred   by  the  municipality,  and  any  of  those  costs
incidental  to  a  redevelopment  plan  and  a  redevelopment
project.   These  costs  include,  without  limitation,   the
following:
         (1)  Costs   of  studies,  surveys,  development  of
    plans,    and    specifications,    implementation    and
    administration  of  the  redevelopment  plan,  staff  and
    professional    service    costs    for    architectural,
    engineering, legal, marketing,  financial,  planning,  or
    other  services, but no charges for professional services
    may be  based  on  a  percentage  of  the  tax  increment
    collected.
         (2)  Property  assembly costs within a redevelopment
    project area, including but not limited to acquisition of
    land and other real or personal  property  or  rights  or
    interests therein.
         (3)  Site   preparation  costs,  including  but  not
    limited to clearance of any area within  a  redevelopment
    project  area  by  demolition  or removal of any existing
    buildings,   structures,    fixtures,    utilities    and
    improvements  and  clearing  and  grading;  and including
    installation, repair,  construction,  reconstruction,  or
    relocation of public streets, public utilities, and other
    public    site   improvements   within   or   without   a
    redevelopment project area which  are  essential  to  the
    preparation  of the redevelopment project area for use in
    accordance with a redevelopment plan.
         (4)  Costs    of     renovation,     rehabilitation,
    reconstruction,  relocation,  repair or remodeling of any
    existing public or private buildings,  improvements,  and
    fixtures within a redevelopment project area.
         (5)  Costs  of  construction  within a redevelopment
    project area of public improvements,  including  but  not
    limited  to,  buildings,  structures, works, utilities or
    fixtures.
         (6)  Costs of eliminating or  removing  contaminants
    and  other  impediments  required  by  federal  or  State
    environmental  laws,  rules, regulations, and guidelines,
    orders or other requirements or those imposed by  private
    lending institutions as a condition for approval of their
    financial  support, debt or equity, for the redevelopment
    projects, provided, however, that in the event (i)  other
    federal   or  State  funds  have  been  certified  by  an
    administrative agency as  adequate  to  pay  these  costs
    during   the   18   months  after  the  adoption  of  the
    redevelopment plan, or (ii)  the  municipality  has  been
    reimbursed  for such costs by persons legally responsible
    for them, such federal, State, or  private  funds  shall,
    insofar  as  possible, be fully expended prior to the use
    of any revenues deposited in the special  tax  allocation
    fund  of  the  municipality  and  any other such federal,
    State or private funds received shall be deposited in the
    fund.  The municipality shall seek reimbursement of these
    costs from persons legally responsible  for  these  costs
    and the costs of obtaining this reimbursement.
         (7)  Costs of job training and retraining projects.
         (8)  Financing  costs,  including but not limited to
    all necessary and  incidental  expenses  related  to  the
    issuance  of obligations and which may include payment of
    interest  on  any  obligations  issued  under  this   Act
    accruing  during  the estimated period of construction of
    any redevelopment project for which the  obligations  are
    issued  and  for  not  exceeding 36 months thereafter and
    including reasonable reserves related to those costs.
         (9)  All or a portion of a taxing district's capital
    costs   resulting   from   the   redevelopment    project
    necessarily  incurred or to be incurred in furtherance of
    the objectives of the redevelopment plan and project,  to
    the  extent the municipality by written agreement accepts
    and approves those costs.
         (10)  Relocation  costs  to  the   extent   that   a
    municipality  determines  that  relocation costs shall be
    paid or is required to make payment of  relocation  costs
    by federal or State law.
         (11)  Payments in lieu of taxes.
         (12)  Costs  of  job  training,  advanced vocational
    education or career education, including but not  limited
    to  courses  in occupational, semi-technical or technical
    fields leading directly to employment, incurred by one or
    more taxing districts, if those costs are: (i) related to
    the  establishment  and  maintenance  of  additional  job
    training,  advanced  vocational   education   or   career
    education programs for persons employed or to be employed
    by employers located in a redevelopment project area; and
    (ii)   are  incurred  by  a  taxing  district  or  taxing
    districts other than the municipality and are  set  forth
    in  a  written agreement by or among the municipality and
    the taxing district or taxing districts, which  agreement
    describes the program to be undertaken, including but not
    limited  to  the  number  of  employees  to be trained, a
    description of the training and services to be  provided,
    the  number  and  type  of  positions  available or to be
    available, itemized costs of the program and  sources  of
    funds to pay for the same, and the term of the agreement.
    These   costs   include,  specifically,  the  payment  by
    community college districts of costs under Sections 3-37,
    3-38, 3-40 and 3-40.1 of the Public Community College Act
    and by school districts of costs under Sections 10-22.20a
    and 10-23.3a of the School Code.
         (13)  The interest costs incurred by redevelopers or
    other  nongovernmental  persons  in  connection  with   a
    redevelopment   project,     and  specifically  including
    payments to redevelopers or other nongovernmental persons
    as  reimbursement  for  such  costs  incurred   by   such
    redeveloper  or  other  nongovernmental  person, provided
    that:
              (A)  interest costs shall be paid or reimbursed
         by  a  municipality  only  pursuant  to  the   prior
         official  action  of  the municipality evidencing an
         intent to pay or reimburse such interest costs;
              (B)  such payments in  any  one  year  may  not
         exceed  30% of the annual interest costs incurred by
         the redeveloper with  regard  to  the  redevelopment
         project during that year;
              (C)  except  as  provided  in subparagraph (E),
         the  aggregate  amount  of  such   costs   paid   or
         reimbursed by a municipality shall not exceed 30% of
         the   total  (i)  costs  paid  or  incurred  by  the
         redeveloper or other nongovernmental person in  that
         year plus (ii) redevelopment project costs excluding
         any property assembly costs and any relocation costs
         incurred by a municipality pursuant to this Act;
              (D)  interest costs shall be paid or reimbursed
         by  a  municipality  solely  from  the  special  tax
         allocation fund established pursuant to this Act and
         shall not be paid or reimbursed from the proceeds of
         any obligations issued by a municipality;
              (E)  if   there   are   not   sufficient  funds
         available in the special tax allocation fund in  any
         year  to make such payment or reimbursement in full,
         any amount of such interest  cost  remaining  to  be
         paid  or  reimbursed  by a municipality shall accrue
         and be payable  when  funds  are  available  in  the
         special tax allocation fund to make such payment.
         (14)  The  costs  of  construction  of new privately
    owned buildings shall not be  an  eligible  redevelopment
    project cost.
    If  a special service area has been established under the
Special Service Area Tax Act, then any tax increment revenues
derived from  the  tax  imposed  thereunder  to  the  Special
Service  Area  Tax  Act  may be used within the redevelopment
project area for the purposes permitted by that Act  as  well
as the purposes permitted by this Act.
    (p)  "Redevelopment  Planning  Area"  means  an  area  so
designated  by  a  municipality  after  the  municipality has
complied with all the findings  and  procedures  required  to
establish   a   redevelopment  project  area,  including  the
existence  of  conditions  that  qualify  the  area   as   an
industrial  park  conservation  area,  or  an environmentally
contaminated  area,  or   a   vacant   industrial   buildings
conservation  area, or a combination of these types of areas,
and adopted a redevelopment plan and project for the planning
area and its included redevelopment project areas.  The  area
shall  not be designated as a redevelopment planning area for
more than 5 years.  At any time in the 5 years following that
designation of the area, the municipality may  designate  the
area,  or any portion of the area, as a redevelopment project
area without making additional  findings  or  complying  with
additional   procedures   required  for  the  creation  of  a
redevelopment project area.
    (q)  "Taxing  districts"   means   counties,   townships,
municipalities,  and  school,  road, park, sanitary, mosquito
abatement, forest preserve, public health,  fire  protection,
river  conservancy,  tuberculosis  sanitarium  and  any other
municipal corporations or districts with the  power  to  levy
taxes.
    (r)  "Taxing  districts' capital costs" means those costs
of taxing districts for capital improvements that  are  found
by  the municipal corporate authorities to be necessary and a
direct result of the redevelopment project.
    (s)  "Urban county" means a county with 240,000  or  more
inhabitants.
    (t)  "Vacant  area",  as  used  in subsection (a) of this
Section, means any  parcel or combination of parcels of  real
property   without  industrial,  commercial  and  residential
buildings that has not been used for commercial  agricultural
purposes  within  5  years  before  the  designation  of  the
redevelopment project area, unless that parcel is included in
an industrial park conservation area.
(Source: P.A. 88-537; revised 7-21-97.)

    (65 ILCS 5/11-119.1-12) (from Ch. 24, par. 11-119.1-12)
    Sec.  11-119.1-12.   A.  This Division shall be construed
liberally to effectuate its legislative intent  and  purpose,
as  complete and independent authority for the performance of
each and every act and thing authorized by this Division, and
all  authority  granted  shall  be  broadly  interpreted   to
effectuate this intent and purpose and not as a limitation of
powers.  This Division is expressly not a limit on any of the
powers  granted any unit of local government of this State by
constitution, statute, charter or otherwise, other than  when
the  unit of local government is acting expressly pursuant to
this Division Divison.
    B.  In the event of any conflict or inconsistency between
this Division and any other law  or  charter  provision,  the
provisions of this Division shall prevail.
    C.  Any   provision   of   this  Division  which  may  be
determined  by  competent  authority  to  be  prohibited   or
unenforceable   in   any   jurisdiction  shall,  as  to  such
jurisdiction,  be  ineffective  to   the   extent   of   such
prohibition  or  unenforceability  without  invalidating  the
remaining  provisions  hereof,  and  any  such prohibition or
unenforceability in any jurisdiction shall not invalidate  or
render    unenforceable   such   provision   in   any   other
jurisdiction.
(Source: P.A. 83-997; revised 7-21-97.)
    Section 57.  The Economic Development  Project  Area  Tax
Increment  Allocation  Act  of  1995  is  amended by changing
Section 5 as follows:

    (65 ILCS 110/5)
    Sec. 5.  Legislative Declaration.
    (a)  The General Assembly finds, determines, and declares
the following:
         (1)  Actions taken by the Secretary  of  Defense  to
    close  military  installations  under  Title  II  of  the
    Defense  Authorization  Amendments  and  Base Closure and
    Realignment Act  (Public  Law  100-526;  10  U.S.C.  2687
    note),  the  Defense  Base Closure and Realignment Act of
    1990 (part A of title XXIX  of  Public  Law  101-510;  10
    U.S.C.  2687  note)  or  Section  2687 of Title 10 of the
    United States Code (10 U.S.C. 2687), as supplemented  and
    amended,  have  an  adverse socioeconomic impact upon the
    State  residents  due  to  the  loss  of   civilian   job
    opportunities,  the  transfer  of  permanently  stationed
    military   personnel,  the  decline  in  population,  the
    vacancy of existing  buildings,  structures,  residential
    housing   units  and  other  facilities,  the  burden  of
    assuming and maintaining existing  utility  systems,  and
    the erosion of the State's economic base.
         (2)  The  redevelopment  and reuse by the public and
    private sectors of any military  installation  closed  by
    the Secretary of Defense and converted to civilian use is
    impaired due to little or no platting of any of the land,
    deleterious  land  use  and  layout,  lack  of  community
    planning,  depreciation of physical maintenance, presence
    of structures below  minimum  code  standards,  excessive
    vacancies,  lack of adequate utility services and need to
    improve transportation facilities.
         (3)  The closing of  military  installations  within
    the  State  is  a  serious  menace to the health, safety,
    morals, and general welfare of the people of  the  entire
    State.
         (4)  Protection   against   the   economic   burdens
    associated  with  the  closing of military installations,
    the  consequent  spread  of  economic   stagnation,   the
    impairments to redevelopment and reuse, and the resulting
    harm to the tax base of the State can best be provided by
    promoting, attracting and stimulating commerce, industry,
    manufacturing   and   other  public  and  private  sector
    investment within the State.
         (5)  The  continual  encouragement,   redevelopment,
    reuse,  growth,  and  expansion of commercial businesses,
    industrial and manufacturing facilities and other  public
    and  private  investment on closed military installations
    within the State requires a  cooperative  and  continuous
    partnership between government and the private sector.
         (6)  The  State  has  a  responsibility  to create a
    favorable climate for new and improved job  opportunities
    for  its  citizens  and  to  increase the tax base of the
    State and its political subdivisions by  encouraging  the
    redevelopment and reuse by the public and private sectors
    of    new    commercial    businesses,   industrial   and
    manufacturing facilities, and other  civilian  uses  with
    respect  to the vacant buildings, structures, residential
    housing units, and other facilities  on  closed  military
    miliary installations within the State.
         (7)  The  lack  of redevelopment and reuse of closed
    military installations within the  State  has  persisted,
    despite  efforts  of  State  and  local  authorities  and
    private   organizations   to   attract   new   commercial
    businesses,  industrial  and manufacturing facilities and
    other public and private sector investment  for  civilian
    use to closed military installations within the State.
         (8)  The   economic   burdens  associated  with  the
    closing of military installations within  the  State  may
    continue  and  worsen  if  the  State  and  its political
    subdivisions  are  not   able   to   provide   additional
    incentives   to  commercial  businesses,  industrial  and
    manufacturing facilities, and other  public  and  private
    investment for civilian use, to locate on closed military
    installations within the State.
         (9)  The  provision  of additional incentives by the
    State and  its  political  subdivisions  is  intended  to
    relieve   conditions  of  unemployment,  create  new  job
    opportunities, increase industry and  commerce,  increase
    the tax base of the State and its political subdivisions,
    and   alleviate   vacancies  and  conditions  leading  to
    deterioration and blight on closed military installations
    within the State, thereby creating job opportunities  and
    eradicating  deteriorating  and  blighting conditions for
    the  residents  of  the  State  and  reducing  the  evils
    attendant upon unemployment and blight.
    (b)  It is hereby declared to be the policy of the State,
in the interest of promoting the health, safety, morals,  and
general  welfare  of  all the people of the State, to provide
incentives  that  will  create  new  job  opportunities   and
eradicate  potentially blighted conditions on closed military
installations within the State, and it  is  further  declared
that  the  relief of conditions of unemployment, the creation
of new  job  opportunities,  the  increase  of  industry  and
commerce  within  the State, the alleviation of vacancies and
conditions leading to deterioration and blight, the reduction
of the evils of unemployment, and the  increase  of  the  tax
base  of  the State and its political subdivisions are public
purposes and for the public safety, benefit, and  welfare  of
the residents of this State.
(Source: P.A. 89-176, eff. 1-1-96; revised 6-27-97.)
    Section  58.   The  Interstate Airport Authorities Act is
amended by changing Section 4 as follows:

    (70 ILCS 10/4) (from Ch. 15 1/2, par. 254)
    Sec. 4.  The airport authority shall have the power to:
    (1)  Operate and conduct an airport;
    (2)  Operate   farming   operations   on   real    estate
appurtenant to the airport;
    (3)  Exercise  the  power of eminent domain in accordance
with the laws of the state in which the airport is located;
    (4)  Maintain, operate and extend water and sewer systems
on the real estate of the land appurtenant  to  the  airport,
and make and collect charges for services;
    (5)  Construct   and   lease   industrial   and  aviation
buildings on the land appurtenant to the airport;
    (6)  Lease land, now owned by any combining  governmental
unit,  suitable  for  an  airport facility, for a term of not
less than 99 ninety-nine years;
    (7)  Secure expert guidance on the development of an area
air facility to the end that the interests of  the  area  are
best  served;  and  to  implement that development within the
laws of the party states;
    (8)  Establish and fix by ordinance a restricted zone for
such distances in any direction from the boundaries  of  such
airport  facility  as in the opinion of the airport authority
is  necessary  and  practicable,  regulating  the  height  of
structures to provide free air space for access  by  aircraft
and  for  the safe use of the airport, all in a manner not in
conflict with the existing laws of the party state  in  which
the airport is located;:
    (9)  Accept,  receive  and receipt for federal moneys and
other  moneys,  public  or  private,  for  the   acquisition,
construction,    enlargement,    improvement,    maintenance,
equipment  or  operation of airports and other air navigation
facilities and sites therefor;
    (10)  Buy and sell machinery for aviation  purposes;  and
to  negotiate  and  contract for personal services, materials
and supplies: Provided, That whenever personal property is to
be  purchased  or  sold,  there  shall  be  due  notice   and
competitive  bidding  as directed and required by the laws of
the state in which the airport is located; and
    (11)  Perform all functions and  do  all  acts  that  are
necessary  to  the  total  development  of  a  commercial and
industrial air facility, not inconsistent with  the  laws  of
the party states.
(Source: Laws 1963, P. 2121; revised 8-8-97.)

    Section 59.  The Civic Center Code is amended by changing
Sections 105-5, 170-30, 255-45, and 255-90 as follows:

    (70 ILCS 200/105-5)
    Sec. 105-5. Definitions.  When used in this Article:
    "Authority"  means  the  Illinois-Michigan Canal National
Heritage Corridor Civic Center Authority.
    "Board" means the governing and  administrative  body  of
the  Illinois-Michigan Canal National Heritage Corridor Civic
Center Authority.
    "Metropolitan area" means all that territory in the State
of Illinois lying within the municipalities of Lyons, McCook,
Hodgkins  Hodgins,  Countryside,  Indianhead   Park,   Willow
Springs,   Justice,  Bridgeview,  Bedford  Park,  Summit  and
Lemont, and  all  the  incorporated  area  lying  within  the
Village  of  Burr  Ridge,  all  the unincorporated area lying
within Cook and DuPage County, which is bounded on the  North
by  the north line of the Des Plaines River, on the west by a
line 10,000 feet west of the center line of Illinois Rt.  83,
on  the south by the north line of the Sanitary & Ship Canal,
and all the unincorporated area lying within Cook and  DuPage
County which is bounded on the northwest by the north line of
the  Sanitary  Drainage  &  Ship  Canal,  on the South by the
Calumet Sag Channel, and on the East by the  center  line  of
Illinois  Rt.  83,  and all the area not lying within a city,
village or incorporated town  lying  within  Lemont  Township
which   is   located  north  of  a  line  commencing  at  the
intersection of the east line of Lemont Township and McCarthy
Road (123rd Street), thence westerly until  the  intersection
of  McCarthy  Road  and  Archer  Avenue, thence southwesterly
until the intersection of Archer  Avenue  and  127th  Street,
thence  westerly to the west line of Lemont Township, and all
the unincorporated  municipal  area  lying  within  Community
College   District  No.  524,  located  in  Lyons  and  Palos
Townships, lying north of a line commencing at a point  which
is  the  intersection lines of Harlem Avenue and Archer Road,
thence southwesterly along the center line of Archer Road  to
the  center  line  of  96th  Avenue  (LaGrange  Road), thence
southerly along said center line of 96th Avenue to the center
line of McCarthy Road (123rd Street), thence  westerly  along
the  center  line  of McCarthy Road to the west line of Palos
Township.
(Source: P.A. 90-328, eff. 1-1-98; revised 12-16-97.)

    (70 ILCS 200/170-30)
    Sec. 170-30. Tax.  If a majority of  the  voters  of  the
said  metropolitan  area  approve  the  issuance  of bonds as
provided in Section 170-25, the Authority shall have power to
levy and collect annually a sum sufficient  to  pay  for  the
annual  principal and interest charges by a sum equal to such
grants or matching grants as the Authority shall receive,  in
any year, for this purpose.
    Such  taxes  proposed  by the Authority to be levied upon
the taxable property within the metropolitan  area  shall  be
levied  by ordinance. After the ordinance has been adopted it
shall, within 10 days after its passage, be published once in
a newspaper published and having a general circulation within
the  metropolitan  area.  A  certified  copy  of  such   levy
ordinance  shall be filed with the county clerk no later than
the 3rd Tuesday in September  in  each  year.  Thereupon  the
county  clerk  shall  extend such tax; provided the aggregate
amount of taxes levied for any one year shall not exceed  the
rate  of  .0005% of the full fair cash value, as equalized or
assessed by the Department of Revenue.
(Source: P.A. 90-328, eff. 1-1-98; revised 11-14-97.)

    (70 ILCS 200/255-45)
    Sec. 255-45. Borrowing; general  obligation  and  revenue
bonds;  backdoor  referendum.  The Authority may borrow money
for the purpose of carrying out its duties and exercising its
powers under this Article, and issue its  general  obligation
and  revenue  bonds as evidence of the indebtedness incurred.
In addition to other purposes, such bonds may be  issued  for
the  purpose  of  refunding outstanding general obligation or
revenue bonds of the Authority.  Such general obligation  and
revenue  bonds shall be in the form, shall mature at the time
(no later than 40 years from the  date  of  issuance),  shall
bear  interest  at  the rates (not to exceed the maximum rate
authorized by the Bond Authorization Act, as amended  at  the
time of the making of the contract), shall be executed by the
officers  and  shall be sold in the manner as the Board shall
determine; except that if issued to bear interest at the  the
maximum  rate  authorized  by  the Bond Authorization Act, as
amended at the time of the making of the contract, the  bonds
shall be sold for not less than par and accrued interest, and
that  the  selling prices of bonds bearing interest at a rate
of  less  than  the  maximum  rate  authorized  by  the  Bond
Authorization Act, as amended at the time of  the  making  of
the  contract,  shall  be  such that the interest cost to the
Authority of the money received from the sale  of  the  bonds
shall  not  exceed  the  maximum  rate authorized by the Bond
Authorization Act, as amended at the time of  the  making  of
the  contract,  computed to absolute maturity of the bonds in
accordance with standard tables of bond values.  In case  any
officer  whose  signature  appears  on any bond ceases, after
affixing his signature, to hold office, his  signature  shall
nevertheless be valid and effective for all purposes.
    Before  any  such  bonds  (for  which a referendum is not
required by Section 255-50) may be authorized to  be  issued,
the  Board  shall  by  ordinance  propose the issuance of the
bonds.  This ordinance shall set forth  the  total  principal
amount  of bonds proposed to be issued and shall in a general
way describe the purpose  for  which  the  bonds  are  to  be
issued.  After this ordinance has been passed by the Board it
shall  within  10  days  be  published  once  in  a newspaper
published  and  having  a  general  circulation  within   the
metropolitan  area.   The  publication of the ordinance shall
include a  notice  of  (1)  the  specific  number  of  voters
required  to  sign a petition requesting that the question of
the adoption of the ordinance be submitted to the electors of
the metropolitan area; (2) the time  in  which  the  petition
must   be   filed;  and  (3)  the  date  of  the  prospective
referendum.  The Secretary  of  the  Board  shall  provide  a
petition form to any individual requesting one.
    If  within 30 days after the publication of the ordinance
proposing the issuance of bonds for which a referendum is not
required by Section 255-50, a petition signed  by  registered
voters  of  the metropolitan area equal to 10% or more of the
registered voters in the metropolitan area, is filed with the
Secretary of  the  Board  asking  for  a  referendum  on  the
proposition  to  issue the bonds, the Board shall certify the
proposition, in the form provided by Section 255-50,  to  the
proper  election  officials  in  accordance  with the general
election law. If no such petition or  no  valid  petition  is
filed  within 30 days after the publication of the ordinance,
it shall then be in effect.  If such a petition is  so  filed
the  ordinance  proposing the issuance of the bonds shall not
be in effect and the bonds proposed by  the  ordinance  shall
not  be  issued  until the proposition has been approved by a
majority of the voters of the metropolitan area voting on the
proposition.
    When the ordinance proposing the issuance of the bonds is
in effect, the Board may by ordinance authorize the  issuance
of  such  bonds setting forth the maturity schedule, interest
rate, form and other details of the bonds and their issuance.
A copy of the ordinance so authorizing the  issuance  of  the
bonds certified by the secretary shall be filed in the office
of the county clerk.
    With  respect  to  instruments  for  the payment of money
issued under this Section either before,  on,  or  after  the
effective  date of Public Act 86-4, it is and always has been
the intention of the General Assembly (i)  that  the  Omnibus
Bond  Acts  are  and always have been supplementary grants of
power to issue instruments in  accordance  with  the  Omnibus
Bond  Acts,  regardless of any provision of this Article that
may appear to be or to have been more restrictive than  those
Acts,  (ii)  that  the  provisions  of this Section are not a
limitation on the  supplementary  authority  granted  by  the
Omnibus  Bond  Acts,  and (iii) that instruments issued under
this Section within the supplementary  authority  granted  by
the  Omnibus  Bond  Acts  are  not  invalid  because  of  any
provision  of  this  Article that may appear to be or to have
been more restrictive than those Acts.
(Source: P.A. 90-328, eff. 1-1-98; revised 1-24-98.)

    (70 ILCS 200/255-90)
    Sec. 255-90.  Organization of  the  Board.   As  soon  as
practicably  possible  after  the  appointment of the initial
members and, thereafter, within 15 days of each  election  of
members,  the  Board  shall  organize  for the transaction of
business, select a chairman, vice-chairman, and  a  temporary
secretary   from  its  own  number,  and  adopt  by-laws  and
regulations to govern its proceedings.  The initial  chairman
and his successors shall be elected by the Board from time to
time  for  the  term  of his office as a member of the Board.
Terms of members are subject to Section 2A-54 of the Election
Code.
(Source: P.A. 90-328, eff. 1-1-98; incorporates 90-358,  eff.
1-1-98; revised 10-27-97.)

    Section  60.   The East St. Louis Area Development Act is
amended by changing the title of the Act as follows:

    (70 ILCS 505/Act title)
    An Act creating  the  East  St.  Louis  Area  Development
Authority, to define its powers, responsibilities and duties,
and  to  establish the framework for a cooperative coopertive
relationship between such Authority and  existing  State  and
Federal   departments   and  agencies,  and  units  of  local
government and school districts.

    Section 61.   The  Tri-County  River  Valley  Development
Authority Law is amended by changing Section 2004 as follows:

    (70 ILCS 525/2004) (from Ch. 85, par. 7504)
    Sec. 2004.  Establishment.
    (a)  There  is  hereby  created  a political subdivision,
body politic and municipal corporation named  the  Tri-County
River   Valley   Development   Authority.    The  territorial
jurisdiction of the Authority is that geographic area  within
the  boundaries  of Peoria, Tazewell and Woodford counties in
the State of Illinois and any navigable waters and air  space
located therein.
    (b)  The  governing  and  administrative  powers  of  the
Authority  shall be vested in a body consisting of 11 members
including, as ex officio members, the  Director  of  Commerce
and  Community  Affairs,  or  his  or  her  designee, and the
Director of Natural Resources, or that  Director's  designee.
The  other  9  members  of  the Authority shall be designated
"public members",  3  of  whom  shall  be  appointed  by  the
Governor, 3 of whom shall be appointed one each by the county
board  chairmen of Peoria, Tazewell and Woodford counties and
3 of whom shall be appointed one each by the city councils of
East Peoria, Pekin and  Peoria.   All  public  members  shall
reside  within the territorial jurisdiction of this Act.  Six
members shall constitute a quorum.  The public members  shall
be  persons  of  recognized  ability and experience in one or
more of the following areas: economic  development,  finance,
banking,  industrial  development, small business management,
real  estate  development,  community  development,   venture
finance,  organized labor or civic, community or neighborhood
organization.  The Chairman of  the  th  Authority  shall  be
elected by the Board annually from the 6 members appointed by
the county board chairmen and city councils.
    (c)  The  terms  of  all  members  of the Authority shall
begin 30 days after the effective date of this  Article.   Of
the  9 public members appointed pursuant to this Act, 3 shall
serve until the third Monday in January 1992, 3  shall  serve
until  the  third  Monday  in January 1993, and 3 shall serve
until the third Monday in January 1994.  All successors shall
be appointed by the original appointing  authority  and  hold
office  for  a term of 3 years commencing the third Monday in
January of the year in which their term commences, except  in
case  of  an  appointment  to  fill  a  vacancy.    Vacancies
occurring  among  the  public members shall be filled for the
remainder  of  the  term.   In   case   of   vacancy   in   a
Governor-appointed  membership  when  the  Senate  is  not in
session, the Governor may make a temporary appointment  until
the  next  meeting  of  the  Senate  when  a  person shall be
nominated to fill such office, and any  person  so  nominated
who  is  confirmed by the Senate shall hold office during the
remainder  of  the  term  and  until  a  successor  shall  be
appointed and qualified.  Members of the Authority shall  not
be entitled to compensation for their services as members but
may  be  reimbursed  for  all  necessary expenses incurred in
connection with the performance of their duties as members.
    (d)  The Governor may remove any  public  member  of  the
Authority  in  case  of  incompetency,  neglect  of  duty, or
malfeasance in office.
    (e)  The Board may  appoint  an  Executive  Director  who
shall  have  a  background  in finance, including familiarity
with the legal and procedural requirements of issuing  bonds,
real  estate or economic development and administration.  The
Executive Director shall hold office at the discretion of the
Board.   The  Executive   Director   shall   be   the   chief
administrative  and  operational  officer  of  the Authority,
shall direct and supervise  its  administrative  affairs  and
general management, shall perform such other duties as may be
prescribed from time to time by the members and shall receive
compensation  fixed by the Authority.  The Executive Director
shall attend all  meetings  of  the  Authority;  however,  no
action  of  the  Authority shall be invalid on account of the
absence of  the  Executive  Director  from  a  meeting.   The
Authority  may  engage  the services of such other agents and
employees,  including   attorneys,   appraisers,   engineers,
accountants, credit analysts and other consultants, as it may
deem  advisable  and may prescribe their duties and fix their
compensation.
    (f)  The Board may, by majority vote, nominate  up  to  4
non-voting   members   for   appointment   by  the  Governor.
Non-voting members shall be persons of recognized ability and
experience in one or more of the  following  areas:  economic
development,  finance, banking, industrial development, small
business  management,  real  estate  development,   community
development,  venture  finance,  organized  labor  or  civic,
community  or  neighborhood organization.  Non-voting members
shall serve at the pleasure of the  Board.    All  non-voting
members   may  attend  meetings  of  the  Board  and  may  be
reimbursed as provided in subsection (c).
    (g)  The Board shall create a task  force  to  study  and
make recommendations to the Board on the economic development
of  the  territory  within the jurisdiction of this Act.  The
members of the task force shall reside within the territorial
jurisdiction of this Article, shall serve at the pleasure  of
the  Board  and  shall  be  persons of recognized ability and
experience in one or more of the  following  areas:  economic
development,  finance, banking, industrial development, small
business  management,  real  estate  development,   community
development,  venture  finance,  organized  labor  or  civic,
community   or  neighborhood  organization.   The  number  of
members constituting the task force shall be set by the Board
and may vary from time to time.  The Board may set a specific
date by which the task force is to submit  its  final  report
and recommendations to the Board.
(Source: P.A. 89-445, eff. 2-7-96; revised 6-27-97.)

    Section  62.   The Downstate Forest Preserve District Act
is amended by changing Section 2 as follows:

    (70 ILCS 805/2) (from Ch. 96 1/2, par. 6303)
    Sec. 2.  The proposition shall be  substantially  in  the
following form:
-------------------------------------------------------------
   "Shall there be organized a forest
preserve  district in accordance with
the order of the judge of the circuit
court of .... county,  under the date              YES
of  the  ....  day  of  ....,  19...,
191..,  to be known as  (insert  here
the  name of the proposed district as      ------------------
entered in the order of the judge  of
the  circuit court)  and described as
follows:   (insert description of the              NO
proposed district as entered  in  the
order  of  the  judge  of the circuit
court)" [?]
-------------------------------------------------------------
    The  clerk  of the circuit court of the such county shall
cause a statement of the result of the such referendum in the
proposed each district to be filed  in  the  records  of  the
circuit  court  of  the such county, and if a majority of the
votes cast  in  the  proposed  any  district  upon  the  such
question  is  found  to  be in favor of the organization of a
such forest  preserve  district,  the  proposed  such  forest
preserve  district  shall  thenceforth be deemed an organized
forest preserve district under this Act.
(Source: P.A. 83-343; revised 8-11-97.)

    Section 63.   The  Mosquito  Abatement  District  Act  is
amended by changing Section 3 as follows:

    (70 ILCS 1005/3) (from Ch. 111 1/2, par. 76)
    Sec.  3.   The  determination  of  the  court  as  to the
necessity for  the  organization  of  the  proposed  mosquito
abatement  district,  together  with  the  description of the
boundaries of such district as fixed by such court, shall  be
entered of record in of the court.  Thereupon the court shall
certify  the  question  of  the organization of the territory
included within the boundaries fixed  by  it  as  a  mosquito
abatement district to the proper election officials who shall
submit  the question to the legal voters resident within such
territory at an election to be held in the district.   Notice
of   such  referendum  shall  be  given  and  the  referendum
conducted in the manner provided by the general election law.
The notice of such election shall state the  purpose  of  the
referendum,  describe  the territory proposed to be organized
as a mosquito abatement district, and state the time of  such
election.
    The  proposition  shall be in substantially the following
form:
-------------------------------------------------------------
    Shall this territory (describing      YES
it) be organized as The ..........   ------------------------
Mosquito Abatement District?              NO
-------------------------------------------------------------
    The court shall cause a statement of  the  result  to  be
entered of record in the court.
(Source: P.A. 83-343; revised 12-18-97.)

    Section  64.   The  Park  District  Code  is  amended  by
changing Section 8-21 as follows:

    (70 ILCS 1205/8-21) (from Ch. 105, par. 8-21)
    Sec.  8-21.   Each  park  district may insure against any
loss or liability of the park district, members of  the  park
board,  and  employees  thereof,  by  reason  of civil rights
damage claims and suits, constitutional rights damage  claims
and  suits,  death and bodily injury damage claims and suits,
and property  damage  claims  and  suits,  including  defense
thereof,  when  damages  are sought for negligent or wrongful
acts allegedly committed within the scope of  employment,  or
under the direction, of the park board.  Such insurance shall
be  carried with a company licensed to write such coverage in
this State.
    Each park district may provide for or participate in  the
provision  of  insurance  protection  and  benefits  for  its
employees  and their dependents, including but not limited to
retirement   annuities,    and    medical,    surgical    and
hospitalization  benefits, in such types and amounts as shall
be determined by the board, for the  purposes  of  aiding  in
securing  and  retaining the services of competent employees.
Where employee participation in such provision  is  involved,
the  board,  with  the  consent of the employee, may withhold
deductions from the employee's salary necessary to defray the
employee's share of such insurance costs.  Such insurance  or
benefits may be contracted for only with an insurance company
authorized  to  do  business in this State, or any non-profit
hospital service corporation organized under  the  Non-Profit
Health  Care  Service  Plan  Act  or  incorporated  under the
Medical  Service  Plan  Act.   Such  insurance  may   include
provision  for  employees  and  their  dependents who rely on
treatment by prayer or spiritual means alone for healing,  in
accordance  with  the  tenets  and  practice  of a recognized
religious denomination.
    For the purposes of this Section,  "dependent"  means  an
employee's  spouse  and any unmarried child (1) under the age
of 19 years,  including  (a)  an  adopted  child  and  (b)  a
stepchild  or recognized child who lives with the employee in
a regular parent-child relationship or (2) under the  age  of
23  who  is enrolled as a full-time student in any accredited
school, college or university.
(Source: P.A. 83-807; revised 1-21-98.)

    Section 65.  The Chicago Park District Act is amended  by
changing Section 17 as follows:
    (70 ILCS 1505/17) (from Ch. 105, par. 333.17)
    Sec.   17.  Fiscal  year;  budget  report;  appropriation
ordinance.
    (a)  After the year in which this  Act  is  adopted,  the
fiscal  year  of  the Chicago Park District shall commence on
the first day of January and end on the thirty-first  day  of
December. This period shall constitute the budget year of the
district.  The  fiscal  provisions  set forth in this Section
shall apply only in the  years  following  the  year  of  the
adoption of this Act.
    (b)  At least 60 days before the beginning of each fiscal
year, the secretary shall prepare and submit to the president
a  budget report to the commission which shall include, among
other things, a statement of proposed  expenditures  for  the
ensuing  fiscal  year. The statement of proposed expenditures
shall show separately  the  amounts  for  ordinary  recurring
expenses,  for  extraordinary expenditures, for debt service,
and for capital outlays and shall be accompanied by  detailed
estimates  of  expenditure  requirements  setting  forth  the
objects of expenditure (such as personal service, contractual
services,  supplies  and materials, and the like) and showing
further classification, by character, object, or purpose,  as
required by the system of expenditure accounts adopted by the
commission.  The  secretary shall also submit with his or her
statement of proposed expenditures (i) a consolidated summary
statement of the financial condition of  the  district;  (ii)
classified   statements   of   income  and  receipts  and  of
expenditures and disbursements for the last completed  fiscal
year  and  as estimated for the fiscal year then in progress;
and  (iii)  a  statement  of  the  means  of  financing   the
operations  of  the  district,  indicating the cash and other
current resources to be available at  the  beginning  of  the
next  fiscal  year  and  the  estimated cash receipts of that
year. Estimated receipts  from  taxes  levied  from  property
shall  in  no  event exceed an amount produced by multiplying
the maximum statutory rate of tax by the last known  assessed
valuation   of   taxable  property  within  the  district  as
equalized for State and county  taxes.  The  secretary  shall
submit,  with  the budget report, a draft of an appropriation
ordinance  and  a  pertinent  description  of  the   proposed
financial  and  operating  program  and  of  its  anticipated
effects on the district's finances and affairs.
    (c)  The   amounts   of  proposed  expenditures,  and  of
revenues for appropriations, as set  forth  in  the  proposed
appropriation  ordinance  shall  include,  in addition to the
other   requirements   for   operation,   maintenance,    and
improvement, the full amounts reasonably to be anticipated as
needed  for  (i)  interest  on  district  debt coming due and
payable, (ii) paying off principal debt maturing  during  the
year,  (iii)  annual  installments  on  sinking funds for the
meeting of any anticipated cash deficit from  the  operations
of the fiscal year then in progress, (iv) payments due to any
retirement  or  other special funds, (v) paying off any final
judgments in  effect  at  the  time,  (vi)  making  good  any
deficiency  in  any  sinking,  endowment, or trust fund to be
kept inviolate, and (vii) any payments for any contracts  for
capital improvements properly entered into during the current
fiscal  year  or  any  previous  fiscal  year  for work to be
performed  in  the  fiscal  year  for  which  the  budget  is
prepared. These requirements shall be adequately provided for
in the appropriation ordinance adopted by the commission.
    (d)  Upon receiving the  budget  report,  the  commission
shall  make  the  report and a tentative budget appropriation
bill available to public inspection for at least 10  days  by
having  at  least  3 copies of the report and bill on file in
the office of the district secretary.  The  commission  shall
hold  at  least  one  public hearing on the budget report and
tentative budget appropriation bill. Seven days public notice
of the hearing shall be given by at least one publication  in
a newspaper having a general circulation in the district.
    (e)  After the hearing, the commission shall consider the
budget  report  and  shall,  before  the beginning of the new
fiscal year, adopt an annual appropriation ordinance in which
the commission shall appropriate the sums of  money  required
to meet all necessary expenditures during the fiscal year. In
no  event shall the aggregate amounts appropriated exceed the
total means of financing. The vote of the commissioners  upon
the  appropriation  ordinance shall be taken by yeas and nays
and recorded in the proceedings of the commission.
    (f)  Except as otherwise provided in this subsection (f),
after  the  adoption  of  the  appropriation  ordinance,  the
commission shall not make any further or other  appropriation
before  the adoption or passage of the next succeeding annual
appropriation  ordinance  and  shall  have  no  power  either
directly or indirectly to make any contract  or  do  any  act
that will add to the expense or liabilities of the district a
sum  over  and  above  the  amount provided for in the annual
appropriation    ordinance    for    that    fiscal     year.
Notwithstanding  the  foregoing provision, the commission may
adopt  a  supplemental  appropriation   ordinance   for   any
corporate   purpose  in  an  amount  not  in  excess  of  any
additional receipts available to the Chicago  Park  District,
or  estimated  to  be  received  by  the  district, after the
adoption  of  the  annual   appropriation   ordinance.    The
supplemental  appropriation  ordinance  shall,  however, only
affect  revenue  that  becomes  available  after  the  annual
appropriation  ordinance  is  adopted.    For   purposes   of
supplemental  appropriation  ordinances, notice of the public
hearing at which the ordinance is to be considered  shall  be
given  by  publishing  notice of the hearing at least once no
less than 10 days before the hearing.
    (g)  When the voters have approved a bond ordinance for a
particular purpose and the bond ordinance had not been passed
at the time of  the  adoption  of  the  annual  appropriation
ordinance,   the   commission   may   pass   a   supplemental
appropriation  ordinance  (upon  compliance with the terms of
this Act) making appropriations for  the  particular  purpose
for  which  the  bonds  were  authorized. Nothing in this Act
shall be construed to forbid the commission from  making  any
expenditure  or incurring any liability rendered necessary to
meet emergencies such as floods,  fires,  storms,  unforeseen
damages,  or other catastrophes catastrophies happening after
the  annual  appropriation  ordinance  has  been  passed   or
adopted.  Nothing contained in this Act shall be construed to
deprive the commission of the power to provide for and  cause
to  be  paid  from  the  district's funds any charge upon the
district imposed by law without the action of the commission.
    (h)  The Chicago Park District shall, at any  time  after
the  beginning  of  each fiscal year, have power to authorize
the  making  of  transfers  among  appropriations  within   a
department  or other separate division under its jurisdiction
or of sums of money appropriated for one object or purpose to
another object or purpose.  The  commission  shall  adopt  an
ordinance  establishing  procedures  by  which  the transfers
shall  be  made.   In   no   event   shall   transfers   from
appropriations    for    ordinary   recurring   expenses   to
appropriations for capital outlays or from capital outlays to
ordinary  recurring  expenses  be  authorized  or  made.   No
appropriation for any  purpose  shall  be  reduced  below  an
amount  sufficient  to cover all unliquidated and outstanding
contracts  or  obligations  certified  from  or  against  the
appropriation for that purpose.
    (i)  No contract shall be made or  expense  or  liability
incurred by the commission, by any member or committee of the
commission, or by any person or persons for or on its behalf,
notwithstanding the expenditures may have been ordered by the
commission,   unless   an  appropriation  for  the  contract,
expense,  or  liability  has  been  previously  made  by  the
commission in  the  manner  provided  in  this  Section.   No
officer  or  employee  employe  shall  during  a  fiscal year
expend, or contract to be expended, any money  or  incur  any
liability  or  enter  into  any  contract  that  by its terms
involves the expenditures of money for any purpose for  which
provisions  are made in the appropriation ordinance in excess
of the amounts appropriated in the ordinance.  Any  contract,
verbal or written, made in violation of this Section shall be
null  and void as to the district, and no moneys belonging to
the  district  shall  be  paid  on  the  contract.    Nothing
contained  in this subsection (i) shall prevent the making of
contracts for the lawful  purposes  of  the  district  for  a
period  of more than one year, but any contract so made shall
be executory only for the amounts for which the district  may
become lawfully liable in succeeding fiscal years.
    (j)  If,  at the termination of any fiscal year or at the
time when the appropriation ordinance  is  required  to  have
been  passed  and  published  as  provided  by  this Act, the
appropriations necessary for the support of the district  for
the  ensuing  fiscal  year  have  not  been made, the several
amounts appropriated in the last appropriation ordinance  for
the  objects and purposes specified in that ordinance, so far
as the amounts related to operation and maintenance expenses,
shall be deemed to be re-appropriated for the several objects
and purposes specified in the last  appropriation  ordinance.
Until  the commission acts in that behalf, the proper officer
shall make the payments necessary  for  the  support  of  the
district on the basis of the preceding fiscal year.
    (k)  The  appropriation  ordinance shall not be construed
as an approval by the commission of any contract  liabilities
or  of  any project or purpose mentioned in the ordinance but
should be regarded only as a provision of a fund or funds for
the payment of the  liabilities,  project,  or  purpose  when
contract  liabilities  have  been found to be valid and legal
obligations  against  such   district   and   when   properly
vouchered,  audited,  and approved by the commission, or when
any project or purpose is  approved  and  authorized  by  the
commission, as the case may be.
    (l)  During  the  year  in which this Act is adopted, the
commissioners of the Chicago Park District shall provide  for
the  necessary expenses of the district by ordinance filed in
the records of the commission, and no  expenditure  shall  be
made   nor   obligation  incurred  except  pursuant  to  that
ordinance.
(Source: P.A. 87-1274; revised 6-27-97.)

    Section 66.  The Havana Regional  Port  District  Act  is
amended by changing Section 28 as follows:

    (70 ILCS 1805/28) (from Ch. 19, par. 628)
    Sec.  28.  The  Board  shall  appoint  a  secretary and a
treasurer, who need not be members  of  the  Board,  to  hold
office during the pleasure of the Board, and fix their duties
and  compensation.  Before  entering upon the duties of their
respective  offices  each  shall  take  and   subscribe   the
constitutional  oath  of  office,  and  the  treasurer  shall
execute  a  bond  in  the  amount and with corporate sureties
approved by the Board. The  bond  shall  be  payable  to  the
District  in  whatever  penal  sum  is directed by the Board,
conditioned upon the faithful performance of  the  duties  of
the  office  and  the  payment  of  all money received by him
according to law and the orders of the Board. The Board  may,
at  any  time,  require a new bond from the treasurer in such
penal sum as  may  then  be  determined  by  the  Board.  The
obligation  of  the  sureties  shall  not  extend to any loss
sustained by insolvency, failure or closing  of  any  savings
and  loan  association  or national or State bank wherein the
treasurer has deposited funds if the bank or savings and loan
association has been approved by the Board  as  a  depositary
for these funds. The oaths of office and the treasurer's bond
shall be filed in the principal office of the Port District.
(Source: P.A. 83-541; revised 12-18-97.)

    Section  67.   The  Jackson-Union  Counties Regional Port
District Act is amended by changing Sections 2.21 and  16  as
follows:

    (70 ILCS 1820/2.21) (from Ch. 19, par. 852.21)
    Sec.  2.21.  "Mayor" means the mayor, president, or other
chief elected official of the  following  municipalities,  as
the case may require: of the City of Grand Tower, the Village
chief  elected  official  of  Dowell,  the City chief elected
official of Ava, the Mayor of the City  of  Murphysboro,  the
Mayor  of  the  City  of Carbondale, the Mayor of the City of
Anna, the President of the Village of Cobden,  the  President
of  the  Village  of  Makanda,  the  Mayor  of  the  City  of
Jonesboro,  the  Village  Mayor of the City of Alto Pass, the
Village Mayor of the City of Elkville, the President  of  the
Village  of Dongola, the President of the Village of Campbell
Hill, the  President  of  the  Village  of  Mill  Creek,  the
President  of  the Village of Vergennes, the Village Mayor of
the City of DeSoto Desota, and the Village Mayor of the  City
of Gorham, as the case may require.
(Source: P.A. 79-1475; revised 6-27-97.)


    (70 ILCS 1820/16) (from Ch. 19, par. 866)
    Sec.  16.   The  Governor  shall appoint 4 members of the
Board, each Mayor  of  the  municipalities  of  Grand  Tower,
Jonesboro,  Gorham,  Murphysboro,  Carbondale,  Anna, Cobden,
Makanda, Ava, Mill Creek,  Elkville,  Alto  Pass,  Vergennes,
Dowell,  DeSoto  Desota,  Campbell  Hill,  and  Dongola shall
appoint one member of the Board, and  each  County  Board  of
Jackson  County  and Union County shall appoint one member of
the Board.  All initial appointments shall be made within  60
days after this Act takes effect.  Of the 4 members initially
appointed  by  the  Governor 2 shall be appointed for initial
terms expiring June 1,  1978,  and  2  for  an  initial  term
expiring  June  1,  1979.  The terms of the members initially
appointed by the respective Mayors and  County  Boards  shall
expire  June  1,  1979.  At the expiration of the term of any
member, his successor shall be appointed by the Governor, the
respective Mayors, or the respective  County Boards  in  like
manner  and  with  like  regard  to place of residence of the
appointee, as in the case of  appointments  for  the  initial
terms.
    After  the  expiration  of  initial terms, each successor
shall hold office for the term of 3 years beginning the first
day of  June  of  the  year  in  which  the  term  of  office
commences.   In  the  case  of  a  vacancy during the term of
office of any member appointed by the Governor, the  Governor
shall  make  an  appointment  for  the  remainder of the term
vacant and until a successor is appointed and qualified.   In
case  of  a  vacancy  during the term of office of any member
appointed  by  a  Mayor,  the  proper  Mayor  shall  make  an
appointment for the remainder of the term vacant and until  a
successor  is  appointed and qualified.  In case of a vacancy
during the term of office of any member appointed by a County
Board, the proper County Board shall make an appointment  for
the  remainder  of  the  term vacant and until a successor is
appointed and qualified.  The Governor, each Mayor, and  each
County  Board  shall certify their respective appointments to
the Secretary of State.  Within 30 days  after  certification
of  his  appointment,  and before entering upon the duties of
his office, each member of the Board shall take and subscribe
the constitutional oath of office and file it in  the  office
of the Secretary of State.
    Every  person  appointed to the Board after the effective
date of this amendatory Act of 1981 shall be  a  resident  of
the  unit  of  local  government which makes the appointment.
Persons  appointed  by  the  Governor  shall  reside  in  the
district.
(Source: P.A. 82-388; revised 6-27-97.)

    Section 68.  The Sanitary District Act of 1907 is amended
by changing Section 27.1 as follows:

    (70 ILCS 2205/27.1) (from Ch. 42, par. 273.1)
    Sec.  27.1.   The  board  of  trustees  of  any  sanitary
district may arrange to provide for the benefit of  employees
and  trustees  of  the  sanitary district group life, health,
accident, hospital and medical insurance, or any one  or  any
combination  of  such types of insurance.  Such insurance may
include provision for employees  and  trustees  who  rely  on
treatment  by  prayer or spiritual means alone for healing in
accordance with the tenets and practice of a well  recognized
religious  denomination.   The  board of trustees may provide
for payment by the sanitary district of the premium or charge
for such insurance.
    If the board of  trustees  do  not  provide  for  a  plan
pursuant  to  which the sanitary district pays the premium or
charge for any group insurance plan, the  board  of  trustees
may  provide  for  the  withholding  and  deducting  from the
compensation of such of the employees and trustees as consent
thereto the premium or charge for  any  group  life,  health,
accident, hospital and medical insurance.
    The  board of trustees may exercise the powers granted in
this section only if the kinds of such  group  insurance  are
obtained from any insurance company authorized to do business
in  the  State of Illinois or any non-profit hospital service
corporation organized under the provisions of the  Non-Profit
Hospital  Service  Plan  Act,  as  heretofore  and  hereafter
amended,  or incorporated under the provisions of the Medical
Service Plan Act, as heretofore and hereafter amended, or any
other organization or service offering similar coverage.  The
board of trustees may  enact  an  ordinance  prescribing  the
method of operation of such insurance program.
(Source: Laws 1963, p. 2756; revised 1-21-98.)

    Section  69.   The  North  Shore Sanitary District Act is
amended by changing Sections 12 and 29 as follows:

    (70 ILCS 2305/12) (from Ch. 42, par. 288)
    Sec. 12. The board of trustees may levy and collect other
taxes  for  corporate  purposes  upon  property  within   the
territorial  limits  of  the sanitary district, the aggregate
amount of which for each year may not exceed .083% of  value,
as equalized or assessed by the Department of Revenue, except
that  if  a  higher  rate  has been established by referendum
before August 2,  1965,  it  shall  continue.  If  the  board
desires  to  levy such taxes at a rate in excess of .083% but
not in excess of .35% of the value of  all  taxable  property
within   the   district  as  equalized  or  assessed  by  the
Department of Revenue, they shall order the  question  to  be
submitted  at an election to be held within the district. The
certification and submission of the question and the election
shall be governed by  the  general  election  law.  Upon  the
filing  of  a petition signed by 10% of the registered voters
of the district, . the right to levy an  additional  tax,  or
any  portion  thereof, authorized by the legal voters, may at
any  time  after  one  or  more  tax  levies  thereunder,  be
terminated by a majority vote of the electors of the district
at a referendum. The trustees of the district  shall  certify
the  proposition  to the proper election officials, who shall
submit the proposition at an election in accordance with  the
general election law.
    In  addition  to  the  other  taxes  authorized  by  this
Section,  the board of trustees may levy and collect, without
referendum, a tax for the  purpose  of  paying  the  cost  of
operation  of  the  chlorination of sewage, or other means of
disinfection or additional treatment as may  be  required  by
water  quality standards approved or adopted by the Pollution
Control Board or by the court, which tax is  not  subject  to
the  rate  limitations  imposed  by  this  Section but may be
extended at a rate not to exceed .03% of  the  value  of  all
taxable property within the district as equalized or assessed
by the Department of Revenue.
    Such  tax may be extended at a rate in excess of .03% but
not to exceed .05%, providing the question  of  levying  such
increase  has  first  been  submitted  to  the voters of such
district at any regular election held  in  such  district  in
accordance  with  the  general  election  law  and  has  been
approved by a majority of such voters voting thereon.
    The board shall cause the amount required to be raised by
taxation  in each year to be certified to the county clerk by
the second Tuesday in September, as provided in  Section  157
of  the  General Revenue Law of Illinois. All taxes so levied
and certified shall be collected and  enforced  in  the  same
manner  and  by  the same officers as State and county taxes,
and shall be paid over by the officers collecting the same to
the treasurer of the sanitary district in the manner  and  at
the time provided by the General Revenue Law of Illinois.
    The  treasurer shall, when the moneys of the district are
deposited with any bank  or  savings  and  loan  association,
require  that bank or savings and loan association to pay the
same rates of interest for the moneys deposited as  the  bank
or  savings  and  loan  association  is  accustomed to pay to
depositors under like circumstances, in the usual  course  of
its  business.  All  interest  so paid shall be placed in the
general funds of the district, to be  used  as  other  moneys
belonging  to the district raised by general taxation or sale
of water.
    No bank or savings and  loan  association  shall  receive
public  funds  as  permitted  by  this Section, unless it has
complied  with  the  requirements  established  pursuant   to
Section  6  of  "An  Act  relating  to certain investments of
public funds by public agencies", approved July 23, 1943,  as
now or hereafter amended.
    In addition to the foregoing, the Board of Trustees shall
have  all  of the powers set forth in Division 7 of Article 8
of the Illinois Municipal Code until September 10, 1986.
(Source: P.A. 83-541; revised 12-18-97.)

    (70 ILCS 2305/29) (from Ch. 42, par. 296.9)
    Sec. 29.  The board of trustees of any sanitary  district
may  arrange  to  provide  for  the  benefit of employees and
trustees  of  the  sanitary  district  group  life,   health,
accident,  hospital  and medical insurance, or any one or any
combination of those types of insurance.  Such insurance  may
include  provision  for  employees  and  trustees who rely on
treatment by prayer or spiritual means alone for  healing  in
accordance  with the tenets and practice of a well recognized
religious denomination.  The board of  trustees  may  provide
for payment by the sanitary district of the premium or charge
for such insurance.
    If  the  board  of  trustees  does not provide for a plan
pursuant to which the sanitary district pays the  premium  or
charge  for  any  group insurance plan, the board of trustees
may provide  for  the  withholding  and  deducting  from  the
compensation of such of the employees and trustees as consent
thereto  the  premium  or  charge for any group life, health,
accident, hospital and medical insurance.
    The board of trustees may exercise the powers granted  in
this  Section  only  if  the  kinds  of  group  insurance are
obtained from an insurance company authorized to do  business
in  the State of Illinois, from a non-profit hospital service
corporation organized under the Non-Profit  Hospital  Service
Plan   Act,   as   heretofore   and   hereafter  amended,  or
incorporated  under  the  Medical  Service   Plan   Act,   as
heretofore   and   hereafter   amended,  or  from  any  other
organization or service offering similar coverage.  The board
of trustees may enact an ordinance prescribing the method  of
operation of such an insurance program.
(Source: Laws 1967, p. 3808; revised 1-21-98.)

    Section 70.  The Sanitary District Act of 1917 is amended
by changing Sections 25 and 26 as follows:

    (70 ILCS 2405/25) (from Ch. 42, par. 317g)
    Sec.  25.  The board of trustees of any sanitary district
may arrange to provide  for  the  benefit  of  employees  and
trustees   of  the  sanitary  district  group  life,  health,
accident, hospital and medical insurance, or any one  or  any
combination  of  such types of insurance.  Such insurance may
include provision for employees  and  trustees  who  rely  on
treatment  by  prayer or spiritual means alone for healing in
accordance with the tenets and practice of a well  recognized
religious  denomination.   The  board of trustees may provide
for payment by the sanitary district of the premium or charge
for such insurance.
    If the board of  trustees  do  not  provide  for  a  plan
pursuant  to  which the sanitary district pays the premium or
charge for any group insurance plan, the  board  of  trustees
may  provide  for  the  withholding  and  deducting  from the
compensation of such of the employees and trustees as consent
thereto the premium or charge for  any  group  life,  health,
accident, hospital and medical insurance.
    The  board of trustees may exercise the powers granted in
this section only if the kinds of such  group  insurance  are
obtained from any insurance company authorized to do business
in  the State of Illinois, or any non-profit hospital service
corporation organized under the provisions of the  Non-Profit
Hospital  Service  Plan  Act,  as  heretofore  and  hereafter
amended,  or incorporated under the provisions of the Medical
Service Plan Act, as heretofore and hereafter amended, or any
other organization or service offering similar coverage.  The
board of trustees may  enact  an  ordinance  prescribing  the
method of operation of such insurance program.
(Source: Laws 1963, p. 2755; revised 1-21-98.)

    (70 ILCS 2405/26) (from Ch. 42, par. 317h)
    Sec.  26.  (1) The terms used in this Section are defined
as follows:
    The term "Board of Trustees" means the Board of  Trustees
of a sanitary district organized under this Act.
    The    term   "District   Director"   means   the   chief
administrative officer of such sanitary district.
    The term  "Waters"  means  all  accumulations  of  water,
surface  and  underground, natural and artificial, public and
private, or parts thereof,  which  are  wholly  or  partially
within,  or  flow through, the territorial boundaries of such
sanitary district.
    The term "Wastewater" means the combination of liquid and
water-carried wastes from residences,  commercial  buildings,
industrial   plants   and  institutions,  including  polluted
cooling water.
    The term "Sanitary Wastewater" means the  combination  of
liquid  and  water-carried  wastes discharged from toilet and
other sanitary plumbing facilities.
    The term "Industrial Wastewater" means a  combination  of
liquid   and   water-carried   waste,   discharged  from  any
industrial establishment and  resulting  from  any  trade  or
process  carried  on  in  that  establishment  including  the
wastewater  from pretreatment facilities and polluted cooling
water.
    The term "Combined Wastewater" means wastewater including
sanitary  wastewater,  industrial  wastewater,  storm  water,
infiltration and inflow carried to the sewage treatment plant
by a sewer.
    The term  "Pollutant"  means  any  dredged  spoil,  solid
waste,  incinerator  residue, sewage, garbage, sewage sludge,
munitions, chemical wastes, biological materials, radioactive
materials, heat, wrecked or discharged equipment, rock, sand,
cellar dirt and industrial, municipal, and agricultural waste
discharged into any waters as will or is likely to  create  a
nuisance  or  render  such  waters  harmful or detrimental or
injurious  to  public  health,  safety  or  welfare,  or   to
domestic, commercial, industrial, agricultural, recreational,
or  other  legitimate  uses,  or  to livestock, wild animals,
birds, fish, or other aquatic life, or causes  or  may  cause
interference  with  the  operation  of  the sanitary district
sewage treatment plant.
    The term "Interference" means an inhibition or disruption
of  the  sanitary  district's  sewage  treatment  plant,  its
treatment processes or operations, or its  sludge  processes,
use  or  disposal  which  is  a  cause  of  or  significantly
contributes  to  either a violation of any requirement of the
sewage treatment work's ability to discharge to the waters of
the State of Illinois or to the prevention of  sewage  sludge
use  or  disposal  by the sewage treatment work in accordance
with the applicable statutory and regulatory provisions.
    The term "Person" means any and all persons,  natural  or
artificial,  including  any  individual, firm or association,
and any unit  of  local  government  or  private  corporation
organized  or  existing  under  the laws of this or any other
state or country.
    (2)  The sanitary district, acting through  the  District
Director,  may  study,  investigate  and  from  time  to time
determine ways and means of removing from  the  water  within
such   sanitary  district  so  far  as  is  practicable,  all
pollutants in accordance with Federal and State statutes  and
applicable  regulations,  and to determine methods of abating
such pollutants that are detrimental to public health  or  to
animals,   fish  or  aquatic  life,  or  detrimental  to  the
practicable use of the waters  for  purposes  of  recreation,
industry   or   agriculture,  or  which  interfere  or  might
interfere with the  operation  of  such  sanitary  district's
sewage treatment plant.
    (3)  The  sanitary district may by ordinance provide that
no user  who  is  planning  to  discharge  into  any  waters,
pollutants  or  wastewater  which  may cause the pollution of
such waters within such  sanitary  district,  may  make  such
discharge  unless  a  written  permit  or  permits  for  such
discharge  have  been granted by the sanitary district acting
through its Board of Trustees. The sanitary district  may  by
ordinance provide that no changes in or additions to a user's
discharge  into any waters, including changes in or additions
to the method of treating of wastewater or pollutants, may be
made within such  sanitary  district  unless  and  until  the
proposed  changes  have been submitted to and approved by the
sanitary district and a permit or permits  have  been  issued
therefor by the Board of Trustees.
    (4)  Plans  and  specifications describing any discharges
set forth in this Act shall  be  submitted  to  the  sanitary
district  before  a  written permit or permits may be issued.
Construction of any facilities required  by  such  plans  and
specifications  must  be  in  accordance  with such plans and
specifications. In case it is necessary or desirable to  make
material changes in said plans or specifications, the revised
plans  or  specifications,  together with the reasons for the
proposed changes must be submitted to the  sanitary  district
for a revised or supplemental written permit.
    (5)  The  sanitary  district, acting through the District
Director, may require any user, other than a user discharging
only domestic strength waste, which  is  discharging  to  the
sanitary  district,  to  file  with  it complete plans of the
whole or of any part of its wastewater discharge  system  and
any other information and records concerning the installation
and operation of such system.
    (6)  The  sanitary  district, acting through the District
Director, may establish procedures  for  the  review  of  any
plans,  specifications  or  other data relative to any user's
wastewater discharge system, for which this  Act  requires  a
written permit or permits.
    (7)  The  sanitary  district, acting through the District
Director,  may  adopt  and  enforce  rules  and   regulations
governing  the  issuance of permits and the method and manner
under which plans, specifications,  or  other  data  relative
thereto  must  be  submitted  for  such  wastewater discharge
systems or for additions to, changes in or extensions of such
wastewater discharge systems.
    (8)  Whenever the sanitary district, acting  through  the
District  Director,  determines that wastewater or pollutants
are being discharged into any waters and when, in the opinion
of the District Director, such discharge pollutes the same or
renders such waters incapable of use for the purposes  stated
herein, the District Director may by conference, conciliation
and  persuasion,  endeavor  to the fullest extent possible to
eliminate such discharge or cause such  discharger  to  cease
such  pollution.   The  District Director shall not hold more
than  one  such  conference  for  any  single  user  in   any
consecutive  12  month period before calling for a Show Cause
Hearing as set forth herein.  In addition,  nothing  in  this
Section  shall  prohibit  the  Director, upon discovery of an
ongoing or potential discharge of pollutants  to  the  sewage
treatment  works  which  reasonably  appears  to  present  an
imminent  danger  to  the  health or welfare of persons, from
seeking and obtaining from the Circuit Court of the county in
which the such  sanitary  district  is  located  a  Temporary
Restraining  Order to halt or prohibit such discharge or from
proceeding  under  any  other  provision  of  this  Act;  and
provided  further,  that  where  the  Director  discovers  an
ongoing or potential discharge to its sewage treatment  works
which  presents or may present a danger to the environment or
which threatens to interfere or interferes with the operation
of its treatment works, he may call a Show Cause  Hearing  as
set  forth herein without the requirement for such process of
conference, conciliation and persuasion.
    In the case of the failure  by  conference,  conciliation
and  persuasion  to  correct or remedy any claimed violation,
the District Director may order whoever causes such discharge
to show cause before the Board of Trustees of  such  sanitary
district  why  such  discharge should not be discontinued.  A
notice may be served on the offending party directing him  or
it  to  show cause before such Board of Trustees why an Order
should not be entered directing the  discontinuance  of  such
discharge.   Such  notice  shall  specify  the time and place
where a hearing will be held and shall be  served  personally
or by registered or certified mail at least 5 days before the
hearing;  and  in the case of a unit of local government or a
corporation, such service shall be upon an officer  or  agent
thereof.  After reviewing the evidence, the Board of Trustees
may  issue  an  order  to  the  party  responsible  for  such
discharge,  directing  that  the user responsible shall cease
such discharge immediately or that following a specified time
such discharge shall cease or the discharge permit or permits
previously  issued  to  such  discharger  shall  be   revoked
immediately  or  after  a  time  certain, or shall issue such
other order as may serve to abate  said  discharge.   If  the
party  fails  to  cease such discharge in accordance with the
Board's Order, the  sanitary  district  may  disconnect  such
discharge on Order of the Board of Trustees.
    (9)  Any   permit   authorized   and   issued  under  the
provisions of this Act may, when necessary, in the opinion of
the District Director, to prevent pollution of  such  waters,
be  revoked  or  modified  by  the  Board  of  Trustees after
investigation, notice and hearing as  provided  in  paragraph
(8) of this Section.
    (10)  A  violation  of  an order of the Board of Trustees
shall be considered a nuisance.   If  any  person  discharges
sewage  or  industrial wastes or other wastes into any waters
contrary to the orders of the Board of Trustees, the sanitary
district, acting through the District Director, has the power
to commence an action or proceeding in the Circuit  Court  in
and for the county in which such sanitary district is located
for  the  purpose  of  having the discharge stopped either by
mandamus or injunction.
    The Court shall specify a time,  not  exceeding  20  days
after  the  service of the copy of the Petition, in which the
party complained of must answer  the  Petition,  and  in  the
meantime, the party may be restrained.  In case of default in
answer  or  after answer, the Court shall immediately inquire
into the facts and circumstances of the case  and  enter  any
appropriate   judgment   order  in  respect  to  the  matters
complained of.   An  appeal  may  be  taken  from  the  final
judgment  in  the  same  manner  and  with the same effect as
appeals are taken from judgments  of  the  Circuit  Court  in
other actions for mandamus or injunction.
    (11)  The Board of Trustees or any member thereof, or any
officer or employee designated by such Board, may conduct the
hearing  and  take the evidence provided for in paragraph (8)
of this Section, and transmit a report of  the  evidence  and
hearing,  together  with  recommendations,  to  the  Board of
Trustees for action thereon.
    At any public hearing, testimony must be taken under oath
and recorded stenographically.  The  transcript  so  recorded
must  be  made  available  to any member of the public or any
party to the  hearing  upon  payment  of  the  usual  charges
therefor.
    In  any such hearing, the Board, or the designated member
or members, or  any  officer  or  employee  of  the  District
designated   by  the  Board,  may  subpoena  and  compel  the
attendance  of  witnesses  and  the  production  of  evidence
reasonably necessary to the resolution of  the  matter  under
consideration.   The  Board,  or  the  designated  member  or
members,   or   any  officer  or  employee  of  the  District
designated by the Board, shall issue such subpoenas upon  the
request  of any party to a Show Cause Hearing under paragraph
(8) of this Section or upon its own Motion, and  may  examine
witnesses.
    (12)  The  provisions  of  the Administrative Review Law,
and the rules adopted pursuant thereto, apply to  and  govern
all   proceedings   for   the   judicial   review   of  final
administrative decisions of the Board of Trustees  hereunder.
The  term  "administrative decision" is defined as in Section
3-101 of the Code of Civil Procedure.
    (13)  Whoever violates any  provisions  of  this  Act  or
fails  to  comply  with  an order of the Board of Trustees in
accordance with the provisions of this Act shall be fined not
less than $100 nor more than $1,000.  Each day's  continuance
of  such  violation  or  failure  is a separate offense.  The
penalties provided in this Section plus reasonable attorney's
fees, court  costs  and  other  expenses  of  litigation  are
recoverable  by the sanitary district upon its suit, as debts
are recoverable at law.
(Source: P.A. 83-1525; revised 12-18-97.)

    Section 71.  The Metropolitan Water Reclamation  District
Act  is amended by changing Sections 3.1, 5.7, 8a, and 19a as
follows:

    (70 ILCS 2605/3.1) (from Ch. 42, par. 322.1)
    Sec.  3.1.   EPA   Director.    The   Director   of   the
Environmental  Protection  Agency or his or her appointee may
attend, and participate  in,  meetings  of  the  Metropolitan
Water  Reclamation  Sanitary District of Greater Chicago, but
he or she who shall have no vote at such meetings.
(Source: P.A. 76-2438; revised 1-15-98.)

    (70 ILCS 2605/5.7) (from Ch. 42, par. 324q)
    Sec. 5.7. The board of trustees  of  the  district  shall
consider  the  budget  estimates  as  submitted  to it by the
general  superintendent  and  may  add  to,  revise,   alter,
increase  or  decrease  the  items  contained  in the budget.
However,  in  no  event  may  the  total  aggregate  proposed
expenditures in the budget exceed the total  estimated  means
of financing the budget.
    The  board of trustees shall, before January first of the
budget year, adopt the budget which is effective  on  January
first of the budget year. The appropriation ordinance and tax
levy  ordinance  must  be  parts  of  the  budget and must be
adopted as a part thereof by single action of  the  board  of
trustees.  The appropriation ordinance must be filed with and
be a part of the tax levy ordinance, which tax levy ordinance
need not contain any further or additional specifications  of
purposes,  itemizations  or  details for which appropriations
and  the  levy  are  made.  The  board  of   trustees   shall
appropriate  such sums of money as may be necessary to defray
all necessary expenses and liabilities of the district to  be
paid  by  the  board of trustees or incurred during and until
the time of the adoption  and  effective  date  of  the  next
annual appropriation ordinance under this Section.  The board
of  trustees  shall  appropriate such sums of money as may be
necessary to pay the principal and  interest  on  bonds.  The
board  may  not expend any money or incur any indebtedness or
liability  on  behalf  of  the  district  in  excess  of  the
percentage and several amounts limited by law,  when  applied
to  the  last  known  assessment. The appropriation ordinance
must specify the several funds, organization units,  objects,
character   and   functions   (activities)   for  which  such
appropriations are made, and the amount appropriated for each
fund, organization  unit,  object,  character,  and  function
(activity).  The receipts of the district as estimated in the
budget and as provided for by the  tax  levy  ordinances  and
other   revenues   and   borrowing  Acts  or  ordinances  are
applicable  in  the  amounts  and  according  to  the   funds
specified  in  the  budget  for  the  purpose  of meeting the
expenditures authorized by  the  appropriate  ordinance.  The
vote  of the board of trustees upon the budget shall be taken
by yeas and nays, and shall be entered in the proceedings  of
the board of trustees.
    The  appropriation  ordinance  may be amended at the next
regular meeting of the board  of  trustees  occurring  before
January  first  of  the  budget year and not less than 5 days
after the passage thereof in like manner as other ordinances.
If any items of appropriations contained therein  are  vetoed
by  the  president  of  the  board,  with recommendations for
alterations  or  changes  therein,  the  adoption   of   such
recommendations by a yea and nay vote is the equivalent of an
amendment  of  such  annual appropriation ordinance with like
effect as if an amendatory ordinance had been passed.
    Such appropriation ordinance together with other parts of
the budget as the board of trustees desire must be  published
in  a  newspaper  of  general circulation in the district and
made conveniently available for  inspection  by  the  public.
Such  publication  must  be made after the date of passage of
such budget and before January 20 of the budget year, but the
date of publication does  not  affect  the  legality  of  the
appropriation  ordinance  or  the  tax  levy ordinance or any
other ordinances necessary to  give  effect  to  the  budget.
Such  ordinances are effective on the first day of January of
the budget year.
    The Clerk shall certify that such appropriation ordinance
as published is a true, accurate and  complete  copy  of  the
appropriation  ordinance  as passed and approved by the board
of trustees. The board of trustees shall also make public, by
publication  or  otherwise,  at  this  time,  the  tax   rate
necessary  or estimated to be necessary to finance the budget
as adopted.
    After adoption of the appropriation ordinance, the  board
of  trustees  may not make any further or other appropriation
prior to the adoption  or  passage  of  the  next  succeeding
annual  appropriation  ordinance.  The  board  has  no power,
either directly or indirectly, to make  any  contract  or  to
take   any  action  which  adds  to  the  total  of  district
expenditures or liabilities in any budget year any  sum  over
and above the amount provided for in the annual appropriation
ordinance  for  the  budget  year.   However,  the  board  of
trustees  has the power, anything in this Act to the contrary
notwithstanding, if after the adoption of  the  appropriation
ordinance  (1) federal or State grants or loans are accepted,
(2) the voters approve a  bond  ordinance  for  a  particular
purpose  or  the issuance of bonds is otherwise authorized by
law, or (3) duly authorized bonds of the  district  remaining
unissued and unsold have been cancelled and any ordinance has
been adopted by the board of trustees under Section 9 of this
Act  authorizing  the  issuance of bonds not exceeding in the
aggregate the  amount  of  bonds  so  cancelled,  to  pass  a
supplemental  appropriation ordinance (in compliance with the
provisions of this Act as to publication and  voting  thereon
by  the  board  of  trustees)  making  appropriation, for the
particular purpose only as set forth in the ordinance, of the
proceeds of the grants, loans, or  bond  issue  or  any  part
thereof  required  to  be  expended  during  the fiscal year.
However, nothing  herein  contained  prevents  the  board  of
trustees,  by  a  concurring  vote  of  two-thirds of all the
trustees (votes to be taken by yeas and nays and  entered  in
the  proceeding  of  the  board of trustees), from making any
expenditures or incurring any liability rendered necessary to
meet emergencies such as epidemics, flood,  fire,  unforeseen
damages  or other catastrophes catastrophies, happening after
the  annual  appropriation  ordinance  has  been  passed   or
adopted,.  nor  does  anything  herein  deprive  the board of
trustees of the power to provide for and  cause  to  be  paid
from  the district funds any charge upon the district imposed
by law without the action of the board of trustees.
(Source: P.A. 87-364; revised 6-27-97.)

    (70 ILCS 2605/8a) (from Ch. 42, par. 327a)
    Sec. 8a. The Sanitary District, in addition to the  other
powers  vested  in it, is empowered, with the approval of the
Department  of  Natural  Resources  as   successor   to   the
Department  of Transportation and the Department of Purchases
and Construction  of  the  State  of  Illinois,  through  its
Director,  to  remise, release, quit claim, grant, convey and
transfer all its right, title and interest in and to any  and
all  lands, tenements and hereditaments and in and to any and
all property, including structures, of every kind and  nature
or  rights  to  or  in,  under,  over  and adjoining the Main
Channel, Main Channel Extension, Calumet-Sag Channel and  the
North   Shore  Channel  of  the  Sanitary  District  and  for
improvements made by the Sanitary District  in,  under,  over
and  adjoining  the Chicago River, the Calumet River, the Des
Plaines DesPlaines River and tributaries thereto, and any and
all other  land,  property  or  structures  of  the  Sanitary
District,  to  the  United  States  of  America, the State of
Illinois,  the  County   of   Cook   or/and   any   Municipal
Corporation,  upon  such terms as may be mutually agreed upon
by the Sanitary District and the United  States  of  America,
the  State  of  Illinois,  the  County  of  Cook  or/and  any
Municipal  Corporation;  and  the  Board  of  Trustees of the
Sanitary District is empowered to and may authorize the doing
of all things and acts, and the execution of  such  documents
and  instruments and adopt such resolutions and ordinances in
connection therewith that may be required, and the provisions
of this Section 8a shall constitute  complete  authority  for
the performance of all acts herein provided without reference
to  other laws and shall be construed as conferring powers in
addition to, but not limiting,  powers  granted  under  other
existing laws.
    Provided  that The proceeds derived from any such sale or
transfer to  the  United  States  of  America  shall,  unless
Congress shall otherwise provide, be used only for paying the
costs   of  controlling  works  in  the  Chicago  River,  the
completion, construction and enlargement of sewage  treatment
works,  and  additions  therefor,  pumping stations, tunnels,
conduits and intercepting sewers  connecting  therewith,  and
outlet  sewers, together with the equipment and appurtenances
necessary thereto, and for the acquisition of the  sites  and
rights of way necessary thereto, and for engineering expenses
for  designing  and supervising the construction of the works
above described, which works are made necessary by the decree
of the Supreme Court of the United States in the consolidated
cases entitled "Wisconsin et al. v. The State of Illinois and
The Sanitary District of  Chicago",  numbers  7,  11  and  12
original.;
    Provided,  however,  that Any excess of the proceeds, not
required for the cost  of  construction  of  the  works  made
necessary  by the decree, may be used for the construction of
sewage  disposal  plants  and  equipment   thereof,   pumping
stations,  and intercepting sewers and appurtenances thereto,
the acquisition of  sites  and  easements  therefor  and  the
expense   of  design  and  supervision  of  the  construction
thereof.
(Source: P.A. 89-445, eff. 2-7-96; revised 6-27-97.)

    (70 ILCS 2605/19a) (from Ch. 42, par. 340)
    Sec. 19a.  No person shall be  an  incompetent  judge  or
juror  by  reason  of  his being an inhabitant or or owner or
life tenant of real estate in any  sanitary  district  formed
under  the  provisions  hereof  in  any  action in which such
sanitary district may be a party in interest.
(Source: P.A. 84-551; revised 6-27-97.)

    Section 72.  The Sanitary District Act of 1936 is amended
by changing Sections 1 and 4.1 as follows:

    (70 ILCS 2805/1) (from Ch. 42, par. 412)
    Sec. 1.  Incorporation; referendum.
    (a)  Any area of contiguous territory within  the  limits
of  a  single  county  and  without  the  limits of any city,
village or  incorporated  town,  may  be  incorporated  as  a
sanitary  district  under  this Act in the manner provided in
this Section. following:
    (b)  Any 20%  of  the  legal  voters  residing,  resident
within the limits of the such proposed sanitary district, may
petition  the  Circuit  Court  in  the  county  in  which the
proposed district is situated, to cause to  be  submitted  to
the  legal  voters of the such proposed sanitary district the
question of as to whether the such proposed  territory  shall
be organized as a sanitary district under this Act.  The Such
petition  shall  be  addressed to the Circuit Court and shall
contain a definite  description  of  the  boundaries  of  the
territory  to  be embraced in the such district, and the name
of the such proposed sanitary district.
    (c)  Upon filing of the such petition in  the  office  of
the  circuit  clerk  in the county in which the such proposed
sanitary district is situated, it shall be the  duty  of  the
Circuit  Court  shall  to name 3 judges of the such court who
shall constitute a board of commissioners, which  shall  have
power  and  authority  to consider the boundaries of the such
proposed sanitary district and whether  the  such  boundaries
shall be as described in the such petition or otherwise.  The
decision  of  2  two  of  the  such  commissioners  shall  be
conclusive  and shall not be subject to review in any manner,
directly or indirectly.
    (d)  Notice shall be given by the Circuit  Court  of  the
time  and  place where the such commissioners will meet, by a
publication of such notice at least 20 days prior to the such
meeting in one or more daily or weekly  newspapers  published
in the such proposed district or and, if no such newspaper is
published  in the such proposed district, then by the posting
of at least 5 five copies of the  such  notice  in  the  such
proposed district at least 20 days before the such hearing.
    (e)  At  the such meeting all persons who reside resident
in the such proposed district shall have an opportunity to be
heard and to make suggestions regarding touching the location
and boundary of  the  such  proposed  district  and  to  make
suggestions  regarding  the  same.   The  Such commissioners,
after hearing statements, evidence and suggestions, shall fix
and determine the boundaries of the such  proposed  district,
and  for  that purpose and to that extent they, may alter and
amend the such petition.  After the such determination by the
commissioners, or a majority  of  them,  their  determination
shall  be incorporated in an order, which shall be entered of
record in the Circuit Court.
    (f)  Upon the entering of the  such  order,  the  Circuit
Court  shall certify the the question of the organization and
establishment of the proposed  sanitary  district,  with  the
boundaries   as  determined  by  the  commissioners,  to  the
appropriate  election  authorities  who  shall   submit   the
question  at  an  election  in  accordance  with  the general
election law.  In addition to the requirements of the general
election law, notice shall specify briefly the purpose of the
such election,  with  a  description  of  the  such  proposed
sanitary district.
    (g)  Each  legal  voter resident within the such proposed
sanitary district shall have the right to cast  a  ballot  at
the  such referendum.  The question shall be in substantially
the following form:
-------------------------------------------------------------
    For Sanitary District
-------------------------------------------------------------
    Against Sanitary District
-------------------------------------------------------------
    (h)  The Circuit Court shall cause  a  statement  of  the
result  of the such referendum to be entered of record in the
Circuit Court.  If a majority of  the  votes  cast  upon  the
question   of  the  organization  and  establishment  of  the
proposed  sanitary  district  shall  be  in  favor   of   the
organization  and  establishment  of  the  proposed  sanitary
district,   the   such   proposed   sanitary  district  shall
thenceforth be deemed to have been incorporated and to be  an
organized sanitary district under this Act.
(Source: P.A. 83-343; revised 6-27-97.)

    (70 ILCS 2805/4.1) (from Ch. 42, par. 415.1)
    Sec. 4.1.  The board of trustees of any sanitary district
may  arrange  to  provide  for  the  benefit of employees and
trustees  of  the  sanitary  district  group  life,   health,
accident,  hospital  and medical insurance, or any one or any
combination of such types of insurance.  Such  insurance  may
include  provision  for  employees  and  trustees who rely on
treatment by prayer or spiritual means alone for  healing  in
accordance  with the tenets and practice of a well recognized
religious denomination.  The board of  trustees  may  provide
for payment by the sanitary district of the premium or charge
for such insurance.
    If  the  board  of  trustees  do  not  provide for a plan
pursuant to which the sanitary district pays the  premium  or
charge  for  any  group insurance plan, the board of trustees
may provide  for  the  withholding  and  deducting  from  the
compensation of such of the employees and trustees as consent
thereto  the  premium  or  charge for any group life, health,
accident, hospital and medical insurance.
    The board of trustees may exercise the powers granted  in
this  section  only  if the kinds of such group insurance are
obtained from any insurance company authorized to do business
in the State of Illinois, or any non-profit hospital  service
corporation  organized under the provisions of the Non-profit
Hospital  Service  Plan  Act,  as  heretofore  and  hereafter
amended, or incorporated under the provisions of the  Medical
Service Plan Act, as heretofore and hereafter amended, or any
other organization or service offering similar coverage.  The
board  of  trustees  may  enact  an ordinance prescribing the
method of operations of such insurance program.
(Source: Laws 1963, p. 2754; revised 1-21-98.)
    Section 73.  The Metro  East  Solid  Waste  Disposal  and
Energy Producing Service Act is amended by changing Section 1
as follows:

    (70 ILCS 3110/1) (from Ch. 111 1/2, par. 7101)
    Sec.  1.   Finding  and  Purpose.  For the benefit of the
People of this State, the increase of their commerce, welfare
and prosperity, and  the  improvement  of  their  health  and
living conditions, it is essential that provision be made for
the  efficient collection and disposal of waste on a district
basis from both public and private sources in compliance with
State and federal laws, regulations, and policies and for the
generation of energy and the  recovery  of  usable  resources
form such waste to the extent practicable.  It is the purpose
of   this  Act  to  assist  certain  participating  political
subdivisions of this State, other  public  entities  and  the
private  sector  of  the  economy  to  provide adequate waste
disposal facilities and  facilities  for  the  generation  of
steam, electricity, or other forms of energy from fuels which
are  derived  from or are otherwise related to waste disposal
facilities by providing a coordinating agency and a financing
vehicle for such facilities.  It is the purpose of  this  Act
to  assist  the  participating municipalities to effect waste
disposal programs on a district basis and to  that  end  this
Act  provides  for  the  creation  of  the  Metro  East Solid
Disposal and Energy Producing Service.  It is  the  intention
and purpose of this Act that, without in any way limiting the
discretion  of the Service, the Service and the Environmental
Protection Agency are to  cooperate  to  the  maximum  extent
practicable in effecting a district waste disposal and energy
generating    program    to    service.   the   participating
municipalities.
(Source: P.A. 84-1320; revised 12-18-97.)
    Section 74.  The Surface Water Protection District Act is
amended by changing Section 19 as follows:

    (70 ILCS 3405/19) (from Ch. 42, par. 466)
    Sec. 19. Bonds.  Any surface  water  protection  district
may  borrow  money  for  its corporate purposes and may issue
bonds therefor, but shall not become indebted in any  manner,
or  for  any  purpose,  in  to  an  amount  exceeding, in the
aggregate, to exceed 5% of the valuation of taxable  property
therein,  to  be ascertained by the last equalized assessment
for State and county taxes previous to the incurring of  such
indebtedness.   Whenever  the  board  of trustees of the such
district  desires  to  issue  bonds  under  this  Section  it
hereunder they shall, except as otherwise provided in Section
20a,  certify  the  question  to  to  the   proper   election
officials,  who  shall  submit the question at an election in
accordance with the general election law.  The result of  the
referendum shall be entered upon the records of the district.
If  a  majority  of the votes on the question are in favor of
the issuance issue of bonds,  the  board  of  trustees  shall
order and direct the execution of the bonds for and on behalf
of  the district.  All bonds issued hereunder shall mature in
not  exceeding  20  annual  installments.   The  ballots  for
elections held under this Section shall be  in  substantially
the following form:
-------------------------------------------------------------
    Shall .... Surface Water               YES
Protection District issue bonds      ------------------------
in the amount of .... dollars?             NO
-------------------------------------------------------------
(Source: P.A. 81-1489; revised 6-27-97.)

    Section  75.   The  Water  Authorities  Act is amended by
changing Section 2 as follows:
    (70 ILCS 3715/2) (from Ch. 111 2/3, par. 224)
    Sec. 2.  The court  shall  canvass  the  returns  of  the
election and by written order shall determine and declare the
result  thereof  within the territory that shall be described
in the order, which order shall be entered of record  in  the
the court.  If a majority of the votes cast upon the question
shall  be  in  favor of the same, the order shall declare the
territory  a  duly  organized  water  authority  and  a  body
corporate and politic.  In case the territory of the proposed
authority is situated in more than one county, then the court
shall cause a certified copy of the order to  be  filed  with
the  circuit  clerk  of  each  of  the  such  other county or
counties, who shall cause the same to be filed of  record  in
their respective courts.
(Source: P.A. 83-343; revised 6-27-97.)

    Section 76.  The Illinois Local Library Act is amended by
changing Section 5-9 as follows:

    (75 ILCS 5/5-9) (from Ch. 81, par. 5-9)
    Sec. 5-9. Nothing in this Article 5 shall be construed as
limiting  or  affecting  in  any  way the powers of boards of
trustees of township libraries  under  the  Township  Library
Bond  Act  "An Act to enable boards of of public libraries to
borrow money for  the  erection  or  improvement  of  library
buildings  or  to  purchase  library sites", approved May 18,
1905, as heretofore and hereafter amended.
(Source: P.A. 84-770; revised 6-27-97.)

    Section 77.  The School Code is amended by setting  forth
and  renumbering  multiple  versions  of  Section 2-3.120 and
changing Sections 2-3.25g, 9-11.2, 10-10, 10-22.3a, 10-22.31,
17-2.2c, 18-8, and 18-8.05 as follows:
    (105 ILCS 5/2-3.25g) (from Ch. 122, par. 2-3.25g)
    Sec. 2-3.25g.  Waiver or modification of mandates  within
the  School  Code  and  administrative rules and regulations.
Notwithstanding any other provisions of this School  Code  or
any other law of this State to the contrary, school districts
may  petition  the State Board of Education for the waiver or
modification of the mandates of this School Code  or  of  the
administrative rules and regulations promulgated by the State
Board    of   Education.    Waivers   or   modifications   of
administrative rules and  regulations  and  modifications  of
mandates  of  this School Code may be requested when a school
district demonstrates that it can address the intent  of  the
rule or mandate in a more effective, efficient, or economical
manner  or  when necessary to stimulate innovation or improve
student performance.  Waivers of mandates of the School  Code
may  be requested when the waivers are necessary to stimulate
innovation or improve student performance.  Waivers  may  not
be  requested from laws, rules, and regulations pertaining to
special education, teacher certification, or  teacher  tenure
and seniority.
    School  districts,  as  a  matter  of inherent managerial
policy,  and  any  Independent  Authority  established  under
Section 2-3.25f may submit an application  for  a  waiver  or
modification authorized under this Section.  Each application
must  include  a  written  request  by the school district or
Independent Authority and must demonstrate that the intent of
the mandate can be addressed in a more effective,  efficient,
or  economical  manner  or  be based upon a specific plan for
improved student performance and  school  improvement.    Any
district  requesting  a waiver or modification for the reason
that intent of  the  mandate  can  be  addressed  in  a  more
economical  manner  shall include in the application a fiscal
analysis showing current  expenditures  on  the  mandate  and
projected  savings resulting from the waiver or modification.
Applications and plans developed by school districts must  be
approved  by  each  board  of  education  following  a public
hearing on the application and plan and the  opportunity  for
the  board to hear testimony from educators directly involved
in its implementation,  parents,  and  students.  The  public
hearing  must  be  preceded  by at least one published notice
occurring at least 7 days prior to the hearing in a newspaper
of general circulation within the school district  that  sets
forth  the  time,  date, place, and general subject matter of
the hearing.  The school district must notify in writing  the
affected   exclusive   collective  bargaining  agent  of  the
district's  intent  to  seek  approval   of   a   waiver   or
modification  and of the hearing to be held to take testimony
from educators.  The affected exclusive collective bargaining
agents shall be notified of such public hearing  at  least  7
days prior to the date of the hearing and shall be allowed to
attend such public hearing.
    A  request for a waiver or modification of administrative
rules and regulations  or  for  a  modification  of  mandates
contained in this School Code shall be submitted to the State
Board of Education within 15 days after approval by the board
of  education.   Following  receipt of the request, the State
Board shall have  45  days  to  review  the  application  and
request.    If  the  State  Board  fails  to  disapprove  the
application  within  that  45  day  period,  the  waiver   or
modification  shall  be  deemed granted.  The State Board may
disapprove  any  request  if  it  is  not  based  upon  sound
educational practices, endangers  the  health  or  safety  of
students   or  staff,  compromises  equal  opportunities  for
learning, or fails to demonstrate that the intent of the rule
or mandate can be addressed in a more  effective,  efficient,
or  economical manner or have improved student performance as
a primary goal.  Any request disapproved by the  State  Board
may  be  appealed  to  the General Assembly by the requesting
school district as outlined in this Section.
    A request for a waiver from mandates  contained  in  this
School  Code  shall be submitted to the State Board within 15
days after approval by the board  of  education.   The  State
Board   shall   review  the  applications  and  requests  for
completeness and shall compile the requests in reports to  be
filed  with  the General Assembly. The State Board shall file
reports outlining the waivers requested by  school  districts
and  appeals  by  school districts of requests disapproved by
the  State  Board  with  the  Senate   and   the   House   of
Representatives before each May 1 and October 1.  The General
Assembly  may  disapprove  the  report  of the State Board in
whole or in part within 30 calendar days after each house  of
the  General Assembly next convenes after the report is filed
by adoption of a resolution by a record vote of the  majority
of  members  elected  in each house.  If the General Assembly
fails to disapprove any waiver request  or  appealed  request
within  such  30 day period, the waiver or modification shall
be deemed granted.  Any resolution  adopted  by  the  General
Assembly disapproving a report of the State Board in whole or
in part shall be binding on the State Board.
    An  approved  waiver or modification may remain in effect
for a period not to exceed 5 school years and may be  renewed
upon application by the school district. However, such waiver
or modification may be changed within that 5-year period by a
local  school  district  board following the procedure as set
forth in this Section for the initial waiver or  modification
request.   If  neither  the  State Board of Education nor the
General Assembly disapproves, the change is deemed granted.
    On or before February 1, 1998, and each year  thereafter,
the State Board of Education shall submit a cumulative report
summarizing all types of waiver mandates and modifications of
mandates  granted by the State Board or the General Assembly.
The report shall identify the topic of the waiver along  with
the  number  and percentage of school districts for which the
waiver has been granted.  The report shall also  include  any
recommendations  from the State Board regarding the repeal or
of modification of waived mandates.
(Source: P.A. 89-3, eff. 2-27-95; 89-626, eff. 8-9-96; 90-62,
eff. 7-3-97; 90-462, eff. 8-17-97; revised 11-17-97.)

    (105 ILCS 5/2-3.120)
    Sec.  2-3.120.  Non-Public  school  students'  access  to
technology.
    (a)  The General Assembly finds  and  declares  that  the
Constitution  of  the  State  of  Illinois  provides  that  a
"fundamental   goal  of  the  People  of  the  State  is  the
educational development of all persons to the limit of  their
capacities",  and  that  the educational development of every
school student serves the public purposes of the  State.   In
order  to  enable  Illinois students to leave school with the
basic skills and knowledge that will enable them to find  and
hold  jobs  and  otherwise  function as productive members of
society in the 21st Century, all students must have access to
the vast educational resources provided  by  computers.   The
provisions  of  this  Section are in the public interest, for
the public benefit, and serve a secular public purpose.
    (b)  The  State  Board   of   Education   shall   provide
non-public  schools  with  ports  to  the  Board's  statewide
educational  network,  provided  that  this  access  does not
diminish  the  services  available  to  public  schools   and
students.  The State Board of Education shall charge for this
access  in  an  amount necessary to offset its cost.  Amounts
received by the State Board of Education under  this  Section
shall be deposited in the School Technology Revolving Fund as
described  in  Section 2-3.121.  The statewide network may be
used only for secular educational purposes.
    (c)  For purposes of this Section,  a  non-public  school
means:  (i)  any  non-profit, non-public college; or (ii) any
non-profit,   non-home-based,   non-public   elementary    or
secondary  school  that is in compliance with Title VI of the
Civil Rights Act of 1964 and attendance  at  which  satisfies
the requirements of Section 26-1 of the School Code.
(Source: P.A. 90-463, eff. 8-17-97; 90-566, eff. 1-2-98.)

    (105 ILCS 5/2-3.123)
    Sec.  2-3.123. 2-3.120.  Giant Steps pilot program.  From
appropriations made for purposes of this Section,  the  State
Board  of  Education  shall  implement and administer a Giant
Steps pilot program for the study and  evaluation  of  autism
and  to  provide related teacher training.  The program shall
be operated over a period of 3 school years,  beginning  with
the  1997-1998  school year.  The State Board of Education is
authorized to make grants to school districts that  apply  to
participate  in  the  Giant  Steps program as implemented and
administered by the State  Board  of  Education.   The  State
Board  of  Education  shall  by  rule  provide  the  form  of
application  and criteria to be used and applied in selecting
participating school districts.
(Source: P.A. 90-498, eff. 8-18-97; revised 11-19-97.)

    (105 ILCS 5/2-3.125)
    Sec. 2-3.125. 2-3.120.  Arts and humanities organizations
and cultural institutions. The State Board  of  Education  is
authorized  to  reimburse  not-for-profit arts and humanities
organizations  and   cultural   institutions   of   Illinois,
including  but  not  limited to, museums and theater or dance
companies, for the costs of providing educational programs to
public elementary and secondary school students.
(Source: P.A. 90-361, eff. 1-1-98; revised 1-12-98.)

    (105 ILCS 5/9-11.2) (from Ch. 122, par. 9-11.2)
    Sec.  9-11.2.   For   all   school   districts   electing
candidates  to a board of education in a manner other than at
large, candidates not elected at large  who  file  nominating
petitions  for  a full term shall be grouped together by area
of residence as follows:
    (1)  by congressional townships, or
    (2)  according to incorporated or  unincorporated  areas,
or
    (3)  by  affected school districts, if the form of ballot
prescribed by Format 2a or 2b of Section 9-12 is required  to
be used for the election.
    For  all  school districts electing candidates to a board
of education in a manner other than at large, candidates  not
elected  at  large  who  file  nominating  petitions  for  an
unexpired term shall be grouped together by area of residence
as follows:
    (1)  by congressional townships, or
    (2)  according  to  incorporated or unincorporated areas,
or
    (3)  by affected school districts, if the form of  ballot
prescribed  by Format 2a or 2b of Section 9-12 is required to
be used for the election.
    Except in those instances when the ballot under Format  5
of  Section  9-12 is required to be used, candidate groupings
by area  of  residence  for  full  terms  shall  precede  the
candidate  groupings by area of residence for unexpired terms
on the ballot. In all instances, however, the ballot order of
each candidate grouping shall be determined by the  order  of
petition filing or lottery held pursuant to Section 9-11.1 in
the following manner:
    The  area  of residence of the candidate determined to be
first by order of petition filing  or  by  lottery  shall  be
listed  first  among  the  candidate groupings on the ballot.
All other candidates from the same  area  of  residence  will
follow  according to order of petition filing or the lottery.
The area of residence  of  the  candidate  determined  to  be
second  by  the order of petition filing or the lottery shall
be listed second among the candidate groupings on the ballot.
All other candidates from the same  area  of  residence  will
follow  according  to  the  order  of  petition filing or the
lottery.  The ballot order of additional candidate  groupings
by area of residence shall be established in a like manner.
    In  any  school  district  that  elects its board members
according to area of residence  and  that  has  one  or  more
unexpired  terms  to  be filled at an election, the winner or
winners of the unexpired term or terms  shall  be  determined
first and independently of those running for full terms.  The
winners  of  the  full  terms shall then be determined taking
into consideration the areas of residence of those elected to
fill the unexpired term or terms.
    "Area  of  Residence"   means   congressional   township,
incorporated and unincorporated territories, and, if the form
of  ballot  prescribed  by Format 2a or 2b of Section 9-12 is
required to be used in electing  candidates  to  a  board  of
education, affected school districts.
    "Affected  school  district" means either of the 2 entire
elementary school districts that are formed into  a  combined
school  district  established as provided in subsection (a-5)
of Section 11B-7.
(Source: P.A.  89-579,  eff.  7-30-96;  90-59,  eff.  7-3-97;
90-459, eff. 8-17-97; revised 11-14-97.)

    (105 ILCS 5/10-10) (from Ch. 122, par. 10-10)
    Sec.  10-10.  Board  of  education;  Term; Vacancy.   All
school districts having a population of not fewer than  1,000
and  not more than 500,000 inhabitants, as ascertained by any
special or general census, and not governed by special  Acts,
shall  be  governed  by  a board of education consisting of 7
members,  serving  without  compensation  except  as   herein
provided.  Each member shall be elected for a term of 4 years
except  as  otherwise provided in subsection (a-5) of Section
11B-7 for the initial members of the board of education of  a
combined school district to which that subsection applies. If
5  members  are  elected in 1983 pursuant to the extension of
terms provided by law  for  transition  to  the  consolidated
election  schedule under the general election law, 2 of those
members shall be elected to serve terms  of  2  years  and  3
shall  be elected to serve terms of 4 years; their successors
shall serve for a 4 year term.  When the voters of a district
have voted to elect members of the board of education  for  6
year  terms,  as provided in Section 9-5, the terms of office
of members of the board of education of that district  expire
when their successors assume office but not later than 7 days
after  such  election. If at the regular school election held
in the first odd-numbered year  after  the  determination  to
elect  members  for  6 year terms 2 members are elected, they
shall serve for a 6 year term; and of the members elected  at
the  next regular school election 3 shall serve for a term of
6 years and 2 shall serve a  term  of  2  years.   Thereafter
members  elected  in  such  districts shall be elected to a 6
year term.  If at the regular school  election  held  in  the
first  odd-numbered  year  after  the  determination to elect
members for 6 year terms 3 members are  elected,  they  shall
serve  for  a  6 year term; and of the members elected at the
next regular school election 2 shall serve for a  term  of  2
years  and  2  shall serve for a term of 6 years.  Thereafter
members elected in such districts shall be  elected  to  a  6
year  term.   If  at  the regular school election held in the
first odd-numbered year  after  the  determination  to  elect
members for 6 year terms 4 members are elected, 3 shall serve
for  a  term  of  6 years and one shall serve for a term of 2
years; and of the members elected at the next regular  school
election 2 shall serve for terms of 6 years and 2 shall serve
for  terms  of  2  years.  Thereafter members elected in such
districts shall be elected to a  6  year  term.   If  at  the
regular  school  election held in the first odd-numbered year
after the determination to elect members for a 6 year term  5
members  are elected, 3 shall serve for a term of 6 years and
2 shall serve for a term of  2  years;  and  of  the  members
elected at the next regular school election 2 shall serve for
terms  of  6  years  and  2 shall serve for terms of 2 years.
Thereafter members elected in such districts shall be elected
to a 6 year term.  An election for board members shall not be
held in school districts which by  consolidation,  annexation
or otherwise shall cease to exist as a school district within
6  six  months  after  the election date, and the term of all
board  members  which  would  otherwise  terminate  shall  be
continued until such district  shall  cease  to  exist.  Each
member  shall,  on  the date of his election, be a citizen of
the United States of the age of 18 years or over, a  resident
of  the  State and the territory of the district for at least
one year immediately preceding  his  election,  a  registered
voter  as provided in the general election law, and shall not
be a school trustee or a school treasurer.  When the board of
education is the  successor  of  the  school  directors,  all
rights of property, and all rights regarding causes of action
existing  or  vested  in  such directors, shall vest in it as
fully as they were vested in the school directors.  Terms  of
members are subject to Section 2A-54 of the Election Code.
    Nomination  papers filed under this Section are not valid
unless the candidate named therein files with  the  secretary
of  the board of education or with a person designated by the
board to receive nominating  petitions  a  receipt  from  the
county clerk showing that the candidate has filed a statement
of   economic   interests   as   required   by  the  Illinois
Governmental Ethics Act.  Such  receipt  shall  be  so  filed
either  previously  during  the  calendar  year  in which his
nomination papers were filed or within  the  period  for  the
filing  of  nomination  papers in accordance with the general
election law.
    Whenever a vacancy occurs, the  remaining  members  shall
notify  the  regional superintendent of that vacancy within 5
days after its occurrence  and  shall  proceed  to  fill  the
vacancy  until  the  next  regular  school election, at which
election a successor shall be elected to serve the  remainder
of  the  unexpired term.  However, if the vacancy occurs with
less than 868 days remaining in the term, or if  the  vacancy
occurs  less than 88 days before the next regularly scheduled
election for this office then the person so  appointed  shall
serve the remainder of the unexpired term, and no election to
fill  the  vacancy shall be held. Should they fail so to act,
within  45  days  after  the  vacancy  occurs,  the  regional
superintendent of schools under whose supervision and control
the district is operating, as defined in  Section  3-14.2  of
this  Act,  shall  within 30 days after the remaining members
have failed to fill the vacancy, fill the vacancy as provided
for herein. Upon the  regional  superintendent's  failure  to
fill  the  vacancy,  the  vacancy shall be filled at the next
regularly scheduled election.  Whether elected  or  appointed
by  the  remaining  members  or  regional superintendent, the
successor shall be an inhabitant of the particular area  from
which  his  or her predecessor was elected if the residential
requirements contained in Section 11A-8, 11B-7,  or  12-2  of
this Act apply.
(Source:  P.A.  89-129,  eff.  7-14-95; 89-579, eff. 7-30-96;
90-358, eff. 1-1-98; 90-459, eff. 8-17-97; revised 11-14-97.)

    (105 ILCS 5/10-22.3a) (from Ch. 122, par. 10-22.3a)
    Sec. 10-22.3a.  To  provide  for  or  to  participate  in
provisions  for  insurance  protection  and  benefits for its
employees and their dependents including but not  limited  to
retirement  annuities,  medical, surgical and hospitalization
benefits in such types and  amounts,  if  any,  as  shall  be
determined  by  the  board,  for  the  purpose  of  aiding in
securing and retaining the services of  competent  employees.
Where  employee participation in such provisions is involved,
the board, with the consent of  the  employee,  may  withhold
deductions from the employee's salary necessary to defray the
employee's  share of such insurance costs.  Such insurance or
benefits may be contracted for only with an insurance company
authorized to do business in this State,  or  any  non-profit
hospital  service  corporation organized under the non-profit
Hospital Service Plan Act or incorporated under  the  Medical
Service  Plan Act.  Such insurance may include provisions for
employees and their  dependents  who  rely  on  treatment  by
prayer  or  spiritual  means alone for healing, in accordance
with the  tenets  and  practice  of  a  recognized  religious
denomination.
    For  purposes of this Section, the term "dependent" means
an employee's spouse and any unmarried child  (1)  under  the
age  of  19  years  including  (a) an adopted child and (b) a
step-child or recognized child who lives with the employee in
a regular parent-child relationship, or (2) under the age  of
23  who  is enrolled as a full-time student in any accredited
school, college or university.
(Source: P. A. 76-26; revised 1-21-98.)

    (105 ILCS 5/10-22.31) (from Ch. 122, par. 10-22.31)
    Sec. 10-22.31.  Special education.
    (a)  To enter into joint  agreements  with  other  school
boards  to  provide the needed special educational facilities
and to employ a director and other  professional  workers  as
defined  in  Section  14-1.10  and to establish facilities as
defined  in  Section  14-1.08  for  the  types  of   children
described  in Sections 14-1.02 through 14-1.07.  The director
(who may be employed under a multi-year contract as  provided
in  subsection  (c)  of  this Section) and other professional
workers may be employed  by  one  district,  which  shall  be
reimbursed on a mutually agreed basis by other districts that
are  parties  to  the  joint  agreement.  Such agreements may
provide that one district may supply professional workers for
a  joint  program  conducted  in  another   district.    Such
agreement   shall   provide   that   any   full-time   school
psychologist who is employed by a joint agreement program and
spends  over  50%  of  his or her time in one school district
shall not be required to work a different  teaching  schedule
than  the  other school psychologists in that district.  Such
agreement shall include, but not be  limited  to,  provisions
for  administration,  staff,  programs,  financing,  housing,
transportation,  an  advisory body, and for the withdrawal of
districts from the  joint  agreement.   Except  as  otherwise
provided  in  Section 10-22.31.1, the withdrawal of districts
from the joint agreement shall be by petition to the regional
board of school trustees.  Such agreement may be  amended  at
any  time as provided in the joint agreement or, if the joint
agreement does not so provide, then  such  agreement  may  be
amended   at   any  time  upon  the  adoption  of  concurring
resolutions by the school boards of all member districts.   A
fully  executed  copy  of  any  such  agreement  or amendment
entered into on or after January 1, 1989 shall be filed  with
the  State Board of Education.  Such petitions for withdrawal
shall be made to the regional board of school trustees of all
counties  having  jurisdiction  over  one  or  more  of   the
districts in the joint agreement.  Upon receipt of a petition
for withdrawal, the regional boards of school trustees having
jurisdiction  over  the  cooperating  districts shall publish
notice of and  conduct  a  joint  hearing  on  the  issue  as
provided in Section 7-6.  No such petition may be considered,
however,  unless in compliance with Section 7-8.  If approved
by a 2/3 vote of all trustees of those regional boards, at  a
joint  meeting,  the  withdrawal  takes effect as provided in
Section 7-9 of this Act.
    (b)  To either (1) designate an  administrative  district
to  act  as fiscal and legal agent for the districts that are
parties to the joint agreement, or (2) designate a  governing
board  composed  of  one  member  of the school board of each
cooperating district and designated by such boards to act  in
accordance with the joint agreement.  No such governing board
may  levy  taxes  and  no  such governing board may incur any
indebtedness except within an annual  budget  for  the  joint
agreement  approved  by the governing board and by the boards
of at least a majority of the cooperating school districts or
a number of districts greater than a majority if required  by
the  joint  agreement.   If more than 17 school districts are
parties to the  joint  agreement,  the  governing  board  may
appoint   an  executive  board  of  at  least  7  members  to
administer the joint agreement in accordance with its  terms.
However,  if  20  school  districts,  a majority of which are
located wholly or partially in a county with a population  in
excess  of  3,000,000  inhabitants,  are  parties  to a joint
agreement that does not have an administrative district:  (i)
at least a majority of the members appointed by the governing
board to the executive board shall be members of  the  school
boards   of  the  cooperating  districts;  and  (ii)  if  the
governing board wishes to appoint members who are not  school
board   members,  they  shall  be  superintendents  from  the
cooperating districts.
    (c)  To employ a director of a  joint  agreement  program
under a multi-year contract.  No such contract can be offered
or  accepted for less than or more than 3 years, except for a
person serving as a director of  a  special  education  joint
agreement  for  the  first time in Illinois.  In such a case,
the initial contract shall be for  a  2  year  period.   Such
contract  may be discontinued at any time by mutual agreement
of the  contracting  parties,  or  may  be  extended  for  an
additional 3 years at the end of any year.
    The  contract  year  is July 1 through the following June
30th, unless the contract  specifically  provides  otherwise.
Notice  of  intent  not  to  renew a contract when given by a
controlling board  or  administrative  district  must  be  in
writing  stating  the  specific  reason  therefor.  Notice of
intent not to  renew  the  contract  must  be  given  by  the
controlling  board or the administrative district at least 90
days  before  the  contract  expires.   Failure to do so will
automatically extend the contract for one additional year.
    By accepting the terms of the  multi-year  contract,  the
director  of  a  special education joint agreement waives all
rights granted under Sections 24-11  through  24-16  for  the
duration  of his or her employment as a director of a special
education joint agreement.
    (d)  To designate a district that is a party to the joint
agreement as the issuer of bonds or notes  for  the  purposes
and  in  the  manner  provided  in  this  Section.  It is not
necessary for such district to  also  be  the  administrative
district for the joint agreement, nor is it necessary for the
same district to be designated as the issuer of all series of
bonds  or notes issued hereunder.  Any district so designated
may, from time to time, borrow money and, in evidence of  its
obligation to repay the borrowing, issue its negotiable bonds
or   notes   for  the  purpose  of  acquiring,  constructing,
altering, repairing, enlarging and equipping any building  or
portion  thereof, together with any land or interest therein,
necessary  to  provide  special  educational  facilities  and
services as defined in Section 14-1.08.  Title in and to  any
such  facilities  shall  be held in accordance with the joint
agreement.
    Any  such  bonds  or  notes  shall  be  authorized  by  a
resolution of the board of education of the issuing district.
The resolution may contain such covenants as  may  be  deemed
necessary  or advisable by the district to assure the payment
of the bonds or notes.  The  resolution  shall  be  effective
immediately upon its adoption.
    Prior to the issuance of such bonds or notes, each school
district  that is a party to the joint agreement shall agree,
whether by amendment to the joint agreement or by  resolution
of the board of education, to be jointly and severally liable
for  the  payment of the bonds and notes.  The bonds or notes
shall be payable solely  and  only  from  the  payments  made
pursuant to such agreement.
    Neither  the bonds or notes nor the obligation to pay the
bonds or notes under any joint agreement shall constitute  an
indebtedness of any district, including the issuing district,
within   the  meaning  of  any  constitutional  or  statutory
limitation.
    As long as any bonds or notes are outstanding and unpaid,
the agreement by a district to pay the bonds and notes  shall
be irrevocable notwithstanding the district's withdrawal from
membership in the joint special education program.
    (e)  If  a  district  whose  employees are on strike was,
prior to the strike, sending students  with  disabilities  to
special   educational  facilities  and  services  in  another
district or cooperative, the district affected by the  strike
shall  continue  to  send such students during the strike and
shall be eligible to receive appropriate State reimbursement.
    (f)  With respect to those joint agreements that  have  a
governing board composed of one member of the school board of
each  cooperating  district and designated by those boards to
act in accordance with the  joint  agreement,  the  governing
board  shall have, in addition to its other powers under this
Section, the authority  to  issue  bonds  or  notes  for  the
purposes  and in the manner provided in this subsection.  The
governing board of the joint agreement may from time to  time
borrow  money and, in evidence of its obligation to repay the
borrowing, issue  its  negotiable  bonds  or  notes  for  the
purpose  of  acquiring,  constructing,  altering,  repairing,
enlarging  and  equipping  any  building  or portion thereof,
together with any land  or  interest  therein,  necessary  to
provide   special  educational  facilities  and  services  as
defined in Section 14-1.08 and including also facilities  for
activities   of   administration   and   educational  support
personnel employees.  Title in and  to  any  such  facilities
shall be held in accordance with the joint agreement.
    Any  such  bonds  or  notes  shall  be  authorized  by  a
resolution  of  the  governing  board.   The  resolution  may
contain   such  covenants  as  may  be  deemed  necessary  or
advisable by the governing board to assure the payment of the
bonds or notes and interest accruing thereon.  The resolution
shall be effective immediately upon its adoption.
    Each school  district  that  is  a  party  to  the  joint
agreement  shall  be  automatically  liable, by virtue of its
membership in the  joint  agreement,  for  its  proportionate
share  of  the  principal  amount of the bonds and notes plus
interest accruing thereon, as  provided  in  the  resolution.
Subject  to  the  joint  and  several  liability  hereinafter
provided  for,  the  resolution  may  provide  for  different
payment  schedules  for  different  districts except that the
aggregate amount of  scheduled  payments  for  each  district
shall be equal to its proportionate share of the debt service
in  the  bonds  or  notes  based  upon  the fraction that its
equalized assessed valuation bears  to  the  total  equalized
assessed  valuation  of all the district members of the joint
agreement as adjusted in the manner hereinafter provided.  In
computing that fraction the most recent  available  equalized
assessed  valuation  at the time of the issuance of the bonds
and notes shall be used, and the equalized assessed valuation
of any district maintaining grades K to 12 shall  be  doubled
in  both  the  numerator and denominator of the fraction used
for all of the  districts  that  are  members  of  the  joint
agreement.  In case of default in payment by any member, each
school  district that is a party to the joint agreement shall
automatically be jointly and severally liable for the  amount
of  any  deficiency.  The bonds or notes and interest thereon
shall  be  payable  solely  and  only  from  the  funds  made
available pursuant  to  the  procedures  set  forth  in  this
subsection.   No project authorized under this subsection may
require an annual contribution for  bond  payments  from  any
member  district  in  excess of 0.15% of the value of taxable
property as  equalized  or  assessed  by  the  Department  of
Revenue  in  the  case of districts maintaining grades K-8 or
9-12 and 0.30% of the value of taxable property as  equalized
or  assessed  by  the  Department  of  Revenue in the case of
districts maintaining grades K-12.  This limitation on taxing
authority  is  expressly  applicable  to   taxing   authority
provided  under Section 17-9 and other applicable Sections of
this Act.  Nothing contained  in  this  subsection  shall  be
construed  as  an  exception  to the property tax limitations
contained in  Section  17-2,  17-2.2a,  17-5,  or  any  other
applicable Section of this Act.
    Neither  the bonds or notes nor the obligation to pay the
bonds or notes under any joint agreement shall constitute  an
indebtedness  of  any  district  within  the  meaning  of any
constitutional or statutory limitation.
    As long as any bonds or notes are outstanding and unpaid,
the obligation of a district to pay its  proportionate  share
of  the  principal  of and interest on the bonds and notes as
required in this Section shall be a general obligation of the
district  payable  from  any  and  all  sources  of   revenue
designated  for that purpose by the board of education of the
district  and  shall  be  irrevocable   notwithstanding   the
district's  withdrawal  from  membership in the joint special
education program.
(Source: P.A. 89-397,  eff.  8-20-95;  89-613,  eff.  8-9-96;
89-626,  eff.  8-9-96;  90-103,  eff.  7-11-97;  90-515, eff.
8-22-97; revised 11-13-97.)

    (105 ILCS 5/17-2.2c) (from Ch. 122, par. 17-2.2c)
    Sec. 17-2.2c.  Tax for leasing educational facilities  or
computer  technology  or  both,  and for temporary relocation
expense purposes.  The school board of any district  may,  by
proper resolution, may levy an annual tax, in addition to any
other  taxes  and  not  subject  to the limitations specified
elsewhere in this Article, not to exceed .05% upon the  value
of  the  taxable  property  as  equalized  or assessed by the
Department of Revenue, for the purpose of leasing educational
facilities or computer technology or both, and, in  order  to
repay  the  State  all moneys distributed to it for temporary
relocation expenses of the district, may levy an  annual  tax
not  to exceed .05% upon the value of the taxable property as
equalized or assessed by the  Department  of  Revenue  for  a
period not to exceed 7 years for the purpose of providing for
the  repayment of moneys distributed for temporary relocation
expenses of the school district pursuant to Section 2-3.77.
    The tax rate limit specified by this Section with respect
to  an  annual  tax  levied  for  the  purpose   of   leasing
educational  facilities or computer technology or both may be
increased to .10% upon  the  approval  of  a  proposition  to
effect  such increase by a majority of the electors voting on
that proposition  at  a  regular  scheduled  election.   Such
proposition  may  be  initiated  by  resolution of the school
board and shall be certified by the secretary to  the  proper
election  authorities  for  submission in accordance with the
general election law.
    The district is  authorized  to  pledge  any  tax  levied
pursuant   to   this  Section  for  the  purpose  of  leasing
educational facilities or  computer  technology  or  both  to
secure the payment of any lease, lease-purchase agreement, or
installment  purchase  agreement entered into by the district
for such purpose.
    For the purposes of this Section, "leasing of educational
facilities or  computer  technology  or  both"  includes  any
payment with respect to a lease, lease-purchase agreement, or
installment  purchase  agreement to acquire or use buildings,
rooms, grounds, and appurtenances to be used by the  district
for  the use of schools or for school administration purposes
and all equipment, fixtures, renovations, and improvements to
existing facilities of the district necessary to  accommodate
computers, as well as computer hardware and software.
    Any  school  district  may  abolish or abate its fund for
leasing educational facilities or computer technology or both
and  for  temporary  relocation  expense  purposes  upon  the
adoption  of  a  resolution   so   providing   and   upon   a
determination by the school board that the moneys in the fund
are  no  longer  needed for leasing educational facilities or
computer technology  or  both  or  for  temporary  relocation
expense  purposes.   The resolution shall direct the transfer
of any balance in the fund to another school district fund or
funds  immediately  upon  the   resolution   taking   effect.
Thereafter,  any  outstanding  taxes  of  the school district
levied pursuant to this Section shall be collected  and  paid
into  the  fund  or  funds  as  directed by the school board.
Nothing in this Section shall prevent a school district  that
has  abolished  or abated the fund from again creating a fund
for  leasing  educational  facilities   and   for   temporary
relocation  expense  purposes  in the manner provided in this
Section.
(Source: P.A.  89-106,  eff.  7-7-95;  90-97,  eff.  7-11-97;
90-464, eff. 8-17-97; revised 11-17-97.)

    (105 ILCS 5/18-8) (from Ch. 122, par. 18-8)
    (Section scheduled to be repealed on July 1, 1998)
    Sec.  18-8.  Basis  for   apportionment   to   districts,
laboratory schools and alternative schools.
    A.  The  amounts to be apportioned for school years prior
to the 1998-1999 school year 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.
    Notwithstanding any other provisions of this Section, for
the 1997-1998 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 1996-1997 school year.  If a school  district
is  to  receive  an  aggregate  general State aid entitlement
under this Section for the 1997-1998 school year that is less
than  the  amount  of  the  aggregate   general   State   aid
entitlement that the district received under this Section for
the  1996-1997  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 1996-1997
school year exceeds the general State  aid  entitlement  that
the  district  is  to  receive  under  this  Section  for the
1997-1998 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.
    (p)  For  the  1997-1998 school year only, a supplemental
general  State  aid  grant  shall  be  provided  for   school
districts  in an amount equal to the greater of the result of
part (i) of this subsection or part (ii) of this  subsection,
calculated as follows:
         (i)  The  general  State  aid  received  by a school
    district under this Section for the 1997-1998 school year
    shall be added to the sum of (A) the result  obtained  by
    multiplying  the  1995 equalized valuation of all taxable
    property in the district by  the  fixed  calculation  tax
    rates  of  3.0%  for  unit districts, 2.0% for elementary
    districts and 1.0% for high school districts plus (B) the
    aggregate   corporate   personal   property   replacement
    revenues received by the district  during  the  1996-1997
    school year.  That aggregate amount determined under this
    part  (i)  shall  be divided by the average of the best 3
    months of  pupil  attendance  in  the  district  for  the
    1996-1997 school year. If the result obtained by dividing
    the  aggregate  amount  determined under this part (i) by
    the average of the best 3 months of pupil  attendance  in
    the  district  is  less  than  $3,600,  the  supplemental
    general  State aid grant for that district shall be equal
    to the amount determined by subtracting from  $3,600  the
    result   obtained   by   dividing  the  aggregate  amount
    determined under this part (i) by the average of the best
    3 months of pupil attendance  in  the  district,  and  by
    multiplying  that difference by the average of the best 3
    months of  pupil  attendance  in  the  district  for  the
    1996-1997 school year.
         (ii)  The  general  State  aid  received by a school
    district under this Section for the 1997-1998 school year
    shall be added to the sum of (A) the result  obtained  by
    multiplying  the 1995 equalized assessed valuation of all
    taxable  property  in  the  district  by  the  district's
    applicable 1995 operating tax rate  as  defined  in  this
    part  (ii)  plus  (B)  the  aggregate  corporate personal
    property replacement revenues received  by  the  district
    during  the 1996-1997 school year.  That aggregate amount
    shall be divided by the average of the best 3  months  of
    pupil attendance in the district for the 1996-1997 school
    year.   If  the result obtained by dividing the aggregate
    amount determined in this part (ii) by the average of the
    best 3 months of pupil attendance in the district is less
    than $4,100, the supplemental general State aid grant for
    that district shall be equal to the amount determined  by
    subtracting  from  the  $4,100  the  result  obtained  by
    dividing  the  aggregate  amount  determined in this part
    (ii) by the  average  of  the  best  3  months  of  pupil
    attendance  in  the  district  and  by  multiplying  that
    difference  by  the average of the best 3 months of pupil
    attendance in the district for the 1996-1997 school year.
    For the purposes of this part (ii), the "applicable  1995
    operating  tax  rate"  shall  mean the following: (A) for
    unit districts with operating tax rates of 3.00% or less,
    elementary districts with operating tax rates of 2.00% or
    less, and high school districts with operating tax  rates
    of  1.00% or less, the applicable 1995 operating tax rate
    shall be 3.00% for unit districts, 2.00%  for  elementary
    districts,  and  1.00% for high school districts; (B) for
    unit districts with operating tax rates of 4.50% or more,
    elementary districts with operating tax rates of 3.00% or
    more, and high school districts with operating tax  rates
    of  1.85% or more, the applicable 1995 operating tax rate
    shall be 4.50% for unit districts, 3.00%  for  elementary
    districts,  and  1.85% for high school districts; and (C)
    for unit districts with operating tax rates of more  than
    3.00%  and less than 4.50%, for elementary districts with
    operating tax rates of more  than  2.00%  and  less  than
    3.00%,  and  for high school districts with operating tax
    rates of  more  than  1.00%  and  less  than  1.85%,  the
    applicable   1995   operating   tax  rate  shall  be  the
    district's actual 1995 operating tax rate.
    If the moneys appropriated in a separate line item by the
General  Assembly  to  the  State  Board  of  Education   for
supplementary payments required to be made and distributed to
school  districts  for  the  1997-1998 school year under this
subsection  5(p)  are  insufficient,  the   amount   of   the
supplementary payments required to be made and distributed to
those  school  districts  under  this  subsection shall abate
proportionately.
    (p-5)  For the 1997-98 school year only,  a  supplemental
general   State  aid  grant  shall  be  provided  for  school
districts based on the number of low-income  eligible  pupils
within  the  school  district.   For  the  purposes  of  this
subsection  5(p-5), "low-income eligible pupils" shall be the
low-income  eligible  pupil  count  from  the  most  recently
available federal census.  The supplemental general State aid
grant for each district shall  be  equal  to  the  number  of
low-income eligible pupils within that district multiplied by
$30.50.    If the moneys appropriated in a separate line item
by the General Assembly to the State Board of  Education  for
supplementary payments required to be made and distributed to
school  districts  for  the  1997-98  school  year under this
subsection  5(p-5)  are  insufficient,  the  amount  of   the
supplementary payments required to be made and distributed to
those   districts   under   this   subsection   shall   abate
proportionately.
    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 of schools, the
State Board of Education shall require by rule such reporting
requirements as it deems necessary.
    As used in this  Section,  "laboratory  school"  means  a
public  school  which  is  created  and  operated by a public
university and approved by the State Board of Education.  The
governing board of a public university which  receives  funds
from the State Board under this subsection 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. A regional superintendent of schools  may  contract
with a school district or a public community college district
to  operate  an  alternative  school.   An alternative school
serving more than  one  educational  service  region  may  be
operated  under such terms as the regional superintendents of
schools of those educational service regions may agree.
    Each laboratory and alternative  school  shall  file,  on
forms  provided  by the State Superintendent of Education, an
annual  State  aid  claim  which  states  the  average  daily
attendance of the school's students by  month.   The  best  3
months'  average  daily attendance shall be computed for each
school.  The  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.
    C.  This Section is repealed July 1, 1998.
(Source: P.A.  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; 90-9, eff.
7-1-97; 90-14, eff. 7-1-97;  90-548,  eff.  12-4-97;  90-566,
eff. 1-2-98; revised 1-8-98.)

    (105 ILCS 5/18-8.05)
    (This  Section  may contain text from a Public Act with a
delayed effective date.)
    Sec. 18-8.05.  Basis for apportionment of  general  State
financial  aid  and  supplemental  general  State  aid to the
common schools for the 1998-1999 and subsequent school years.

(A)  General Provisions.
    (1)  The  provisions  of  this  Section  apply   to   the
1998-1999 and subsequent school years.  The system of general
State  financial aid provided for in this Section is designed
to assure that, through a combination of State financial  aid
and  required local resources, the financial support provided
each pupil in Average Daily Attendance equals  or  exceeds  a
prescribed per pupil Foundation Level.  This formula approach
imputes  a  level  of per pupil Available Local Resources and
provides for the basis to calculate  a  per  pupil  level  of
general  State  financial  aid  that, when added to Available
Local Resources, equals or exceeds the Foundation Level.  The
amount of per pupil general State financial  aid  for  school
districts,   in   general,  varies  in  inverse  relation  to
Available Local Resources.  Per pupil amounts are based  upon
each  school district's Average Daily Attendance as that term
is defined in this Section.
    (2)  In addition to general State financial  aid,  school
districts  with  specified levels or concentrations of pupils
from  low  income  households   are   eligible   to   receive
supplemental  general  State financial aid grants as provided
pursuant to subsection (H). The supplemental State aid grants
provided for school districts under subsection (H)  shall  be
appropriated  for distribution to school districts as part of
the same line item in which the general State  financial  aid
of school districts is appropriated under this Section.
    (3)  To  receive financial assistance under this Section,
school districts are required to file claims with  the  State
Board of Education, subject to the following requirements:
         (a)  Any  school  district which fails for any given
    school year to maintain school as required by law, or  to
    maintain  a recognized school is not eligible to file for
    such school year any claim upon the Common  School  Fund.
    In  case  of  nonrecognition  of  one  or more attendance
    centers  in  a  school   district   otherwise   operating
    recognized  schools,  the  claim of the district shall be
    reduced  in  the  proportion  which  the  Average   Daily
    Attendance  in  the  attendance center or centers bear to
    the Average Daily Attendance in the school  district.   A
    "recognized  school"  means any public school which meets
    the standards as established for recognition by the State
    Board of Education.   A  school  district  or  attendance
    center  not  having  recognition  status  at the end of a
    school term is entitled to receive State aid payments due
    upon  a  legal  claim  which  was  filed  while  it   was
    recognized.
         (b)  School district claims filed under this Section
    are subject to Sections 18-9, 18-10, and 18-12, except as
    otherwise provided in this Section.
         (c)  If  a  school  district  operates  a  full year
    school under Section 10-19.1, the general  State  aid  to
    the  school  district  shall  be  determined by the State
    Board of Education in accordance  with  this  Section  as
    near as may be applicable.
         (d)  Claims  for  financial  assistance  under  this
    Section  shall  not  be  recomputed  except  as expressly
    provided under this Section.
    (4)  Except as provided in subsections (H) and  (L),  the
board  of  any  district receiving any of the grants provided
for in this Section may apply those  funds  to  any  fund  so
received   for   which  that  board  is  authorized  to  make
expenditures by law.
    School districts are not  required  to  exert  a  minimum
Operating  Tax  Rate in order to qualify for assistance under
this Section.
    (5)  As used in this Section the  following  terms,  when
capitalized, shall have the meaning ascribed herein:
         (a)  "Average  Daily  Attendance":  A count of pupil
    attendance  in  school,  averaged  as  provided  for   in
    subsection   (C)  and  utilized  in  deriving  per  pupil
    financial support levels.
         (b)  "Available Local Resources":  A computation  of
    local  financial support, calculated on the basis Average
    Daily Attendance and  derived  as  provided  pursuant  to
    subsection (D).
         (c)  "Corporate    Personal   Property   Replacement
    Taxes":  Funds paid to local school districts pursuant to
    "An Act in  relation  to  the  abolition  of  ad  valorem
    personal  property  tax  and  the replacement of revenues
    lost thereby, and amending and repealing certain Acts and
    parts of Acts in connection therewith", certified  August
    14, 1979, as amended (Public Act 81-1st S.S.-1).
         (d)  "Foundation  Level":  A prescribed level of per
    pupil financial support as  provided  for  in  subsection
    (B).
         (e)  "Operating  Tax  Rate":   All  school  district
    property   taxes   extended   for  all  purposes,  except
    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 purposes.

(B)  Foundation Level.
    (1)  The  Foundation Level is a figure established by the
State representing the minimum level of per  pupil  financial
support  that  should  be  available to provide for the basic
education of each pupil in Average Daily Attendance.  As  set
forth  in  this  Section,  each school district is assumed to
exert  a  sufficient  local  taxing  effort  such  that,   in
combination with the aggregate of general State financial aid
provided  the  district,  an  aggregate  of  State  and local
resources are available to meet the basic education needs  of
pupils in the district.
    (2)  For  the 1998-1999 school year, the Foundation Level
of support is $4,225.  For the  1999-2000  school  year,  the
Foundation  Level  of  support  is $4,325.  For the 2000-2001
school year, the Foundation Level of support is $4,425.
    (3)  For the 2001-2002 school year and each  school  year
thereafter, the Foundation Level of support is $4,425 or such
greater  amount  as  may be established by law by the General
Assembly.

(C)  Average Daily Attendance.
    (1)  For  purposes  of  calculating  general  State   aid
pursuant  to  subsection  (E),  an  Average  Daily Attendance
figure shall  be  utilized.   The  Average  Daily  Attendance
figure  for formula calculation purposes shall be the monthly
average of the actual number of pupils in attendance of  each
school district, as further averaged for the best 3 months of
pupil  attendance for each school district.  In compiling the
figures for  the  number  of  pupils  in  attendance,  school
districts  and  the  State  Board  of  Education  shall,  for
purposes  of  general  State  aid funding, conform attendance
figures to the requirements of subsection (F).
    (2)  The Average Daily  Attendance  figures  utilized  in
subsection (E) shall be the requisite attendance data for the
school  year  immediately preceding the school year for which
general State aid is being calculated.

(D)  Available Local Resources.
    (1)  For  purposes  of  calculating  general  State   aid
pursuant  to  subsection  (E),  a representation of Available
Local Resources per  pupil,  as  that  term  is  defined  and
determined  in this subsection, shall be utilized.  Available
Local Resources per pupil shall include a  calculated  dollar
amount representing local school district revenues from local
property   taxes   and   from   Corporate  Personal  Property
Replacement Taxes,  expressed  on  the  basis  of  pupils  in
Average Daily Attendance.
    (2)  In  determining  a  school  district's  revenue from
local property taxes, the  State  Board  of  Education  shall
utilize  the  equalized  assessed  valuation  of  all taxable
property of each school district as of September  30  of  the
previous  year.   The  equalized  assessed valuation utilized
shall be obtained and determined as  provided  in  subsection
(G).
    (3)  For school districts maintaining grades kindergarten
through  12,  local  property tax revenues per pupil shall be
calculated  as  the  product  of  the  applicable   equalized
assessed  valuation for the district multiplied by 3.00%, and
divided by the district's Average  Daily  Attendance  figure.
For  school districts maintaining grades kindergarten through
8, local property tax revenues per pupil shall be  calculated
as the product of the applicable equalized assessed valuation
for  the  district  multiplied  by  2.30%, and divided by the
district's  Average  Daily  Attendance  figure.   For  school
districts maintaining grades 9 through 12, local property tax
revenues per pupil shall be the applicable equalized assessed
valuation of the district multiplied by 1.20%, and divided by
the district's Average Daily Attendance figure.
    (4)  The Corporate Personal  Property  Replacement  Taxes
paid to each school district during the calendar year 2 years
before  the  calendar  year  in  which  a school year begins,
divided by the  Average  Daily  Attendance  figure  for  that
district,  shall  be added to the local property tax revenues
per pupil as derived by the application  of  the  immediately
preceding  paragraph (3).  The sum of these per pupil figures
for each school district  shall  constitute  Available  Local
Resources  as  that term is utilized in subsection (E) in the
calculation of general State aid.

(E)  Computation of General State Aid.
    (1)  For each school year, the amount  of  general  State
aid  allotted  to  a school district shall be computed by the
State Board of Education as provided in this subsection.
    (2)  For any school district for  which  Available  Local
Resources  per  pupil  is less than the product of 0.93 times
the Foundation Level, general State  aid  for  that  district
shall  be  calculated  as  an  amount equal to the Foundation
Level minus Available  Local  Resources,  multiplied  by  the
Average Daily Attendance of the school district.
    (3)  For  any  school  district for which Available Local
Resources per pupil is equal to or greater than  the  product
of  0.93 times the Foundation Level and less than the product
of 1.75 times the Foundation Level, the general State aid per
pupil shall be a decimal proportion of the  Foundation  Level
derived   using   a  linear  algorithm.   Under  this  linear
algorithm, the calculated general State aid per  pupil  shall
decline   in  direct  linear  fashion  from  0.07  times  the
Foundation Level for a school district with  Available  Local
Resources  equal  to the product of 0.93 times the Foundation
Level, to 0.05  times  the  Foundation  Level  for  a  school
district  with Available Local Resources equal to the product
of 1.75  times  the  Foundation  Level.   The  allocation  of
general  State  aid  for  school  districts  subject  to this
paragraph 3 shall be the calculated  general  State  aid  per
pupil  figure  multiplied  by the Average Daily Attendance of
the school district.
    (4)  For any school district for  which  Available  Local
Resources  per  pupil  equals  or exceeds the product of 1.75
times the Foundation Level, the general  State  aid  for  the
school  district  shall  be calculated as the product of $218
multiplied by the Average  Daily  Attendance  of  the  school
district.

(F)  Compilation of Average Daily Attendance.
    (1)  Each  school district shall, by July 1 of each year,
submit to the State Board of Education, on  forms  prescribed
by  the  State Board of Education, attendance figures for the
school year that began in the preceding calendar  year.   The
attendance  information  so  transmitted  shall  identify the
average daily attendance figures for each month of the school
year, except that 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.
    Days  of attendance by tuition pupils shall be accredited
only to the districts that pay the tuition  to  a  recognized
school.
    (2)  Days  of  attendance  by pupils of less than 5 clock
hours of school shall be subject to the following  provisions
in the compilation of Average Daily Attendance.
         (a)  Pupils  regularly  enrolled  in a public school
    for only a part of the school day may be counted  on  the
    basis  of  1/6 day for every class hour of instruction of
    40 minutes or more attended pursuant to such enrollment.
         (b)  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.
         (c)  A  session  of  4  or  more  clock hours may be
    counted as a day of attendance upon certification by  the
    regional   superintendent,  and  approved  by  the  State
    Superintendent  of  Education  to  the  extent  that  the
    district has been forced to use daily multiple sessions.
         (d)  A session of 3  or  more  clock  hours  may  be
    counted  as a day of attendance (1) when the remainder of
    the school day or at least 2 hours in the evening of that
    day is utilized for an in-service  training  program  for
    teachers,  up  to  a maximum of 5 days per school year 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.
         (e)  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.
         (f)  A  session  of  at  least  4 clock hours may be
    counted as a day of attendance for  first  grade  pupils,
    and  pupils in full day kindergartens, and a session of 2
    or more hours may be counted as 1/2 day of attendance  by
    pupils  in  kindergartens  which  provide only 1/2 day of
    attendance.
         (g)  For children with disabilities  who  are  below
    the  age of 6 years and who cannot attend 2 or more clock
    hours  because  of  their  disability  or  immaturity,  a
    session of not less than one clock hour may be counted as
    1/2 day of attendance; however for  such  children  whose
    educational needs so require a session of 4 or more clock
    hours may be counted as a full day of attendance.
         (h)  A  recognized  kindergarten  which provides for
    only 1/2 day of attendance by each pupil shall  not  have
    more  than  1/2  day  of attendance counted in any 1 day.
    However, kindergartens may count 2 1/2 days of attendance
    in any 5 consecutive school days.  When a  pupil  attends
    such  a  kindergarten  for  2 half days on any one school
    day, the pupil shall have the  following  day  as  a  day
    absent  from  school,  unless the school district obtains
    permission in writing from the  State  Superintendent  of
    Education.  Attendance at kindergartens which provide for
    a  full  day of attendance by each pupil shall be counted
    the same as attendance by first grade pupils.   Only  the
    first  year  of  attendance  in one kindergarten shall be
    counted, except in  case  of  children  who  entered  the
    kindergarten   in  their  fifth  year  whose  educational
    development requires a second  year  of  kindergarten  as
    determined  under  the rules and regulations of the State
    Board of Education.
(G)  Equalized Assessed Valuation Data.
    (1)  For purposes of the calculation of  Available  Local
Resources  required  pursuant  to  subsection  (D), the State
Board of  Education  shall  secure  from  the  Department  of
Revenue  the value as equalized or assessed by the Department
of Revenue of all taxable property of every  school  district
together with the applicable tax rate used in extending taxes
for  the  funds  of  the  district  as of September 30 of the
previous year.
    This equalized assessed valuation, as adjusted further by
the requirements of this subsection, shall be utilized in the
calculation of Available Local Resources.
    (2)  The equalized assessed valuation  in  paragraph  (1)
shall be adjusted, as applicable, in the following manner:
         (a)  For the purposes of calculating State aid under
    this  Section,  with  respect  to  any  part  of a school
    district within a redevelopment project area  in  respect
    to   which  a  municipality  has  adopted  tax  increment
    allocation  financing  pursuant  to  the  Tax   Increment
    Allocation  Redevelopment Act, Sections 11-74.4-1 through
    11-74.4-11  of  the  Illinois  Municipal  Code   or   the
    Industrial  Jobs Recovery Law, Sections 11-74.6-1 through
    11-74.6-50 of the Illinois Municipal Code, no part of the
    current equalized assessed  valuation  of  real  property
    located in any such project area which is attributable to
    an  increase  above  the total initial equalized assessed
    valuation of such property shall be used as part  of  the
    equalized  assessed valuation of the district, until such
    time as all redevelopment project costs have  been  paid,
    as  provided  in  Section  11-74.4-8 of the Tax Increment
    Allocation Redevelopment Act or in Section 11-74.6-35  of
    the Industrial Jobs Recovery Law.  For the purpose of the
    equalized  assessed  valuation of the district, the total
    initial  equalized  assessed  valuation  or  the  current
    equalized assessed valuation, whichever is  lower,  shall
    be  used  until  such  time  as all redevelopment project
    costs have been paid.
         (b)  The real property equalized assessed  valuation
    for  a  school  district shall be adjusted by subtracting
    from the real property value as equalized or assessed  by
    the  Department  of  Revenue  for  the district an amount
    computed by dividing the amount of any abatement of taxes
    under Section 18-170 of the Property Tax  Code  by  3.00%
    for a district maintaining grades kindergarten through 12
    or   by   2.30%   for   a   district  maintaining  grades
    kindergarten through  8,  or  by  1.20%  for  a  district
    maintaining grades 9 through 12 and adjusted by an amount
    computed by dividing the amount of any abatement of taxes
    under  subsection  (a)  of Section 18-165 of the Property
    Tax Code by the same percentage rates for  district  type
    as specified in this subparagraph (c).

(H)  Supplemental General State Aid.
    (1)  In  addition  to  the  general  State  aid  a school
district is allotted pursuant to subsection  (E),  qualifying
school  districts  shall receive a grant, paid in conjunction
with  a  district's  payments  of  general  State  aid,   for
supplemental  general  State aid based upon the concentration
level of  children  from  low-income  households  within  the
school  district.  Supplemental State aid grants provided for
school districts under this subsection shall be  appropriated
for distribution to school districts as part of the same line
item  in  which  the  general  State  financial aid of school
districts is appropriated under this Section. For purposes of
this subsection, the term  "Low-Income  Concentration  Level"
shall  be  the  low-income eligible pupil count from the most
recently available federal  census  divided  by  the  Average
Daily Attendance of the school district.
    (2)  Supplemental  general  State  aid  pursuant  to this
subsection shall be provided as follows:
         (a)  For any  school  district  with  a  Low  Income
    Concentration  Level  of  at least 20% and less than 35%,
    the grant for any school year shall be $800 multiplied by
    the low income eligible pupil count.
         (b)  For any  school  district  with  a  Low  Income
    Concentration  Level  of  at least 35% and less than 50%,
    the grant for the 1998-1999 school year shall  be  $1,100
    multiplied by the low income eligible pupil count.
         (c)  For  any  school  district  with  a  Low Income
    Concentration Level of at least 50% and  less  than  60%,
    the  grant  for  the  1998-99 school year shall be $1,500
    multiplied by the low income eligible pupil count.
         (d)  For any  school  district  with  a  Low  Income
    Concentration  Level  of  60%  or more, the grant for the
    1998-99 school year shall be $1,900 multiplied by the low
    income eligible pupil count.
         (e)  For the 1999-2000 school year,  the  per  pupil
    amount  specified  in  subparagraphs  (b),  (c), and (d),
    immediately above shall be increased by $100  to  $1,200,
    $1,600, and $2,000, respectively.
         (f)  For  the  2000-2001  school year, the per pupil
    amounts specified  in  subparagraphs  (b),  (c)  and  (d)
    immediately  above  shall be increased to $1,230, $1,640,
    and $2,050, respectively.
    (3)  School districts with an Average Daily Attendance of
more than  1,000  and  less  than  50,000  that  qualify  for
supplemental  general  State  aid pursuant to this subsection
shall submit a plan to the State Board of Education prior  to
October  30  of  each year for the use of the funds resulting
from this grant of supplemental general  State  aid  for  the
improvement  of  instruction  in  which  priority is given to
meeting the education needs of disadvantaged children.   Such
plan   shall  be  submitted  in  accordance  with  rules  and
regulations promulgated by the State Board of Education.
    (4)  School districts with an Average Daily Attendance of
50,000 or more that qualify for  supplemental  general  State
aid   pursuant  to  this  subsection  shall  be  required  to
distribute from funds available pursuant to this Section,  no
less  than  $261,000,000  in  accordance  with  the following
requirements:
         (a)  The required amounts shall  be  distributed  to
    the  attendance centers within the district in proportion
    to the number  of  pupils  enrolled  at  each  attendance
    center  who are eligible to receive free or reduced-price
    lunches or breakfasts under the federal  Child  Nutrition
    Act  of  1966  and  under  the  National School Lunch Act
    during the immediately preceding school year.
         (b)  The   distribution   of   these   portions   of
    supplemental  and  general  State  aid  among  attendance
    centers according to  these  requirements  shall  not  be
    compensated  for  or  contravened  by  adjustments of the
    total of  other  funds  appropriated  to  any  attendance
    centers, and the Board of Education shall utilize funding
    from  one  or several sources in order to fully implement
    this provision annually prior to the opening of school.
         (c)  Each attendance center shall be provided by the
    school district a distribution  of  noncategorical  funds
    and other categorical funds to which an attendance center
    is entitled under law in order that the general State aid
    and   supplemental   general   State   aid   provided  by
    application of this subsection  supplements  rather  than
    supplants  the noncategorical funds and other categorical
    funds provided by the school district to  the  attendance
    centers.
         (d)  Any  funds made available under this subsection
    that by reason of the provisions of this  subsection  are
    not  required  to be allocated and provided to attendance
    centers may be used and appropriated by the board of  the
    district for any lawful school purpose.
         (e)  Funds received by an attendance center pursuant
    to this subsection shall be used by the attendance center
    at  the  discretion  of  the  principal  and local school
    council for programs to improve educational opportunities
    at qualifying schools through the following programs  and
    services:  early  childhood education, reduced class size
    or improved adult to student classroom ratio,  enrichment
    programs, remedial assistance, attendance improvement and
    other   educationally   beneficial   expenditures   which
    supplement  the  regular and basic programs as determined
    by the State Board of Education.   Funds  provided  shall
    not be expended for any political or lobbying purposes as
    defined by board rule.
         (f)  Each district subject to the provisions of this
    subdivision  (H)(4)  shall  submit  an acceptable plan to
    meet the educational needs of disadvantaged children,  in
    compliance  with  the  requirements of this paragraph, to
    the State Board of Education prior to  July  15  of  each
    year. This plan shall be consistent with the decisions of
    local  school  councils concerning the school expenditure
    plans developed in accordance  with  part  4  of  Section
    34-2.3.  The State Board shall approve or reject the plan
    within  60  days  after  its  submission.  If the plan is
    rejected, the  district  shall  give  written  notice  of
    intent   to  modify  the  plan  within  15  days  of  the
    notification of rejection and then submit a modified plan
    within 30 days after the date of the  written  notice  of
    intent  to  modify.    Districts may amend approved plans
    pursuant to rules  promulgated  by  the  State  Board  of
    Education.
         Upon  notification  by  the State Board of Education
    that the district has not submitted a plan prior to  July
    15  or  a  modified plan within the time period specified
    herein, the State aid funds  affected  by  that  plan  or
    modified  plan  shall  be  withheld by the State Board of
    Education until a plan or modified plan is submitted.
         If the district fails to  distribute  State  aid  to
    attendance  centers  in accordance with an approved plan,
    the plan for the following year shall allocate funds,  in
    addition   to   the  funds  otherwise  required  by  this
    subsection,  to  those  attendance  centers  which   were
    underfunded  during the previous year in amounts equal to
    such underfunding.
         For purposes of  determining  compliance  with  this
    subsection  in relation to the requirements of attendance
    center funding, each district subject to  the  provisions
    of this subsection shall submit as a separate document by
    December  1 of each year a report of expenditure data for
    the prior year in addition to  any  modification  of  its
    current  plan.  If it is determined that there has been a
    failure to comply with the expenditure provisions of this
    subsection regarding contravention  or  supplanting,  the
    State  Superintendent  of Education shall, within 60 days
    of receipt of the report, notify  the  district  and  any
    affected local school council.  The district shall within
    45  days of receipt of that notification inform the State
    Superintendent of Education of the remedial or corrective
    action to be taken, whether  by amendment of the  current
    plan,  if  feasible, or by adjustment in the plan for the
    following  year.   Failure  to  provide  the  expenditure
    report or the  notification  of  remedial  or  corrective
    action  in  a timely manner shall result in a withholding
    of the affected funds.
         The State Board of Education shall promulgate  rules
    and  regulations  to  implement  the  provisions  of this
    subsection.   No  funds  shall  be  released  under  this
    subdivision (H)(4) to any district that has not submitted
    a plan that has been  approved  by  the  State  Board  of
    Education.

(I)  General State Aid for Newly Configured School Districts.
    (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
the  general  State  aid  and  supplemental general 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 4 years of existence of the new
district.
    (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 general
State aid and supplemental general 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  4 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 general State aid and supplemental
general 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 general State aid and
supplemental  general  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
general State aid and supplemental general 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  4  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 attr