State of Illinois
91^st General Assembly
Public Acts

Public Act 91-0298

HB0895 Enrolled                                LRB9103346PTpk

    AN ACT to amend the Intergovernmental Cooperation Act  by
changing Sections 3, 5, and 9.

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

    Section 5.   The  Intergovernmental  Cooperation  Act  is
amended by changing Sections 3, 5, and 9 as follows:

    (5 ILCS 220/3) (from Ch. 127, par. 743)
    Sec.  3.  Intergovernmental  cooperation  agreements. Any
power  or  powers,  privileges,   functions,   or   authority
exercised  or  which  may  be exercised by a public agency of
this State  may  be  exercised,  combined,  transferred,  and
enjoyed  jointly  with  any other public agency of this State
and jointly with any public agency of any other state  or  of
the United States to the extent that laws of such other state
or  of  the  United  States do not prohibit joint exercise or
enjoyment  and  except  where  specifically   and   expressly
prohibited  by law. This includes, but is not limited to, (i)
arrangements  between   the   Illinois   Student   Assistance
Commission   and   agencies   in  other  states  which  issue
professional  licenses  and  (ii)  agreements   between   the
Illinois Department of Public Aid and public agencies for the
establishment and enforcement of child support orders and for
the  exchange  of  information  that may be necessary for the
enforcement of those child support orders.
(Source: P.A. 89-6, eff. 3-6-95; 90-18, eff. 7-1-97.)

    (5 ILCS 220/5) (from Ch. 127, par. 745)
    Sec. 5. Intergovernmental contracts.   Any  one  or  more
public  agencies  may  contract  with  any  one or more other
public agencies to perform any governmental service, activity
or undertaking or  to  combine,  transfer,  or  exercise  any
powers,  functions, privileges, or authority which any of the
public agencies entering into the contract is  authorized  by
law to perform, provided that such contract shall be approved
authorized  by the governing bodies body of each party to the
contract  and  except  where   specifically   and   expressly
prohibited  by  law.  Such contract shall set forth fully the
purposes, powers, rights, objectives and responsibilities  of
the contracting parties.
(Source: P.A. 78-785.)

    (5 ILCS 220/9) (from Ch. 127, par. 749)
    Sec.  9. County participation. Any county may participate
in   an   intergovernmental   agreement   under   this    Act
notwithstanding the absence of specific authority under State
law  to perform the action service involved provided that the
unit of local government  contracting  with  the  county  has
authority to perform the action service. The authority of the
county  shall  be  limited  to  the territorial limits of the
local governmental unit with which the county  contracts.  In
the  case  of an intergovernmental agreement between a county
and a municipality, however, the agreement may  provide  that
the  county  may  perform  an  action  within the territorial
limits of the municipality, within the  contiguous  territory
not  more  than  one  and one-half miles beyond the corporate
limits and not included in any municipality, or within both.
(Source: P.A. 81-1121.)

    Section 99.  Effective date.  This Act takes effect  upon
becoming law.