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91_HB0236eng HB0236 Engrossed LRB9100031DJcdA 1 AN ACT to revise the Civil Administrative Code of 2 Illinois. 3 Be it enacted by the People of the State of Illinois, 4 represented in the General Assembly: 5 ARTICLE 1. REVISORY PROVISIONS 6 Section 1-5. Purpose. The purpose of this amendatory Act 7 is to revise the Civil Administrative Code of Illinois by 8 renumbering and rearranging the provisions of that Code, 9 making only nonsubstantive and technical changes. 10 Section 1-10. Prior law. 11 (a) A provision revised and continued in the Civil 12 Administrative Code of Illinois by this amendatory Act shall 13 be construed as a continuation of the prior law and not as a 14 new or different law. 15 (b) A citation in an Act other than the Civil 16 Administrative Code of Illinois to a Section of that Code 17 that is renumbered and continued in that Code by this 18 amendatory Act shall be construed to be a citation to that 19 renumbered and continued provision in that Code. 20 (c) Section 46.20 of the Civil Administrative Code of 21 Illinois (20 ILCS 605/46.20), which authorizes the 22 Department of Commerce and Community Affairs to make rules 23 and regulations, duplicates Section 46.42 of the Code (20 24 ILCS 605/46.42). Section 46.20 is therefore redundant and is 25 repealed without being continued in the Code. Section 46.42 26 is continued in the Code at 20 ILCS 605/605-95. 27 Section 1-15. Other Acts of the General Assembly. If any 28 other Act of the General Assembly changes, adds, or repeals a 29 provision of prior law that is renumbered and continued in HB0236 Engrossed -2- LRB9100031DJcdA 1 the Civil Administrative Code of Illinois by this amendatory 2 Act, then that change, addition, or repeal in the other Act 3 shall be construed together with the Civil Administrative 4 Code of Illinois as amended by this amendatory Act. 5 Section 1-20. Matters of form. 6 (a) The parenthetic citation before a new Article 7 heading or new Section in the Form "(XX ILCS XX/Art. XX 8 heading new)" or "(XX ILCS XX/XX new)" (i) is an 9 informational reference to the citation of the new Article 10 heading or new Section in the Illinois Compiled Statutes and 11 (ii) is not part of the text of the law. 12 (b) The parenthetic citation before a new Section in the 13 form "(was XX ILCS XX/XX)" (i) is an informational reference 14 to the prior law from which the new Section is derived and 15 (ii) is not part of the text of the law. 16 (c) In the text of a new Section, (i) matter that is 17 stricken indicates a deletion from the prior law and (ii) 18 matter that is underscored indicates an addition to the prior 19 law. The purpose of striking and underscoring in this manner 20 is to clearly indicate all changes to prior laws that are 21 being renumbered and continued in the Civil Administrative 22 Code of Illinois. Matter in the text of a new Section that 23 is not stricken or underscored is matter being continued in 24 the Code with no changes. 25 (d) The parenthetic citation after a Section in the form 26 "(Source: Laws 19XX, p. XX)" or "(Source: P.A. XX-XXXX)" (i) 27 is an informational reference to the most recent sources of 28 the continued text in the Session Laws of Illinois and (ii) 29 is not part of the text of the law. 30 Section 1-25. Home rule; mandates. No provision 31 incorporated into the Civil Administrative Code of Illinois 32 by this amendatory Act (i) is a denial of or limitation on HB0236 Engrossed -3- LRB9100031DJcdA 1 home rule powers if no denial or limitation existed under 2 prior law or (ii) creates a State mandate under the State 3 Mandates Act if no mandate existed under prior law. 4 Section 1-30. Titles; Articles; captions. The language 5 contained in the Titles, Article headings, and Section and 6 subsection captions in this Code: 7 (1) is intended only as a general description that is not 8 a part of the substantive provisions of this Code; 9 (2) does not take precedence over the content of the 10 substantive provisions of this Code; and 11 (3) shall not be used in construing the meaning of the 12 substantive provisions of this Code. 13 ARTICLE 5. AMENDATORY PROVISIONS 14 Section 5-5. The Civil Administrative Code of Illinois 15 is amended by changing and renumbering and, in part, 16 resectioning the Sections of the Code and by adding certain 17 Article headings and Sections to the Code as follows: 18 (20 ILCS 5/Art. 1 heading new) 19 ARTICLE 1. SHORT TITLE 20 AND GENERAL PROVISIONS 21 (20 ILCS 5/1-1 new) 22 (was 20 ILCS 5/1) (from Ch. 127, par. 1) 23 Sec. 1-1. Short title.1.This Act may be cited as the 24 Civil Administrative Code of Illinois. 25 (Source: P.A. 86-1475.) 26 (20 ILCS 5/1-5 new) 27 Sec. 1-5. Articles. The Civil Administrative Code of 28 Illinois consists of the following Articles: HB0236 Engrossed -4- LRB9100031DJcdA 1 Article 1. Short title and general provisions (20 ILCS 2 5/1-1 and following). 3 Article 5. Departments of State Government Law (20 ILCS 4 5/5-1 and following). 5 Article 50. State Budget Law (15 ILCS 50/). 6 Article 110. Department on Aging Law (20 ILCS 110/). 7 Article 205. Department of Agriculture Law (20 ILCS 8 205/). 9 Article 250. State Fair Grounds Title Law (5 ILCS 250/). 10 Article 310. Department of Human Services (Alcoholism and 11 Substance Abuse) Law (20 ILCS 310/). 12 Article 405. Department of Central Management Services 13 Law (20 ILCS 405/). 14 Article 510. Department of Children and Family Services 15 Powers Law (20 ILCS 510/). 16 Article 605. Department of Commerce and Community Affairs 17 Law (20 ILCS 605/). 18 Article 805. Department of Natural Resources 19 (Conservation) Law (20 ILCS 805/). 20 Article 1005. Department of Employment Security Law (20 21 ILCS 1005/). 22 Article 1405. Department of Insurance Law (20 ILCS 23 1405/). 24 Article 1505. Department of Labor Law (20 ILCS 1505/). 25 Article 1710. Department of Human Services (Mental Health 26 and Developmental Disabilities) Law (20 ILCS 1710/). 27 Article 1905. Department of Natural Resources (Mines and 28 Minerals) Law (20 ILCS 1905/). 29 Article 2005. Department of Nuclear Safety Law (20 ILCS 30 2005/). 31 Article 2105. Department of Professional Regulation Law 32 (20 ILCS 2105/). 33 Article 2205. Department of Public Aid Law (20 ILCS 34 2205/). HB0236 Engrossed -5- LRB9100031DJcdA 1 Article 2310. Department of Public Health Powers and 2 Duties Law (20 ILCS 2310/). 3 Article 2505. Department of Revenue Law (20 ILCS 2505/). 4 Article 2605. Department of State Police Law (20 ILCS 5 2605/). 6 Article 2705. Department of Transportation Law (20 ILCS 7 2705/). 8 Article 3000. University of Illinois Exercise of 9 Functions and Duties Law (110 ILCS 355/). 10 (20 ILCS 5/Art. 5 heading new) 11 ARTICLE 5. DEPARTMENTS OF STATE GOVERNMENT 12 (20 ILCS 5/5-1 new) 13 Sec. 5-1. Article short title. This Article 5 of the 14 Civil Administrative Code of Illinois may be cited as the 15 Departments of State Government Law. 16 (20 ILCS 5/5-5 new) 17 (was 20 ILCS 5/2) (from Ch. 127, par. 2) 18 Sec. 5-5. "Department".2. The word "department,"As used 19 in the Civil Administrative Code of Illinoisthis Act shall, 20 unless the context otherwise clearly indicates, the word 21 "department" meansmeanthe several departments of the State 22 government as designated in Section 5-153of this LawAct, 23 and none other. 24 (Source: Laws 1917, p. 2.) 25 (20 ILCS 5/5-10 new) 26 (was 20 ILCS 5/2.1) 27 Sec. 5-10. "Director".2.1.As used in the Civil 28 AdministrativethisCode of Illinois, unless the context 29 clearly indicates otherwise, the word "director" means the 30 several directors of the departments of State government as HB0236 Engrossed -6- LRB9100031DJcdA 1 designated in Section 5-204of this LawCodeand includes 2 the Secretary of Human Services and the Secretary of 3 Transportation. 4 (Source: P.A. 89-507, eff. 7-1-97.) 5 (20 ILCS 5/5-15 new) 6 (was 20 ILCS 5/3) (from Ch. 127, par. 3) 7 Sec. 5-15. Departments of State government.3.The 8 Departments of State government are created as follows: 9 The Department on Aging. 10 The Department of Agriculture. 11 The Department of Central Management Services. 12 The Department of Children and Family Services. 13 The Department of Commerce and Community Affairs. 14 The Department of Corrections. 15 The Department of Employment Security. 16 The Department of Financial Institutions. 17 The Department of Human Rights. 18 The Department of Human Services. 19 The Department of Insurance. 20 The Department of Labor. 21 The Department of the Lottery. 22 The Department of Natural Resources. 23 The Department of Nuclear Safety. 24 The Department of Professional Regulation. 25 The Department of Public Aid. 26 The Department of Public Health. 27 The Department of Revenue. 28 The Department of State Police. 29 The Department of Transportation. 30 The Department of Veterans' Affairs. 31The Department of Agriculture;32The Department of Labor;33The Department of Transportation;HB0236 Engrossed -7- LRB9100031DJcdA 1The Department of Human Services;2The Department of Public Health;3The Department of Professional Regulation;4The Department of Natural Resources;5The Department of Insurance;6The Department of State Police;7The Department of Corrections;8The Department of Revenue;9The Department of Financial Institutions;10The Department of Public Aid;11The Department of Children and Family Services;12The Department of Commerce and Community Affairs;13The Department of Central Management Services;14The Department on Aging;15The Department of Veterans' Affairs;16The Department of Nuclear Safety;17The Department of Human Rights;18The Department of Employment Security;19The Department of the Lottery.20 (Source: P.A. 89-445, eff. 2-7-96; 89-507, eff. 7-1-97.) 21 (20 ILCS 5/5-20 new) 22 (was 20 ILCS 5/4) (from Ch. 127, par. 4) 23 Sec. 5-20. Heads of departments.4.Each department 24 shall have an officer as its head who shall be known as 25 director or secretary and who shall, subject to the 26 provisions of the Civil Administrative Code of Illinoisthis27Act, execute the powers and discharge the duties vested by 28 law in his or her respective department. 29 The following officers are hereby created: 30 Director of Aging, for the Department on Aging. 31 Director of Agriculture, for the Department of 32 Agriculture. 33 Director of Central Management Services, for the HB0236 Engrossed -8- LRB9100031DJcdA 1 Department of Central Management Services. 2 Director of Children and Family Services, for the 3 Department of Children and Family Services. 4 Director of Commerce and Community Affairs, for the 5 Department of Commerce and Community Affairs. 6 Director of Corrections, for the Department of 7 Corrections. 8 Director of Employment Security, for the Department of 9 Employment Security. 10 Director of Financial Institutions, for the Department of 11 Financial Institutions. 12 Director of Human Rights, for the Department of Human 13 Rights. 14 Secretary of Human Services, for the Department of Human 15 Services. 16 Director of Insurance, for the Department of Insurance. 17 Director of Labor, for the Department of Labor. 18 Director of the Lottery, for the Department of the 19 Lottery. 20 Director of Natural Resources, for the Department of 21 Natural Resources. 22 Director of Nuclear Safety, for the Department of Nuclear 23 Safety. 24 Director of Professional Regulation, for the Department 25 of Professional Regulation. 26 Director of Public Aid, for the Department of Public Aid. 27 Director of Public Health, for the Department of Public 28 Health. 29 Director of Revenue, for the Department of Revenue. 30 Director of State Police, for the Department of State 31 Police. 32 Secretary of Transportation, for the Department of 33 Transportation. 34 Director of Veterans' Affairs, for the Department of HB0236 Engrossed -9- LRB9100031DJcdA 1 Veterans' Affairs. 2Director of Agriculture, for the Department of3Agriculture;4Director of Labor, for the Department of Labor;5Secretary of Transportation, for the Department of6Transportation;7Secretary of Human Services, for the Department of Human8Services;9Director of Public Health, for the Department of Public10Health;11Director of Professional Regulation, for the Department12of Professional Regulation;13Director of Natural Resources, for the Department of14Natural Resources;15Director of Insurance, for the Department of Insurance;16Director of State Police, for the Department of State17Police;18Director of Corrections, for the Department of19Corrections;20Director of Revenue, for the Department of Revenue;21Director of Financial Institutions, for the Department of22Financial Institutions;23Director of Children and Family Services, for the24Department of Children and Family Services;25Director of Public Aid, for the Department of Public Aid;26Director of Commerce and Community Affairs, for the27Department of Commerce and Community Affairs;28Director of Central Management Services, for the29Department of Central Management Services;30Director of Aging, for the Department on Aging;31Director of Veterans' Affairs, for the Department of32Veterans' Affairs;33Director of Human Rights, for the Department of Human34Rights;HB0236 Engrossed -10- LRB9100031DJcdA 1Director of Nuclear Safety, for the Department of Nuclear2Safety;3Director of Employment Security, for the Department of4Employment Security;5Director of the Lottery, for the Department of the6Lottery.7 (Source: P.A. 89-445, eff. 2-7-96; 89-507, eff 7-1-97.) 8 (20 ILCS 5/5-95 new) 9 (was 20 ILCS 5/34) (from Ch. 127, par. 34) 10 Sec. 5-95. Pending actions and proceedings.34.Neither 11 the Civil Administrative Code of Illinois northis Act orany 12 amendments to the Codetheretoshallnotaffect any act done, 13 ratified, or confirmed, or any right accrued or established, 14 or any action or proceeding had or commenced in a civil or 15 criminal cause before the Codethis Actor any amendments to 16 the Code takethereto takeseffect. Those; but suchactions 17 or proceedings may be prosecuted and continued by the 18 department having jurisdiction, under the Codethis Actor 19 any amendments to the Code,theretoof the subject matter to 20 which thesuchlitigation or proceeding pertains. 21 (Source: Laws 1925, p. 585.) 22 (20 ILCS 5/5-100 new) 23 (was 20 ILCS 5/5) (from Ch. 127, par. 5) 24 Sec. 5-100. Executive and administrative officers, 25 boards, and commissions.5.In addition to the directors of 26 departments, thefollowingexecutive and administrative 27 officers, boards, and commissions designated in the Sections 28 following this Section and preceding Section 5-200 are 29 created. These, whichofficers, boards, and commissions in 30 the respective departments shall hold offices created and 31 designated in those Sections5.01 to 5.13j, each inclusive. 32 (Source: P.A. 89-507, eff. 7-1-97.) HB0236 Engrossed -11- LRB9100031DJcdA 1 (20 ILCS 5/5-105 new) 2 (was 20 ILCS 5/5.14) (from Ch. 127, par. 5.14) 3 Sec. 5-105. Direction, supervision, and control of 4 officers. Each officer5.14. The officersnamed in the 5 Sections following Section 5-100 and preceding Section 5-200 65.01 to 5.13jshall, except as otherwise provided in the 7 Civil Administrative Code of Illinoisthis Act, be under the 8 direction, supervision, and control of the director or 9 secretary of the officer'stheirrespective department 10departmentsand shall perform thesuchduties prescribed by 11asthe director or secretaryshall prescribe. 12 (Source: P.A. 89-507, eff. 7-1-97.) 13 (20 ILCS 5/5-110 new) 14 (was 20 ILCS 5/5.02) (from Ch. 127, par. 5.02) 15 Sec. 5-110.5.02.In the Department of Agriculture. 16 Assistant Director of Agriculture. 17 (Source: P.A. 80-594.) 18 (20 ILCS 5/5-115 new) 19 (was 20 ILCS 5/5.13e) (from Ch. 127, par. 5.13e) 20 Sec. 5-115.5.13e.In the Department of Central 21 Management Services. Two Assistant Directors of Central 22 Management Services. 23 (Source: P.A. 82-789.) 24 (20 ILCS 5/5-120 new) 25 (was 20 ILCS 5/5.13g) (from Ch. 127, par. 5.13g) 26 Sec. 5-120.5.13g.In the Department of Commerce and 27 Community Affairs. Assistant Director of Commerce and 28 Community Affairs. 29 (Source: P.A. 81-1509.) 30 (20 ILCS 5/5-125 new) HB0236 Engrossed -12- LRB9100031DJcdA 1 (was 20 ILCS 5/5.13i) (from Ch. 127, par. 5.13i) 2 Sec. 5-125.5.13i.In the Department of Employment 3 Security. The board of review, which shall consist of 5five4 members, 2twoof whom shall be representative citizens 5 chosen from the employee class, 2twoof whom shall be 6 representative citizens chosen from the employing class, and 7 one of whom shall be a representative citizen not identified 8 with either the employing or employee classes. 9 (Source: P.A. 84-1240.) 10 (20 ILCS 5/5-130 new) 11 (was 20 ILCS 5/5.13b) (from Ch. 127, par. 5.13b) 12 Sec. 5-130.5.13b.In the Department of Financial 13 Institutions. Assistant Director of Financial Institutions. 14 (Source: Laws 1959, p. 2245.) 15 (20 ILCS 5/5-135 new) 16 (was 20 ILCS 5/5.13j) 17 Sec. 5-135.5.13j.In the Department of Human Services. 18 There shall be 2 Assistant Secretaries of Human Services. 19 Their initial terms shall run from the date of appointment 20 until January 18, 1999, and until their successors have been 21 appointed and have qualified. Thereafter, their terms shall 22 be as provided in Section 5-60512of this LawCode. 23 (Source: P.A. 89-507, eff. 7-1-97.) 24 (20 ILCS 5/5-140 new) 25 (was 20 ILCS 5/5.10) (from Ch. 127, par. 5.10) 26 Sec. 5-140.5.10In the Department of Insurance. 27 Assistant Director of Insurance. 28 (Source: Laws 1953, p. 82, 567, and 916.) 29 (20 ILCS 5/5-145 new) 30 (was 20 ILCS 5/5.03) (from Ch. 127, par. 5.03) HB0236 Engrossed -13- LRB9100031DJcdA 1 Sec. 5-145.5.03.In the Department of Labor. Assistant 2 Director of Labor; Chief Factory Inspector; and 3 Superintendent of Safety Inspection and Education. 4 (Source: P.A. 83-1503.) 5 (20 ILCS 5/5-150 new) 6 (was 20 ILCS 5/5.09) (from Ch. 127, par. 5.09) 7 Sec. 5-150.5.09.In the Department of Natural Resources. 8 Assistant Director of Natural Resources. 9 (Source: P.A. 89-445, eff. 2-7-96.) 10 (20 ILCS 5/5-155 new) 11 (was 20 ILCS 5/5.04) (from Ch. 127, par. 5.04) 12 Sec. 5-155.5.04.In the Office of Mines and Minerals of 13 the Department of Natural Resources. In the Office of Mines 14 and Minerals of the Department of Natural Resources, there 15 shall be a State Mining Board, which shall consist of 6six16 officers designated as mine officers and the Director of the 17 Office of Mines and Minerals. Three officers shall be 18 representatives of the employing class and 3 of the employee 19 class. The 6 mine officers shall be qualified as follows: 20 (1)A.Two mine officers from the employing class 21 shall have at least 4 years experience in a supervisory 22 capacity in an underground coal mine and each shall hold 23 a certificate of competency as a mine examiner or mine 24 manager. 25 (2)B.The third mine officer from the employing 26 class shall have at least 4 years experience in a 27 supervisory capacity in a surface coal mine. 28 (3)C.Two mine officers from the employee class 29 shall have 4 years experience in an underground coal mine 30 and shall hold a first class certificate of competency. 31 (4)D.The third mine officer from the employee 32 class shall have at least 4 years experience in a surface HB0236 Engrossed -14- LRB9100031DJcdA 1 coal mine. 2 (Source: P.A. 89-445, eff. 2-7-96.) 3 (20 ILCS 5/5-160 new) 4 (was 20 ILCS 5/5.13h) (from Ch. 127, par. 5.13h) 5 Sec. 5-160.5.13h.In the Department of Nuclear Safety. 6 Assistant Director of Nuclear Safety. 7 (Source: P.A. 82-783.) 8 (20 ILCS 5/5-165 new) 9 (was 20 ILCS 5/5.13c) (from Ch. 127, par. 5.13c) 10 Sec. 5-165.5.13c.In the Department of Public Aid. 11 Assistant Director of Public Aid. 12 (Source: Laws 1963, p. 2055.) 13 (20 ILCS 5/5-170 new) 14 (was 20 ILCS 5/5.07) (from Ch. 127, par. 5.07) 15 Sec. 5-170.5.07.In the Department of Public Health. 16 Assistant Director of Public Health. 17 (Source: Laws 1953, p. 82, 567, and 916.) 18 (20 ILCS 5/5-175 new) 19 (was 20 ILCS 5/5.12) (from Ch. 127, par. 5.12) 20 Sec. 5-175.5.12.In the Department of Revenue. Assistant 21 Director of Revenue; and State Lottery Superintendent. 22 (Source: P.A. 83-1250.) 23 (20 ILCS 5/5-180 new) 24 (was 20 ILCS 5/5.11) (from Ch. 127, par. 5.11) 25 Sec. 5-180.5.11.In the Department of State Police. 26 Assistant Director of State Police. 27 (Source: P.A. 84-25.) 28 (20 ILCS 5/5-185 new) HB0236 Engrossed -15- LRB9100031DJcdA 1 (was 20 ILCS 5/5.05) (from Ch. 127, par. 5.05) 2 Sec. 5-185.5.05.In the Department of Transportation. 3 Assistant Secretary of Transportation. 4 (Source: P.A. 77-153.) 5 (20 ILCS 5/5-190 new) 6 (was 20 ILCS 5/5.01a) (from Ch. 127, par. 5.01a) 7 Sec. 5-190.5.01a.In the Department of Veterans' 8 Affairs. Assistant Director of Veterans' Affairs. 9 (Source: P.A. 79-376.) 10 (20 ILCS 5/5-200 new) 11 (was 20 ILCS 5/7.11) (from Ch. 127, par. 7.11) 12 Sec. 5-200.7.11.Director of Aging. The Director of 13 Aging shall be a senior citizen, as thatsuchterm is defined 14 in the"Illinois Act on the Aging", enacted by the15Seventy-eighth General Assembly, as now or hereafter amended, 16 who has sufficient experience in providing services to the 17 aging. 18 (Source: P.A. 78-242.) 19 (20 ILCS 5/5-210 new) 20 (was 20 ILCS 5/7.08) (from Ch. 127, par. 7.08) 21 Sec. 5-210.7.08.Director of Children and Family 22 Services. The Director of Children and Family Services shall 23 be qualified by professional education and experience to 24 administer the Department. 25 (Source: Laws 1963, p. 1055.) 26 (20 ILCS 5/5-215 new) 27 (was 20 ILCS 5/7.06) (from Ch. 127, par. 7.06) 28 Sec. 5-215. Director and Assistant Director of Financial 29 Institutions.7.06.The Director and Assistant Director of 30 Financial Institutions shall be persons thoroughly conversant HB0236 Engrossed -16- LRB9100031DJcdA 1 with the theory and practice of the business and purposes of 2 financial institutions. 3 (Source: Laws 1959, p. 2245.) 4 (20 ILCS 5/5-220 new) 5 (was 20 ILCS 5/7.07b) 6 Sec. 5-220.7.07b.Secretary of Human Services. The 7 initial term of the Secretary of Human Services shall run 8 from the date of appointment until January 18, 1999, and 9 until a successor has been appointed and has qualified. 10 Thereafter, terms shall be as provided in Section 5-60512of 11 this LawCode. 12 (Source: P.A. 89-507, eff. 7-1-97.) 13 (20 ILCS 5/5-225 new) 14 (was 20 ILCS 5/7.04) (from Ch. 127, par. 7.04) 15 Sec. 5-225. In the Department of Professional Regulation. 167.04.Neither the Director,nor any other executive and 17 administrative officer in the Department of Professional 18 Regulation shall be affiliated with any college or school 19 thatwhichprepares individuals for licensure in any 20 profession or occupation regulated by the Department, either 21 as teacher, officer, or stockholder, nor shall the director 22 or other executive and administrative officerhehold a 23 license or certificate to exercise or practice any of the 24 professions, trades, or occupations regulated. 25 (Source: P.A. 85-225.) 26 (20 ILCS 5/5-230 new) 27 (was 20 ILCS 5/7.09) (from Ch. 127, par. 7.09) 28 Sec. 5-230.7.09.Director and Assistant Director of 29 Public Aid. The Director of Public Aid shall (1) have 30 substantial experience in responsible positions requiring 31 skill in administration and fiscal management,and (2) be HB0236 Engrossed -17- LRB9100031DJcdA 1 actively interested in the development of effective programs 2 for the alleviation of poverty and the reduction of 3 dependency and social maladjustment. 4 The Assistant Director of Public Aid shall have the same 5 general qualifications as those set forth for the Director of 6 Public Aid in clauses (1) and (2) of the preceding paragraph 7above. 8 (Source: P.A. 81-1256.) 9 (20 ILCS 5/5-235 new) 10 (was 20 ILCS 5/7.03) (from Ch. 127, par. 7.03) 11 Sec. 5-235. In the Department of Public Health.7.03.The 12 Director of Public Health shall be a physician licensed to 13 practice medicine in all of its branches in Illinois. 14 The Assistant Director of Public Health shall be a person 15 who has administrative experience in public health work. 16 (Source: P.A. 87-633.) 17 (20 ILCS 5/5-300 new) 18 (was 20 ILCS 5/9) (from Ch. 127, par. 9) 19 Sec. 5-300. Officers' qualifications and salaries.9.The 20 executive and administrative officers, whose offices are 21 created by this Act, must have the qualifications prescribed 22 by law and shall receive annual salaries, payable in equal 23 monthly installments, as designated in the Sections following 24 this Section and preceding Section 5-5009.01 through 9.25. 25 (Source: P.A. 81-1516.) 26 (20 ILCS 5/5-305 new) 27 (was 20 ILCS 5/9.01) (from Ch. 127, par. 9.01) 28 Sec. 5-305. Officers' tuition reimbursement.9.01.29 Officers may receive tuition reimbursement for continuing 30 education programs at accredited colleges and universities. 31 Reimbursement of a department head's tuition shall be limited HB0236 Engrossed -18- LRB9100031DJcdA 1 to reimbursement for 4 or fewer course hours per semester, 2 shall require the Governor's approval of enrollment with 3 certification that participation will benefit the State, and 4 shall require proof of satisfactory completion of the course 5 prior to reimbursement. 6 (Source: P.A. 84-500.) 7 (20 ILCS 5/5-310 new) 8 (was 20 ILCS 5/9.21) (from Ch. 127, par. 9.21) 9 Sec. 5-310.9.21.In the Department onofAging. The 10 Director of Aging shall receive $35,200 from the third Monday 11 in January, 1979 to the third Monday in January, 1980; 12 $37,300 from the third Monday in January, 1980 to the third 13 Monday in January, 1981; $39,500 from the third Monday in 14 January, 1981 to the third Monday in January, 1982, and 15 $40,000 thereafter or as set by the Compensation Review 16 Board, whichever is greater. 17 (Source: P.A. 83-1177.) 18 (20 ILCS 5/5-315 new) 19 (was 20 ILCS 5/9.02) (from Ch. 127, par. 9.02) 20 Sec. 5-315.9.02.In the Department of Agriculture. The 21 Director of Agriculture shall receive $38,500 from the third 22 Monday in January, 1979 to the third Monday in January, 1980; 23 $40,800 from the third Monday in January, 1980 to the third 24 Monday in January, 1981, and $43,000 thereafter or as set by 25 the Compensation Review Board, whichever is greater.;26 The Assistant Director of Agriculture shall receive 27 $33,000 from the third Monday in January, 1979 to the third 28 Monday in January, 1980; $34,900 from the third Monday in 29 January, 1980 to the third Monday in January, 1981 and 30 $37,000 thereafter or as set by the Compensation Review 31 Board, whichever is greater. 32 (Source: P.A. 83-1177.) HB0236 Engrossed -19- LRB9100031DJcdA 1 (20 ILCS 5/5-320 new) 2 (was 20 ILCS 5/9.19) (from Ch. 127, par. 9.19) 3 Sec. 5-320.9.19.In the Department of Central 4 Management Services. The Director of Central Management 5 Services shall receive $52,000 annually, or an amount set by 6 the Compensation Review Board, whichever is greater.;7 Each Assistant Director of Central Management Services 8 shall receive $40,000 annually, or an amount set by the 9 Compensation Review Board, whichever is greater. 10 (Source: P.A. 83-1177.) 11 (20 ILCS 5/5-325 new) 12 (was 20 ILCS 5/9.16) (from Ch. 127, par. 9.16) 13 Sec. 5-325.9.16.In the Department of Children and 14 Family Services. The Director of Children and Family 15 Services shall receive an annual salary of $76,991 or as set 16 by the Compensation Review Board, whichever is greater. 17 (Source: P.A. 87-1216.) 18 (20 ILCS 5/5-330 new) 19 (was 20 ILCS 5/9.18) (from Ch. 127, par. 9.18) 20 Sec. 5-330.9.18.In the Department of Commerce and 21 Community Affairs. The Director of Commerce and Community 22 Affairs shall receive $41,800 annually from the date of his 23 appointment to the third Monday in January, 1980; $44,300 24 from the third Monday in January, 1980 to the third Monday in 25 January, 1981; and $46,000 thereafter or as set by the 26 Compensation Review Board, whichever is greater. 27 The Assistant Director of Commerce and Community Affairs 28 shall receive $35,200 annually from the date of his 29 appointment to the third Monday in January, 1980; $37,300 30 from the third Monday in January, 1980 to the third Monday in 31 January, 1981, and $39,000 thereafter or as set by the 32 Compensation Review Board, whichever is greater. HB0236 Engrossed -20- LRB9100031DJcdA 1 (Source: P.A. 83-1177.) 2 (20 ILCS 5/5-335 new) 3 (was 20 ILCS 5/9.11a) (from Ch. 127, par. 9.11a) 4 Sec. 5-335.9.11a.In the Department of Corrections. The 5 Director of Corrections shall receive an annual salary of 6 $85,000 or as set by the Compensation Review Board, whichever 7 is greater. 8 The Assistant Director of Corrections - Juvenile Division 9 shall receive $35,200 from the third Monday in January, 1979 10 to the third Monday in January, 1980; $37,300 from the third 11 Monday in January, 1980 to the third Monday in January, 1981, 12 and $39,000 thereafter or as set by the Compensation Review 13 Board, whichever is greater. 14 The Assistant Director of Corrections - Adult Division 15 shall receive $35,200 from the third Monday in January, 1979 16 to the third Monday in January, 1980; $37,300 from the third 17 Monday in January, 1980 to the third Monday in January, 1981, 18 and $39,000 thereafter or as set by the Compensation Review 19 Board, whichever is greater. 20 (Source: P.A. 87-1216.) 21 (20 ILCS 5/5-340 new) 22 (was 20 ILCS 5/9.30) (from Ch. 127, par. 9.30) 23 Sec. 5-340.9.30.In the Department of Employment 24 Security. The Director of Employment Security shall receive 25 an annual salary of $53,500, or an amount set by the 26 Compensation Review Board, whichever is greater. 27 Each member of the Board of Review shall receive $15,000. 28 (Source: P.A. 84-26.) 29 (20 ILCS 5/5-345 new) 30 (was 20 ILCS 5/9.15) (from Ch. 127, par. 9.15) 31 Sec. 5-345.9.15.In the Department of Financial HB0236 Engrossed -21- LRB9100031DJcdA 1 Institutions. The Director of Financial Institutions shall 2 receive $38,500 from the third Monday in January, 1979 to the 3 third Monday in January, 1980; $40,800 from the third Monday 4 in January, 1980 to the third Monday in January, 1981, and 5 $43,000 thereafter or as set by the Compensation Review 6 Board, whichever is greater.;7 The Assistant Director of Financial Institutions shall 8 receive $33,000 from the third Monday in January, 1979 to the 9 third Monday in January, 1980; $34,900 from the third Monday 10 in January, 1980 to the third Monday in January 1981, and 11 $37,000 thereafter or as set by the Compensation Review 12 Board, whichever is greater. 13 (Source: P.A. 83-1177.) 14 (20 ILCS 5/5-350 new) 15 (was 20 ILCS 5/9.24) (from Ch. 127, par. 9.24) 16 Sec. 5-350. In the Department of Human Rights.9.24.The 17 Director of Human Rights shall receive $44,000 or as set by 18 the Compensation Review Board, whichever is greater. 19 (Source: P.A. 83-1177.) 20 (20 ILCS 5/5-355 new) 21 (was 20 ILCS 5/9.05a) 22 Sec. 5-355.9.05a.In the Department of Human Services. 23 The Secretary of Human Services shall receive an annual 24 salary equal to the salary payable to the Director of 25 Corrections under Section 5-3359.11aof this LawCode, or 26 such other amount as may be set by the Compensation Review 27 Board. 28 The Assistant Secretaries of Human Services shall each 29 receive an annual salary equal to the salary payable to an 30 Assistant Director of Public Aid under Section 5-3959.17of 31 this LawCode, or such other amount as may be set by the 32 Compensation Review Board. HB0236 Engrossed -22- LRB9100031DJcdA 1 (Source: P.A. 89-507, eff. 7-1-97.) 2 (20 ILCS 5/5-360 new) 3 (was 20 ILCS 5/9.10) (from Ch. 127, par. 9.10) 4 Sec. 5-360.9.10.In the Department of Insurance. The 5 Director of Insurance shall receive $38,500 from the third 6 Monday in January, 1979 to the third Monday in January, 1980; 7 $40,800 from the third Monday in January, 1980 to the third 8 Monday in January, 1981, and $43,000 thereafter or as set by 9 the Compensation Review Board, whichever is greater.;10 The Assistant Director of Insurance shall receive $30,800 11 from the third Monday in January, 1979 to the third Monday in 12 January, 1980; $32,600 from the third Monday in January, 1980 13 to the third Monday in January, 1981; $34,600 from the third 14 Monday in January, 1981 to the third Monday in January, 1982, 15 and $36,000 thereafter or as set by the Compensation Review 16 Board, whichever is greater. 17 (Source: P.A. 83-1177.) 18 (20 ILCS 5/5-365 new) 19 (was 20 ILCS 5/9.03) (from Ch. 127, par. 9.03) 20 Sec. 5-365.9.03.In the Department of Labor. The 21 Director of Labor shall receive $38,500 from the third Monday 22 in January, 1979 to the third Monday in January, 1980; 23 $40,800 from the third Monday in January, 1980 to the third 24 Monday in January, 1981, and $43,000 thereafter or as set by 25 the Compensation Review Board, whichever is greater.;26 The Assistant Director of Labor shall receive $33,000 27 from the third Monday in January, 1979 to the third Monday in 28 January, 1980; $34,900 from the third Monday in January, 1980 29 to the third Monday in January, 1981, and $37,000 thereafter 30 or as set by the Compensation Review Board, whichever is 31 greater.;32 The Chief Factory Inspector shall receive $24,700 from HB0236 Engrossed -23- LRB9100031DJcdA 1 the third Monday in January, 1979 to the third Monday in 2 January, 1980, and $25,000 thereafter, or as set by the 3 Compensation Review Board, whichever is greater.;4 The Superintendent of Safety Inspection and Education 5 shall receive $27,500, or as set by the Compensation Review 6 Board, whichever is greater.;7 The Superintendent of Women's and Children's Employment 8 shall receive $22,000 from the third Monday in January, 1979 9 to the third Monday in January, 1980, and $22,500 thereafter, 10 or as set by the Compensation Review Board, whichever is 11 greater. 12 (Source: P.A. 83-1177; 83-1503.) 13 (20 ILCS 5/5-370 new) 14 (was 20 ILCS 5/9.31) (from Ch. 127, par. 9.31) 15 Sec. 5-370.9.31.In the Department of the Lottery. The 16 Director of the Lottery shall receive an annual salary of 17 $39,000, or an amount set by the Compensation Review Board, 18 whichever is greater. 19 (Source: P.A. 84-1438.) 20 (20 ILCS 5/5-375 new) 21 (was 20 ILCS 5/9.09) (from Ch. 127, par. 9.09) 22 Sec. 5-375.9.09.In the Department of Natural Resources. 23 The Director of Natural Resources shall continue to receive 24 the annual salary set by law for the Director of Conservation 25 until January 20, 1997. Beginning on that date, the Director 26 of Natural Resources shall receive an annual salary of 27 $40,000 or the amount set by the Compensation Review Board, 28 whichever is greater. 29 The Assistant Director of Natural Resources shall 30 continue to receive the annual salary set by law for the 31 Assistant Director of Conservation until January 20, 1997. 32 Beginning on that date, the Assistant Director of Natural HB0236 Engrossed -24- LRB9100031DJcdA 1 Resources shall receive an annual salary of $33,000 or the 2 amount set by the Compensation Review Board, whichever is 3 greater. 4 (Source: P.A. 89-445, eff. 2-7-96.) 5 (20 ILCS 5/5-380 new) 6 (was 20 ILCS 5/9.04) (from Ch. 127, par. 9.04) 7 Sec. 5-380.9.04.In the Office of Mines and Minerals of 8 the Department of Natural Resources. Each mine officer shall 9 receive $7,500 or the amount set by the Compensation Review 10 Board, whichever is greater. 11 (Source: P.A. 89-445, eff. 2-7-96.) 12 (20 ILCS 5/5-385 new) 13 (was 20 ILCS 5/9.25) (from Ch. 127, par. 9.25) 14 Sec. 5-385.9.25.In the Department of Nuclear Safety. 15 The Director of Nuclear Safety shall receive $45,000 or as 16 set by the Compensation Review Board, whichever is greater. 17 (Source: P.A. 83-1177.) 18 (20 ILCS 5/5-390 new) 19 (was 20 ILCS 5/9.08) (from Ch. 127, par. 9.08) 20 Sec. 5-390.9.08.In the Department of Professional 21 Regulation. The Director of Professional Regulation shall 22 receive $35,200 from the third Monday in January, 1979 to the 23 third Monday in January, 1980; $37,300 from the third Monday 24 in January, 1980 to the third Monday in January, 1981 and 25 $44,000 thereafter or as set by the Compensation Review 26 Board, whichever is greater. 27 (Source: P.A. 85-225.) 28 (20 ILCS 5/5-395 new) 29 (was 20 ILCS 5/9.17) (from Ch. 127, par. 9.17) 30 Sec. 5-395.9.17.In the Department of Public Aid. The HB0236 Engrossed -25- LRB9100031DJcdA 1 Director of Public Aid shall receive $48,400 from the third 2 Monday in January, 1979 to the third Monday in January, 1980; 3 $51,300 from the third Monday in January, 1980 to the third 4 Monday in January, 1981, and $52,000 thereafter or as set by 5 the Compensation Review Board, whichever is greater.;6 The Assistant Director of Public Aid shall receive 7 $35,200 from the third Monday in January, 1979 to the third 8 Monday in January, 1980; $37,300 from the third Monday in 9 January, 1980 to the third Monday in January, 1981; $39,500 10 from the third Monday in January, 1981 to the third Monday in 11 January, 1982, and $40,000 thereafter or as set by the 12 Compensation Review Board, whichever is greater. 13 (Source: P.A. 83-1177.) 14 (20 ILCS 5/5-400 new) 15 (was 20 ILCS 5/9.07) (from Ch. 127, par. 9.07) 16 Sec. 5-400.9.07.In the Department of Public Health. The 17 Director of Public Health shall receive $48,400 from the 18 third Monday in January, 1979 to the third Monday in January, 19 1980; $51,300 from the third Monday in January, 1980 to the 20 third Monday in January, 1981, and $52,000 thereafter or as 21 set by the Compensation Review Board, whichever is greater.;22 The Assistant Director of Public Health shall receive 23 $35,200 from the third Monday in January, 1979 to the third 24 Monday in January, 1980; $37,300 from the third Monday in 25 January, 1980 to the third Monday in January, 1981; $39,500 26 from the third Monday in January, 1981 to the third Monday in 27 January, 1982, and $40,000 thereafter or as set by the 28 Compensation Review Board, whichever is greater. 29 (Source: P.A. 83-1177.) 30 (20 ILCS 5/5-405 new) 31 (was 20 ILCS 5/9.12) (from Ch. 127, par. 9.12) 32 Sec. 5-405.9.12.In the Department of Revenue. The HB0236 Engrossed -26- LRB9100031DJcdA 1 Director of Revenue shall receive $41,800 from the third 2 Monday in January, 1979 to the third Monday in January, 1980; 3 $44,300 from the third Monday in January, 1980 to the third 4 Monday in January, 1981, and $46,000 thereafter or as set by 5 the Compensation Review Board, whichever is greater.;6 The Assistant Director of Revenue shall receive $35,200 7 from the third Monday in January, 1979 to the third Monday in 8 January, 1980; $37,300 from the third Monday in January, 1980 9 to the third Monday in January, 1981, and $39,000 thereafter 10 or as set by the Compensation Review Board, whichever is 11 greater. 12 Beginning July 1, 1990, the annual salary of the Taxpayer 13 Ombudsman shall be the greater of an amount set by the 14 Compensation Review Board or $69,000, adjusted each July 1 15 thereafter by a percentage increase equivalent to that of the 16 "Employment Cost Index, Wages and Salaries, By Occupation and 17 Industry Groups: State and Local Government Workers: Public 18 Administration" as published by the Bureau of Labor 19 Statistics of the U.S. Department of Labor for the calendar 20 year immediately preceding the year of the respective July 21 1st increase date, thesuchincrease to be no less than zero 22 nor greater than 5%five percentand to be added to the then 23 current annual salary. 24 (Source: P.A. 86-1338) 25 (20 ILCS 5/5-410 new) 26 (was 20 ILCS 5/9.11) (from Ch. 127, par. 9.11) 27 Sec. 5-410.9.11.In the Department of State Police. The 28 Director of State Police shall receive $41,800 from the third 29 Monday in January, 1979 to the third Monday in January, 1980; 30 $44,300 from the third Monday in January, 1980 to the third 31 Monday in January, 1981, and $46,000 thereafter or as set by 32 the Compensation Review Board, whichever is greater.;33 The Assistant Director of State Police shall receive HB0236 Engrossed -27- LRB9100031DJcdA 1 $35,200 from the third Monday in January, 1979 to the third 2 Monday in January, 1980; $37,300 from the third Monday in 3 January, 1980 to the third Monday in January, 1981, and 4 $39,000 thereafter or as set by the Compensation Review 5 Board, whichever is greater. 6 (Source: P.A. 84-25; 84-832.) 7 (20 ILCS 5/5-415 new) 8 (was 20 ILCS 5/9.05) (from Ch. 127, par. 9.05) 9 Sec. 5-415.9.05.In the Department of Transportation. 10 The Secretary of Transportation shall receive $48,400 from 11 the third Monday in January, 1979 to the third Monday in 12 January, 1980; $51,300 from the third Monday in January, 1980 13 to the third Monday in January, 1981, and $52,000 thereafter 14 or as set by the Compensation Review Board, whichever is 15 greater.;16 The Assistant Secretary of Transportation shall receive 17 $38,500 from the third Monday in January, 1979 to the third 18 Monday in January, 1980; $40,800 from the third Monday in 19 January, 1980 to the third Monday in January, 1981, and 20 $43,000 thereafter or as set by the Compensation Review 21 Board, whichever is greater. 22 (Source: P.A. 83-1177.) 23 (20 ILCS 5/5-420 new) 24 (was 20 ILCS 5/9.22) (from Ch. 127, par. 9.22) 25 Sec. 5-420. In the Department of Veterans' Affairs.9.22.26The Director of Veterans' Affairs shall receive $38,500 from 27 the third Monday in January, 1979 to the third Monday in 28 January, 1980; $40,800 from the third Monday in January, 1980 29 to the third Monday in January, 1981, and $43,000 thereafter 30 or as set by the Compensation Review Board, whichever is 31 greater. 32 The Assistant Director of Veterans' Affairs shall receive HB0236 Engrossed -28- LRB9100031DJcdA 1 $33,000 from the third Monday in January, 1979 to the third 2 Monday in January, 1980; $34,900 from the third Monday in 3 January, 1980 to the third Monday in January, 1981, and 4 $37,000 thereafter or as set by the Compensation Review 5 Board, whichever is greater. 6 (Source: P.A. 83-1177.) 7 (20 ILCS 5/5-500 new) 8 (was 20 ILCS 5/6) (from Ch. 127, par. 6) 9 Sec. 5-500. Advisory and non-executive boards.6.10 Advisory and non-executive boards, in the respective 11 departments, are created as designated in the Sections 12 following this Section and preceding Section 5-6006.0113through 6.27. The members of thesuchboards shall be 14 officers. 15 (Source: P.A. 76-1158.) 16 (20 ILCS 5/5-505 new) 17 (was 20 ILCS 5/8) (from Ch. 127, par. 8) 18 Sec. 5-505. Boards' general powers and duties.8.Each 19 advisory and non-executive board, except as otherwise 20 expressly provided in this Act, and in addition to all powers 21 and duties otherwise expressly provided, shall, with respect 22 to its field of work, or that of the department with which it 23 is associated, have the following powers and duties: 24 (1)1.To consider and study the entire field; to 25 advise the executive officers of the department upon 26 their request; to recommend, on its own initiative, 27 policies and practices, which recommendations the 28 executive officers of the department shall duly consider; 29,and to give advice or make recommendations to the 30 Governor and the General Assembly when so requested,or 31 on its own initiative.;32 (2)2.To investigate the conduct of the work of HB0236 Engrossed -29- LRB9100031DJcdA 1 the department with which it may be associated, and for 2 this purpose to have access, at any time, to all books, 3 papers, documents, and records pertaining or belonging to 4 that departmentthereto, and to require written or oral 5 information from any officer or employee of that 6 department.thereof;7 (3)3.To adopt rules, not inconsistent with law, 8 for its internal control and management.,A copy of the 9whichrules shall be filed with the director of the 10 department with which thesuchboard is associated.;11 (4)4.To hold meetings at thesuchtimes and 12 placesas may beprescribed by the rules but,not less 13 frequently, however,than quarterly.;14 (5)5.To act by a sub-committee,or by a majority 15 of the board,if the rules so prescribe.;16 (6)6.To keep minutes of the transactions of each 17 session, regular or special, which shall be public 18 records and filed with the director of the department.;19 (7)7.To give notice to the Governor and to the 20 director of the department with which it is associated of 21 the time and place of every meeting, regular or special, 22 and to permit the Governor and the director of the 23 department to be present and to be heard upon any matter 24 coming before thesuchboard. 25 (Source: Laws 1955, p. 2222.) 26 (20 ILCS 5/5-510 new) 27 (was 20 ILCS 5/8.1) (from Ch. 127, par. 8.1) 28 Sec. 5-510. Gender balanced appointments.8.1.All 29 appointments to boards, commissions, committees, and councils 30 of the State created by the laws of this State and after July 31 1, 1992the effective date of this Sectionshall be gender 32 balanced to the extent possible and to the extent that 33 appointees are qualified to serve on those boards, HB0236 Engrossed -30- LRB9100031DJcdA 1 commissions, committees, and councils. If gender balance is 2 not possible, then appointments shall provide for significant 3 representation of both sexes to boards, commissions, 4 committees, and councils governed by this Section and the 5 Gender Balanced Appointments Act. If there are multiple 6 appointing authorities for a board, commission, committee, or 7 council, they shall each strive to achieve gender balance in 8 their appointments. 9 Appointments made in accordance with this Section should 10 be made in a manner that makes a good faith attempt to seek 11 gender balance based on the numbers of each gender belonging 12 to the group from which appointments are made. 13 (Source: P.A. 87-797.) 14 (20 ILCS 5/5-515 new) 15 (was 20 ILCS 5/10) (from Ch. 127, par. 10) 16 Sec. 5-515. Compensation prohibited.10.No member of an 17 advisory and non-executive board shall receive any 18 compensation. 19 (Source: Laws 1917, p. 2.) 20 (20 ILCS 5/5-520 new) 21 (was 20 ILCS 5/6.27) (from Ch. 127, par. 6.27) 22 Sec. 5-520.6.27.In the Department on Aging. A Council 23 on Aging and a Coordinating Committee of State Agencies 24 Serving Older Persons composed and appointed as provided in 25 the Illinois Act on the Aging. 26 (Source: P.A. 89-249, eff. 8-4-95.) 27 (20 ILCS 5/5-525 new) 28 (was 20 ILCS 5/6.01) (from Ch. 127, par. 6.01) 29 Sec. 5-525.6.01.In the Department of Agriculture. 30 (a) A Board of Agricultural Advisors composed of 17 31 persons engaged in agricultural industries, including HB0236 Engrossed -31- LRB9100031DJcdA 1 representatives of the agricultural press and of the State 2 Agricultural Experiment Station. 3 (b) An Advisory Board of Livestock Commissioners to 4 consist of 24 persons. The Board shall consist of the 5 administrator of animal disease programs, the Dean of the 6 College of Agriculture of the University of Illinois, the 7 Dean of the College of Veterinary Medicine of the University 8 of Illinois, and commencing on January 1, 1990 the Deans or 9 Chairmen of the Colleges or Departments of Agriculture of 10 Illinois State University, Southern Illinois University, and 11 Western Illinois University in that order who shall each 12 serve for 1 year terms, provided that commencing on January 13 1, 1993 such terms shall be for 2 years in the same order, 14 the Director of Public Health, the chairman of the 15 Agriculture, Conservation and Energy Committee of the Senate, 16 and the chairman of the Committee on Agriculture of the House 17 of Representatives, who shall ex-officio be members of the 18 Board,thereofand 17 additional persons interested in the 19 prevention, elimination and control of diseases of domestic 20 animals and poultry who shall be appointed by the Governor to 21 serve at the Governor'shispleasure. An appointed member's 22 office becomes vacant upon the member'shisabsence from 3 23 consecutive meetings. Of the 17suchadditional persons, one 24 shall be a representative of breeders of beef cattle, one 25 shall be a representative of breeders of dairy cattle, one 26 shall be a representative of breeders of dual purpose cattle, 27 one shall be a representative of breeders of swine, one shall 28 be a representative of poultry breeders, one shall be a 29 representative of sheep breeders, one shall be a veterinarian 30 licensed in this State, one shall be a representative of 31 general or diversified farming, one shall be a representative 32 of the public stockyards, one shall be a representative of 33 livestock auction markets, one shall be a representative of 34 cattle feeders, one shall be a representative of pork HB0236 Engrossed -32- LRB9100031DJcdA 1 producers, one shall be a representative of the State 2 licensed meat packers, one shall be a representative of 3 canine breeders, one shall be a representative of equine 4 breeders, one shall be a representative of the Illinois 5 licensed renderers, and one shall be a representative of 6 livestock dealers. The members shall receive no compensation 7 but shall be reimbursed for expenses necessarily incurred in 8 the performance of their duties. In the appointment of the 9suchAdvisory Board of Livestock Commissioners, the Governor 10 shall consult with representative persons and recognized 11 organizations in the respective fields concerning thesuch12 appointments. 13 Rules and regulations of the Department of Agriculture 14 pertaining to the prevention, elimination, and control of 15 diseases of domestic animals and poultry shall be submitted 16 to the Advisory Board of Livestock Commissioners for approval 17 at its duly called meeting. The chairman of the Board shall 18 certify the official minutes of the Board's action and shall 19 file the certified minutes with the Department of Agriculture 20 within 30 days after the proposed rules and regulations are 21 submitted and before they are promulgated and made effective. 22 If the Board fails to take action within 30 days this 23 limitation shall not apply and thesuchrules and regulations 24 may be promulgated and made effective. In the event it is 25 deemed desirable, the Board may hold hearings upon thesuch26 rules and regulations or proposed revisions. The Board 27 members shall be familiar with the Acts relating to the 28 prevention, elimination, and control of diseases among 29 domestic animals and poultry. The Department shall, upon the 30 request of a Board member, advise thewith suchBoard 31 concerning the administration of the respective Acts. 32 The Director of Agriculture or his representative from 33 the Department shall act as chairman of the Board. The 34 Director shall call meetings of the Boardthereoffrom time HB0236 Engrossed -33- LRB9100031DJcdA 1 to time or when requested by 3 or more appointed members of 2 the Board. A quorum of appointed members must be present to 3 convene an official meeting. The chairman and ex-officio 4 members shall not be included in a quorum call. Ex-officio 5 members may be represented by a duly authorized 6 representative from their department, division, college, or 7 committee. Appointed members shall not be represented at a 8 meeting by another person. Ex-officio members and appointed 9 members shall have the right to vote on all proposed rules 10 and regulations; voting that in effect would pertain to 11 approving rules and regulations shall be taken by an oral 12 roll call. No member shall vote by proxy. The chairman shall 13 not vote except in the case of a tie vote. Anymember14 ex-officio or appointed member may ask for and shall receive 15 an oral roll call on any motion before the Board. The 16 Department shall provide a clerk to take minutes of the 17 meetings and record transactions of the Board. The Board, by 18 oral roll call, may require an official court reporter to 19 record the minutes of the meetings. 20 (Source: P.A. 86-232.) 21 (20 ILCS 5/5-530 new) 22 (was 20 ILCS 5/6.01a) (from Ch. 127, par. 6.01a) 23 Sec. 5-530.6.01a.In the Department of Agriculture and 24 in cooperation with the Department of Commerce and Community 25 Affairs. An Agricultural Export Advisory Committee composed 26 of the following: 2 members of the House of Representatives, 27 to be appointed by the Speaker of the House of 28 Representativesthereof; 2 members of the Senate, to be 29 appointed by the President of the Senate; the Director of 30 Agriculture, who shall serve as Secretary of the Committee; 31 and not more than 15 members to be appointed by the Governor. 32 The members of the committee shall receive no compensation,33 but shall be reimbursed for expenses necessarily incurred in HB0236 Engrossed -34- LRB9100031DJcdA 1 the performance of their duties under this Act. 2 (Source: P.A. 81-1509.) 3 (20 ILCS 5/5-535 new) 4 (was 20 ILCS 5/6.15) (from Ch. 127, par. 6.15) 5 Sec. 5-535.6.15.In the Department of Children and 6 Family Services. A Children and Family Services Advisory 7 Council of 17 members, one of whom shall be a senior citizen 8 age 60 or over, appointed by the Governor. TheSuchCouncil 9 shall advise the Department with respect to services and 10 programs for children,and for adults under its care. In 11 appointing the first Council, 8 members shall be named to 12 serve 2 years, and 8 members named to serve 4 years. The 13 member first appointed under Publicthis amendatoryAct 14 83-1538of 1984shall serve for a term of 4 years. All 15 members appointed thereafter shall be appointed for terms of 16 4 years. At its first meeting the Council shall select a 17 chairman from among its members and appoint a committee to 18 draft rules of procedure. 19 (Source: P.A. 83-1538.) 20 (20 ILCS 5/5-540 new) 21 (was 20 ILCS 5/6.28 and 5/7.01) (from Ch. 127, pars. 6.28 22 and 7.01) 23 Sec. 5-540.6.28.In the Department of Employment 24 Security. An Employment Security Advisory Board, composed of 25 9 persons.Sec. 7.01. Employment Security Advisory Board;26members.Of the 9 members of the Employment Security 27 Advisory Board, 3 members shall be representative citizens 28 chosen from the employee class, 3 members shall be 29 representative citizens chosen from the employing class, and 30 3 members shall be representative citizens not identified 31 with either the employing class or the employee classclasses32. HB0236 Engrossed -35- LRB9100031DJcdA 1 (Source: P.A. 90-372, eff. 7-1-98.) 2 (20 ILCS 5/5-545 new) 3 (was 20 ILCS 5/6.04) (from Ch. 127, par. 6.04) 4 Sec. 5-545.6.04.In the Department of Human Services. 5 A Psychiatric Advisory Council appointed by and at the 6 discretion of the Secretary of Human Services, consisting of 7 representatives from the several schools and institutes in 8 Illinois conducting programs of psychiatric training, which 9 shall advise the Department with respect to its policies and 10 programs relating to mental health or developmental 11 disabilities. The members shall serve for thesuchterms 12 thatasthe Secretary shall designate. 13 (Source: P.A. 89-507, eff. 7-1-97.) 14 (20 ILCS 5/5-550 new) 15 (was 20 ILCS 5/6.23) (from Ch. 127, par. 6.23) 16 Sec. 5-550.6.23.In the Department of Human Services. 17 A State Rehabilitation Advisory Council, hereinafter referred 18 to as the Council, is hereby established for the purpose of 19 advising the Secretary and the vocational rehabilitation 20 administrator of the provisions of the federal Rehabilitation 21 Act of 1973 and the Americans with Disabilities Act of 1990 22 in matters concerning individuals with disabilities and the 23 provision of rehabilitation services. The Council shall 24 consist of 23 members appointed by the Governor after 25 soliciting recommendations from representatives of 26 organizations representing a broad range of individuals with 27 disabilities and organizations interested in individuals with 28 disabilities. The Governor shall appoint to this Council the 29 following: 30 (1) One representative of a parent training center 31 established in accordance with the federal Individuals 32 with Disabilities Education Act. HB0236 Engrossed -36- LRB9100031DJcdA 1 (2) One representative of the client assistance 2 program. 3 (3) One vocational rehabilitation counselor who has 4 knowledge of and experience with vocational 5 rehabilitation programs. (If an employee of the 6 Department is appointed, that appointee shall serve as an 7 ex officio, nonvoting member.) 8 (4) One representative of community rehabilitation 9 program service providers. 10 (5) Four representatives of business, industry, and 11 labor. 12 (6) Eight representatives of disability advocacy 13 groups representing a cross section of the following: 14 (A) individuals with physical, cognitive, 15 sensory, and mental disabilities; and 16 (B) parents, family members, guardians, 17 advocates, or authorized representative of 18 individuals with disabilities who have difficulty in 19 representing themselves or who are unable, due to 20 their disabilities, to represent themselves. 21 (7) One current or former applicant for, or 22 recipient of, vocational rehabilitation services. 23 (8) Three representatives from secondary or higher 24 education. 25 The chairperson of, or a member designated by, the Statewide 26 Independent Living Council created under Section 12a of the 27 Disabled Persons Rehabilitation Act, the chairperson of the 28 Blind Services Planning Council created under the Bureau for 29 the Blind Act, and the vocational rehabilitation 30 administrator shall serve as ex officio members. 31 The Council shall select a Chairperson. 32 The Chairperson and at least 11 other members of the 33 Council shall have a recognized disability. One member shall 34 be a senior citizen age 60 or over. A majority of the HB0236 Engrossed -37- LRB9100031DJcdA 1 Council members shall not be employees of the Department of 2 Human Services. Current members of the Rehabilitation 3 Services Advisory Council shall serve until members of the 4 newly created Council are appointed. 5 The terms of all members appointed before the effective 6 date of Publicthis amendatoryAct 88-10of 1993shall expire 7 on July 1, 1993. The members first appointed under Public 8this amendatoryAct 88-10of 1993shall be appointed to serve 9 for staggered terms beginning July 1, 1993, as follows: 7 10 members shall be appointed for terms of 3 years, 7 members 11 shall be appointed for terms of 2 years, and 6 members shall 12 be appointed for terms of one year. Thereafter, all 13 appointments shall be for terms of 3 years. Vacancies shall 14 be filled for the unexpired term. Members shall serve until 15 their successors are appointed and qualified. No member 16 shall serve for more than 2 full terms. 17 Members shall be reimbursed for their actual expenses 18 incurred in the performance of their duties, including 19 expenses for travel, child care, and personal assistance 20 services, and a member who is not employed or who must 21 forfeit wages from other employment shall be paid reasonable 22 compensation for each day the member is engaged in performing 23 the duties of the Council. 24 The Council shall meet at least 4 times per year at times 25 and places designated by the Chairman upon 10 days written 26 notice to the members. Special meetings may be called by the 27 Chairperson or 7 members of the Council upon 7 days written 28 notice to the other members. Nine members shall constitute a 29 quorum. No member of the Council shall cast a vote on any 30 matter that would provide direct financial benefit to the 31 member or otherwise give the appearance of a conflict of 32 interest under Illinois law. 33 The Council shall prepare and submit to the vocational 34 rehabilitation administrator thesuchreports and findings HB0236 Engrossed -38- LRB9100031DJcdA 1 that the vocational rehabilitation administratoras hemay 2 request or thatasthe Council deems fit. The Council shall 3 select jointly with the vocational rehabilitation 4 administrator a pool of qualified persons to serve as 5 impartial hearing officers. 6 To the extent that there is a disagreement between the 7 Council and the unit within the Department of Human Services 8 responsible for the administration of the vocational 9 rehabilitation program, regarding the resources necessary to 10 carry out the functions of the Council as set forth in this 11 Section, the disagreement shall be resolved by the Governor. 12 (Source: P.A. 89-507, eff. 7-1-97; 90-453, eff. 8-16-97.) 13 (20 ILCS 5/5-555 new) 14 (was 20 ILCS 5/6.02) (from Ch. 127, par. 6.02) 15 Sec. 5-555.6.02.In the Department of Labor. An Advisory 16 Board to the Department of Labor, composed of 13 members, 17 including 5 representatives of employees, 5 representatives 18 of employers, and 3 public members. Members' terms shallwill19be for 2 years with appointments staggered to ensureassure20 continuity in performance of the responsibilities of the 21 Board. The Board shall give notice to the Governor and the 22 Director of Labor of the time and place of every meeting, 23 regular or special, and shall permit the Governor and the 24 Director to be present and to be heard upon any matter coming 25 before the Board. 26 (Source: P.A. 86-544.) 27 (20 ILCS 5/5-560 new) 28 (was 20 ILCS 5/6.08) (from Ch. 127, par. 6.08) 29 Sec. 5-560.6.08.In the Department of Natural Resources. 30 An Advisory Board to the Department of Natural Resources, 31 composed of 11 persons, one of whom shall be a senior citizen 32 age 60 or over. HB0236 Engrossed -39- LRB9100031DJcdA 1 In the appointment of the initial members the Governor 2 shall designate 3 persons to serve for 2 years, 3 for 4 years 3 , and 3 for 6 years from the third Monday in January of the 4 odd-numbered year in which the term commences. The members 5 first appointed under this amendatory Act of 1984 shall serve 6 a term of 6 years commencing on the third Monday in January, 7 1985. 8 The Advisory Board shall formulate long range policies 9 for guidance of the Department in: the protection and 10 conservation of renewable resources of the State of Illinois; 11 the development of areas and facilities for outdoor 12 recreation; the prevention of timber destruction and other 13 forest growth by fire,or otherwise; the reforestation of 14 suitable lands of this State; the extension of cooperative 15 support to other agencies of this State in preventingthe16preventionand guarding against the pollution of streams and 17 lakes within the State; the management of the wildlife 18 resources, including migratory fowl, and fisheries resources, 19 including the construction of new water impoundment areas; 20 the development of an adequate research program for fish, 21 game, and forestry through cooperation with and support of 22 the Illinois Natural History Survey; and the expressing of 23 policies for proper dissemination of and enforcement of the 24 various laws pertinent to the conservation program of 25 Illinois and the nation. 26 The Board shall make a study of the personnel structure 27 of the Department and shall, from time to time, make 28 recommendations to the Governor and the Director of Natural 29 Resources for a merit system of employment and for the 30 revision of the position classification to the extent which 31 Civil Service classification should apply in departmental 32 positions. 33 The Board shall make studies of the land acquisition 34 needs of the Department and recommendations from time to time HB0236 Engrossed -40- LRB9100031DJcdA 1 as to necessary acquisition of lands for fisheries, game, 2 forestry, and recreational development. 3 The Board may recommend to the Director of Natural 4 Resources any reductions or increases of seasons,and bag or 5 possession limits,or the closure of any season when research 6 and inventory data indicate the need for thosesuchchanges. 7SuchBoard members shall be reimbursed for any necessary 8 travel expenses incurred in the performance of their duties. 9 (Source: P.A. 89-445, eff. 2-7-96; 90-435, eff. 1-1-98.) 10 (20 ILCS 5/5-565 new) 11 (was 20 ILCS 5/6.06) (from Ch. 127, par. 6.06) 12 Sec. 5-565.6.06.In the Department of Public Health. 13 (a) The General Assembly declares it to be the public 14 policy of this State that all citizens of Illinois are 15 entitled to lead healthy lives. Governmental public health 16 has a specific responsibility to ensure that a system is in 17 place to allow the public health mission to be achieved. To 18 develop a system requires certain core functions to be 19 performed by government. The State Board of Health is to 20 assume the leadership role in advising the Director in 21 meeting the following functions: 22 (1) Needs assessment. 23 (2) Statewide health objectives. 24 (3) Policy development. 25 (4) Assurance of access to necessary services. 26 There shall be a State Board of Health composed of 17 27 persons, all of whom shall be appointed by the Governor, with 28 the advice and consent of the Senate for those appointed by 29 the Governor on and after June 30,the effective date of this30amendatory Act of1998, and one of whom shall be a senior 31 citizen age 60 or over. Five members shall be physicians 32 licensed to practice medicine in all its branches, one 33 representing a medical school faculty, one who is board HB0236 Engrossed -41- LRB9100031DJcdA 1 certified in preventive medicine, and 2 who are engaged in 2 private practice. One member shall be a dentist; one an 3 environmental health practitioner; one a local public health 4 administrator; one a local board of health member; one a 5 registered nurse; one a veterinarian; one a public health 6 academician; one a health care industry representative; and 4 7 shall be citizens at large. 8 In the appointment of the first Board of Health members 9 appointed after September 19, 1991 (the effective date of 10 Publicthis amendatoryAct 87-633)of 1991, the Governor 11 shall appoint 5 members to serve for terms of 5 years; 5 12 members to serve for terms of 2 years; and 5 members to serve 13 for a term of one year. Members appointed thereafter shall be 14 appointed for terms of 3 years, except that whenwherean 15 appointment is made to fill a vacancy,in which casethe 16 appointment shall be for the remaining term of the position 17 vacated. The initial terms for the 2 additional members of 18 the board who are citizens at large appointed under Public 19 Act 90-607this amendatory Act of 1998shall be for 3 years 20 each, with these positions thereafter being filled as with 21 other members appointed by the Governor. All members shall be 22 legal residents of the State of Illinois. The duties of the 23 Board shall include, but not be limited to, the following: 24 (1) To advise the Department of ways to encourage 25 public understanding and support of the Department's 26 programs. 27 (2) To evaluate all boards, councils, committees, 28 authorities, and bodies advisory to, or an adjunct of, 29 the Department of Public Health or its Director for the 30 purpose of recommending to the Director one or more of 31 the following: 32 (i) The elimination of bodies whose activities 33 are not consistent with goals and objectives of the 34 Department. HB0236 Engrossed -42- LRB9100031DJcdA 1 (ii) The consolidation of bodies whose 2 activities encompass compatible programmatic 3 subjects. 4 (iii) The restructuring of the relationship 5 between the various bodies and their integration 6 within the organizational structure of the 7 Department. 8 (iv) The establishment of new bodies deemed 9 essential to the functioning of the Department. 10 (3) To serve as an advisory group to the Director 11 for public health emergencies and control of health 12 hazards. 13 (4) To advise the Director regarding public health 14 policy, and to make health policy recommendations 15 regarding priorities to the Governor through the 16 Director. 17 (5) To present public health issues to the Director 18 and to make recommendations for the resolution of those 19 issues. 20 (6) To recommend studies to delineate public health 21 problems. 22 (7) To make recommendations to the Governor through 23 the Director regarding the coordination of State public 24 health activities with other State and local public 25 health agencies and organizations. 26 (8) To report on or before February 1 of each year 27 on the health of the residents of Illinois to the 28 Governor, the General Assembly, and the public. 29 (9) To review the final draft of all proposed 30 administrative rules, other than emergency or preemptory 31 rules and those rules that another advisory body must 32 approve or review within a statutorily defined time 33 period, of the Department after September 19, 1991 (the 34 effective date of Publicthis amendatoryAct 87-633)ofHB0236 Engrossed -43- LRB9100031DJcdA 11991. The Board shall review the proposed rules within 2 90 days of submission by the Department. The Department 3 shall take into consideration any comments and 4 recommendations of the Board regarding the proposed rules 5 prior to submission to the Secretary of State for initial 6 publication. If the Department disagrees with the 7 recommendations of the Board, it shall submit a written 8 response outlining the reasons for not accepting the 9 recommendations. 10 In the case of proposed administrative rules or 11 amendments to administrative rules regarding immunization 12 of children against preventable communicable diseases 13 designated by the Director under the Communicable Disease 14 Prevention Act, after the Immunization Advisory Committee 15 has made its recommendations, the Board shall conduct 3 16 public hearings, geographically distributed throughout 17 the State. At the conclusion of the hearings, the State 18 Board of Health shall issue a report, including its 19 recommendations, to the Director. The Director shall 20 take into consideration any comments or recommendations 21 made by the Board based on these hearings. 22 (10) To make recommendations to the Governor 23 through the Director concerning the development and 24 periodic updating of Statewide health objectives 25 encompassing, in part, the periodically published federal 26 health objectives for the nation, which will provide the 27 basis for the policy development and assurance roles of 28 the State Health Department, and to make recommendations 29 to the Governor through the Director regarding 30 legislation and funding necessary to implement the 31 objectives. 32 (11) Upon the request of the Governor, to recommend 33 to the Governor candidates for Director of Public Health 34 when vacancies occur in the position. HB0236 Engrossed -44- LRB9100031DJcdA 1 (12) To adopt bylaws for the conduct of its own 2 business, including the authority to establish ad hoc 3 committees to address specific public health programs 4 requiring resolution. 5 Upon appointment, the Board shall elect a chairperson 6 from among its members. 7 Members of the Board shall receive compensation for their 8 services at the rate of $150 per day, not to exceed $10,000 9 per year, as designated by the Director for each day required 10 for transacting the business of the Board,and shall be 11 reimbursed for necessary expenses incurred in the performance 12 of their duties. The Board shall meet from time to time at 13 the call of the Department, at the call of the chairperson, 14 or upon the request of 3 of its members, but shall not meet 15 less than 4 times per year. 16 (b) An Advisory Board of Cancer Control which shall 17 consist of 9 members, one of whom shall be a senior citizen 18 age 60 or over, appointed by the Governor, one of whom shall 19 be designated as chairman by a majority of the members of the 20 Board. No less than 4 members shall be recognized authorities 21 in cancer control, and at least 4 members shall be physicians 22 licensed to practice medicine in all of its branches in the 23 State of Illinois. In the appointment of the first board the 24 Governor shall appoint 2 members to serve for terms of 1 25 year, 2 for terms of 2 years, and 3 for terms of 3 years. The 26 members first appointed under Publicthis amendatoryAct 27 83-1538of 1984shall serve for a term of 3 years. All 28 members appointed,thereafter shall be appointed for terms of 29 3 years, except that whenwherean appointment is made to 30 fill a vacancy,in which casethe appointment shall be for 31 the remaining term of the position vacant. The members of the 32 Board shall be citizens of the State of Illinois. In the 33 appointment of the Advisory Board the Governor shall invite 34 nominations from recognized medical organizations of this HB0236 Engrossed -45- LRB9100031DJcdA 1 State. The Board is authorized to receive voluntary 2 contributions from any source,and to expend the 3 contributionssamefor the purpose of cancer control as 4 authorized by this Act, and the laws of this State. 5 (c) An Advisory Board on Necropsy Service to Coroners, 6 which shall counsel and advise with the Director on the 7 administration of the Autopsy Act. The Advisory Board shall 8 consist of 11 members, including a senior citizen age 60 or 9 over, appointed by the Governor, one of whom shall be 10 designated as chairman by a majority of the members of the 11 Board. In the appointment of the first Board the Governor 12 shall appoint 3 members to serve for terms of 1 year, 3 for 13 terms of 2 years, and 3 for terms of 3 years. The members 14 first appointed under Publicthis amendatoryAct 83-1538of151984shall serve for a term of 3 years. All members 16 appointed thereafter shall be appointed for terms of 3 years, 17 except that whenwherean appointment is made to fill a 18 vacancy,in which casethe appointment shall be for the 19 remaining term of the position vacant. The members of the 20 Board shall be citizens of the State of Illinois. In the 21 appointment of members of the Advisory Board the Governor 22 shall appoint 3 members who shall be persons licensed to 23 practice medicine and surgery in the State of Illinois, at 24 least 2 of whom shall have received post-graduate training in 25 the field of pathology; 3 members who are duly elected 26 coroners in this State; and 5 members who shall have interest 27 and abilities in the field of forensic medicine but who shall 28 be neither persons licensed to practice any branch of 29 medicine in this State nor coroners. In the appointment of 30 medical and coroner members of the Board, the Governor shall 31 invite nominations from recognized medical and coroners 32 organizations in this State respectively. Board members, 33 while serving on business of the Board, shall receive actual 34 necessary travel and subsistence expenses while so serving HB0236 Engrossed -46- LRB9100031DJcdA 1 away from their places of residence. 2 (Source: P.A. 90-607, eff. 6-30-98.) 3 (20 ILCS 5/5-570 new) 4 (was 20 ILCS 5/6.02a and 5/7.04a) (from Ch. 127, pars. 5 6.02a and 7.04a) 6 Sec. 5-570.6.02a.In the Department of Transportation. 7 A Board of Aeronautical Advisors, composed of 9 persons. 8Sec. 7.04a.The Board of Aeronautical Advisors shall 9 include among its members at least one person who is 10 interested in air commerce, at least one person who is 11 interested in noncommercial private flying, at least one 12 person who is interested in the operation or management of 13 airports, and at least one person who is interested in the 14 conducting of schools thatwhichhave a comprehensive 15 curriculum for instruction of persons desiring to learn how 16 to operate, repair,or maintain aircraft. The Secretary of 17 Transportation shall be a member and chairman of the Board of 18 Aeronautical Advisors. The head of the Division of 19 Aeronautics shall be a member and vice-chairman of the Board. 20 (Source: P.A. 85-1033.) 21 (20 ILCS 5/5-600 new) 22 (was 20 ILCS 5/11) (from Ch. 127, par. 11) 23 Sec. 5-600. Officer's performance of duties.11.Each 24 officer provided for by the Civil Administrative Code of 25 Illinoisthis Actshall perform thesuchduties that areas26may beprescribed by law for the officer'shisposition and 27 to the best of the officer'shisability shall render 28 faithful and efficient service in the performance of those 29hisduties, to the end that the public interest and welfare 30 may be furthered. 31 (Source: Laws 1927, p. 844.) HB0236 Engrossed -47- LRB9100031DJcdA 1 (20 ILCS 5/5-605 new) 2 (was 20 ILCS 5/12) (from Ch. 127, par. 12) 3 Sec. 5-605. Appointment of officers.12.Each officer 4 whose office is created by the Civil Administrative Code of 5 Illinoisthis Act,or by any amendment to the Codethereto,6 shall be appointed by the Governor, by and with the advice 7 and consent of the Senate. In case of vacancies in those 8suchoffices during the recess of the Senate, the Governor 9 shall make a temporary appointment until the next meeting of 10 the Senate, when the Governorheshall nominate some person 11 to fill thesuchoffice, and any person so nominated,who is 12 confirmed by the Senate,shall holdhisoffice during the 13 remainder of the term and until his or her successor isshall14beappointed and qualified. If the Senate is not in session 15 at the time the Codethis Act,or any amendments to the Code 16thereto,take effect, the Governor shall make a temporary 17 appointment as in the case of a vacancy. 18 During the absence or inability to act of the director of 19 any department, or of the Secretary of Human Services or the 20 Secretary of Transportation, or in case of a vacancy in any 21 such office until a successor is appointed and qualified, the 22 Governor may designate some person as acting director or 23 acting secretary to execute the powers and discharge the 24 duties vested by law in that director or secretary. 25 (Source: P.A. 89-507, eff. 7-1-97.) 26 (20 ILCS 5/5-610 new) 27 (was 20 ILCS 5/13) (from Ch. 127, par. 13) 28 Sec. 5-610. Term of office.13.Each officer whose office 29 is created by the Civil Administrative Code of Illinoisthis30Act, except as otherwise specifically provided for in the 31 Codethis Act, shall hold office for a term of 2 years from 32 the third Monday in January of each odd-numbered year and 33 until the officer'shissuccessor is appointed and qualified. HB0236 Engrossed -48- LRB9100031DJcdA 1 Where the provisions of the Codethis Actrequire General 2 Assembly members to be included in the membership of any 3 advisory and nonexecutive board, the General Assembly members 4 shall serve such terms or until termination of their 5 legislative service, whichever first occurs. 6 (Source: P.A. 83-1250.) 7 (20 ILCS 5/5-615 new) 8 (was 20 ILCS 5/14) (from Ch. 127, par. 14) 9 Sec. 5-615. Officer's oath.14.Each officer whose office 10 is created by the Civil Administrative Code of Illinoisthis11Act,or by any amendments to the Codethereto,shall, before 12 entering upon the discharge of the duties of thehisoffice, 13 qualify for the office by taking and subscribing the 14 constitutional oath of office and filing the signed oath in 15 the office of the Secretary of State. 16 (Source: P.A. 79-1348.) 17 (20 ILCS 5/5-620 new) 18 (was 20 ILCS 5/15) (from Ch. 127, par. 15) 19 Sec. 5-620.15.Bond. Each executive and administrative 20 officer whose office is created by the Civil Administrative 21 Code of Illinoisthis Act,or by any amendments to the Code 22thereto,shall give bond before entering upon the discharge 23 of the duties of his or her office by inclusion in the 24 blanket bond or bonds or self-insurance program provided for 25 in Sections 14.1 and 14.2 of the Official Bond Act. 26 All official bonds required to be executed and filed 27 under this Section are subject to the requirements of the 28 Official Bond Act. 29 (Source: P.A. 90-372, eff. 7-1-98.) 30 (20 ILCS 5/5-625 new) 31 (was 20 ILCS 5/16) (from Ch. 127, par. 16) HB0236 Engrossed -49- LRB9100031DJcdA 1 Sec. 5-625. Department regulations.16.The director of 2 each department (see Section 5-10 of this Law for the 3 definition of "director")and the Secretary of the Department4of Transportationis empowered to prescribe regulations, not 5 inconsistent with law, for the government of the director's 6hisdepartment, the conduct of the department'sitsemployees 7 and clerks, the distribution and performance of the 8 department'sitsbusiness, and the custody, use, and 9 preservation of the records, papers, books, documents, and 10 property pertaining to the departmentthereto. 11 (Source: P.A. 77-153.) 12 (20 ILCS 5/5-630 new) 13 (was 20 ILCS 5/17) (from Ch. 127, par. 17) 14 Sec. 5-630. Department offices.17.Each department shall 15 maintain a central office in the Capitol Building, Centennial 16 Building, or State Office Building at Springfield, in rooms 17 provided by the Secretary of State, or in the Armory Building 18 at Springfield, in rooms provided by the Department of 19 Central Management Services, excepting the Department of 20 Agriculture, which shall maintain a central office at the 21 State fair grounds at Springfield, and the Department of 22 Transportation, which shall also maintain a Division of 23 Aeronautics at Capital Airport. The director of each 24 department (see Section 5-10 of this Law for the definition 25 of "director")and the Secretary of Transportation,may, in 26 the director'shisdiscretion and with the approval of the 27 Governor, establish and maintain, at places other than the 28 seat of government, branch offices for the conduct of any one 29 or more functions of the director'shisdepartment. 30 (Source: P.A. 82-789.) 31 (20 ILCS 5/5-635 new) 32 (was 20 ILCS 5/18) (from Ch. 127, par. 18) HB0236 Engrossed -50- LRB9100031DJcdA 1 Sec. 5-635. Department office hours.18.Each department 2 shall be open for the transaction of public business at least 3 from 8:30eight-thirty o'clockin the morning until 5:00five4o'clockin the evening of each day except Saturdays, Sundays, 5 and days that may hereafter be declared by the Governor to be 6 holidays for State employees. 7 (Source: Laws 1965, p. 542.) 8 (20 ILCS 5/5-640 new) 9 (was 20 ILCS 5/19) (from Ch. 127, par. 19) 10 Sec. 5-640. Department seal.19.Each department shall 11 adopt and keep an official seal. 12 (Source: Laws 1917, p. 2.) 13 (20 ILCS 5/5-645 new) 14 (was 20 ILCS 5/20) (from Ch. 127, par. 20) 15 Sec. 5-645. Department employees.20.Each department may 16 obtain necessary employees and, if the rate of compensation 17 is not otherwise fixed by law, may fix their compensation 18 subject to the"Personnel Code", approved July 18, 1955, as19amended. 20 (Source: Laws 1967, p. 4068.) 21 (20 ILCS 5/5-650 new) 22 (was 20 ILCS 5/25) (from Ch. 127, par. 25) 23 Sec. 5-650. Department reports.25.The Governor may 24 require from each director of a department (see Section 5-10 25 of this Law for the definition of "director")and the26Secretary of Transportation,a report in writing concerning 27 the condition, management, and financial transactions of the 28 director's departmenttheir respective departments. In 29 addition to thosesuchreports, each director of a department 30and the Secretary of the Department of Transportation,shall 31 make the semi-annual and biennial reports provided by the HB0236 Engrossed -51- LRB9100031DJcdA 1 Constitution. 2 (Source: P.A. 82-905.) 3 (20 ILCS 5/5-655 new) 4 (was 20 ILCS 5/26) (from Ch. 127, par. 26) 5 Sec. 5-655. Cooperation by directors.26.The directors 6 of departments (see Section 5-10 of this Law for the 7 definition of "director") shall devise a practical and 8 working basis for co-operation and co-ordination of work, 9 eliminating duplication and overlapping of functions. They 10 shall, so far as practicable, co-operate with each other in 11 the employment of services and the use of quarters and 12 equipment. The director of any department may empower or 13 require an employeeemployeof another department, subject to 14 the consent of the superior officer of the employeeemploye, 15 to perform any duty that the directorwhich hemight require 16 of his or her own subordinates. 17 The directors of departments may co-operate in the 18 investigation of any licensed health care professional or may 19 jointly investigate such a person and may share the results 20 of any cooperative, joint, or independent investigation of 21 such a person. 22 (Source: P.A. 84-1252.) 23 (20 ILCS 5/5-660 new) 24 (was 20 ILCS 5/31) (from Ch. 127, par. 31) 25 Sec. 5-660. Power to inspect and secure data or 26 information31. Whenever in the Civil Administrative Code of 27 Illinoisthis Actpower is vested in a department to inspect, 28 examine, or secure data or information,or to procure 29 assistance from another department, a duty is hereby imposed 30 upon the department upon which demand is made, to make that 31suchpower effective. 32 (Source: Laws 1917, p. 2.) HB0236 Engrossed -52- LRB9100031DJcdA 1 (20 ILCS 5/5-675 new) 2 (was 20 ILCS 5/51) (from Ch. 127, par. 51) 3 Sec. 5-675.51.Acquisition of land. The Secretary of 4 Transportation and the Director of Natural Resources are 5 respectively authorized, with the consent in writing of the 6 Governor, to acquire by private purchase, or by condemnation 7 in the manner provided for the exercise of the power of 8 eminent domain under Article VII of the Code of Civil 9 Procedure, any and all lands, buildings, and grounds for 10 which an appropriation may be made by the General Assembly,11 to their respective departments. To the extent necessary to 12 comply with the federal"Uniform Relocation Assistance and 13 Real Property Acquisition Policies Act", Public Law 91-646, 14as amended,the Department of Transportation and the 15 Department of Natural Resources, respectively, are authorized 16 to operate a relocation program and to pay relocation costs. 17 The departments are authorized to exceed the maximum payment 18 limits of the federal"Uniform Relocation Assistance and Real 19 Property Acquisition Policies Act"when necessary to ensure 20 the provision of decent, safe, or sanitary housing,or to 21 secure a suitable relocation site. 22 The Director of Central Management Services is 23 authorized, with the consent in writing of the Governor, to 24 acquire by private purchase, or by condemnation in the manner 25 provided for the exercise of the power of eminent domain 26 under Article VII of the Code of Civil Procedure, all other 27 lands, buildings, and grounds for which an appropriation may 28 be made by the General Assembly. To the extent necessary to 29 comply with the federal"Uniform Relocation Assistance and 30 Real Property Acquisition Policies Act", Public Law 91-646, 31as amended,the Department of Central Management Services is 32 authorized to operate a relocation program and to pay 33 relocation costs. The Department is authorized to exceed the 34 maximum payment limits of the federal"Uniform Relocation HB0236 Engrossed -53- LRB9100031DJcdA 1 Assistance and Real Property Acquisition Policies Act"when 2 necessary to ensure the provision of decent, safe, and 3 sanitary housing,or to secure a suitable relocation site. 4 The Department shall make or direct the payment of thesuch5 relocation amounts from the funds available to acquire the 6 property. 7 (Source: P.A. 89-445, eff. 2-7-96.) 8 (20 ILCS 5/5-700 new) 9 (was 20 ILCS 5/32) (from Ch. 127, par. 32) 10 Sec. 5-700. Transfers of rights, powers, and duties.32.11 Whenever rights, powers, and duties vested in or exercised by 12 any officer, board, commission, institution, or department,13 or any deputy, inspector, or subordinate officer of one of 14 thosethereof,are, by the Civil Administrative Code of 15 Illinoisthis Act,or by any amendments to the Codethereto, 16 transferred either in whole or in part,to or vested in a 17 department created by the Codethis Act,or by any amendments 18 to the Codethereto, thosesuchrights, powers, and duties 19 shall be vested in,and shall be exercised by the department 20 to which theythe sameare thereby transferred,and not 21 otherwise, and every act done in the exercise of thosesuch22 rights, powers, and duties shall have the same legal effect 23 as if done by the former officer, board, commission, 24 institution, or department,or any deputy, inspector, or 25 subordinate officer of any of thosethereof. 26 Every person and corporation shall be subject to the same 27 obligations and duties and shall have the same rights,28 arising from the exercise of thosesuchrights, powers, and 29 duties as if thosesuchrights, powers, and duties were 30 exercised by the officer, board, commission, department, or 31 institution,or deputy, inspector, or subordinate of any of 32 thosethereof,designated in the respective laws thatwhich33 are to be administered by departments created by the Civil HB0236 Engrossed -54- LRB9100031DJcdA 1 Administrative Code of Illinoisthis Actor by any amendments 2 to the Codethereto. Every person and corporation shall be 3 subject to the same penalty or penalties, civil or criminal, 4 for failure to perform any such obligation or duty,or for 5 doing a prohibited act,as if thesuchobligation or duty 6 arose from, or thesuchact were prohibited in, the exercise 7 of thesuchright, power, or duty by the officer, board, 8 commission, department, or institution,or deputy, inspector, 9 or subordinate of any of thosethereof,designated in the 10 respective laws thatwhichare to be administered by 11 departments created by the Civil Administrative Code of 12 Illinoisthis Actor by any amendments to the Codethereto. 13 Every officer and employee shall, for any offense, be subject 14 to the same penalty or penalties, civil or criminal, as are 15 prescribed by existing law for the same offense by any 16 officer or employee whose powers or duties devolved upon the 17 officer or employeehimunder the Codethis Actor underby18 any amendments to the Codethereto. 19 All books, records, papers, documents, property, real and 20 personal, unexpended appropriations, and pending business in 21 any way pertaining to the rights, powers, and duties so 22 transferred to or vested in a department created by the Civil 23 Administrative Code of Illinoisthis Act,or by any 24 amendments to the Codethereto,shall be delivered and 25 transferred to the department succeeding to thosesuch26 rights, powers, and duties. 27 (Source: Laws 1941, vol. 1, p. 1214.) 28 (20 ILCS 5/5-705 new) 29 (was 20 ILCS 5/33) (from Ch. 127, par. 33) 30 Sec. 5-705. Reports and notices after position or entity 31 abolished or duties transferred.33.Whenever reports or 32 notices are now required to be made or given,or papers or 33 documents furnished or served by any person to or upon any HB0236 Engrossed -55- LRB9100031DJcdA 1 officer, board, commission, or institution,or any deputy, 2 inspector, or subordinate of any of thosethereof,abolished 3 by the Civil Administrative Code of Illinoisthis Act,or by 4 any amendments to the Codethereto, or whose duties with 5 relation to the subject matter of thosesuchreports, 6 notices, papers, or documents have, by the Codethis Act,or 7 any amendments to the Codethereto, been transferred to 8 another department, division, office, board, or other agency 9 of the State government, the same shall be made, given, 10 furnished, or served in the same manner to or upon the 11 department, division, office, board, or other agency upon 12 which are devolved by the Codethis Actor by any amendments 13 to the Codetheretothe rights, powers, and duties now 14 exercised or discharged by thesuchofficer, board, 15 commission, or institution,or the deputy, inspector, or 16 subordinate of any of those,thereofand every penalty for 17 failure so to do shall continue in effect. 18 (Source: P.A. 77-153.) 19 (15 ILCS 20/Art. 50 heading new) 20 ARTICLE 50. STATE BUDGET 21 (15 ILCS 20/50-1 new) 22 Sec. 50-1. Article short title. This Article 50 of the 23 Civil Administrative Code of Illinois may be cited as the 24 State Budget Law. 25 (15 ILCS 20/50-5 new) 26 (was 15 ILCS 20/38) (from Ch. 127, par. 38) 27 Sec. 50-5. Governor to submit State budget.38.The 28 Governor shall, as soon as possible and not later than the 29 third Wednesday in February of each year beginning in 1998, 30 submit a State budget, embracing therein the amounts 31 recommended by the Governorhimto be appropriated to the HB0236 Engrossed -56- LRB9100031DJcdA 1 respective departments, offices, and institutions, and for 2 all other public purposes, the estimated revenues from 3 taxation, the estimated revenues from sources other than 4 taxation, and an estimate of the amount required to be raised 5 by taxation. The amounts recommended by the Governor for 6 appropriation to the respective departments, offices and 7 institutions shall be formulated according to the various 8 functions and activities for which the respective department, 9 office or institution of the State government (including the 10 elective officers in the executive department and including 11 the University of Illinois and the judicial department) is 12 responsible. The amounts relating to particular functions and 13 activities shall be further formulated in accordance with the 14 object classification specified in Section 13 of the State 15 Finance Act. 16 The Governor shall not propose expenditures and the 17 General Assembly shall not enact appropriations that exceed 18 the resources estimated to be available, as provided in this 19 Section. 20 For the purposes of Article VIII, Section 2 of the 1970 21 Illinois Constitution, the State budget for the following 22 funds shall be prepared on the basis of revenue and 23 expenditure measurement concepts that are in concert with 24 generally accepted accounting principles for governments: 25 (1) General Revenue Fund. 26 (2) Common School Fund. 27 (3) Educational Assistance Fund. 28 (4) Road Fund. 29 (5) Motor Fuel Tax Fund. 30 (6) Agricultural Premium Fund. 31 These funds shall be known as the "budgeted funds". The 32 revenue estimates used in the State budget for the budgeted 33 funds shall include the estimated beginning fund balance, 34 plus revenues estimated to be received during the budgeted HB0236 Engrossed -57- LRB9100031DJcdA 1 year, plus the estimated receipts due the State as of June 30 2 of the budgeted year that are expected to be collected during 3 the lapse period following the budgeted year, minus the 4 receipts collected during the first 2 months of the budgeted 5 year that became due to the State in the year before the 6 budgeted year. Revenues shall also include estimated federal 7 reimbursements associated with the recognition of Section 25 8 of the State Finance Act liabilities. For any budgeted fund 9 for which current year revenues are anticipated to exceed 10 expenditures, the surplus shall be considered to be a 11 resource available for expenditure in the budgeted fiscal 12 year. 13 Expenditure estimates for the budgeted funds included in 14 the State budget shall include the costs to be incurred by 15 the State for the budgeted year, to be paid in the next 16 fiscal year, excluding costs paid in the budgeted year which 17 were carried over from the prior year, where the payment is 18 authorized by Section 25 of the State Finance Act. For any 19 budgeted fund for which expenditures are expected to exceed 20 revenues in the current fiscal year, the deficit shall be 21 considered as a use of funds in the budgeted fiscal year. 22 Revenues and expenditures shall also include transfers 23 between funds that are based on revenues received or costs 24 incurred during the budget year. 25 By March 15 of each year, the Economic and Fiscal 26 Commission shall prepare revenue and fund transfer estimates 27 in accordance with the requirements of this Section and 28 report those estimates to the General Assembly and the 29 Governor. 30 For all funds other than the budgeted funds, the proposed 31 expenditures shall not exceed funds estimated to be available 32 for the fiscal year as shown in the budget. Appropriation 33 for a fiscal year shall not exceed funds estimated by the 34 General Assembly to be available during that year. HB0236 Engrossed -58- LRB9100031DJcdA 1 (Source: P.A. 89-699, eff. 1-16-97; 90-479, eff. 8-17-97.) 2 (15 ILCS 20/50-10 new) 3 (was 15 ILCS 20/38.1) (from Ch. 127, par. 38.1) 4 Sec. 50-10. Budget contents.38.1.The budget shall be 5 submitted by the Governor with line item and program data. 6 The budget shall also contain performance data presenting an 7 estimate for the current fiscal year, projections for the 8 budget year, and information for the 3 prior fiscal years 9 comparing department objectives with actual accomplishments, 10 formulated according to the various functions and activities, 11 and, wherever the nature of the work admits, according to the 12 work units, for which the respective departments, offices, 13 and institutions of the State government (including the 14 elective officers in the executive department and including 15 the University of Illinois and the judicial department) are 16 responsible. 17 For the fiscal year beginning July 1, 1992 and for each 18 fiscal year thereafter, the budget shall include the 19 performance measures of each department's accountability 20 report. 21 For the fiscal year beginning July 1, 1997 and for each 22 fiscal year thereafter, the budget shall include one or more 23 line items appropriating moneys to the Department of Human 24 Services to fund participation in the Home-Based Support 25 Services Program for Mentally Disabled Adults under the 26 Developmental Disability and Mental Disability Services Act 27 by persons described in Section 2-17 of that Act. 28 The budget shall contain a capital development Section in 29 which the Governor will present (1) information on the 30 capital projects and capital programs for which 31 appropriations are requested,and(2) the capital spending 32 plans, which shall document the first and subsequent years 33 cash requirements by fund for the proposed bonded program, HB0236 Engrossed -59- LRB9100031DJcdA 1 and (3) a statement thatwhichshall identify by year the 2 principal and interest costs until retirement of the State's 3 general obligation debt. In addition, the principal and 4 interest costs of the budget year program shall be presented 5 separately, to indicate the marginal cost of principal and 6 interest payments necessary to retire the additional bonds 7 needed to finance the budget year's capital program. 8 For the budget year, the current year, and 3threeprior 9 fiscal years, the Governor shall also include in the budget 10 estimates of or actual values for the assets and liabilities 11 for General Assembly Retirement System, State Employees' 12 Retirement System of Illinois, State Universities Retirement 13 System, Teachers' Retirement System of the State of Illinois, 14 and Judges Retirement System of Illinois. 15 The budget submitted by the Governor shall contain, in 16 addition, in a separate book, a tabulation of all position 17 and employment titles in each such department, office, and 18 institution, the number of each, and the salaries for each, 19 formulated according to divisions, bureaus, sections, 20 offices, departments, boards, and similar subdivisions, which 21 shall correspond as nearly as practicable to the functions 22 and activities for which the department, office, or 23 institution is responsible. 24 Together with thesuchbudget, the Governor shall 25 transmit the estimates of receipts and expenditures, as 26 received by the director of the Bureau of the Budget, of the 27 elective officers in the executive and judicial departments 28 and of the University of Illinois. 29 (Source: P.A. 89-425, eff. 6-1-96; 89-507, eff. 7-1-97.) 30 (15 ILCS 20/50-15 new) 31 (was 15 ILCS 20/38.2) (from Ch. 127, par. 38.2) 32 Sec. 50-15. Department accountability reports; Budget 33 Advisory Panel.38.2.HB0236 Engrossed -60- LRB9100031DJcdA 1 (a) Beginning in the fiscal year which begins July 1, 2 1992, each department of State government as listed in 3 Section 5-153of the Departments of State Government Law (20 4 ILCS 5/5-15)this Codeshall submit an annual accountability 5 report to the Bureau of the Budget at times designated by the 6 Director of the Bureau of the Budget. Each accountability 7 report shall be designed to assist the Bureau of the Budget 8 in its duties under Sections 2.2 and 2.3 of the"An Act to9create aBureau of the Budget Actand to define its powers10and duties and to make an appropriation", approved April 16,111969, as now or hereafter amended,and shall measure the 12 department's performance based on criteria, goals, and 13 objectives established by the department with the oversight 14 and assistance of the Bureau of the Budget. Each department 15 shall also submit interim progress reports at times 16 designated by the Director of the Bureau of the Budget. 17 (b) There is created a Budget Advisory Panel, consisting 18 of 10 representatives of private business and industry 19 appointed 2 each by the Governor, the President of the 20 Senate, theandMinority Leader of the Senate, theand21 Speaker of the House of Representatives, and the Minority 22 Leader of the House of Representatives. The Budget Advisory 23 Panel shall aid the Bureau of the Budget in the establishment 24 of the criteria, goals, and objectives by the departments for 25 use in measuring their performance in accountability reports. 26 The Budget Advisory Panel shall also assist the Bureau of the 27 Budget in reviewing accountability reports and assessing the 28 effectiveness of each department's performance measures. The 29 Budget Advisory Panel shall submit to the Bureau of the 30 Budget a report of its activities and recommendations for 31 change in the procedures established in subsection (a) at the 32 time designated by the Director of the Bureau of the Budget, 33 but in any case no later than the third Friday of each 34 November. HB0236 Engrossed -61- LRB9100031DJcdA 1 (c) The Director of the Bureau of the Budget shall 2 select not more than 3 departments for a pilot program 3 implementing the procedures of subsection (a) for budget 4 requests for the fiscal years beginning July 1, 1990 and July 5 1, 1991, and each of the departments elected shall submit 6 accountability reports for those fiscal years. 7 By April 1, 1991, the Bureau of the Budget with the 8 assistance of the Budget Advisory Panel shall recommend in 9 writing to the Governor any changes in the budget review 10 process established pursuant to this Section suggested by its 11 evaluation of the pilot program. The Governor shall submit 12 changes to the budget review process that the Governorhe13 plans to adopt, based on the report, to the President and 14 Minority Leader of the Senate and the Speaker and Minority 15 Leader of the House of Representatives. 16 (Source: P.A. 86-1027.) 17 (15 ILCS 20/50-20 new) 18 (was 15 ILCS 20/38.3) 19 Sec. 50-20.38.3.Responsible Education Funding Law. 20 (a) The Governor shall submit to the General Assembly a 21 proposed budget for elementary and secondary education in 22 which total General Revenue Fund appropriations are no less 23 than the total General Revenue Fund appropriations of the 24 previous fiscal year. In addition, the Governor shall 25 specify the total amount of funds to be transferred from the 26 General Revenue Fund to the Common School Fund during the 27 budget year, which shall be no less than the total amount 28 transferred during the previous fiscal year. The Governor 29 may submit a proposed budget in which the total appropriated 30 and transferred amounts are less than the previous fiscal 31 year if the Governor declares in writing to the General 32 Assembly the reason for the lesser amounts. 33 (b) The General Assembly shall appropriate amounts for HB0236 Engrossed -62- LRB9100031DJcdA 1 elementary and secondary education from the General Revenue 2 Fund for each fiscal year so that the total General Revenue 3 Fund appropriation is no less than the total General Revenue 4 Fund appropriation for elementary and secondary education for 5 the previous fiscal year. In addition, the General Assembly 6 shall legislatively transfer from the General Revenue Fund to 7 the Common School Fund for thesuchfiscal year a total 8 amount that is no less than the total amount transferred for 9 the previous fiscal year. The General Assembly may 10 appropriate or transfer lesser amounts if it declares by 11 Joint Resolution the reason for the lesser amounts. 12 (c) This Section may be cited as the Responsible 13 Education Funding Law. 14 (Source: P.A. 88-660, eff. 9-16-94.) 15 (20 ILCS 110/Art. 110 heading new) 16 ARTICLE 110. DEPARTMENT ON AGING 17 (20 ILCS 110/110-1 new) 18 Sec. 110-1. Article short title. This Article 110 of the 19 Civil Administrative Code of Illinois may be cited as the 20 Department on Aging Law. 21 (20 ILCS 110/110-5 new) 22 (was 20 ILCS 110/69) (from Ch. 127, par. 63b15) 23 Sec. 110-5.69. TheDepartment on Aging; powers. The 24 Department on Aging shall exercise, administer, and enforce 25 all rights, powers, and duties vested in the Department on 26 Aging by the"Illinois Act on the Aging", enacted by the27Seventy-eighth General Assembly as amended. 28 (Source: P.A. 78-242.) 29 (20 ILCS 205/Art. 205 heading new) 30 ARTICLE 205. DEPARTMENT OF AGRICULTURE HB0236 Engrossed -63- LRB9100031DJcdA 1 (20 ILCS 205/205-1 new) 2 Sec. 205-1. Article short title. This Article 205 of the 3 Civil Administrative Code of Illinois may be cited as the 4 Department of Agriculture Law. 5 (20 ILCS 205/205-5 new) 6 Sec. 205-5. Definition. In this Law, "Department" means 7 the Department of Agriculture. 8 (20 ILCS 205/205-10 new) 9 (was 20 ILCS 205/40) (from Ch. 127, par. 40) 10 Sec. 205-10. Powers, generally.40.The Departmentof11Agriculturehas the powers enumerated in the following 12 Sections40.1 through 40.45. 13 (Source: P.A. 86-610; 86-1028; 87-121; 87-152; 87-895.) 14 (20 ILCS 205/205-15 new) 15 (was 20 ILCS 205/40.7 and 205/40.8) (from Ch. 127, pars. 16 40.7 and 40.8) 17 Sec. 205-15.40.7.Promotional activities. 18 (a) The Department has the power to encourage and 19 promote, in every practicable manner, the interests of 20 agriculture, including horticulture, the livestock industry, 21 dairying, cheese making, poultry, bee keeping, forestry, the 22 production of wool, and all other allied industries. In 23 furtherance of the duties set forth in this subsection (a) 24Section, the Department may establish trust funds and bank 25 accounts in adequately protected financial institutions to 26 receive and disburse monies in connection with the conduct of 27 food shows, food expositions, trade shows, and other 28 promotional activities,and to sell at cost, to qualified 29 applicants, signs designating farms that, whichhave been 30 owned for 100 years or more by lineal or collateral 31 descendants of the same family,as "Centennial Farms". The HB0236 Engrossed -64- LRB9100031DJcdA 1 Department shall provide applications for thesuchsigns, 2 which shall be submitted with the required fee. "Centennial 3 Farms" signs shall not contain within their design,the name, 4 picture, or other likeness of any elected public official or 5 any appointed public official. 6 (b) The Department has the powerSec. 40.8.to promote 7 improved methods of conducting thetheseseveral industries 8 described in subsection (a) with a view to increasing the 9 production and facilitatingfacilitatethe distribution 10 thereof at the least cost. 11 (Source: Laws 1967, p. 4087; P.A. 90-598, eff. 1-1-99.) 12 (20 ILCS 205/205-20 new) 13 (was 20 ILCS 205/40.7a) 14 Sec. 205-20.40.7a.State Fair promotion. The Department 15 has the power to encourage and promote agriculture and 16 related industries and activities associated with the 17 Illinois State Fair. The Department may establish State Fair 18 and treasury held funds to receive and disburse moneys in 19 connection with the conduct and promotion of activities held 20 at the Illinois State Fair. 21 (Source: P.A. 88-5.) 22 (20 ILCS 205/205-25 new) 23 (was 20 ILCS 205/40.14) (from Ch. 127, par. 40.14) 24 Sec. 205-25. Institutes, societies, fairs, and exhibits. 25 The Department has the power40.14.to assist, encourage, and 26 promote the organization of farmers' institutes, 27 horticultural and agricultural societies, the holding of 28 fairs, fat stock shows, or other exhibits of the products of 29 agriculture, and the breeding and racing of Illinois 30 conceived and foaled horses. 31 (Source: P.A. 84-295.) HB0236 Engrossed -65- LRB9100031DJcdA 1 (20 ILCS 205/205-27 new) 2 (was 20 ILCS 205/40.7b) 3 Sec. 205-27.40.7b.Livestock show promotion grants. 4 The Department has the power to develop and implement a 5 program of grants to promote National Junior Livestock 6 Association production livestock shows that have been 7 approved by the Department and are scheduled to be held at 8 the Illinois State Fair or the DuQuoin State Fair. Grant 9 applicants must be nonprofit organizations that organize or 10 sponsor the shows and must submit information requested by 11 the Department to verify their nonprofit nature and financial 12 condition. 13 Criteria for awarding grants shall include, but need not 14 be limited to, the following: (i) the length of the show; 15 (ii) the estimated proceeds of the show; (iii) the number of 16 entries in the show; and (iv) the economic impact of the show 17 upon the State. 18 Grants shall be awarded from funds appropriated for this 19 purpose to a maximum of $100,000 per fiscal year. Any number 20 of grants may be awarded, but no single grant may exceed 21 $25,000 and no more than one grant may be awarded for the 22 promotion of one show. 23 (Source: P.A. 90-641, eff. 1-1-99.) 24 (20 ILCS 205/205-30 new) 25 (was 20 ILCS 205/40.9) (from Ch. 127, par. 40.9) 26 Sec. 205-30. Production and marketing statistics. The 27 Department has the power40.9.to collect and publish 28 statistics relating to crop production and marketing and to,29 the production of and marketing of beef, pork, poultry, 30 mutton, wool, butter, cheese, and other agricultural products 31 so far as thatsuchstatistical information may be of value 32 to the agricultural and allied interests of the State. 33 (Source: Laws 1967, p. 4087.) HB0236 Engrossed -66- LRB9100031DJcdA 1 (20 ILCS 205/205-35 new) 2 (was 20 ILCS 205/40.10) (from Ch. 127, par. 40.10) 3 Sec. 205-35. Market news and bulletins. The Department 4 has the power40.10.to collect, analyze, and publish market 5 news and to establishsuchfacilities and publishsuch6 bulletins and news reports thatasmay be necessary and 7 proper in order to keep producers and handlers informed 8 concerning supply, demand, and other economic conditions 9 affecting and related to the sale of livestock and other 10 agricultural products produced in the State of Illinois. 11 (Source: P.A. 84-295.) 12 (20 ILCS 205/205-40 new) 13 (was 20 ILCS 205/40.31) (from Ch. 127, par. 40.31) 14 Sec. 205-40. Export consulting service and standards. 1540.31.The Department,of Agriculturein cooperation with the 16 Department of Commerce and Community Affairs and the 17 Agricultural Export Advisory Committee, shall (1) provide a 18 consulting service to those who desire to export farm 19 products, commodities, and supplies,and guide them in their 20 efforts to improve trade relations; (2) cooperate with 21 agencies and instrumentalities of the federal government to 22 develop export grade standards for farm products, commodities 23 , and supplies produced in Illinois andshalladopt 24 reasonable rules and regulations to ensureinsurethat 25 exports of thosesuchproducts, commodities, and supplies,26 comply with thosesuchstandards; (3) upon request and after 27 inspection of any such farm product, commodity, or supplies, 28 certify compliance or noncompliance with thosesuch29 standards; (4) provide an informational program to existing 30 and potential foreign importers of farm products, commodities 31 , and supplies; (5) qualify for U. S. Department of 32 Agriculture matching funds for overseas promotion of farm 33 products, commodities, and supplies according to the federal HB0236 Engrossed -67- LRB9100031DJcdA 1 requirements regarding State expenditures that are eligible 2 for matching funds; and (6) provide a consulting service to 3 persons who desire to export processed or value-added 4 agricultural products,and assist thosesuchpersons in 5 ascertaining legal and regulatory restrictions and market 6 preferences thatwhichaffect the sale of value-added 7 agricultural products in foreign markets. 8 (Source: P.A. 83-445.) 9 (20 ILCS 205/205-45 new) 10 (was 20 ILCS 205/40.36) (from Ch. 127, par. 40.36) 11 Sec. 205-45. "Illinois Product" label program. The 12 Department has the power40.36.to administer the "Illinois 13 Product" label program, whereby a label with the words 14 "Illinois Product" on it may be placed on food and 15 agribusiness commodities produced, processed, or packaged in 16 Illinois. 17 (Source: P.A. 90-385, eff. 8-15-97; 90-403, eff. 8-15-97.) 18 (20 ILCS 205/205-50 new) 19 (was 20 ILCS 205/40.40) (from Ch. 127, par. 40.40) 20 Sec. 205-50. Ginseng marketing program. The Department 21 has the power40.40.to develop a ginseng marketing program 22 for domestic and international markets. 23 (Source: P.A. 87-121.) 24 (20 ILCS 205/205-55 new) 25 (was 20 ILCS 205/40.27) (from Ch. 127, par. 40.27) 26 Sec. 205-55. Gasohol and other alcohol fuels promotion. 27 The Department has the power40.27.to promote the use of 28 gasohol and other alcohol fuels and to promote the 29 utilization of agricultural crops for the production of 30 alcohol fuels, particularly the use of by-products of such 31 crops without diminishing the primary utilization of such HB0236 Engrossed -68- LRB9100031DJcdA 1 crops. 2 (Source: P.A. 83-439.) 3 (20 ILCS 205/205-60 new) 4 (was 20 ILCS 205/40.35) (from Ch. 127, par. 40.35) 5 Sec. 205-60.40.35.Aquaculture. The Department has the 6 power to develop and implement a program to promote 7 aquaculture in this State pursuant to the Aquaculture 8 Development Act, to promulgate the necessary rules and 9 regulations, and to cooperate with and seek the assistance of 10 the Department of Natural Resources and the Department of 11 Transportation in the implementation and enforcement of that 12 Act. 13 (Source: P.A. 89-445, eff. 2-7-96.) 14 (20 ILCS 205/205-100 new) 15 (was 20 ILCS 205/40.11) (from Ch. 127, par. 40.11) 16 Sec. 205-100. Trees and shrubs; insect pests and plant 17 diseases. The Department has the power40.11.to encourage 18 the planting of trees and shrubs and the improvement of farm 19 homes generally and;to provide for the suppression and 20 control of insect pests and plant diseases. 21 (Source: P.A. 84-295.) 22 (20 ILCS 205/205-105 new) 23 (was 20 ILCS 205/40.24) (from Ch. 127, par. 40.24) 24 Sec. 205-105. County soil surveys.40.24.The Department 25of Agricultureshall provide funds sufficient to pay 25% of 26 the cost of conducting county soil surveys conducted pursuant 27 to Part 611 of Subchapter B, Chapter VI, Title 7 of the Code 28 of Federal Regulations. 29 (Source: P.A. 81-1360.) 30 (20 ILCS 205/205-110 new) HB0236 Engrossed -69- LRB9100031DJcdA 1 (was 20 ILCS 205/40.28) (from Ch. 127, par. 40.28) 2 Sec. 205-110. Forestry management; farmland preservation. 3 The Department has the power40.28.to provide information 4 and assistance to farmland owners in this State regarding the 5 economic and soil and water conservation benefits that can be 6 attained through forestry management on marginal lands and;7 to promote farmland preservation. 8 (Source: P.A. 84-295.) 9 (20 ILCS 205/205-115 new) 10 (was 20 ILCS 205/40.38) (from Ch. 127, par. 40.38) 11 Sec. 205-115. Revegetation of post-mining land. The 12 Department has the power:40.38.to develop data used in the 13 Agricultural Lands Productivity Formula that is used in 14 determining the success of revegetation of post-mining land 15 for row-crop agricultural purposes in accordance with the 16 Surface Coal Mining Land Conservation and Reclamation Act; to 17 cooperate with the Department of Natural Resources in 18 determining the success of thesuchcropland revegetation 19 under the Surface Coal Mining Land Conservation and 20 Reclamation Act; and to publish annually a Soil Master and 21 County Cropped Acreage Manual, which is data derived from and 22 used in the formula. The, but suchmanual is exempt from the 23 rule-making requirements of the Illinois Administrative 24 Procedure Act. 25 (Source: P.A. 89-445, eff. 2-7-96.) 26 (20 ILCS 205/205-200 new) 27 (was 20 ILCS 205/40.16) (from Ch. 127, par. 40.16) 28 Sec. 205-200. Animal welfare. The Department has the 29 power40.16.to execute and administer acts and rules 30 relating to animal welfare. 31 (Source: P.A. 84-295.) HB0236 Engrossed -70- LRB9100031DJcdA 1 (20 ILCS 205/205-205 new) 2 (was 20 ILCS 205/40.13) (from Ch. 127, par. 40.13) 3 Sec. 205-205. Contagious and infectious diseases among 4 domestic animals. The Department has the power40.13.to 5 inquire into the causes of contagious, infectious, and 6 communicable diseases among domestic animals,and the means 7 for the prevention and cure of thosesuchdiseases. 8 (Source: Laws 1967, p. 4087.) 9 (20 ILCS 205/205-300 new) 10 (was 20 ILCS 205/40.4) (from Ch. 127, par. 40.4) 11 Sec. 205-300. Inspection of apiaries. The Department has 12 the power40.4.to exercise the rights, powers, and duties 13 vested by law in the State inspector of apiaries and the 14 inspector's, hisassistants and employees. 15 (Source: Laws 1967, p. 4087.) 16 (20 ILCS 205/205-305 new) 17 (was 20 ILCS 205/40.12) (from Ch. 127, par. 40.12) 18 Sec. 205-305. Veterinary biologics. The Department has 19 the power40.12.to approve the use of licensed veterinary 20 biologics in the State and approve field trials of veterinary 21 biologics in accordance with the standards provided for in 22 the Code of Federal Regulations, Title 9, Subpart E. 23 (Source: P.A. 88-91; 88-457.) 24 (20 ILCS 205/205-310 new) 25 (was 20 ILCS 205/40.33) (from Ch. 127, par. 40.33) 26 Sec. 205-310. Laboratory services. The Department has the 27 power40.33.to provide laboratory services for the diagnosis 28 of animal diseases and,for the analysis of feeds, 29 fertilizers, seeds, and pesticides,and to perform related 30 laboratory services. 31 (Source: P.A. 84-295.) HB0236 Engrossed -71- LRB9100031DJcdA 1 (20 ILCS 205/205-315 new) 2 (was 20 ILCS 205/40.17) (from Ch. 127, par. 40.17) 3 Sec. 205-315. Warehouses; buying and selling grain. The 4 Department has the power40.17.to exercise the rights, 5 powers, and duties vested by law in the Department in 6 regulating grain warehouses, personal property warehouses, 7 and persons engaged in the business of buying and selling 8 grain. 9 (Source: P.A. 84-295.) 10 (20 ILCS 205/205-320 new) 11 (was 20 ILCS 205/40.18) (from Ch. 127, par. 40.18) 12 Sec. 205-320. Weights and measures. The Department has 13 the power40.18.to execute and administer all laws and 14 regulations,now or hereafter enacted,relating to weights 15 and measures. 16 (Source: Laws 1967, p. 4087.) 17 (20 ILCS 205/205-325 new) 18 (was 20 ILCS 205/40.19) (from Ch. 127, par. 40.19) 19 Sec. 205-325. Commodities; standards and quality. The 20 Department has the power40.19.to execute and administer all 21 laws and regulations,now or hereafter enacted,relating to 22 standards and quality of and for commodities. 23 (Source: Laws 1967, p. 4087.) 24 (20 ILCS 205/205-330 new) 25 (was 20 ILCS 205/40.32) (from Ch. 127, par. 40.32) 26 Sec. 205-330. Meat and poultry. The Department has the 27 power40.32.to execute and administer the laws and rules 28 pertaining to the slaughter, processing, and sale of meat and 29 poultry and products thereof. 30 (Source: P.A. 84-295.) HB0236 Engrossed -72- LRB9100031DJcdA 1 (20 ILCS 205/205-335 new) 2 (was 20 ILCS 205/40.21) (from Ch. 127, par. 40.21) 3 Sec. 205-335. Pesticides. The Department has the power 440.21.to execute and administer laws and regulations 5 relating to the distribution, sale, use, and registration of 6 pesticides and the regulation and certification of persons 7 applying pesticides and pesticide dealers. The Department 8 also has the power; andto promote the proper handling and 9 use of pesticide containers through the operation of 10 pesticide container recycling programs and to make business 11 development loans from moneys granted to the Department by 12 the United States Department of Agriculture for those 13 purposes, subject to terms and conditions the Department 14 deems necessary to ensure repayment of the loans. 15 (Source: P.A. 89-463, eff. 5-31-96.) 16 (20 ILCS 205/205-340 new) 17 (was 20 ILCS 205/40.39) (from Ch. 127, par. 40.39) 18 Sec. 205-340. Pesticide contamination at agrichemical 19 facilities.40.39.In accordance with constitutional 20 limitations,and to the extent necessary to carry out the 21 Department's powers and duties under paragraph 8 of Section 22 19 of the Illinois PesticideControlAct, the Department has 23 the power to enter at all reasonable times upon any private 24 or public property. 25 (Source: P.A. 86-1172.) 26 (20 ILCS 205/205-345 new) 27 (was 20 ILCS 205/40.6) (from Ch. 127, par. 40.6) 28 Sec. 205-345. Fertilizers. The Department has the power 2940.6.to execute and administer the Acts and rules regulating 30 the manufacture, sale, and distribution of fertilizers. 31 (Source: P.A. 84-295.) HB0236 Engrossed -73- LRB9100031DJcdA 1 (20 ILCS 205/205-350 new) 2 (was 20 ILCS 205/40.25) (from Ch. 127, par. 40.25) 3 Sec. 205-350. Fuel sold as gasohol; penalty. The 4 Department has the power40.25.to test fuel thatwhichis 5 sold as gasohol,or is claimed to be gasohol under the Use 6 Tax Act, the Service Occupation Tax Act, or the Retailers' 7 Occupation Tax Act in order,to determine whether the fuel 8 contains at least 10% alcohol. 9 Any person who knowingly sells or represents as gasohol 10 any fuel thatwhichdoes not qualify as gasohol under any of 11 the above named Acts is guilty of a business offense and 12 shall be fined not more than $100 for each day that thesuch13 sale or representation takes place after notification from 14 the Department that the fuel in question does not qualify as 15 gasohol. 16 (Source: P.A. 82-702.) 17 (20 ILCS 205/205-355 new) 18 (was 20 ILCS 205/40.26) (from Ch. 127, par. 40.26) 19 Sec. 205-355. Motor fuel alcohol; water test. The 20 Department has the power40.26.to test alcohol to be used as 21 a motor fuel component to ensure thatinsureit contains no 22 more than 1.25% water by weight. 23 (Source: P.A. 82-702.) 24 (20 ILCS 205/205-400 new) 25 (was 20 ILCS 205/40.20) (from Ch. 127, par. 40.20) 26 Sec. 205-400. Transfer of realty; acquisition of federal 27 lands. The Department has the power40.20.to transfer 28 jurisdiction of any realty under the control of the 29 Department to any other department of the State government,30 or to acquire or accept federal lands,when thesuch31 transfer, acquisition, or acceptance is advantageous to the 32 State and is approved in writing by the Governor. HB0236 Engrossed -74- LRB9100031DJcdA 1 (Source: Laws 1967, p. 4087.) 2 (20 ILCS 205/205-405 new) 3 (was 20 ILCS 205/40.22) (from Ch. 127, par. 40.22) 4 Sec. 205-405. State Fairgrounds property. The Department 5 has the power40.22.to be the custodian of buildings, 6 structures, and property located on the State Fairgrounds,7 and to maintain those buildings and structures and that 8 propertythe same. 9 (Source: P.A. 81-853.) 10 (20 ILCS 205/205-410 new) 11 (was 20 ILCS 205/40.23) (from Ch. 127, par. 40.23) 12 Sec. 205-410. Surety bonds; trust funds and accounts; 13 bank accounts. 14 (a) In this Section: 15 "Claimant" means a person who is unable to secure 16 satisfaction of financial obligations due from a person 17 subject to regulation by the Department, in accordance with 18 the applicable statute or regulation and the time limits 19 provided for in that statute or regulation, if any, under any 20 of the following Acts: 21 (1) The Illinois Egg and Egg Products Act. 22 (2) The Personal Property Storage Act. 23 (3) The Livestock Auction Market Law. 24 (4) The Illinois Pesticide Act. 25 (5) The Weights and Measures Act. 26 (6) The Illinois Livestock Dealer Licensing Act. 27 (7) The Slaughter Livestock Buyers Act. 28 (8) The Illinois Feeder Swine Dealer Licensing Act. 29 "Failure" under the Acts cited in the definition of 30 "claimant" contained in this Section means any of the 31 following: 32 (1) An inability to financially satisfy claimants HB0236 Engrossed -75- LRB9100031DJcdA 1 in accordance with the applicable statute or regulation 2 and the time limits provided for in that statute or 3 regulation, if any. 4 (2) A public declaration of insolvency. 5 (3) A revocation of a license and the leaving of an 6 outstanding indebtedness to claimants. 7 (4) A failure to pay claimants in the ordinary 8 course of business and when a bonafide dispute does not 9 exist between the licensee and the customer. 10 (5) A failure to apply for renewal of a license. 11 (6) A denial of a request for renewal of a license. 12 (7) A voluntary surrendering of a license. 13 (b) The Department has the power40.23.to control 14 surety bonds and trust funds and to establish trust accounts 15 and bank accounts in adequately protected financial 16 institutions, to hold monies received by the Director of 17 Agriculture when acting as trustee, to protect the assets of 18 licensees for the benefit of claimants, to accept security 19 from licensees to collateralize licensees' financial 20 deficiencies (and thatsuchsecurity shall be secondary to 21 surety bonds in the collection process), to accept collateral 22 and security in lieu of or in addition to a commercial surety 23 bond, and to collect and disburse the proceeds of thosesuch24 bonds and trust funds when acting as trustee on behalf of 25 claimants without responsibility for the management and 26 operation of discontinued or insolvent businesses, thosesuch27funds, or additions to those fundstheretoin which the 28 State of Illinois has no right, title, or interest. 29 (c) The Department shall promulgate and file procedural 30 rules and regulations to be followed concerning the 31 establishment and segregation of trust accounts and bank 32 accounts and the holding of administrative hearings to 33 identify and verify claimants and claim amounts, to claim and 34 collect the proceeds of surety bonds and other assets, and to HB0236 Engrossed -76- LRB9100031DJcdA 1 distribute monies in trust funds and bank accounts to 2 claimants. The trustee shall maintain and retain records and 3 make available for audit or review by any person, firm, 4 corporation, or government entity thesuchtrust accounts and 5 bank accounts, check registers, cancelled claimants' checks, 6 and records accumulated and used by the Department to 7 ascertain the claimants and claims against surety bonds or 8 trust funds. 9Definitions of terms as used in this Section:10"Claimant" means a person who is unable to secure11satisfaction of financial obligations due from a person12subject to regulation by the Department, in accordance with13applicable statute or regulation and the time limits provided14for therein, if any, under any of the following Acts:15(a) Illinois Egg and Egg Products Act;16(b) Personal Property Storage Act;17(c) (Blank);18(d) Livestock Auction Market Law;19(e) Illinois Pesticide Act;20(f) Weights and Measures Act;21(g) Illinois Livestock Dealer Licensing Act;22(h) Slaughter Livestock Buyers Act;23(i) (Blank); or24(j) Illinois Feeder Swine Dealer Licensing Act.25"Failure" under the Acts cited in the definition of26"claimant" contained in this Section means:27(a) An inability to financially satisfy claimants in28accordance with applicable statute or regulation and the time29limits provided for therein, if any;30(b) A public declaration of insolvency;31(c) A revocation of license and leaving outstanding32indebtedness to claimants;33(d) A failure to pay claimants in the ordinary course of34business and where a bonafide dispute does not exist betweenHB0236 Engrossed -77- LRB9100031DJcdA 1and customer;2(e) A failure to apply for license renewal;3(f) A denial of license renewal; or4(g) A voluntary surrendering of a license.5 (d) The Department may use monies in the trust accounts 6 that are established to hold monies received in trust for 7 disbursement to claimants for the benefit of claimants and 8 for paying expenses incurred in pursuing thosesuchassets. 9 (Source: P.A. 89-287, eff. 1-1-96.) 10 (20 ILCS 205/205-415 new) 11 (was 20 ILCS 205/40.42) 12 Sec. 205-415.40.42.State Cooperative Extension Service 13 Trust Fund. The Departmentof Agricultureshall deposit into 14 the State Cooperative Extension Service Trust Fund, a trust 15 fund created outside the State treasury and held by the State 16 Treasurer as custodian, all funds appropriated to the 17 Department as matching funds and for the purpose of general 18 support for cooperative extension programs as provided in the 19 County Cooperative Extension Law. At the direction of the 20 Treasurer of the University of Illinois, the Director of 21 Agriculture shall direct the State Treasurer and the State 22 Comptroller to transfer the trust funds to the University of 23 Illinois as provided under subsection (d) of Section 88(d)24 of the County Cooperative Extension Law. The Department 25 shall not have responsibility for or control over the 26 cooperative extension service or its programs because of this 27 trust fund. 28 (Source: P.A. 89-691, eff. 12-31-96; 90-591, eff. 7-1-98.) 29 (20 ILCS 205/205-420 new) 30 (was 20 ILCS 205/40.15) (from Ch. 127, par. 40.15) 31 Sec. 205-420. Appropriations for county fairs and 32 farmers' institutes. The Department has the power40.15.to HB0236 Engrossed -78- LRB9100031DJcdA 1 investigate and ascertain that moneys appropriated for county 2 fairs and farmers' institutes are faithfully applied to the 3 purposes authorized by law. 4 (Source: Laws 1967, p. 4087.) 5 (20 ILCS 205/205-425 new) 6 (was 20 ILCS 205/40.37) (from Ch. 127, par. 40.37) 7 Sec. 205-425. Criminal history record information from 8 Department of State Police.40.37.Whenever the Departmentof9Agricultureis authorized or required by law to consider some 10 aspect of criminal history record information for the purpose 11 of carrying out its statutory powers and responsibilities, 12 then, upon request and payment of fees in conformance with 13 the requirements ofsubsection 22 ofSection 2605-40055aof 14"the Department of State Police Law (20 ILCS 2605/2605-400) 15Civil Administrative Code of Illinois", the Department of 16 State Police is authorized to furnish, pursuant to positive 17 identification, thesuchinformation contained in State files 18 thatasis necessary to fulfill the request. 19 (Source: P.A. 86-610.) 20 (20 ILCS 205/205-430 new) 21 (was 20 ILCS 205/40.34) (from Ch. 127, par. 40.34) 22 Sec. 205-430. Cooperation with U.S. Department of 23 Agriculture. The Department has the power40.34.to cooperate 24 with and enter into agreements with the United States 25 Department of Agriculture and with others in carrying out the 26 powers and duties vested in the Department and to adopt 27 guidelines, by reference, issued by federal agencies in 28 carrying out its powers and duties. 29 (Source: P.A. 84-295.) 30 (5 ILCS 620/Art. 250 heading new) 31 ARTICLE 250. STATE FAIR GROUNDS HB0236 Engrossed -79- LRB9100031DJcdA 1 (5 ILCS 620/250-1 new) 2 Sec. 250-1. Article short title. This Article 250 of the 3 Civil Administrative Code of Illinois may be cited as the 4 State Fair Grounds Title Law. 5 (5 ILCS 620/250-5 new) 6 (was 5 ILCS 620/42) (from Ch. 127, par. 42) 7 Sec. 250-5. Title to State fair grounds.42.The people 8 of the State of Illinois shall succeed to all the right, 9 title, and interest of the Illinois Department of Agriculture 10 in and to the State fair grounds,and to all lands, 11 buildings, money, unexpended appropriations, or other 12 property connected therewith. 13 (Source: P.A. 90-192, eff. 7-24-97.) 14 (20 ILCS 310/Art. 310 heading new) 15 ARTICLE 310. DEPARTMENT OF HUMAN SERVICES AS SUCCESSOR TO 16 DEPARTMENT OF ALCOHOLISM AND SUBSTANCE ABUSE 17 (20 ILCS 310/310-1 new) 18 Sec. 310-1. Article short title. This Article 310 of 19 the Civil Administrative Code of Illinois may be cited as the 20 Department of Human Services (Alcoholism and Substance Abuse) 21 Law. 22 (20 ILCS 310/310-5 new) 23 (was 20 ILCS 5/9.29) (from Ch. 127, par. 9.29) 24 Sec. 310-5. Powers under certain Acts.9.29.The 25 Department of Human Services, as successor to the Department 26 of Alcoholism and Substance Abuse, shall exercise, 27 administer, and enforce all rights, powers, and duties 28 formerly vested in the Department of Mental Health and 29 Developmental Disabilities by the following named Acts or 30 Sections of those Acts as they pertain to the provision of HB0236 Engrossed -80- LRB9100031DJcdA 1 alcoholism servicesserviceand the Dangerous Drugs 2 Commissionby the following named Acts or Sections thereof: 3 (1)1.The"Cannabis Control Act", approved August416, 1971, as amended. 5 (2)2.The"Illinois Controlled Substances Act",6approved August 16, 1971, as amended. 7 (3)3.The"Community Mental Health Act", approved8June 26, 1963, as amended. 9 (4)4.The"Community Services Act", approved10August 13, 1981, as amended. 11 (Source: P.A. 89-507, eff. 7-1-97.) 12 (20 ILCS 405/Art. 405 heading new) 13 ARTICLE 405. DEPARTMENT OF CENTRAL MANAGEMENT SERVICES 14 (20 ILCS 405/405-1 new) 15 Sec. 405-1. Article short title. This Article 405 of 16 the Civil Administrative Code of Illinois may be cited as the 17 Department of Central Management Services Law. 18 (20 ILCS 405/405-5 new) 19 (was 20 ILCS 405/405.2) (from Ch. 127, par. 35.2) 20 Sec. 405-5. Definitions. 21 (a) In this Law35.2. As used in sections 35.3 through2235.9 of this Act: 23(a)"Department" means the Department of Central 24 Management Services. 25(b)"Director" means the Director of Central Management 26 Services. 27 (b) In paragraphs (1) and (2) of Section 405-10 and in 28 Section 405-15,(c)"State agency", whether used in the 29 singular or plural, means all departments, officers, 30 commissions, boards, institutions, and bodies politic and 31 corporate of the State, including the offices of clerk of the HB0236 Engrossed -81- LRB9100031DJcdA 1 supreme court and clerks of the appellate courts. The term 2 does; except, it shallnot mean the several courts of the 3 State, nor does it mean the legislature or,its committees or 4 commissions. 5 (Source: P.A. 82-789.) 6 (20 ILCS 405/405-10 new) 7 (was 20 ILCS 405/35.3) (from Ch. 127, par. 35.3) 8 Sec. 405-10. Director's duties; State policy.35.3.It 9 shall be the duty of the Director and the policy of the State 10 of Illinois to do the following: 11 (1)(a)Place financial responsibility on State 12 agencies (as defined in subsection (b) of Section 405-5) 13 andtohold them accountable for the proper discharge of 14 this responsibility. 15 (2)(b)Require professional, accurate, and current 16 accounting with the State agencies (as defined in 17 subsection (b) of Section 405-5). 18 (3)(c)Decentralize fiscal, procedural, and 19 administrative operations to expedite the business of the 20 State and to avoid expense, unwieldiness, inefficiency, 21 and unnecessary duplication where decentralization is 22 consistent with proper fiscal management. 23 (4)(d)Manage or delegate the management of the 24 procurement, retention, installation, maintenance, and 25 operation of all electronic data processing equipment 26 used by State agencies as defined in Section 405-2035.727of this Act, so as to achieve maximum economy consistent 28 with development of adequate and timely information in a 29 form suitable for management analysis, in a manner that 30 provides for adequate security protection and back-up 31 facilities for thatsuchequipment, the establishment of 32 bonding requirements, and a code of conduct for all 33 electronic data processing personnel to ensureinsurethe HB0236 Engrossed -82- LRB9100031DJcdA 1 privacy of electronic data processing information as 2 provided by law. 3 (Source: P.A. 80-57.) 4 (20 ILCS 405/405-15 new) 5 (was 20 ILCS 405/35.4) (from Ch. 127, par. 35.4) 6 Sec. 405-15. Audits.35.4.The Department, when so 7 requested by the Governor or the chief executive officer of a 8 State agency, may perform internal audits, and procedural 9 audits and in performing these responsibilities, the 10 Department may examine the accounts of any organization, body 11 , or agency receiving appropriations from the General 12 Assembly, including all grantees and sub-grantees of grantor 13 State agencies included within the scope of the audit. For 14 purposes of this Section, "State agency" is defined as in 15 subsection (b) of Section 405-5. 16 (Source: P.A. 87-817.) 17 (20 ILCS 405/405-20 new) 18 (was 20 ILCS 405/35.7) (from Ch. 127, par. 35.7) 19 Sec. 405-20. Fiscal policy information to Governor; 20 statistical research planning.35.7.21 (a) The Department shall be responsible for providing 22 the Governor with timely, comprehensive, and meaningful 23 information pertinent to the formulation and execution of 24 fiscal policy. In performing this responsibility the 25 Department shall have the power and duty to do the following: 26 (1)(a)Control the procurement, retention, 27 installation, maintenance, and operation, as specified by 28 the Director, of electronic data processing equipment 29 used by State agencies in such a manner as to achieve 30 maximum economy and provide adequate assistance in the 31 development of information suitable for management 32 analysis.;HB0236 Engrossed -83- LRB9100031DJcdA 1 (2)(b)Establish principles and standards of 2 statistical reporting by State agencies and priorities 3 for completion of research by thosesuchagencies in 4 accordance with the requirements for management analysis 5 as specified by the Director.;6 (3)(c)Establish, through the Director, charges 7 for statistical services requested by State agencies and 8 rendered by the Departmentof Central Management Services9. TheSuchState agencies so charged shall reimburse the 10 Departmentof Central Management Servicesby vouchers 11 drawn against their respective appropriations for 12 electronic data processing. The Department is likewise 13 empowered through the Director to establish prices or 14 charges for all statistical reports purchased by agencies 15 and individuals not connected with State government.;16 (4)(d)Instruct all State agencies as the Director 17 may require to report regularly to the Department, in the 18suchmannerasthe Director may prescribe,:their usage 19 of electronic information devices, the cost incurred, the 20 information produced, and the procedures followed in 21 obtaining thesaidinformation. All Statesuchagencies 22 shall request of the Directorof Central Management23Servicesany statistical services requiring the use of 24 electronic devices and shall conform to the priorities 25 assigned by the Director in using thosesuchelectronic 26 devices.;27 (5)(e)Examine the accounts and statistical data 28 of any organization, body, or agency receiving 29 appropriations from the General Assembly.;30 (6)(f)Install and operate a modern information 31 system utilizing equipment adequate to satisfy the 32 requirements for analysis and review as specified by the 33 Director. Expenditures for statistical services rendered 34 shall be reimbursed by the recipients. TheSuchHB0236 Engrossed -84- LRB9100031DJcdA 1 reimbursement shall be determined by the Directorof2Central Management Servicesas amounts sufficient to 3 reimburse the Statistical Services Revolving Fund for 4 expenditures incurred in rendering thesuchservices. 5 (b) In addition to the other powers and duties listed in 6 this Section, the Department shall analyze the present and 7 future aims, needs, and requirements of statistical research 8 and planning in order,to provide for the formulation of 9 overall policy relative to the use of electronic data 10 processing equipment by the State of Illinois. In making this 11 analysis, the Department under the Director shall formulate a 12 master plan for statistical research, utilizing electronic 13 equipment most advantageously, and advising whether 14 electronic data processing equipment should be leased or 15 purchased by the State. The Department under the Director 16 shall prepare and submit interim reports of meaningful 17 developments and proposals for legislation to the Governor on 18 or before January 30 each year. The Department under the 19 Director shall engage in a continuing analysis and evaluation 20 of the master plan so developed, and it shall be the 21 responsibility of the Department to recommend from time to 22 time any needed amendments and modifications of any master 23 plan enacted by the General Assembly. 24 (c) For the purposes of this Section, Section 405-245, 25 and paragraph (4) of Section 405-10 only, "State agencies" 26 means all departments, boards, commissions, and agencies of 27 the State of Illinois subject to the Governor. 28 (Source: P.A. 82-789.) 29 (20 ILCS 405/405-25 new) 30 (was 20 ILCS 405/67.34) (from Ch. 127, par. 63b13.34) 31 Sec. 405-25. Moneys made available by public or private 32 entities.67.34.The Department may apply for, receive, 33 expend, allocate, or disburse funds and moneys made available HB0236 Engrossed -85- LRB9100031DJcdA 1 by public or private entities, including, but not limited to, 2 contracts, private or public financial gifts, bequests, 3 grants, or donations from individuals, corporations, 4 foundations, or public or private institutions of higher 5 learning. All funds received by the Department from these 6 sources shall be deposited into the State treasury into a 7 State trust fund to be held by the State Treasurer as ex 8 officio custodian and subject to the Comptroller -- 9 Treasurer, voucher -- warrant system. The funds shall be 10 expended by the Department for purposes as indicated by the 11 grantor, donor, or, in the case of funds or moneys given or 12 donated for no specific purpose, for any purpose deemed 13 appropriate by the Director in administering the 14 responsibilities of the agency as set forth in the Personnel 15 Code. 16 (Source: P.A. 87-888.) 17 (20 ILCS 405/405-30 new) 18 (was 20 ILCS 405/67.20) (from Ch. 127, par. 63b13.20) 19 Sec. 405-30. Administrative Procedure Act applies. 2067.20.The provisions of"the Illinois Administrative 21 Procedure Act", as now or hereafter amended,are hereby 22 expressly adopted and incorporated herein as though a part of 23 this LawAct, and shall apply to all administrative rules and 24 procedures of the Departmentof Central Management Services. 25 (Source: P.A. 82-789.) 26 (20 ILCS 405/405-100 new) 27 (was 20 ILCS 405/64) (from Ch. 127, par. 63b3) 28 Sec. 405-100. Administration of the Personnel Code.64.29 The Departmentof Central Management Servicesshall have 30 power to administer the"Personnel Code" enacted by the 69th31General Assembly. 32 (Source: P.A. 82-789.) HB0236 Engrossed -86- LRB9100031DJcdA 1 (20 ILCS 405/405-105 new) 2 (was 20 ILCS 405/64.1) (from Ch. 127, par. 63b4) 3 Sec. 405-105. Fidelity, surety, property, and casualty 4 insurance.64.1.The Departmentof Central Management5Servicesshall establish and implement a program to 6 coordinate the handling of all fidelity, surety, property, 7 and casualty insurance exposures,of the State and the 8 departments, divisions, agencies, branches, and universities 9 of the State. In performing this responsibility, the 10 Department shall have the power and duty to do the following: 11 (1)(a)Develop and maintain loss and exposure data on 12 all State property. 13 (2)(b)Study the feasibility of establishing a 14 self-insurance plan for State property and prepare estimates 15 of the costs of reinsurance for risks beyond the realistic 16 limits of the self-insurance. 17 (3)(c)Prepare a plan for centralizing the purchase of 18 property and casualty insurance on State property under a 19 master policy or policies,andtopurchase the insurance 20 contracted for as provided in the Illinois Purchasing Act. 21 (4)(d)Evaluate existing provisions for fidelity bonds 22 required of State employees and recommendsuchchanges that 23asare appropriate commensurate with risk experience and the 24 determinations respecting self-insurance or reinsurance so as 25 to permit reduction of costs without loss of coverage. 26 (5)(e)Investigate procedures for inclusion of school 27 districts, public communityjuniorcollege districts, and 28 other units of local government in programs for the 29 centralized purchase of insurance. 30 (6)(f)Implementsuchrecommendations of the State 31 Property Insurance Study Commission thatasthe Department 32 finds necessary or desirable in the performance of its powers 33 and duties under this Section to achieve efficient and 34 comprehensive risk management. HB0236 Engrossed -87- LRB9100031DJcdA 1 (7)(g)Prepare and, in the discretion of the Director 2of Central Management Services, implement a plan providing 3 for the purchase of public liability insurance or for 4 self-insurance for public liability or for a combination of 5 purchased insurance and self-insurance for public liability 6 (i)(1)covering the State and drivers of motor vehicles 7 owned, leased, or controlled by the State of Illinois 8 pursuant to the provisions and limitations contained in the 9 Illinois Vehicle Code, (ii)(2)covering other public 10 liability exposures of the State and its employees within the 11 scope of their employment, and (iii)(3)covering drivers of 12 motor vehicles not owned, leased, or controlled by the State 13 but used by a State employee on State business, in excess of 14 liability covered by an insurance policy obtained by the 15 owner of the motor vehicle or in excess of thesuchdollar 16 amounts thatasthe Department shall determine to be 17 reasonable. Any contract of insurance let under this LawAct18shall be by bid in accordance with the procedure set forth 19 in the Illinois Purchasing Act. Any provisions for 20 self-insurance shall conform to subdivision (11)subsection21(k). 22 The term "employee" as used in this subdivision (7) and 23 in subdivision (11)subsections (g) and (k)means a person 24 while in the employ of the State who is a member of the staff 25 or personnel of a State agency, bureau, board, commission, 26 committee, department, university, or college or who is a 27 State officer, elected official, commissioner, member of or 28 ex officio member of a State agency, bureau, board, 29 commission, committee, department, university, or college, or 30 a member of the National Guard while on active duty pursuant 31 to orders of the Governor of the State of Illinois, or any 32 other person while using a licensed motor vehicle owned, 33 leased, or controlled by the State of Illinois with the 34 authorization of the State of Illinois, provided the actual HB0236 Engrossed -88- LRB9100031DJcdA 1 use of the motor vehiclethereofis within the scope of that 2suchauthorization and within the course of State service. 3 Subsequent to payment of a claim on behalf of an employee 4 pursuant to this Section and after reasonable advance written 5 notice to the employee, the Director may exclude the employee 6 from future coverage or limit thesuchcoverage under the 7 plan if (i)(1)the Director determines that the claim 8 resulted from an incident in which the employee was grossly 9 negligent or had engaged in willful and wanton misconduct;or 10 (ii)(2)the Director determines that the employee is no 11 longer an acceptable risk based on a review of prior 12 accidents in which the employee was at fault and for which 13 payments were made pursuant to this Section. 14 The Director is authorized to promulgatesuch15 administrative rules thatasmay be necessary to establish 16 and administer the plan. 17 Appropriations from the Road Fund shall be used to pay 18 auto liability claims and related expenses involving 19 employees of the Department of Transportation, the Illinois 20 State Police, and the Secretary of State. 21 (8)(h)Charge, collect, and receive from all other 22 agencies of the State government fees or monies equivalent to 23 the cost of purchasing the insurance. 24 (9)(i) (1)Establish, through the Director, charges for 25 risk management services rendered to State agencies by the 26 Departmentof Central Management Services. The State agencies 27 so charged shall reimburse the Departmentof Central28Management Servicesby vouchers drawn against their 29 respective appropriations. The reimbursement shall be 30 determined by the Directorof Central Management Servicesas 31 amounts sufficient to reimburse the Department for 32 expenditures incurred in rendering the service. 33(2)The Departmentof Central Management Servicesshall 34 charge the employing State agency or university for workers' HB0236 Engrossed -89- LRB9100031DJcdA 1 compensation payments for temporary total disability paid to 2 any employee after the employee has received temporary total 3 disability payments for 120 days if the employee's treating 4 physician has issued a release to return to work with 5 restrictions and the employee is able to perform modified 6 duty work but the employing State agency or university does 7 not return the employee to work at modified duty. Modified 8 duty shall be duties assigned that may or may not be 9 delineated as part of the duties regularly performed by the 10 employee. Modified duties shall be assigned within the 11 prescribed restrictions established by the treating physician 12 and the physician who performed the independent medical 13 examination. The amount of all reimbursements shall be 14 deposited into the Workers' Compensation Revolving Fund which 15 is hereby created as a special fund in the State treasury. 16 Moneys in the Fund shall be used, subject to appropriation, 17 to pay these or other temporary total disability claims of 18 employees of State agencies and universities. 19(3)Beginning with fiscal year 1996, all amounts 20 recovered by the Department through subrogation in workers' 21 compensation and workers' occupational disease cases shall be 22 deposited into the Workers' Compensation Revolving Fund 23 created under this subdivision (9)(i)(2). 24 (10)(j)Establish rules, procedures, and forms to be 25 used by State agencies in the administration and payment of 26 workers' compensation claims. The Department shall initially 27 evaluate and determine the compensability of any injury that 28whichis the subject of a workers' compensation claim and 29 provide for the administration and payment of such a claim 30 for all State agencies. The Director may delegate to any 31 agency with the agreement of the agency head the 32 responsibility for evaluation, administration, and payment of 33 that agency's claims. 34 (11)(k)Any plan for public liability self-insurance HB0236 Engrossed -90- LRB9100031DJcdA 1 implemented under this Section shall provide that (i)(1)the 2 Departmentof Central Management Servicesshall attempt to 3 settle and may settle any public liability claim filed 4 against the State of Illinois or any public liability claim 5 filed against a State employee on the basis of an occurrence 6 in the course of the employee'shisState employment; (ii) 7(2)any settlement of such a claim must be approved by the 8 Directorof Central Management Servicesand, in cases of 9 settlements exceeding $100,000, by the Governor; and (iii) 10(3)a settlement of any public liability claim against the 11 State or a State employee shall require an unqualified 12 release of any right of action against the State and the 13 employee for acts within the scope of the employee's 14 employment giving rise to the claim. 15 Whenever and to the extent that a State employee operates 16 a motor vehicle or engages in other activity covered by 17 self-insurance under this Section, the State of Illinois 18 shall defend, indemnify, and hold harmless the employee 19 against any claim in tort filed against the employee for acts 20 or omissions within the scope of the employee'shis21 employment in any proper judicial forum and not settled 22 pursuant to this subdivision (11)subsection, provided that 23 this obligation of the State of Illinois shall not exceed a 24 maximum liability of $2,000,000 for any single occurrence in 25 connection with the operation of a motor vehicle or $100,000 26 per person per occurrence for any other single occurrence, or 27 $500,000 for any single occurrence in connection with the 28 provision of medical care by a licensed physician employee. 29 Any claims against the State of Illinois under a 30 self-insurance plan thatwhichare not settled pursuant to 31 this subdivision (11)subsectionshall be heard and 32 determined by the Court of Claims,and may not be filed or 33 adjudicated in any other forum. The Attorney General of the 34 State of Illinois or the Attorney General'shisdesignee HB0236 Engrossed -91- LRB9100031DJcdA 1 shall be the attorney with respect to all public liability 2 self-insurance claims thatwhichare not settled pursuant to 3 this subdivision (11)subsectionand therefore result in 4 litigation. The payment of any award of the Court of Claims 5 entered against the State relating to any public liability 6 self-insurance claim shall act as a release against any State 7 employee involved in the occurrence. 8 (12)(l)Administer a plan the purpose of which is to 9 make payments on final settlements or final judgments in 10 accordance with the State Employee Indemnification Act. The 11 plan shall be funded through appropriations from the General 12 Revenue Fund specifically designated for that purpose, except 13 that indemnification expenses for employees of the Department 14 of Transportation, the Illinois State Police, and the 15 Secretary of State shall be paid from the Road Fund. The 16 term "employee" as used in this subdivision (12) has 17subsection shall havethe same meaning as under subsection 18 (b) of Section 1 of the State Employee Indemnification Act. 19 Subject to sufficient appropriation, the Directorof Central20Management Servicesshall approve payment of any claim 21 presented to the Directorhimthat is supported by a final 22 settlement or final judgment when the Attorney General and 23 the chief officer of the public body against whose employee 24 the claim or cause of action is asserted certify to the 25 Directorhimthat the claim is in accordance with the State 26 Employee Indemnification Act,and that they approve of the 27 payment. In no event shall an amount in excess of $150,000 28 be paid from this plan to or for the benefit of any claimant. 29 (13)(m)Administer a plan the purpose of which is to 30 make payments on final settlements or final judgments for 31 employee wage claims in situations where there was an 32 appropriation relevant to the wage claim,andthe fiscal year 33 and lapse period have expired, andthatsufficient funds were 34 available to pay thesuchclaim. The plan shall be funded HB0236 Engrossed -92- LRB9100031DJcdA 1 through appropriations from the General Revenue Fund 2 specifically designated for that purpose. 3 Subject to sufficient appropriation, the Directorof4Central Management Servicesis authorized to pay any wage 5 claim presented to the Directorhimthat is supported by a 6 final settlement or final judgment when the chief officer of 7 the State agency employing the claimant certifies to the 8 Directorhimthat the claim is a valid wage claim and that 9 the fiscal year and lapse period have expired. Payment for 10 claims that are properly submitted and certified as valid by 11 the Directorof Central Management Servicesshall include 12 interest accrued at the rate of 7% per annum from the 13 forty-fifth day after the claims are received by the 14 Departmentof Central Management Servicesor 45 days from the 15 date on which the amount of payment is agreed upon, whichever 16 is later, until the date the claims are submitted to the 17 Comptroller for payment. When the Attorney General has filed 18 an appearance in any proceeding concerning a wage claim 19 settlement or judgment, the Attorney General shall certify to 20 the Directorof Central Management Servicesthat the wage 21 claim is valid before any payment is made. In no event shall 22 an amount in excess of $150,000 be paid from this plan to or 23 for the benefit of any claimant. 24 Nothing in Public Act 84-961this Amendatory Act of 198525 shall be construed to affect in any manner the jurisdiction 26 of the Court of Claims concerning wage claims made against 27 the State of Illinois. 28 (14)(n)Prepare and, in the discretion of the Director 29of Central Management Services, implement a program for 30 self-insurance for official fidelity and surety bonds for 31 officers and employees as authorized by the Official Bond 32 Act. 33 (Source: P.A. 89-21, eff. 7-1-95; 89-262, eff. 8-10-95; 34 89-626, eff. 8-9-96.) HB0236 Engrossed -93- LRB9100031DJcdA 1 (20 ILCS 405/405-110 new) 2 (was 20 ILCS 405/64.2) (from Ch. 127, par. 63b5) 3 Sec. 405-110. Federal tax-exempt benefits in lieu of 4 salary or wages.64.2.5 (a) The Departmentof Central Management Servicesmay, at 6 the Director's discretion, establish and implement or approve 7 plans whereby State employees and officers, including those 8 of State universities and colleges, may enter into agreements 9 with their employer to elect to receive, in lieu of salary or 10 wages, benefits thatwhichare not taxable under the federal 11 Internal Revenue Code. TheseSuchagreements may include the 12 acceptance of a reduction in earnings or the foregoing of an 13 increase in earnings by an employee and the employer's 14 payment of thosesuchamounts as employer contributions for 15 benefits thatwhichthe employee selects from a list of 16 employee benefits offered by the employer. 17 (b) Prior to the establishment of such a plan, the 18 Director shall seek the advice of interested State agencies 19 regarding the content and implementation of the plan. 20 (c) Selection of plan offerings shall not be subject to 21 the Illinois Purchasing Act. 22 (d) Benefits selected by employees shall be included in 23 gross income for determination of pension base. 24 (Source: P.A. 84-167.) 25 (20 ILCS 405/405-115 new) 26 (was 20 ILCS 405/64.3) (from Ch. 127, par. 63b6) 27 Sec. 405-115. State agency employees child care 28 services.64.3.The Departmentof Central Management29Servicesshall administer the"State Agency Employees Child 30 Care Services Act", enacted by the 84th General Assembly. 31 (Source: P.A. 84-1308.) 32 (20 ILCS 405/405-120 new) HB0236 Engrossed -94- LRB9100031DJcdA 1 (was 20 ILCS 405/67.29) (from Ch. 127, par. 63b13.29) 2 Sec. 405-120. Hispanic and bilingual employees.67.29.3 The Department shall develop and implement plans to increase 4 the number of Hispanics employed by State government and the 5 number of bilingual persons employed in State government at 6 supervisory, technical, professional, and managerial levels. 7 (Source: P.A. 85-301.) 8 (20 ILCS 405/405-125 new) 9 (was 20 ILCS 405/67.31) (from Ch. 127, par. 63b13.31) 10 Sec. 405-125. State agency affirmative action and equal 11 employment opportunity goals.67.31.The Department shall 12 assist State agencies required to establish preparation and 13 promotion training programs under subsection (H) of Section 14 7-105 of the Illinois Human Rights Act for failure to meet 15 their affirmative action and equal employment opportunity 16 goals. The Department shall survey State agencies to 17 identify effective existing training programs and shall serve 18 as a resource to other State agencies. The Department shall 19 assist agencies in the development and modification of 20 training programs to enable them to meet their affirmative 21 action and equal employment opportunity goals and shall 22 provide information regarding other existing training and 23 educational resources, such as the Upward Mobility Program, 24 the Illinois Institute for Training and Development, and the 25 Central Management Services Training Center. 26 (Source: P.A. 86-1411; 86-1475.) 27 (20 ILCS 405/405-130 new) 28 (was 20 ILCS 405/67.28) (from Ch. 127, par. 63b13.28) 29 Sec. 405-130. State employees and retirees suggestion 30 award program.67.28.31 (a) The Department shall assist in the implementation of 32 a State Employees and Retirees Suggestion Award Program, to HB0236 Engrossed -95- LRB9100031DJcdA 1 be administered by the Board created in subsection (b). The 2 program shall encourage and reward improvements in the 3 operation of State government thatwhichresult in 4 substantial monetary savings. Any State employee, including 5 management personnel as defined by the Department, any 6 annuitant under Article 14 of the Illinois Pension Code and 7 any annuitant under Article 15 of that Code who receives a 8 retirement or disability retirement annuity, but not 9 including elected officials and departmental directors, may 10 submit a cost-saving suggestion to the Board, which shall 11 direct the suggestion to the appropriate department or agency 12 without disclosing the identity of the suggester. A 13 suggester may make a suggestion or include documentation on 14 matters a department or agency considers confidential, except 15 where prohibited by federal or State law; and no disciplinary 16 or other negative action may be taken against the suggester 17 unless there is a violation of federal or State law. 18 Suggestions, including documentation, upon receipt, shall 19 be given confidential treatment and shall not be subject to 20 subpoena ornorbe made public until the agency affected by 21 it has had the opportunity to request continued 22 confidentiality. The agency, if it requests continued 23 confidentiality, shall attest that disclosure would violate 24 federal or State law or rules and regulations pursuant to 25 federal or State lawtheretoor is a matter covered under 26 Section 7 of the Freedom of Information Act. The Board shall 27 make its decision on continued confidentiality and, if it so 28 classifies the suggestion, shall notify the suggester and 29 agency. A suggestion classified "continued confidential" 30 shall nevertheless be evaluated and considered for award. A 31 suggestion thatwhichthe Board finds or the suggester states 32 or implies constitutes a disclosure of information thatwhich33the suggester reasonably believes evidences (1) a violation 34 of any law, rule, or regulation or (2) mismanagement, a gross HB0236 Engrossed -96- LRB9100031DJcdA 1 waste of funds, an abuse of authority, or a substantial and 2 specific danger to public health or safety may be referred to 3 the appropriate investigatory or law enforcement agency for 4 consideration for investigation and action. The identity of 5 the suggester may not be disclosed without the consent of the 6 suggester during any investigation of the information and any 7 related matters. Such a suggestion shall also be evaluated 8 and an award made when appropriate. That portion of Board 9 meetings that involves the consideration of suggestions 10 classified "continued confidential" or being considered for 11 thatsuchclassification shall be closed meetings. 12 The Board may at its discretion make awards for those 13 suggestions certified by agency or department heads as 14 resulting in savings to the State of Illinois. Management 15 personnel shall be recognized for their suggestions as the 16 Board considers appropriate,but shall not receive any 17 monetary award. Annuitants and employees, other than 18 employees who are management personnel, shall receive awards 19 in accordance with the schedule below. Each award to 20 employees other than management personnel and awards to 21 annuitants shall be paid in one lump sum by the Board created 22 in subsection (b). A monetary award may be increased by 23 appropriation of the General Assembly. 24 The amount of each award to employees other than 25 management personnel and the award to annuitants shall be 26 determined as follows: 27 $1.00 to $5,000 savings..................... an amount not 28 to exceed 29 $500.00 or a 30 certificate 31 of merit, or 32 both, as 33 determined 34 by the Board HB0236 Engrossed -97- LRB9100031DJcdA 1 more than $5,000 up to $20,000 savings...... $500 award 2 more than $20,000 up to $100,000 savings.... $1,000 award 3 more than $100,000 up to $200,000 savings... $2,000 award 4 more than $200,000 up to $300,000 savings... $3,000 award 5 more than $300,000 up to $400,000 savings... $4,000 award 6 more than $400,000.......................... $5,000 award 7 (b) There is created a State Employees and Retirees 8 Suggestion Award Board to administer the program described in 9 subsection (a). The Board shall consist of 8 members 10 appointed 2 each by the President of the Senate, theand11 Minority Leader of the Senate, the Speaker of the House of 12 Representatives, and the Minority Leader of the House of 13 Representatives and, as ex-officio, non-voting members, the 14 directors of the Bureau of the Budget and the Departmentof15Central Management Services. Each appointing authority shall 16 designate one initial appointee to serve one year and one 17 initial appointee to serve 2 years; subsequent terms shall be 18 2 years. Any vacancies shall be filled for the unexpired 19 term by the original appointing authority and any member may 20 be reappointed. Board members shall serve without 21 compensation but may be reimbursed for expenses incurred in 22 the performance of their duties. The Board shall annually 23 elect a chairman from among its number, shall meet monthly or 24 more frequently at the call of the chairman, and shall 25 establish necessary procedures, guidelines, and criteria for 26 the administration of the program. The Board shall annually 27 report to the General Assembly by January 1 on the operation 28 of the program, including the nature and cost-savings of 29 implemented suggestions, and any recommendations for 30 legislative changes it deems appropriate. The General 31 Assembly shall make an annual appropriation to the Board for 32 payment of awards and the expenses of the Board, such as, but 33 not limited to: travel of the members, preparation of 34 publicity material, printing of forms and other matter, and HB0236 Engrossed -98- LRB9100031DJcdA 1 contractual expenses. 2 (Source: P.A. 86-1019; 86-1027; 87-1009.) 3 (20 ILCS 405/405-190 new) 4 (was 20 ILCS 405/67.27) (from Ch. 127, par. 63b13.27) 5 Sec. 405-190. Reduced rates and fares for State employee 6 travel.67.27.To negotiate with vendors to establish reduced 7 rates and fares applicable for transportation and lodging for 8 State employees traveling on official business, and to 9 publish a directory or listing of thosesuchfares and rates. 10 The publication shall be made available to all State agencies 11 in sufficient quantities to maximize utilization of the 12 reduced rates and fares. 13 (Source: P.A. 84-346.) 14 (20 ILCS 405/405-200 new) 15 (was 20 ILCS 405/67) (from Ch. 127, par. 63b13) 16 Sec. 405-200. Department's responsibility, generally. 1767.The Departmentof Central Management Servicesis 18 responsible for certain State properties, acquisitions, and 19 services. In performing this responsibility the Department 20 has the powers and duties set forth in the Sections following 21 this Section (except Sections 405-220, 405-245, 405-250, 22 405-255, and 405-260) and in Sections 405-25, 405-30, 23 405-120, 405-125, and 405-13067.01 through 67.40. 24 (Source: P.A. 86-1411; 86-1475; 87-476; 87-895.) 25 (20 ILCS 405/405-210 new) 26 (was 20 ILCS 405/67.21) (from Ch. 127, par. 63b13.21) 27 Sec. 405-210. State Property Control Act.67.21.To 28 administer the State Property Control Act. 29 (Source: P.A. 76-2028.) 30 (20 ILCS 405/405-215 new) HB0236 Engrossed -99- LRB9100031DJcdA 1 (was 20 ILCS 405/67.22) (from Ch. 127, par. 63b13.22) 2 Sec. 405-215. Proper utilization of State property. 367.22.To require proper utilization of State property. 4 (Source: P.A. 76-2028.) 5 (20 ILCS 405/405-220 new) 6 (was 20 ILCS 405/35.9) (from Ch. 127, par. 35.9) 7 Sec. 405-220. Inventorying State property.35.9.The 8 Department shall establish regulations for inventoryingof9 property owned or controlled by the State. 10 (Source: P.A. 82-783.) 11 (20 ILCS 405/405-225 new) 12 (was 20 ILCS 405/67.09) (from Ch. 127, par. 63b13.9) 13 Sec. 405-225. Office supply stockrooms.67.09.To 14 establish and operate office supply stockrooms where it finds 15 that the office supply needs of more than one agency may be 16 more efficiently or economically served by centralized State 17 distribution and, when thosesuchstockrooms are established, 18 to prescribe the items to be stocked in and the geographical 19 area to be served by the stockrooms. The Department shall 20 purchase stocks of supplies from the Office Supplies 21 Revolving Fund in accordance with the rules and regulations 22 of the Departmentof Central Management Services, be 23 responsible for the receipt, care, and custody of thesuch24 supplies, and keep detailed records thereof. The Department 25 shall bill the State agency receiving materials withdrawn 26 from stock as they are withdrawn. 27 (Source: P.A. 82-789.) 28 (20 ILCS 405/405-230 new) 29 (was 20 ILCS 405/67.23) (from Ch. 127, par. 63b13.23) 30 Sec. 405-230. Forms Notice Act.67.23.To administer the 31 provisions of the Forms Notice Act. HB0236 Engrossed -100- LRB9100031DJcdA 1 (Source: P.A. 90-655, eff. 7-30-98.) 2 (20 ILCS 405/405-240 new) 3 (was 20 ILCS 405/67.05) (from Ch. 127, par. 63b13.5) 4 Sec. 405-240. Information concerning the State.67.05.5 To publish, from time to time, for the information of the 6 several departments and of the general public, bulletins of 7 the work of the government; to collect, compile, and 8 disseminate information and literature concerning the 9 industrial, agricultural, and recreational facilities and 10 advantages, the historic and scenic places of interest, and 11 the transportation and highway facilities of Illinois; to 12 encourage and coordinate the efforts of other public and 13 private organizations or groups of citizens to publicize the 14 facilities and attractions of Illinois; and to use or,employ 15 or to contract for the use or employment of whatever 16 advertising medium it may deem necessary to effectuate the 17 purposeshereinprovided in this Section. 18 (Source: Laws 1967, p. 2788.) 19 (20 ILCS 405/405-250 new) 20 (was 20 ILCS 405/35.7a) (from Ch. 127, par. 35.7a) 21 Sec. 405-250. Statistical services; use of electronic 22 data processing equipment.35.7a.The Department may make 23 statistical services and the use of electronic data 24 processing equipment, including necessary telecommunications 25 lines and equipment, available to local governments, elected 26 State officials, State educational institutions, and all 27 other governmental units of the State requesting them. The 28 Director is empowered to establish prices and charges for the 29 statistical services so furnished and for the use of the 30 electronic data processing equipment and necessary 31 telecommunications lines and equipment. TheSuchprices and 32 charges shall be sufficient to reimburse the cost of HB0236 Engrossed -101- LRB9100031DJcdA 1 furnishing thesuchservices and use of equipment and lines. 2 (Source: P.A. 83-1332.) 3 (20 ILCS 405/405-255 new) 4 (was 20 ILCS 405/35.8) (from Ch. 127, par. 35.8) 5 Sec. 405-255. Division of Management Information.35.8.6 The Department, through its Division of Management 7 Information, may make statistical services and the use of 8 electronic data processing equipment available to local 9 governments, elected State officials, State educational 10 institutions, and all other governmental units of the State 11 requesting them. The Director is empowered to establish 12 prices and charges for the statistical services so furnished 13 and for the use of the electronic data processing equipment. 14 TheSuchprices and charges shall be sufficient to reimburse 15 the cost of furnishing thesuchservices and use of 16 equipment. 17 (Source: Laws 1967, p. 2655.) 18 (20 ILCS 405/405-260 new) 19 (was 20 ILCS 405/35.7c) (from Ch. 127, par. 35.7c) 20 Sec. 405-260. Standards for management information 21 systems.35.7c.The Department may establish statistical and 22 protocol standards to provide consistency in the operation 23 and use of management information systems. 24 (Source: P.A. 87-817.) 25 (20 ILCS 405/405-265 new) 26 (was 20 ILCS 405/67.08) (from Ch. 127, par. 63b13.8) 27 Sec. 405-265. Plan to coordinate or centralize 28 communications among State offices.67.08.To develop and 29 implement a comprehensive plan to coordinate or centralize 30 communications among State offices at different locations. 31 The plan shall be updated based on a continuing study of HB0236 Engrossed -102- LRB9100031DJcdA 1 communications problems of State government and shall include 2 but not be limited to telephone, teletypewriter use in 3 computer operations, the use of voice, data, and video 4 communications systems, and any other form of communications 5 system thatwhichmay be applicable. The plan shall take 6 into consideration systems thatwhichmight effect economies, 7 including but not limited to quantity discount services and,8 the use of a common switchboard or Centrex installation for 9 State agencies for cities, regions of the State, or the 10 entire State, and may include provision of telecommunications 11 service to local and federal government entities located 12 within this State if State interests can be served by so 13 doing. 14 (Source: P.A. 84-961.) 15 (20 ILCS 405/405-270 new) 16 (was 20 ILCS 405/67.18) (from Ch. 127, par. 63b13.18) 17 Sec. 405-270. Telecommunications services.67.18.To 18 provide for and co-ordinate telecommunications services for 19 State agencies and, when requested and when in the best 20 interests of the State, for units of federal or local 21 governments,and public and not-for-profit institutions of 22 primary, secondary, and higher education. The Department may 23 make use of its satellite uplink available to interested 24 parties not associated with State government provided that 25 State government usage shall have first priority. For this 26 purpose the Department shall have the power and duty to do 27 all of the following: 28 (1)(a)Provide for and control the procurement, 29 retention, installation, and maintenance of 30 telecommunications equipment or services used by State 31 agencies in the interest of efficiency and economy.;32 (2)(b)Establish standards by January 1, 1989 for 33 communications services for State agencies which shall HB0236 Engrossed -103- LRB9100031DJcdA 1 include a minimum of one telecommunication device for the 2 deaf installed and operational within each State agency, 3 to provide public access to agency information for those 4 persons who are hearing or speech impaired. The 5 Department shall consult the Department of Human Services 6 to develop standards and implementation for thissuch7 equipment.;8 (3)(c)Establish charges (i) for communication 9 services for State agencies and, when requested, for 10 units of federal or local government and,public and 11 not-for-profit institutions of primary, secondary, or 12 higher education,and (ii) for use of the Department's 13 satellite uplink by parties not associated with State 14 government. Entities charged for thesesuchservices 15 shall reimburse the Departmentof Central Management16Servicesby vouchers drawn against their respective 17 appropriations for telecommunications services.;18 (4)(d)Instruct all State agencies to report their 19 usage of telecommunication services regularly to the 20 Department in thesuchmannerasthe Director may 21 prescribe.;22 (5)(e)Analyze the present and future aims and 23 needs of all State agencies in the area of 24 telecommunications services and plan to serve thosesuch25 aims and needs in the most effective and efficient manner 26 .; and27 (6)(f)Establish thesuchadministrative 28 organization within the Department thatasis required to 29 accomplish the purpose of this Section. 30 The Departmentof Central Management Servicesis 31 authorized to conduct a study for the purpose of determining 32 technical, engineering, and management specifications for the 33 networking, compatible connection, or shared use of existing 34 and future public and private owned television broadcast and HB0236 Engrossed -104- LRB9100031DJcdA 1 reception facilities, including but not limited to 2 terrestrial microwave, fiber optic, and satellite, for 3 broadcast and reception of educational, governmental, and 4 business programs, and to implement those specifications. 5 However, the Department may not control or interfere with 6 the input of content into the telecommunications systems by 7 the several State agencies or units of federal or local 8 government, or public or not-for-profit institutions of 9 primary, secondary, and higher education, or users of the 10 Department's satellite uplink. 11 As used in this Section, the term "State agencies" means 12 all departments, officers, commissions, boards, institutions, 13 and bodies politic and corporate of the State except the 14 General Assembly, legislative service agencies, and all 15 officers of the General Assembly. 16 (Source: P.A. 89-507, eff. 7-1-97.) 17 (20 ILCS 405/405-275 new) 18 (was 20 ILCS 405/67.33) (from Ch. 127, par. 63b13.33) 19 Sec. 405-275. Grants for distance learning services. 2067.33.To award grants to public community colleges and 21 education service centers for development and implementation 22 of telecommunications systems that provide distance learning 23 services. 24 (Source: P.A. 87-583; 87-895.) 25 (20 ILCS 405/405-280 new) 26 (was 20 ILCS 405/67.15) (from Ch. 127, par. 63b13.15) 27 Sec. 405-280. State garages; passenger cars.67.15.To 28 supervise and administer all State garages used for the 29 repair, maintenance, or servicing of State-owned motor 30 vehicles except those operated by any State college or 31 university or by the Illinois Mathematics and Science 32 Academy; and to acquire, maintain, and administer the HB0236 Engrossed -105- LRB9100031DJcdA 1 operation of the passenger cars reasonably necessary to the 2 operations of the executive department of the State 3 government. To this end, the Departmentof Central4Management Servicesshall adopt regulations setting forth 5 guidelines for the acquisition, use, maintenance, and 6 replacement of motor vehicles, including the use of ethanol 7 blended gasoline whenever feasible, used by the executive 8 department of State government;andshall occupy the space 9 and take possession of the personnel, facilities, equipment, 10 tools, and vehicles thatwhichare in the possession or under 11 the administration of the former Department of Administrative 12 Services for these purposes on July 13, 1982 (the effective 13 date of Public Act 82-789);this amendatory Act of 1982and 14 shall, from time to time, acquire anysuchfurther, 15 additional, and replacement facilities, space, tools, and 16 vehicles thatasare reasonably necessary for the purposes 17 described in this Section. 18 (Source: P.A. 86-109; 87-373.) 19 (20 ILCS 405/405-285 new) 20 (was 20 ILCS 405/67.16) (from Ch. 127, par. 63b13.16) 21 Sec. 405-285. Fees for maintaining motor vehicles.67.16.22To charge, collect, and receive from all other agencies of 23 the State government fees or moneys equivalent to the costs 24 of repairing, servicing, and maintaining motor vehicles used 25 by thosesuchother agencies under Section 405-28067.15 of26this Act. All contracts let under the provisions of this Law 27Actshall be awarded in accordance with the applicable 28 requirements of the Illinois Purchasing Act. 29 (Source: P.A. 80-161.) 30 (20 ILCS 405/405-290 new) 31 (was 20 ILCS 405/67.32) (from Ch. 127, par. 63b13.32) 32 Sec. 405-290. Retread replacement tires on State owned HB0236 Engrossed -106- LRB9100031DJcdA 1 vehicles.67.32.The Department shall develop and implement 2 a program to use retreads as replacement tires on State owned 3 vehicles wherever possible. 4 (Source: P.A. 87-476.) 5 (20 ILCS 405/405-295 new) 6 (was 20 ILCS 405/67.30) (from Ch. 127, par. 63b13.30) 7 Sec. 405-295. Decreased energy consumption.67.30.The 8 Departmentof Central Management Servicesmay enter into 9 contracts for equipment or services designed to decrease 10 energy consumption in State programs and,State owned or 11 controlled buildings,or equipment. Prior to entering into 12 any such contract for a State owned building, the Department 13 shall consult with the Executive Director of the Capital 14 Development Board. The Department may consult with the 15 Department of Commerce and Community Affairs regarding any 16 aspect of energy consumption projects. 17 (Source: P.A. 89-445, eff. 2-7-96.) 18 (20 ILCS 405/405-300 new) 19 (was 20 ILCS 405/67.02) (from Ch. 127, par. 63b13.2) 20 Sec. 405-300. Lease or purchase of facilities; training 21 programs.67.02.22 (a) To lease or purchase office and storage space, 23 buildings, land, and other facilities for all State agencies, 24 authorities, boards, commissions, departments, institutions, 25 and bodies politic and all other administrative units or 26 outgrowths of the executive branch of State government except 27 the Constitutional officers, the State Board of Education and 28 the State colleges and universities and their governing 29 bodies. However, before leasing or purchasing any office or 30 storage space, buildings, land or other facilities in any 31 municipality the Department shall survey the existing 32 State-owned and State-leased property to make a determination HB0236 Engrossed -107- LRB9100031DJcdA 1 of need. 2 Thesuchleases shall be for a term not to exceed 5 3 years, except that thesuchleases may contain a renewal 4 clause subject to acceptance by the State after that date or 5 an option to purchase. TheSuchpurchases shall be made 6 through contracts that (i)whichmay provide for the title to 7 the property to transfer immediately to the State or a 8 trustee or nominee for the benefit of the State, (ii)and9whichshall:provide for the consideration to be paid in 10 installments to be made at stated intervals during a certain 11 term not to exceed 30 years from the date of the contract, 12 and (iii) may provide for the payment of interest on the 13 unpaid balance at a rate that does not exceed a rate 14 determined by adding 3 percentage points to the annual yield 15 on United States Treasury obligations of comparable maturity 16 as most recently published in the Wall Street Journal at the 17 time such contract is signed. TheSuchleases and purchase 18 contracts shall be and shall recite that they are subject to 19 termination and cancellation in any year for which the 20 General Assembly fails to make an appropriation to pay the 21 rent or purchase installments payable under the terms of the 22 lease or purchase contract. Additionally, thesuchpurchase 23 contract shall specify that title to the office and storage 24 space, buildings, land, and other facilities being acquired 25 under thesuch acontract shall revert to the Seller in the 26 event of the failure of the General Assembly to appropriate 27 suitable funds. However, this limitation on the term of the 28suchleases does not apply to leases to and with the 29 Illinois Building Authority, as provided for inthe Act30enacted by the Seventy-second General Assembly entitledthe 31 Building Authority Act., whichLeases to and with thatsaid32 Authority may be entered into for a term not to exceed 30 33 years and shall be and shall recite that they are subject to 34 termination and cancellation in any year for which the HB0236 Engrossed -108- LRB9100031DJcdA 1 General Assembly fails to make an appropriation to pay the 2 rent payable under the terms of thesuchlease. These 3 limitations do not apply ifwherethe lease or purchase 4 contract contains a provision limiting the liability for the 5 payment of the rentals or installments thereof solely to 6 funds received from the Federal government. 7 (b) To lease from an airport authority office, aircraft 8 hangar, and service buildings constructed upon a public 9 airport under the Airport Authorities Act for the use and 10 occupancy of the State Department of Transportation. The,11whichlease may be entered into for a term not to exceed 30 12 years. 13 (c) To establish training programs for teaching State 14 leasing procedures and practices to new employees of the 15 Department and to keep all employees of the Department 16 informed about current leasing practices and developments in 17 the real estate industry. 18 (d) To enter into an agreement with a municipality or 19 county to construct, remodel, or convert a structure for the 20 purposes of its serving as a correctional institution or 21 facility pursuant to paragraph (c) of Section 3-2-2 of the 22 Unified Code of Corrections. 23 (e) To enter into an agreement with a private 24 individual, trust, partnership, or corporation or a 25 municipality or other unit of local government, when 26 authorized to do so by the Department of Corrections, whereby 27 thatsuchindividual, trust, partnership, or corporation or 28 municipality or other unit of local government will 29 construct, remodel, or convert a structure for the purposes 30 of its serving as a correctional institution or facility and 31 then lease thesuchstructure to the Department for the use 32 of the Department of Corrections. A lease entered into 33 pursuant to the authority granted in this subsection shall be 34 for a term not to exceed 30 years,but may grant to the State HB0236 Engrossed -109- LRB9100031DJcdA 1 the option to purchase the structure outright. 2 TheSuchleases shall be and shall recite that they are 3 subject to termination and cancellation in any year for which 4 the General Assembly fails to make an appropriation to pay 5 the rent payable under the terms of the lease. 6 (f) On and after September 17, 1983, the powers granted 7 to the Department under this Section shall be exercised 8 exclusively by the Department, and no other State agency may 9 concurrently exercise any such power,unless specifically 10 authorized otherwise by a later enacted law. This subsection 11 is not intended to impair any contract existing as of 12 September 17, 1983. 13 However, no lease for more than 10,000 square feet of 14 space shall be executed unless the Director, in consultation 15 with the Executive Director of the Capital Development Board, 16 has certified that leasing is in the best interest of the 17 State, considering programmatic requirements, availability of 18 vacant State-owned space, the cost-benefits of purchasing or 19 constructing new space, and other criteria as he or she shall 20 determine. The Director shall not permit multiple leases for 21 less than 10,000 square feet to be executed in order to evade 22 this provision. 23 (g) To develop and implement, in cooperation with the 24 Interagency Energy Conservation Committee, a system for 25 evaluating energy consumption in facilities leased by the 26 Department, and to develop energy consumption standards for 27 use in evaluating prospective lease sites. 28 (h) (1) After June 1, 1998 (the effective date of Public 29this amendatoryAct 90-520)of 1997, the Department 30 shall not enter into an agreement for the installment 31 purchase or lease purchase of buildings, land, or 32 facilities unless: 33 (A) the using agency certifies to the 34 Department that the agency reasonably expects that HB0236 Engrossed -110- LRB9100031DJcdA 1 the building, land, or facilities being considered 2 for purchase will meet a permanent space need; 3 (B) the building or facilities will be 4 substantially occupied by State agencies after 5 purchase (or after acceptance in the case of a build 6 to suit); 7 (C) the building or facilities shall be in new 8 or like new condition and have a remaining economic 9 life exceeding the term of the contract; 10 (D) no structural or other major building 11 component or system hasshall havea remaining 12 economic life of less than 10 years; 13 (E) the building, land, or facilities: 14 (i) is free of any identifiable 15 environmental hazard,or 16 (ii) is subject to a management plan, 17 provided by the seller and acceptable to the 18 State, to address the known environmental 19 hazard; 20 (F) the building, land, or facilities satisfy 21 applicable handicap accessibility and applicable 22 building codes; and 23 (G) the State's cost to lease purchase or 24 installment purchase the building, land, or 25 facilities is less than the cost to lease space of 26 comparable quality, size, and location over the 27 lease purchase or installment purchase term. 28 (2) The Department shall establish the methodology 29 for comparing lease costs to the costs of installment or 30 lease purchases. The cost comparison shall take into 31 account all relevant cost factors, including, but not 32 limited to, debt service, operating and maintenance 33 costs, insurance and risk costs, real estate taxes, 34 reserves for replacement and repairs, security costs, and HB0236 Engrossed -111- LRB9100031DJcdA 1 utilities. TheSuchmethodology shall also provide: 2 (A) that the comparison will be made using 3 level payment plans; and 4 (B) that a purchase price must not exceed the 5 fair market value of the buildings, land, or 6 facilities,and that the purchasesuchprice must be 7 substantiated by an appraisal or by a competitive 8 selection process. 9 (3) If the Department intends to enter into an 10 installment purchase or lease purchase agreement for 11 buildings, land, or facilities under circumstances that 12 do not satisfy the conditions specified by this Section, 13 it must issue a notice to the Secretary of the Senate and 14 the Clerk of the House. TheSuchnotice shall contain 15 (i) specific details of the State's proposed purchase, 16 including the amounts, purposes, and financing terms; 17 (ii) a specific description of how the proposed purchase 18 varies from the procedures set forth in this Section; and 19 (iii) a specific justification, signed by the Director, 20 statingofwhy it is in the State's best interests to 21 proceed with the purchase. The Department may not 22 proceed with such an installment purchase or lease 23 purchase agreement if, within 60 calendar days after 24 delivery of the notice, the General Assembly, by joint 25 resolution, disapproves the transaction. Delivery may 26 take place on a day and at an hour when the Senate and 27 House are not in session so long as the offices of 28 Secretary and Clerk are open to receive the notice. In 29 determining the 60-day60 dayperiod within which the 30 General Assembly must act, the day on which delivery is 31 made to the Senate and House shall not be counted. If 32 delivery of the notice to the 2 houses occurs on 33 different days, the 60-day60 dayperiod shall begin on 34 the day following the later delivery. HB0236 Engrossed -112- LRB9100031DJcdA 1 (4) On or before February 15 of each year, the 2 Department shall submit an annual report to the Director 3 of the Bureau of the Budget and the General Assembly 4 regarding installment purchases or lease purchases of 5 buildings, land, or facilities that were entered into 6 during the preceding calendar year. The report shall 7 include a summary statement of the aggregate amount of 8 the State's obligations under thosesuchpurchases; 9 specific details pertaining to each purchase, including 10 the amounts, purposes, and financing terms and payment 11 schedule for each purchase; and any other matter that the 12 Department deems advisable. 13 The requirement for reporting to the General 14 Assembly shall be satisfied by filing copies of the 15 report with the Auditor General, the Speaker, the 16 Minority Leader, and the Clerk of the House of 17 Representatives and the President, the Minority Leader, 18 and the Secretary of the Senate, the Chairs of the 19 Appropriations Committees, and the Legislative Research 20 Unit, as required by Section 3.1 of the General Assembly 21 Organization Act, and filingsuchadditional copies with 22 the State Government Report Distribution Center for the 23 General Assembly as is required under paragraph (t) of 24 Section 7 of the State Library Act. 25 (Source: P.A. 90-520, eff. 6-1-98.) 26 (20 ILCS 405/405-305 new) 27 (was 20 ILCS 405/67.06) (from Ch. 127, par. 63b13.6) 28 Sec. 405-305. Lease of unused or unproductive State 29 land.67.06.To lease the unused or unproductive land under 30 the jurisdiction of any of the several departments onsuch31 terms and conditions thatasin the judgment of the Director 32 are in the best interests of the State. 33 (Source: Laws 1967, p. 2788.) HB0236 Engrossed -113- LRB9100031DJcdA 1 (20 ILCS 405/405-310 new) 2 (was 20 ILCS 405/67.07) (from Ch. 127, par. 63b13.7) 3 Sec. 405-310. Transfer of realty.67.07.To transfer any 4 realty under the jurisdiction of the Department to any other 5 State agency and to accept a transfer of realty from the 6 federal government. 7 (Source: Laws 1967, p. 2788.) 8 (20 ILCS 405/405-315 new) 9 (was 20 ILCS 405/67.24) (from Ch. 127, par. 63b13.24) 10 Sec. 405-315. Management of State buildings; security 11 force; fees.67.24.12 (a) To manage, operate, maintain, and preserve from 13 waste the State buildings listed below. The Department may 14 rent portions of these and other State buildings when in the 15 judgment of the Director thosesuchleases will be in the 16 best interests of the State. TheSuchleases shall not 17 exceed 5fiveyears unless a greater term is specifically 18 authorized. 19 a. Peoria Regional Office Building 20 5415 North University 21 Peoria, Illinois 61614 22 b. Springfield Regional Office Building 23 4500 South 6th Street 24 Springfield, Illinois 62703 25 c. Champaign Regional Office Building 26 2125 South 1st Street 27 Champaign, Illinois 61820 28 d. Illinois State Armory Building 29 124 East Adams 30 Springfield, Illinois 62706 31 e. Marion Regional Office Building 32 2209 West Main Street 33 Marion, Illinois 62959 HB0236 Engrossed -114- LRB9100031DJcdA 1 f. Kenneth Hall Regional State Office 2 Building 3 #10 Collinsville Avenue 4 East St. Louis, Illinois 62201 5 g. Rockford Regional Office Building 6 4402 North Main Street 7 P.O. Box 915 8 Rockford, Illinois 61105 9 h. State of Illinois Building 10 160 North LaSalle 11 Chicago, Illinois 60601 12 i. Office and Laboratory Building 13 2121 West Taylor Street 14 Chicago, Illinois 60602 15 j. Central Computer Facility 16 201 West Adams 17 Springfield, Illinois 62706 18 k. Elgin Office Building 19 595 South State Street 20 Elgin, Illinois 60120 21 l. James R. Thompson Center 22 Bounded by Lake, Clark, Randolph and 23 LaSalle Streets 24 Chicago, Illinois 25 m. The following buildings located within the Chicago 26 Medical Center District: 27 1. Lawndale Day Care Center 28 2929 West 19th Street 29 2. Edwards Center 30 2020 Roosevelt Road 31 3. Illinois Center for 32 Rehabilitation and Education 33 1950 West Roosevelt Road and 1151 South Wood Street 34 4. Department of Children and HB0236 Engrossed -115- LRB9100031DJcdA 1 Family Services District Office 2 1026 South Damen 3 5. The William Heally School 4 1731 West Taylor 5 6. Administrative Office Building 6 1100 South Paulina Street 7 7. Metro Children and Adolescents Center 8 1601 West Taylor Street 9 n. E.J. "Zeke" Giorgi Center 10 200 Wyman Street 11 Rockford, Illinois 12 o. Suburban North Facility 13 9511 Harrison 14 Des Plaines, Illinois 15 p. The following buildings located within the Revenue 16 Center in Springfield: 17 1. State Property Control Warehouse 18 11th & Ash 19 2. Illinois State Museum Research & Collections 20 Center 21 1011 East Ash Street 22 q. Effingham Regional Office Building 23 401 Industrial Drive 24 Effingham, Illinois 25r.Portions or all of the basement and 26 ground floor of the 27 State of Illinois Building 28 160 North LaSalle 29 Chicago, Illinois 60601 30 may be leased to persons, firms, partnerships, associations, 31 or individuals for terms not to exceed 15 years when in the 32 judgment of the Director thosesuchleases will be in the 33 best interests of the State. 34 Portions or all of the commercial space, which includes HB0236 Engrossed -116- LRB9100031DJcdA 1 the sub-basement, storage mezzanine, concourse, and ground 2 and second floors of the 3 James R. Thompson Center 4 Bounded by Lake, Clark, Randolph and LaSalle Streets 5 Chicago, Illinois 6 may be leased to persons, firms, partnerships, associations, 7 or individuals for terms not to exceed 15 years subject to 8 renewals when in the judgment of the Director thosesuch9 leases will be in the best interests of the State. 10 The Director is authorized to rent portions of the above 11 described facilities to persons, firms, partnerships, 12 associations, or individuals for terms not to exceed 30 days 13 when thosesuchleases will not interfere with State usage of 14 the facility. This authority is meant to supplement and shall 15 not in any way be interpreted to restrict the Director's 16 ability to make portions of the State of Illinois Building 17 and the James R. Thompson Center available for long-term 18 commercial leases. 19 Provided however, that all rentals or fees charged to 20 persons, firms, partnerships, associations, or individuals 21 for any lease or use of space in the above described 22 facilities made for terms not to exceed 30 days in length 23 shall be deposited in a special fund in the State treasury to 24 be known as the Special Events Revolving Fund. 25 Notwithstanding the provisions above, the Department of 26 Children and Family Services and the Department of Human 27 Services (as successor to the Department of Rehabilitation 28 Services and the Department of Mental Health and 29 Developmental Disabilities) shall determine the allocation of 30 space for direct recipient care in their respective 31 facilities. The Department of Central Management Services 32 shall consult with the affected agency in the allocation and 33 lease of surplus space in these facilities. Potential lease 34 arrangements shall not endanger the direct recipient care HB0236 Engrossed -117- LRB9100031DJcdA 1 responsibilities in these facilities. 2 (b) To appoint, subject to the"Personnel Code", as3amended, persons to be members of a police and security 4 force. Members of the security force shall be peace officers 5 when performing duties pursuant to this Section and as such 6 shall have all of the powers possessed by policemen in cities 7,and sheriffs, including the power to make arrests on view 8 or issue citations for violations of State statutes or city 9 or county ordinances, except that in counties of more than 10 1,000,000 population, any powers created by this subsection 11 shall be exercised only (i) when necessary to protect the 12 property, personnel, oranyinterests of the Departmentof13Central Management Servicesor any State agency for whom the 14 Department manages, operates, or maintains property,or (ii) 15 when specifically requested by appropriate State or local law 16 enforcement officials, and except that within counties of 17 1,000,000 or less population, thesesuchpowers shall be 18 exercised only when necessary to protect the property, 19 personnel, oranyinterests of the State of Illinois,and 20 only while on property managed, operated, or maintained by 21 the Department. 22 Nothing in this subsection shall be construed so as to 23 make it conflict with any provisions of, or rules promulgated 24 under, the"Personnel Code". 25 (c) To charge reasonable fees to all State agencies 26 utilizing facilities operated by the Department for occupancy 27 related fees and charges. All fees collected under this 28 subsection shall be deposited in a special fund in the State 29 treasury known as the Facilities Management Revolving Fund. 30 As used in this subsection, the term "State agencies" means 31 all departments, officers, commissions, institutions, boards, 32 and bodies politic and corporate of the State. 33 (Source: P.A. 88-272; 88-317; 88-670, eff. 12-2-94; 89-376, 34 eff. 8-18-95; 89-507, eff. 7-1-97.) HB0236 Engrossed -118- LRB9100031DJcdA 1 (20 ILCS 405/405-320 new) 2 (was 20 ILCS 405/67.25) (from Ch. 127, par. 63b13.25) 3 Sec. 405-320. Multi-use State facility at Collinsville; 4 State Police district headquarters at Sterling.67.25.5 (a) To enter into an agreement with a private 6 individual, trust, partnership, or corporation or a 7 municipality or other unit of local government whereby that 8suchindividual, trust, partnership, or corporation or 9 municipality or other unit of local government will construct 10 a structure in the vicinity of Collinsville, Illinois for the 11 purposes of its serving as a multi-use State facility and 12 then lease thatsuchstructure to the Department for the use 13 of the Department of Transportation and other State agencies. 14 (b) To enter into an agreement with a municipality or 15 other unit of local government whereby the municipality or 16 other unit of local government will construct a structure in 17 the vicinity of Sterling, Illinois for the purposes of its 18 serving as a Department of State Police district headquarters 19 and then lease the structure to the Department for the use of 20 the Illinois State Police. The Directorof the Department of21Central Management Servicesis further authorized to convey 22 the existing Illinois State Police headquarters at Sterling 23 to the City of Sterling, Illinois, a municipal corporation, 24 at a value established by the average of 3threeappraisals 25 in exchange for a deduction of equal value against any 26 amounts due the municipality under the State's contract to 27 acquire a State Police district headquarters at Sterling. 28 (c) A lease entered into pursuant to the authority 29 granted in this SectionActshall be for a term not to exceed 30 30 years but may grant to the State the option to purchase 31 the structure outright. 32 (d) The lease shall be approved by the heads of the 33 agencies occupying the facility and shall be and shall recite 34 that it is subject to termination and cancellation in any HB0236 Engrossed -119- LRB9100031DJcdA 1 year for which the General Assembly fails to make an 2 appropriation to pay the rent payable under the terms of the 3 lease. 4 (Source: P.A. 86-1338.) 5 (20 ILCS 405/405-325 new) 6 (was 20 ILCS 405/67.26) (from Ch. 127, par. 63b13.26) 7 Sec. 405-325. Mental health facility at Dixon.67.26.8 To enter into an agreement with a private individual, trust, 9 partnership, or corporation or a municipality or other unit 10 of local government whereby thatsuchindividual, trust, 11 partnership, or corporation or municipality or other unit of 12 local government will construct a structure in the vicinity 13 of Dixon, Illinois for the purposes of its serving as a 14 mental health facility and then lease thatsuchstructure to 15 the Department for the use of the Department of Human 16 Services. 17 A lease entered into pursuant to the authority granted in 18 this SectionActshall be for a term not to exceed 30 years 19 but may grant to the State the option to purchase the 20 structure outright. 21 The lease shall be approved by the Secretary of Human 22 Services and shall be and shall recite that it is subject to 23 termination and cancellation in any year for which the 24 General Assembly fails to make an appropriation to pay the 25 rent payable under the terms of the lease. 26 (Source: P.A. 89-507, eff. 7-1-97.) 27 (20 ILCS 405/405-400 new) 28 (was 20 ILCS 5/34.1) (from Ch. 127, par. 34.1) 29 Sec. 405-400. Successor to Department of Administrative 30 Services and Department of Personnel.34.1.The Department 31 of Central Management Services shall assume all rights, 32 powers, duties, and responsibilities of the Department of HB0236 Engrossed -120- LRB9100031DJcdA 1 Administrative Services and the Department of Personnel as 2 the successor to those departments. The Department of 3 Administrative Services, the Department of Personnel, and the 4 Advisory Board to the Department of Personnel are abolished. 5 Personnel, books, records, papers, documents, property, 6 real and personal, unexpended appropriations, and pending 7 business in any way pertaining to the former Department of 8 Administrative Services and the former Department of 9 Personnel are transferred to the Department of Central 10 Management Services, but any rights of employees or the State 11 under the"Personnel Code"or any other contract or plan 12 shall be unaffected by this transferhereby. No rule or 13 regulation promulgated by the former Department of 14 Administrative Services or the former Department of Personnel 15 pursuant to an exercise of any right, power, duty, or 16 responsibility transferred to the Department of Central 17 Management Services shall be affected by Public Act 82-789 18this amendatory Act of 1982, and all such rules and 19 regulations shall become the rules and regulations of the 20 Department of Central Management Services. 21 (Source: P.A. 82-789.) 22 (20 ILCS 405/405-500 new) 23 (was 20 ILCS 405/67.35) 24 Sec. 405-500.67.35.Matters relating to the Office of 25 the Lieutenant Governor. 26 (a) It is the purpose of this Section to provide for the 27 administration of the affairs of the Office of the Lieutenant 28 Governor during a period when the Office of Lieutenant 29 Governor is vacant. 30 It is the intent of the General Assembly that all powers 31 and duties of the Lieutenant Governor assumed and exercised 32 by the Director of Central Management Services, the 33 Department of Central Management Services, or another HB0236 Engrossed -121- LRB9100031DJcdA 1 Director, State employee, or State agency designated by the 2 Governor under the provisions of Public Act 90-609this3amendatory Act of 1998be reassumed by the Lieutenant 4 Governor on January 11, 1999. 5 (b) Until January 11, 1999, while the office of 6 Lieutenant Governor is vacant, the Director of Central 7 Management Services shall assume and exercise the powers and 8 duties given to the Lieutenant Governor under the Illinois 9 Commission on Community Service Act, Section 46.53 of the 10 Civil AdministrativethisCode of Illinois (renumbered; now 11 Section 605-75 of the Department of Commerce and Community 12 Affairs Law, 20 ILCS 605/605-75) (relating to the Keep 13 Illinois Beautiful program), Section 12-1 of the State 14 Finance Act, the Gifts and Grants to Government Act, and the 15 Illinois Distance Learning Foundation Act. 16 The Director of Central Management Services shall not 17 assume or exercise the powers and duties given to the 18 Lieutenant Governor under the Rural Bond Bank Act. 19 (c) Until January 11, 1999, while the office of 20 Lieutenant Governor is vacant, the Department of Central 21 Management Services shall assume and exercise the powers and 22 duties given to the Office of the Lieutenant Governor under 23 Section 2-3.112 of the School Code, the Illinois River 24 Watershed Restoration Act, the Illinois Wildlife Prairie Park 25 Act, Section 12-1 of the State Finance Act, and the Illinois 26 Distance Learning Foundation Act. 27 (c-5) Notwithstanding subsection (c): (i) the Governor 28 shall appoint an interim member, who shall be interim 29 chairperson, of the Illinois River Coordinating Council while 30 the office of the Lieutenant Governor is vacant until January 31 11, 1999 and (ii) the Governor shall appoint an interim 32 member, who shall be interim chairperson, of the Illinois 33 Wildlife Prairie Park Commission while the office of the 34 Lieutenant Governor is vacant until January 11, 1999. HB0236 Engrossed -122- LRB9100031DJcdA 1 (d) Until January 11, 1999, while the office of 2 Lieutenant Governor is vacant, the Department of Central 3 Management Services may assume and exercise the powers and 4 duties that have been delegated to the Lieutenant Governor by 5 the Governor. 6 (e) Until January 11, 1999, while the office of 7 Lieutenant Governor is vacant, appropriations to the Office 8 of the Lieutenant Governor may be obligated and expended by 9 the Department of Central Management Services, with the 10 authorization of the Director of Central Management Services, 11 for the purposes specified in those appropriations. These 12 obligations and expenditures shall continue to be accounted 13 for as obligations and expenditures of the Office of the 14 Lieutenant Governor. 15 (f) Until January 11, 1999, while the office of 16 Lieutenant Governor is vacant, all employees of the Office of 17 the Lieutenant Governor who are needed to carry out the 18 responsibilities of the Office are temporarily reassigned to 19 the Department of Central Management Services. This 20 reassignment shall not be deemed to constitute new employment 21 or to change the terms or conditions of employment or the 22 qualifications required of the employees, except that the 23 reassigned employees shall be subject to supervision by the 24 Department during the temporary reassignment period. 25 (g) Until January 11, 1999, while the office of 26 Lieutenant Governor is vacant, the Department of Central 27 Management Services shall temporarily assume and exercise the 28 powers and duties of the Office of the Lieutenant Governor 29 under contracts to which the Office of the Lieutenant 30 Governor is a party. The assumption of rights and duties 31 under this subsection shall not be deemed to change the terms 32 or conditions of the contract. 33 The Department of Central Management Services may amend, 34 extend, or terminate any such contract in accordance with its HB0236 Engrossed -123- LRB9100031DJcdA 1 terms; may agree to terminate a contract at the request of 2 the other party; and may, with the approval of the Governor, 3 enter into new contracts on behalf of the Office of the 4 Lieutenant Governor. 5 (h) The Governor may designate a State employee or 6 director other than the Director of Central Management 7 Services or a State agency other than the Department of 8 Central Management Services to assume and exercise any 9 particular power or duty that would otherwise be assumed and 10 exercised by the Director of Central Management Services or 11 the Department of Central Management Services under 12 subsection (b), (c), or (d) of this Section. 13 Except as provided below, if the Governor designates a 14 State employee or director other than the Director of Central 15 Management Services or a State agency other than the 16 Department of Central Management Services, that person or 17 agency shall be responsible for those duties set forth in 18 subsections (e), (f), and (g) that directly relate to the 19 designation of duties under subsections (b), (c), and (d). 20 If the Governor's designation relates to duties of the 21 Commission on Community Service or the Distance Learning 22 Foundation, the Director of Central Management Services and 23 the Department of Central Management Services may, if so 24 directed by the Governor, continue to be responsible for 25 those duties set forth in subsections (e), (f), and (g) 26 relating to that designation. 27 (i) Business transacted under the authority of this 28 Section by entities other than the Office of the Lieutenant 29 Governor shall be transacted on behalf of and in the name of 30 the Office of the Lieutenant Governor. Property of the 31 Office of the Lieutenant Governor shall remain the property 32 of that Office and may continue to be used by persons 33 performing the functions of that Office during the vacancy 34 period, except as otherwise directed by the Governor. HB0236 Engrossed -124- LRB9100031DJcdA 1 (Source: P.A. 89-445, eff. 2-7-96; 90-609, eff. 6-30-98.) 2 (20 ILCS 510/Art. 510 heading new) 3 ARTICLE 510. DEPARTMENT OF CHILDREN AND FAMILY SERVICES 4 (20 ILCS 510/510-1 new) 5 Sec. 510-1. Article short title. This Article 510 of 6 the Civil Administrative Code of Illinois may be cited as the 7 Department of Children and Family Services Powers Law. 8 (20 ILCS 510/510-5 new) 9 Sec. 510-5. Definition. As used in this Article 30, 10 "Department" means the Department of Children and Family 11 Services. 12 (20 ILCS 510/510-10 new) 13 (was 20 ILCS 510/65) (from Ch. 127, par. 63b11) 14 Sec. 510-10. Powers, generally.65.The Departmentof15Children and Family Serviceshas the powers enumerated in the 16 following Sections65.1 through 65.8. 17 (Source: P.A. 86-610.) 18 (20 ILCS 510/510-15 new) 19 (was 20 ILCS 510/65.1) (from Ch. 127, par. 63b11.1) 20 Sec. 510-15. Children and Family Services Act. The 21 Department has the power65.1.to administer the"An Act22creating the Department ofChildren and Family Services Act,23codifying its powers and duties, and repealing certain Acts24and Sections herein named". 25 (Source: Laws 1967, p. 4089.) 26 (20 ILCS 510/510-20 new) 27 (was 20 ILCS 510/65.4) (from Ch. 127, par. 63b11.4) 28 Sec. 510-20. Juveniles. The Department has the power HB0236 Engrossed -125- LRB9100031DJcdA 165.4.to exercise the powers and fulfill the duties assigned 2 the Department by the Juvenile Court Act of 1987. 3 (Source: P.A. 90-372, eff. 7-1-98.) 4 (20 ILCS 510/510-25 new) 5 (was 20 ILCS 510/65.5) (from Ch. 127, par. 63b11.5) 6 Sec. 510-25. Child Care Act of 1969; injunction. The 7 Department has the power65.5.to initiate injunction 8 proceedings wheneverwhereverit appears to the Director of 9 Children and Family Services that any person, group of 10 persons, or corporation is engaged or about to engage in any 11 acts or practices thatwhichconstitute or will constitute a 12 violation of the"Child Care Act of 1969", approved May 15,131969, as amended,or any rule or regulation prescribed under 14 the authority of that Actthereof. The Director of Children 15 and Family Services may, in his or her discretion, through 16 the Attorney General apply for an injunction to enforce the 17 Act, rule, or regulation., andUpon a proper showing, any 18 circuit court may enter a permanent or preliminary injunction 19 or a temporary restraining order without bond to enforce the 20 Act, rule, or regulationthose Actsin addition to the 21 penalties and other remedies provided in the Act, rule, or 22 regulationthose Acts. Appeals may be taken as in other civil 23 cases. 24 (Source: P.A. 83-1362.) 25 (20 ILCS 510/510-30 new) 26 (was 20 ILCS 510/65.6) (from Ch. 127, par. 63b11.6) 27 Sec. 510-30. Escaped inmates. The Department has the 28 power65.6.to exercise the powers and fulfill the duties 29 assigned the Department by the Escaped Inmate Damages Act"An30Act concerning damages caused by escaped inmates of31charitable, penal, reformatory or other institutions over32which the State has control", approved June 21, 1935, asHB0236 Engrossed -126- LRB9100031DJcdA 1heretofore and hereafter amended. 2 (Source: Laws 1967, p. 4089.) 3 (20 ILCS 510/510-35 new) 4 (was 20 ILCS 510/65.7) (from Ch. 127, par. 63b11.7) 5 Sec. 510-35. State agency employees child care services. 6 The Department has the power65.7.to advise the Department 7 of Central Management Services concerning the provision of 8 child care services pursuant to the"State Agency Employees 9 Child Care Services Act", enacted by the 84th General10Assembly. 11 (Source: P.A. 84-652.) 12 (20 ILCS 510/510-95 new) 13 (was 20 ILCS 510/65.3) (from Ch. 127, par. 63b11.3) 14 Sec. 510-95. Statutory responsibilities pertaining to 15 children. The Department has the power65.3.to administer 16 the"Child Care Act (repealed)"and thesuchother 17 responsibilities pertaining to children thatasare delegated 18 to the Department by statute. 19 (Source: Laws 1967, p. 4089.) 20 (20 ILCS 510/510-100 new) 21 (was 20 ILCS 510/65.8) (from Ch. 127, par. 63b11.8) 22 Sec. 510-100. Criminal history record information.65.8.23Whenever the Department is authorized or required by law to 24 consider some aspect of criminal history record information 25 for the purpose of carrying out its statutory powers and 26 responsibilities, then, upon request and payment of fees in 27 conformance with the requirements ofsubsection 22 ofSection 28 2605-40055aof"the Department of State Police Law (20 ILCS 29 2605/2605-400)Civil Administrative Code of Illinois", the 30 Department of State Police is authorized to furnish, pursuant 31 to positive identification, thesuchinformation contained in HB0236 Engrossed -127- LRB9100031DJcdA 1 State files thatasis necessary to fulfill the request. 2 (Source: P.A. 86-610.) 3 (20 ILCS 510/510-200 new) 4 (was 20 ILCS 510/65.2) (from Ch. 127, par. 63b11.2) 5 Sec. 510-200. Police and security force. The Department 6 has the power65.2.to appoint, subject to the"Personnel 7 Code", persons to be members of a police and security force. 8 Members of the police and security force shall be peace 9 officers and as such have all powers possessed by policemen 10 in cities,and sheriffs, including the power to make arrests 11 on view or on warrants of violations of State statutes or 12 city or county ordinances. These powers may, however, be 13 exercised only in counties of more than 500,000 population 14 when required for the protection of Department properties, 15 interests, and personnel,or when specifically requested by 16 appropriate State or local law enforcement officials. Members 17 of the police and security force may not serve and execute 18 civil processprocesses. 19 (Source: Laws 1967, p. 4089.) 20 (20 ILCS 605/Art. 605 heading new) 21 ARTICLE 605. DEPARTMENT OF COMMERCE AND COMMUNITY AFFAIRS 22 (20 ILCS 605/605-1 new) 23 Sec. 605-1. Article short title. This Article 605 of the 24 Civil Administrative Code of Illinois may be cited as the 25 Department of Commerce and Community Affairs Law. 26 (20 ILCS 605/605-5 new) 27 (was 20 ILCS 605/46.1, in part) (from Ch. 127, par. 46.1) 28 Sec. 605-5. Definitions. As used in the Sections 29 followingafterthis Section:and before Section 47.2,30 "Department" means the Department of Commerce and HB0236 Engrossed -128- LRB9100031DJcdA 1 Community Affairs. 2 "Director" means the Director of Commerce and Community 3 Affairs. 4 "Local government" means every county, municipality, 5 township, school district, and other local political 6 subdivision having authority to enact laws and ordinances, to 7 administer laws and ordinances, to raise taxes, or to expend 8 funds. 9 (Source: P.A. 87-156; 87-248; 87-895; 88-100; 88-339; 88-670, 10 eff. 12-2-94.) 11 (20 ILCS 605/605-10 new) 12 (was 20 ILCS 605/46.1, in part) (from Ch. 127, par. 46.1) 13 Sec. 605-10.46.1.Powers and duties. The Departmentof14Commerce and Community Affairshas the powers and duties 15 enumerated in the Sections followingafterthis Sectionand16before Section 47.2. 17 (Source: P.A. 87-156; 87-248; 87-895; 88-100; 88-339; 88-670, 18 eff. 12-2-94.) 19 (20 ILCS 605/605-15 new) 20 (was 20 ILCS 605/46.22) (from Ch. 127, par. 46.22) 21 Sec. 605-15. Cooperation with other departments, 22 agencies, and institutions.46.22.To cooperate with other 23 departments, agencies, and institutions of this State in the 24 collecting and assembling of information and to enter into 25 agreements with thosesuch otherdepartments, agencies, and 26 institutions, uponsuchterms that areas may bemutually 27 agreed upon, to have conductedsuchstudies and research that 28conductedasmay be necessary and proper. 29 (Source: Laws 1965, p. 1958.) 30 (20 ILCS 605/605-20 new) 31 (was 20 ILCS 605/46.29) (from Ch. 127, par. 46.29) HB0236 Engrossed -129- LRB9100031DJcdA 1 Sec. 605-20. Charges; gifts and grants; Economic Research 2 and Information Fund.46.29.3 (a) To establish and collect charges and to accept 4 gifts, grants, awards, matching contributions, financial 5 participations, and cost sharings from individuals, 6 businesses, governments, and other third party sources, on 7suchterms and conditions thatasthe Director deems 8 advisable, for any or all of the following purposes: 9 (1) Preparing, producing, and disseminating 10 economic research material and information in various 11 formats and media. 12 (2) Preparing, producing, and disseminating 13 economic development strategies and planning products 14 prepared as a guidance of the Illinois economy. 15 (3) Planning, facilitating, entering into, and 16 conducting public, private, or both public and private 17 sector partnerships and other joint venture economic 18 research, strategic planning, and pilot,and 19 demonstration projects that have as their purpose 20 fostering increased understanding of the Illinois economy 21 and the development, evaluation, and implementation of 22 policies and strategies to foster economic growth. 23 (4) Planning, facilitating, and conducting 24 information dissemination and training outreach 25 conferences, workshops, symposia, and award recognition 26 ceremonies. 27 (b) The Economic Research and Information Fund is 28 created as a special fund in the State treasury, and all 29 monies received pursuant to this Section shall be deposited 30 into that Fund. Monies in the Economic Research and 31 Information Fund may be expended for purposes consistent with 32 the conditions under which those monies are received, subject 33 to appropriations made by the General Assembly for those 34 purposes. HB0236 Engrossed -130- LRB9100031DJcdA 1 (Source: P.A. 88-407.) 2 (20 ILCS 605/605-25 new) 3 (was 20 ILCS 605/46.30a) (from Ch. 127, par. 46.30a) 4 Sec. 605-25. Charges, gifts, and grants for promotional 5 products and services; International and Promotional Fund. 646.30a.7 (a) To establish, levy, and collect fees and charges and 8 accept gifts, grants, and awards from other governmental 9 entities, for profit organizations, and nonprofit 10 associations in association with or as consideration for the 11 provision of various promotional products and services 12 through its tourism, films production promotion, and 13 international business promotion programs. The Director may 14 establish and collect nominal charges for premiums and other 15 promotional materials produced or acquired as part of the 16 Department's activities authorized under the Illinois 17 Promotion Act from individuals and not-for-profit 18 organizations intending to use thosesuchpremiums and 19 promotional materials for purposes consistent with the 20 provisions of the Illinois Promotion Act, provided, however, 21 that other State agencies shall be charged no more than the 22 cost of the premium or promotional material to the 23 Department. 24 (b) The Director may collect cost reimbursement monies 25 from films and media production entities for police and 26 related production security services in amounts determined by 27 the provider of thesuchsecurity services and agreed to by 28 the production entity. TheSuchreimbursements shallonly29 result only from the agreed costs of planned police and 30 security services to be rendered to film and media production 31 sites in the State of Illinois. 32 (c) The Director may establish and collect cost-sharing 33 assessments and fees and accept gifts, grants, and awards HB0236 Engrossed -131- LRB9100031DJcdA 1 from private businesses, trade associations, other 2 governmental entities, and individuals desiring to 3 participate in and support the development and conduct of 4 overseas trade, catalog, and distributor shows and activities 5 and to purchase informational materials to foster export 6 sales of Illinois products and services as part of the 7 Department's international business programs. 8 (d) All money received pursuant to this Section shall be 9 deposited intointhe International and Promotional Fund 10 within the State treasury which is hereby created; monies 11 within thesuchFund shall be appropriated only for 12 expenditure pursuant to this Section. 13 (Source: P.A. 90-26, eff. 7-1-97.) 14 (20 ILCS 605/605-30 new) 15 (was 20 ILCS 605/46.41) (from Ch. 127, par. 46.41) 16 Sec. 605-30. State and federal programs, grants, and 17 subsidies.46.41.The Department shall use thesuchState and 18 federal programs, grants, and subsidies thatasare available 19 to assist in the discharge of the provisions of the Civil 20 Administrative Code of Illinoisthis Act. 21 (Source: P.A. 81-1509.) 22 (20 ILCS 605/605-35 new) 23 (was 20 ILCS 605/46.43) (from Ch. 127, par. 46.43) 24 Sec. 605-35. Federal moneys for general administration; 25 Intra-Agency Services Fund.46.43.Moneys recovered from 26 federal programs for general administration that are received 27 by the Departmentof Commerce and Community Affairsshall be 28 deposited into a separate fund in the State treasury to be 29 known as the Intra-Agency Services Fund. 30 (Source: P.A. 86-1175; 87-130; 87-1177.) 31 (20 ILCS 605/605-40 new) HB0236 Engrossed -132- LRB9100031DJcdA 1 (was 20 ILCS 605/47.2) (from Ch. 127, par. 47.2) 2 Sec. 605-40. State Technical Services Act Fund.47.2.The 3 following funds collected and received by the Departmentof4Commerce and Community Affairsshall be paid to the State 5 Treasurer for deposit in the State Technical Services Act 6 Fund outside the State Treasury: 7 (1)(a)Funds received or collected from the 8 federal government to defray the cost of programs and 9 activities conducted under the State Technical Services 10 Act of 1965, Public Law 89-182,as now and hereafter11amended,or under any other Act of Congress by which 12 federal funds are made available for thosesuchpurposes. 13, and14 (2)(b)Funds received or collected from colleges, 15 universities, nonprofit organizations, or other 16 participants in programs and activities conducted under 17 Section 605-37046.28. 18 All disbursements from thesuchFund shall be made only 19 upon warrants of the State Comptroller drawn upon the State 20 Treasurer as custodian of the fund upon vouchers signed by 21 the Directorof Commerce and Community Affairsor by the 22 person or persons designated by the Directorhimfor that 23suchpurpose. The Comptroller is authorized to draw thesuch24 warrant upon vouchers so signed. The State Treasurer shall 25 accept all warrants so signed and shall be released from 26 liability for all payments made on those warrantsthereon. 27 (Source: P.A. 81-1509.) 28 (20 ILCS 605/605-50 new) 29 (was 20 ILCS 605/46.51) (from Ch. 127, par. 46.51) 30 Sec. 605-50. Expenditures for purposes of Build Illinois 31 Act.46.51.To expend appropriations for the purposes 32 contained in the Build Illinois Act, enacted by the 84th33General Assembly. HB0236 Engrossed -133- LRB9100031DJcdA 1 (Source: P.A. 84-109.) 2 (20 ILCS 605/605-55 new) 3 (was 20 ILCS 605/46.21) (from Ch. 127, par. 46.21) 4 Sec. 605-55. Contracts and other acts to accomplish 5 Department's duties.46.21.To make and enter into contracts, 6 including but not limited to making grants and loans to those 7 units of local government and non-profit corporations 8 specified by the General Assembly pursuant to appropriations 9 by the General Assembly from the Build Illinois Bond Fund and 10 the Build Illinois Purposes Fund, and generally to do all 11suchthings thatas, in its judgment, may be necessary, 12 proper, and expedient in accomplishing its duties. 13 (Source: P.A. 85-288.) 14 (20 ILCS 605/605-65 new) 15 (was 20 ILCS 605/46.52) (from Ch. 127, par. 46.52) 16 Sec. 605-65. Grants under Gang Control Grant Act.46.52.17 To award grants to community-based groups, as defined in the 18 Gang Control Grant Act"An Act to provide for grants to19community groups and to assist local government programs for20gang control, amending certain Acts therein named", veto21overridden October 31, 1985. 22 (Source: P.A. 84-1308; 84-1400; 84-1438.) 23 (20 ILCS 605/605-75 new) 24 (was 20 ILCS 605/46.53) (from Ch. 127, par. 46.53) 25 Sec. 605-75.46.53.Keep Illinois Beautiful. 26 (a) There is created the Keep Illinois Beautiful Program 27 Advisory Board consisting of 7 members appointed by the 28 Governor with the advice and consent of the Senate. Of those 29 7, 4 shall be appointed from a list of at least 10 names 30 submitted by the boards of directors from the various 31 certified community programs. Each certified community HB0236 Engrossed -134- LRB9100031DJcdA 1 program may submit only one recommendation to be considered 2 by the Governor. The Lieutenant Governor or his or her 3 designee shall be a member and serve as Chairman, except that 4 (i) when Section 6 of Article V of the Illinois Constitution 5 is operative the officer next in line of succession shall 6 serve as Chairman and (ii) until January 11, 1999, while the 7 office of Lieutenant Governor is otherwise vacant, the powers 8 and duties of the Lieutenant Governor under this Section 9 shall be carried out as provided in Section 67.35 of the 10 Civil Administrative Code of Illinois (renumbered; now 11 Section 405-500 of the Department of Central Management 12 Services Law, 20 ILCS 405/405-500). The Board shall meet at 13 least quarterly at the discretion of the Chairman and at such 14 other times as the Chairman or any 4 members consider 15 necessary. Four members shall constitute a quorum. 16 (b) The purpose of the Board shall be to assist local 17 governments and community organizations in: 18 (1) Educating the public about the need for 19 recycling and reducing solid waste.;20 (2) Promoting the establishment of recycling and 21 programs that reduce litter and other solid waste through 22 re-use and diversion.;23 (3) Developing local markets for recycled products. 24;25 (4) Cooperating with other State agencies and with 26 local governments having environmental responsibilities.;2728 (5) Seeking funding from governmental and 29 non-governmental sources. 30 (c) The Lieutenant Governor shall employ and fix the 31 salary of a Statewide coordinator who, to the extent 32 possible, shall assist local governments and community 33 organizations that plan to implement programs set forth in 34 subsection (b). The Board shall establish guidelines for the HB0236 Engrossed -135- LRB9100031DJcdA 1 certification by the Board of local governments and community 2 organizations. TheSuchguidelines shall be approved by a 3 majority of the members of the Board. 4 The Statewide coordinator may encourage local governments 5 and community organizations to apply for certification of 6 programs by the Board. However, the Statewide coordinator 7 shall give equal consideration to newly certified programs 8 and older certified programs. 9 The Statewide coordinator shall submit proposed programs 10 to the Board. The Board shall approve program proposals by a 11 majority vote of the quorum present. In no event shall the 12 Board veto a program by a vote of fewer than 4 members. A 13 vetoed proposal may be resubmitted to the Board by the 14 Statewide coordinator after necessary changes in the proposal 15 have been made. 16 (d) The Keep Illinois Beautiful Fund is created as a 17 special fund in the State treasury. Moneys from any public 18 or private source may be deposited into the Keep Illinois 19 Beautiful Fund. Moneys in the Keep Illinois Beautiful Fund 20 shall be appropriated only for the purposes of this Section. 21 Pursuant to action by the Board, the Lieutenant Governor may 22 authorize grants from moneys appropriated from the Keep 23 Illinois Beautiful Fund for certified community based 24 programs for up to 50% of the cash needs of the program; 25 provided, that at least 50% of the needs of the program shall 26 be contributed to the program in cash, and not in kind, by 27 local sources. 28 Moneys appropriated for certified community based 29 programs in municipalities of more than 1,000,000 population 30 shall be itemized separately and may not be disbursed to any 31 other community. 32 (Source: P.A. 90-609, eff. 6-30-98.) 33 (20 ILCS 605/605-85 new) HB0236 Engrossed -136- LRB9100031DJcdA 1 (was 20 ILCS 605/46.11) (from Ch. 127, par. 46.11) 2 Sec. 605-85. Personnel.46.11.To obtain and employ, 3 pursuant tothe provisions ofthe"Personnel Code", as4heretofore or hereafter amended, thesuchtechnical, 5 clerical, stenographic, and other administrative personnel 6 that areand make such expenditures within the appropriations7therefor as may benecessary to carry out the purposes of the 8 Civil Administrative Code of Illinois and to make 9 expenditures for that purpose within the appropriations for 10 that purposethis Act. 11 (Source: Laws 1965, p. 1958.) 12 (20 ILCS 605/605-95 new) 13 (was 20 ILCS 605/46.42) (from Ch. 127, par. 46.42) 14 Sec. 605-95. Rules and regulations.46.42.The Department 15 hasshall havethe power to make thesuchrules and 16 regulationsas may benecessary to carry out its duties. 17 (Source: P.A. 81-1509.) 18 (20 ILCS 605/605-100 new) 19 (was 20 ILCS 605/46.33) (from Ch. 127, par. 46.33) 20 Sec. 605-100. Transfer from Department of Business and 21 Economic Development.46.33.To assume the rights, powers, 22 duties, and responsibilities of the former Department of 23 Business and Economic Development. Personnel, books, 24 records, property, and funds pertaining to thesaidformer 25 Department of Business and Economic Development are 26 transferred to the Department, but any rights of employees or 27 the State under the"Personnel Code"or any other contract or 28 plan shall be unaffected by this transferhereby. 29 (Source: P.A. 81-1509.) 30 (20 ILCS 605/605-105 new) 31 (was 20 ILCS 605/46.35) (from Ch. 127, par. 46.35) HB0236 Engrossed -137- LRB9100031DJcdA 1 Sec. 605-105. Transfer from Department of Local 2 Government Affairs.46.35.3 (a) To assume all rights, powers, duties, and 4 responsibilities of the former Department of Local Government 5 Affairs not pertaining to its property taxation related 6 functions. Personnel, books, records, property and funds 7 pertaining to thosesuchnon-taxation related functions are 8 transferred to the Department, but any rights of employees or 9 the State under the "Personnel Code" or any other contract or 10 plan shall be unaffected by this transferhereby. 11 (b) After August 31, 1984 (the effective date of Public 12this amendatoryAct 83-1302)of 1984, the power, formerly 13 vested in the Department of Local Government Affairs,and 14 transferred to the Department of Commerce and Community 15 Affairs, to administer the distribution of funds from the 16 State treasury to reimburse counties,where State penal 17 institutions are located,for the payment of assistant 18 State's Attorneys' salaries under Section 7 of "An act 19 concerning fees and salaries, and to classify the several 20 counties of this state with reference thereto", approved 21 March 29, 1872, as amended (repealed; now Section 4-2001 of 22 the Counties Code, 55 ILCS 5/4-2001), shall be vested in the 23 Department of Corrections pursuant to Section 3-2-2 of the 24 Unified Code of Corrections. 25 (Source: P.A. 83-1302.) 26 (20 ILCS 605/605-110 new) 27 (was 20 ILCS 605/46.34) (from Ch. 127, par. 46.34) 28 Sec. 605-110. Transfer from Governor's Office of Manpower 29 and Human Development.46.34.To assume the rights, powers, 30 duties, and responsibilities of the Governor's Office of 31 Manpower and Human Development. Personnel, books, records, 32 property, and funds pertaining to the Governor's Office of 33 Manpower and Human Development are transferred to the HB0236 Engrossed -138- LRB9100031DJcdA 1 Department, but any rights of employees or the State under 2 the"Personnel Code"or any other contract or plan shall be 3 unaffected by this transferhereby. 4 (Source: P.A. 81-1509.) 5 (20 ILCS 605/605-115 new) 6 (was 20 ILCS 605/46.36) (from Ch. 127, par. 46.36) 7 Sec. 605-115. Transfer from State Housing Board and 8 Department of Business and Economic Development.46.36.In 9 addition to the duties and powers imposed elsewhere in the 10 Civil Administrative Code of Illinoisthis Act, the 11 Department has the following powers: 12 (1) To exercise the rights, powers, and duties 13 vested by law in the State Housing Board under the"An14Act in relation toHousing Authorities Act.," approved15March 19, 1934, as heretofore or hereafter amended;16 (2) To exercise the rights, powers, and duties 17 vested by law in the State Housing Board under the 18 Housing Cooperation Law."An Act in relation to aid of19housing projects and cooperation with housing authorities20and the Federal government by municipal corporations,21political subdivisions and other public bodies of this22state," filed July 13, 1937, as heretofore or hereafter23amended;24 (3) To exercise the rights, powers, and duties 25 vested by law in the State Housing Board under"An Act to26facilitatethe Housing Development and Construction Act. 27of housing, to provide governmental assistance therefor,28and to repeal an Act herein named," approved July 2,291947, as heretofore or hereafter amended;30 (4) To exercise the rights, powers, and duties 31 vested by law in the State Housing Board under the 32"Blighted Areas Redevelopment Act of 1947.", approved33July 2, 1947, as heretofore or hereafter amended;HB0236 Engrossed -139- LRB9100031DJcdA 1 (5) To exercise the rights, powers, and duties 2 vested by law in the State Housing Board under the 3"Blighted Vacant Areas Development Act of 1949.," filed4August 13, 1949, as heretofore or hereafter amended;5 (6) To exercise the rights, powers, and duties 6 vested by law in the State Housing Board under the Urban 7 Community Conservation Act."An Act in relation to the8conservation of urban residential areas and the9prevention of slums and to define the rights, powers and10duties of municipalities in connection therewith,"11approved July 13, 1953, as heretofore or hereafter12amended;13 (7) To exercise the rights, powers, and duties 14 vested by law in the State Housing Board under the"Urban 15 Renewal Consolidation Act of 1961.," approved August 15,161961, as heretofore or hereafter amended;17 (8) To exercise the rights, powers, and duties 18 vested by law in the State Housing Board under the 19 Redevelopment Project Rehousing Act."An Act in relation20to rehousing persons residing in the areas of21redevelopment projects undertaken pursuant to the22"Blighted Areas Redevelopment Act of 1947" enacted by the23Sixty-fifth General Assembly, and to provide for state24and municipal contributions therefor," approved July 2,251947, as heretofore or hereafter amended;26 (9) To exercise the rights, powers, and duties 27 vested by law in the State Housing Board under the State 28 Housing Act."An Act in relation to housing," approved29July 12, 1933, as heretofore or hereafter amended;30 (10) To exercise the rights, powers, and duties 31 vested by law in the State Housing Board under the 32"Illinois Housing Development Act.", approved July 24,331967, as heretofore or hereafter amended;34 (11) To exercise the rights, powers, and duties HB0236 Engrossed -140- LRB9100031DJcdA 1 which had been vested by law in the Department of 2 Business and Economic Development under Sections 46.7 3 (renumbered; now Section 605-200 of this Law; 20 ILCS 4 605/605-200), 46.8 (repealed), 46.23 (repealed), and 47.1 5 (repealed) of"the Civil Administrative Code of Illinois, 6" approved March 7, 1917, as heretofore or hereafter7amended,previous to August 29, 1969.;8 (12) To exercise the rights, powers, and duties 9 which have been vested by law in the State Housing Board 10 under Section 6b-3 of the"An Act in relation toState 11 Finance Act.," approved June 10, 1919, as heretofore and12hereafter amended;13(13)The Department shall render assistance and,advice 14 to and take action affecting local governments only upon 15 request of a local government, except as otherwise provided 16 by the powers and duties transferred to the Department by 17 this Section. 18 (Source: P.A. 82-1057.) 19 (20 ILCS 605/605-200 new) 20 (was 20 ILCS 605/46.7) (from Ch. 127, par. 46.7) 21 Sec. 605-200. Official State planning agency.46.7.To 22 act as the official State planning agency,and to accept and 23 use planning grants or other financial assistance from the 24 federal government (1) for statewide comprehensive planning 25 work including research and coordination activity directly 26 related to urban needs;and (2) for State and inter-state 27 comprehensive planning and research and coordination activity 28 related thereto. All such grants shall be subject to the 29 terms and conditions prescribed by the federal government. 30 (Source: P.A. 76-1158.) 31 (20 ILCS 605/605-205 new) 32 (was 20 ILCS 605/46.39) (from Ch. 127, par. 46.39) HB0236 Engrossed -141- LRB9100031DJcdA 1 Sec. 605-205. Planning; coordination with local and 2 regional entities; Urban Planning Assistance Fund.46.39.The 3 Department shall provide for liaison between the State and 4 regional and local planning agencies and departments; perform 5suchstate-wide planning asisprovided by law; provide 6 assistance, counsel, and advice to local and regional 7 planning agencies when so requested; and conduct research 8 into local government problems as ordered by the Director. In 9 performing this responsibility the Department shall have the 10 power and duty to do the following: 11 (1)(a)Exercise the rights, powers, and duties provided 12 in paragraphsub-paragraph(11) of Section 605-115.46.36 of13this Act;14 (2)(b) ToAccept and use planning grants or other 15 financial assistance from the federal government, either 16 directly or in receipt from the official State planning 17 agency, in aid,or for the provision of planning assistance 18 (including surveys, land use studies, urban renewal plans, 19 technical services, and other planning work, but excluding 20 plans for specific public works): (i)(1)to municipalities 21 and counties; (ii)(2)to any group of adjacent communities, 22 incorporated or unincorporated, having common or related 23 urban planning problems resulting from rapid urbanization; 24 (iii)(3)to coordinate planning activities directly related 25 to urban needs; (iv)(4)for official governmental planning 26 agencies where rapid urbanization has resulted or is expected 27 to result from the establishment of rapid and substantial 28 expansion of a federal installation; and (v)(5)to study and 29 offer assistance for rural planning.;30 (3)(c) ToApprove applicants and project plans for 31 loans or grants to local, regional, or area groups, 32 associations, or other agencies thatwhichqualify for 33 assistance underTitle42 U.S.C.United States Code Sections34 3161, et seq. and any subsequent federal or State legislation HB0236 Engrossed -142- LRB9100031DJcdA 1 whose purpose is to assist economically distressed or 2 depressed areas;,and, for and in behalf of this State,to3 accept, receive, and receipt for federal monies, for and in4behalf of the State,given by the federal government under 5 any federal law to this State for economic redevelopment, 6 assistance, surveys, or programs.;7 (4)(d) ToCooperate with civic groups and local, State, 8 and federal planning and development agencies.;9 (5)(e) ToAuthorize counties, cities, and other local 10 governmental units to enter into agreements, not in conflict 11 with any law of the State of Illinois, with appropriate 12 governmental units of an adjoining state or states for 13 cooperative efforts and mutual assistance in the 14 comprehensive planning for the physical growth and 15 development of metropolitan or other urban areas, provided 16 thatsuchcooperation has been authorized by the adjoining 17 state or states.;18 (6)(f) ToProvide that in an orderly mannerthatthe 19 following funds collected and received by the Department 20 shall be paid over to the State Treasurer for deposit in a 21 separate fund hereinafter provided for in this Section: (i) 22(a)funds received or collected from municipalities and 23 counties and from any groups of adjacent communities pursuant 24 to this Section and (ii)(b)funds received or collected from 25 the federal government to defray the cost for planning of 26 thosesuchprojects pursuant to the"Federal Housing Act of 27 1954", as amended,or under any other Act of Congress by 28 which federal funds may be made available for thosesuch29 purposes. Any such funds so collected or received shall be 30 paid or turned over to and shall be held by the State 31 Treasurer as ex officio custodian thereof, separate and apart 32 from all public monies and funds of this State, and shall be 33 known as the"Urban Planning Assistance Fund, which shall" to34be administered by the Department. All disbursements from HB0236 Engrossed -143- LRB9100031DJcdA 1 thesuchFund shall be made only upon warrants of the State 2 Comptroller drawn upon the State Treasurer as custodian of 3 the fund upon vouchers signed by the Directorof Commerce and4Community Affairsor by the person or persons designated by 5 the Directorhimfor thatsuchpurpose. The Comptroller is 6 authorized to draw thesuchwarrant upon vouchers so signed. 7 The State Treasurer shall accept all warrants so signed and 8 shall be released from liability for all payments made on 9 those warrantsthereon. 10 (7)(g) ToProvide coordination between state-wide plans 11 and plans of municipalities, counties, and regional planning 12 agencies.;13 (8)(h) ToCollect, organize, and disseminate 14 information on all matters pertaining to local government.;15 (9)(i) ToMake studies concerning local government 16 boundary problems; provide advice and assistance to local 17 governments on boundary questions; and performsuchother 18 services related to local government boundary questions that 19asthe Director orders.shall order;20 (10)(j) ToCooperate with the Governor, other State 21 departments and agencies, and local planning agencies in the 22 preparation of state-wide plans relating to housing, 23 redevelopment, urban renewal, rural development, andsuch24 other matters thatasthe Director orders.shall order;25 (11)(k) ToDoany andall things necessary to make the 26 Civil Administrative Code of Illinoisthis Acteffective. 27 (Source: P.A. 83-333.) 28 (20 ILCS 605/605-210 new) 29 (was 20 ILCS 605/46.9) (from Ch. 127, par. 46.9) 30 Sec. 605-210. Cooperation with civic groups and planning 31 and development agencies.46.9.To cooperate with civic 32 groups and local, State, and federal planning and development 33 agencies. HB0236 Engrossed -144- LRB9100031DJcdA 1 (Source: Laws 1965, p. 1958.) 2 (20 ILCS 605/605-300 new) 3 (was 20 ILCS 605/46.2) (from Ch. 127, par. 46.2) 4 Sec. 605-300. Economic development plans.46.2To 5 formulate plans for the economic development of the State of 6 Illinois. 7 (Source: Laws 1965, p. 1958.) 8 (20 ILCS 605/605-305 new) 9 (was 20 ILCS 605/46.44) (from Ch. 127, par. 46.44) 10 Sec. 605-305. Economic development strategy.46.44.By no 11 later than February 1, 1984, the Department shall prepare an 12 economic development strategy for Illinois for the year 13 beginning on July 1, 1984 and ending on June 30, 1985, and 14 for the 4fouryears next ensuing. By no later than February 15 1, 1985 and annually thereafter, the Department shall make 16 modifications to thein sucheconomic development strategy 17 for the 4fouryears beginning on the next ensuing July 1 as 18 thosesuchmodifications are warranted by changes in economic 19 conditions,or by other factors, including changes in policy, 20 and shall prepare an economic development strategy for the 21 fifth year beginning after the next ensuing July 1. 22 In preparing thesuchstrategy and in making 23 modifications to thesuchstrategy, the Department shall take 24 cognizance of the special economic attributes of the various 25 component areas of the State.(1)The "component areas" 26 shall be determined by the Department after a county by 27 county economic analysis and shall group counties thatwhich28 are close in geographical proximity and share common economic 29 traits. 30(2)The strategy shall recommend specific legislative 31 and administrative action at both the State and area levels 32levelfor promoting sustained economic growth at or above HB0236 Engrossed -145- LRB9100031DJcdA 1 national rates of economic growth, while keeping the rate of 2 unemployment below national levels of unemployment. 3(3)The strategy shall include all of the following: 4 (1)(a)An assessment of historical patterns of 5 economic activity for the State as a whole and by area.;6 (2)(b)Projections of future economic trends for 7 the State as a whole and by areas.; and8 (3)(c)Projections of the State's future 9 educational needs. 10(4)National economic trends and projections shall be 11 considered in the formulation of thesuchState and area 12 projections. All assumptions made in the formulation of the 13suchState and area projections shall be clearly and 14 explicitly set forth. 15(5)The strategy shall identify,for each area those 16 economic characteristics that most likely will influence 17 whether the area will exceed or fall below the rate of 18 overall State economic growth. 19(6)The strategy shall recommend legislative action to 20 be taken to foster and promote economic growth in specific 21 areas, taking into account the resources and economic factors 22 indigenous to thosesuchareas. 23 In preparing the strategy or modifications to the 24 strategythereto, the Department shall consult with State 25 agencies, boards, and commissions whose programs and 26 activities significantly affect economic activity in the 27 State. The heads of thosesuchagencies, boards, and 28 commissions shall provide thesuchassistance to the 29 Department thatasthe Governor deems appropriate. 30(7)The strategy shall be presented to the Governor, the 31 President of the Senate, the Speaker of the House of 32 Representatives, the minority leader of each house of the 33 General Assembly, the chairman of the Commission on 34 Intergovernmental Cooperation, the chairman of the Economic HB0236 Engrossed -146- LRB9100031DJcdA 1 and Fiscal Commission, and the chairman of the Economic 2 Development Commission on February 1, 1984 and annually 3 thereafter. 4 (Source: P.A. 85-439.) 5 (20 ILCS 605/605-310 new) 6 (was 20 ILCS 605/46.3) (from Ch. 127, par. 46.3) 7 Sec. 605-310. Collecting and assembling information. 846.3.To collect and assemble, or cause to have collected 9 and assembled, information regarding the following: 10 industrial opportunities and possibilities of the State, 11 including raw materials, and products that may be produced 12 therefrom; power and water resources;,transportation 13 facilities; available markets; availability of labor; banking 14 and financial facilities; availability of industrial sites; 15 the advantages of the State as a whole,and particular 16 sections of the Statethereofas industrial, recreational, 17 and tourist locations;and provide information on the18technologies available for businesses to burn Illinois coal19and the feasibility of such systems;andsuchother matters 20asthe Department may deem desirable. To collect and 21 assemble, or cause to have collected and assembled, and 22 provide information on the technologies available for 23 businesses to burn Illinois coal and the feasibility of those 24 systems. 25 (Source: P.A. 89-445, eff. 2-7-96.) 26 (20 ILCS 605/605-315 new) 27 (was 20 ILCS 605/46.17) (from Ch. 127, par. 46.17) 28 Sec. 605-315. Information regarding economic growth. 2946.17.To collect, assemble, and analyze statistics, data, 30 and information regarding the growth and the strengthening of 31 the economy of this State and all of its elements. 32 (Source: Laws 1965, p. 1958.) HB0236 Engrossed -147- LRB9100031DJcdA 1 (20 ILCS 605/605-320 new) 2 (was 20 ILCS 605/46.5) (from Ch. 127, par. 46.5) 3 Sec. 605-320. Encouragement of existing industries.46.54 To encourage the growth and expansion of industries now 5 existing within the State by providing comprehensive business 6 services and promoting interdepartmental cooperation for 7 assistance to industries. 8 (Source: Laws 1965, p. 1958.) 9 (20 ILCS 605/605-325 new) 10 (was 20 ILCS 605/46.19i) (from Ch. 127, par. 46.19i) 11 Sec. 605-325.46.19i.Services network funding program. 12 The Department is authorized to promulgate rules and make 13 grants, subject to appropriation by the General Assembly for 14 this purpose, to colleges, universities, trade associations, 15 non-profit organizations, or consortia of for-profit 16 businesses for research, development, promotion, 17 implementation, or improvement related to or in support of 18 manufacturer or producer services networks or group delivered 19 services and activities. Grants to eligible applicants shall 20 not exceed $100,000. The award shall not exceed 75% of the 21 entire amount of the actual expenditures for the cooperative 22 networks or group delivered services or activity unless that 23 limit is waived by the Director. 24 (Source: P.A. 87-1177.) 25 (20 ILCS 605/605-328 new) 26 (was 20 ILCS 605/47.3) 27 Sec. 605-328.47.3. TheEconomic Development Matching 28 Grants Program. 29 (a) The Department, in its discretion, may establish a 30 program of grants to be matched by economic development 31 entities in the State to finance and promote local economic 32 development. The Department is authorized to make grants, HB0236 Engrossed -148- LRB9100031DJcdA 1 subject to appropriations by the General Assembly for this 2 purpose, from the Economic Development Matching Grants 3 Program Fund, a special fund created in the State treasury, 4 to nonprofit organizations and local units of government 5 whose primary objectives are to promote Illinois communities 6 as sites for industrial and business location and expansion. 7 The goal of the program is to enhance the marketing of 8 Illinois by enabling regions and communities to market 9 themselves and thereby attract new business and industry to 10 the State and enhance the environment of growth for existing 11 business and industry. 12 (b) The applicant's proposed project must have a 13 definable impact on business and industrial attraction, 14 recruitment, or retention. Items eligible for funding 15 consideration include, but are not limited to, specific, 16 time-limited research studies related to industrial and 17 business recruitment or retention, advertising and public 18 relation expenses related to the applicant's proposed 19 project, and production of printed materials and brochures, 20 slide presentations and videotapes, and internet home pages 21 for distribution to those involved in expansion or relocation 22 activities. 23 (c) In determining the recipients of the grants, 24 consideration shall be given to the following factors: 25 (1) Does the project demonstrate collaboration 26 between more than one municipality, county, and region?;27 (2) Does the project demonstrate substantial 28 potential for economic return from an area outside the 29 applicant's region and provide research measurement?;30 (3) Does the project show creativity and good 31 design qualities and appropriately target a specific 32 market?;33 (4) Does the project support the Department's 34 economic development out-of-state marketing efforts?;HB0236 Engrossed -149- LRB9100031DJcdA 1 (5) Is the project a demonstrable part of a 2 long-range marketing or strategic plan?; and3 (6) Are the projected costs for the project 4 well-researched and reasonable?.5 (d) State grant dollars shall be evenly matched by the 6 applicant. 7 (e) Moneys appropriated to the program of grants shall 8 be deposited into the Economic Development Matching Grants 9 Program Fund and shall not lapse into the General Revenue 10 Fund at the end of a fiscal year. 11 (f) The grants made under this Section shall be in 12 addition to any other grant programs currently in place and 13 administered by the Department. 14 (g) The Department shall adopt rules to implement this 15 program. 16 (Source: P.A. 90-660, eff. 7-30-98.) 17 (20 ILCS 605/605-330 new) 18 (was 20 ILCS 605/46.4) (from Ch. 127, par. 46.4) 19 Sec. 605-330. Encouragement of new industries; use of 20 Illinois coal.46.4.To encourage new industrial enterprises 21 to locate in Illinois, by educational promotions pointing out 22 the opportunities of the State as a commercial and industrial 23 field of opportunity,and by solicitation of industrial 24 enterprises, and to encourage new enterprises to use 25 equipment that utilizes Illinois coal. 26 (Source: P.A. 84-741.) 27 (20 ILCS 605/605-335 new) 28 (was 20 ILCS 605/46.4a) (from Ch. 127, par. 46.4a) 29 Sec. 605-335. Incentives to foreign firms.46.4a.30 (a) For purposes of this Section:,31 "Foreign firm" meansshall meanany industrial or 32 manufacturing enterprise that is domiciled in a nation other HB0236 Engrossed -150- LRB9100031DJcdA 1 than the United States. 2 "Incentives" meansshall meana loan or grant or 3 offering, abatement, reduction, or deferral of any tax or 4 regulation imposed by the State of Illinois or a unit of 5 local government when the aggregate total of all thosesuch6 incentives will exceed $10,000. 7 (b) Whenever the Department offers incentives to a 8 foreign firm designed to result in the location or relocation 9 of a facility in this State thatwhichwill result in the 10 creation of more than 25 new jobs, the Department shall 11 prepare an economic impact study prior to the consummation of 12 an agreement with the foreign firm. An economic impact study 13 pursuant to this Section shall, if practical, include but 14 not be limited to the following: 15 (1) An analysis of the number of direct jobs to be 16 created, the number of indirect jobs to be created, and 17 the net gain in employment in relation to jobs to be 18 potentially lost by other similar and competing firms 19 within the industry located within this State.;20 (2) The effect on local and regional competition 21 within the industry from the industry or business to be 22 located or relocated.;23 (3) The degree of economic benefits of awarding the 24 same incentives to similar and existing industries or 25 businesses located within the State.;26 (4) An examination of how the location or 27 relocation of the foreign firm complements existing 28 industries or businesses located within this State.; and29 (5) The relationship of the fiscal costs to the 30 State or unit of local government resulting from the 31 incentives relative to the fiscal return to the State or 32 units of local government derived from the location or 33 relocation of the firm. 34 (c) A report of any economic impact studies prepared by HB0236 Engrossed -151- LRB9100031DJcdA 1 the Department in the previous 3 months pursuant to this 2 Section shall be transmitted to the Governor, members of the 3 General Assembly, and the Illinois Economic and Fiscal 4 Commission quarterly. In addition to the report, the 5 Department shall include a statement of incentives subject to 6 the agreement with the foreign firm, the name and type of 7 foreign firm involved and a description of its business or 8 industrial activity, the proposed location of the foreign 9 firm, and a statement describing the rationale for the 10 location relative to other locations within the State. The 11 Illinois Economic and Fiscal Commission shall evaluate each 12 report received from the Department and present the 13 evaluation and report to the Commission members and 14 legislative leaders within 30thirtydays upon receipt of 15 each report from the Department. 16 (Source: P.A. 86-820.) 17 (20 ILCS 605/605-340 new) 18 (was 20 ILCS 605/46.54) (from Ch. 127, par. 46.54) 19 Sec. 605-340. Expenses of moving machinery or equipment. 2046.54.The Department shall annually include in the existing 21 Community Development Assistance set-aside program,monies 22 for moving expenses as an allowable activity. TheSuchgrants 23 for moving expenses shall be for costs associated with the 24 relocation of manufacturing machinery or equipment from 25 another state or territory into Illinois or from one location 26 in Illinois to another location in Illinois. No grant shall 27 be made until the machinery or equipment has been relocated 28 and installed. Grants shall be limited to thethose29 machinery or equipment actually transported and installed. 30 No single grant shall exceed $100,000. 31 (Source: P.A. 84-1308.) 32 (20 ILCS 605/605-345 new) HB0236 Engrossed -152- LRB9100031DJcdA 1 (was 20 ILCS 605/46.67) 2 Sec. 605-345.46.67.Pollution control industry 3 incentives. The Departmentof Commerce and Community Affairs4 shall examine policies and incentives that will attract 5 industries involved in the design, development, and 6 construction of pollution control devices and shall implement 7 those policies and incentives that the Department determines 8 will attract those businesses. 9 (Source: P.A. 88-339; 88-670, eff. 12-2-94.) 10 (20 ILCS 605/605-350 new) 11 (was 20 ILCS 605/46.12) (from Ch. 127, par. 46.12) 12 Sec. 605-350. Science and research facilities.46.12.To 13 encourage the locating in Illinois of scientific and research 14 development laboratories, industrial parks, and facilities 15 and to cooperate with colleges, universities, non-profit 16 professional societies, and governmental agencies to 17 encourage the development and maximum utilization of science 18 and research facilities. 19 (Source: Laws 1965, p. 1958.) 20 (20 ILCS 605/605-355 new) 21 (was 20 ILCS 605/46.19a, subsec. (2)) (from Ch. 127, par. 22 46.19a) 23 Sec. 605-355. Grants for research and development in 24 high technology and service sectors. 25 (a)(2)The Department is authorized to establish a 26 program of grants to universities, community colleges, 27 research institutions, research consortiums, other 28 not-for-profit entities, and Illinois businesses for the 29 purpose of fostering research and development in the high 30 technology and the service sector leading to the development 31 of new products and services that can be marketed by Illinois 32 businesses. All grant awards shall include a contract that HB0236 Engrossed -153- LRB9100031DJcdA 1whichmay provide for payment of negotiated royalties to the 2 Department if the product or service to be developed by the 3 grantee is subsequently licensed for production. 4 (b)(a)Grants may be awarded to universities and 5 research institutions to assist them in making their 6 faculties and facilities available to Illinois businesses. 7 TheSuchgrants may be used by a university or research 8 institution for purposes,including but not limited to the 9 followingpurposes: (i) to establish or enhance computerized 10 cataloging of all research labs and university staff and make 11 thosesuchcatalogues available to Illinois businesses; (ii) 12 to market products developed by the university to Illinois 13 businesses; (iii) to review publications in order to 14 identify, catalog, and inform Illinois businesses of new 15 practices in areas such as robotics and,biotechnology; (iv) 16 to build an on-line, information and technology system that 17 relies on other computerized networks in the United States; 18 and (v) to assist in securing temporary replacement for 19 faculty who are granted a leave of absence from their 20 teaching duties for the purpose of working full-time for an 21 Illinois business to assist that business with technology 22 transfer. 23 (c)(b)Grants may be awarded to universities and 24 research institutions, research consortiums, and other 25 not-for-profit entities for the purpose of identifying and 26 supporting Illinois businesses engaged in high technology and 27 service sector enterprises. TheSuchIllinois businesses 28 identified and funded shall include recipients of Small 29 Business Innovation Research Program funds under subsections 30 (e) through (k) of Section 9 of the Small Business Act.(15 31 U.S.C. 638, subsections (e) through (k)Title 15 United32States Codes, subsections 638(e)-638(k)). Entities receiving 33 grants under this subsection (c)paragraph (b)shall be known 34 as commercialization centers and shall engage in one or more HB0236 Engrossed -154- LRB9100031DJcdA 1 of the following activities: 2 (1)(i)Directing research assistance for new 3 venture creations.;4 (2)(ii)General feasibility studies of new venture 5 ideas.;6 (3)(iii)Furthering the technical and intellectual 7 skills of the managers and owners of Illinois small 8 businesses.;9 (4)(iv)Commercialization of technology and 10 research.;11 (5)(v)Development of prototypes and testing new 12 products.;13 (6)(vi)Identifyingidentifyand assistingassist14 in securing financing.;15 (7)(vii)Marketing assistance.; and16 (8)(viii)Assisting Illinois inventors in finding 17 Illinois manufacturers to produce and market their 18 inventions. 19 A commercialization center may charge a nominal fee or 20 accept royalty agreements for conducting feasibility studies 21 and other services. 22 (d)(c)Grants may be awarded by the Department to 23 Illinois businesses to fund research and consultation 24 arrangements between businesses and universities, community 25 colleges, research institutions, research consortiums, and 26 other not-for-profit entities within this State. 27 The Department shall give priority to Illinois small 28 businesses in awarding grants. Each grant awarded under this 29 subsection (d)paragraph (c)shall provide funding for up to 30 50% of the cost of the research or consultation arrangements, 31 not to exceed $100,000; provided that the grant recipient 32 utilizes Illinois not for profit research and academic 33 institutions to perform the research and development function 34 for which grant funds were requested. HB0236 Engrossed -155- LRB9100031DJcdA 1 (e)(d)Grants may be awarded to research consortiums 2consortiumand other qualified applicants, in conjunction 3 with private sector or federal funding, for other creative 4 systems that bridge university resources and business, 5 technological, production, and development concerns. 6 (f)(e)For the purposes of this Section:subsection7(2), (i) "Illinois business" means a "small business concern"8as defined in Title 15 United States Code, Section 632, which9primarily conducts its business in Illinois;10(ii)"High technology" means any area of research or 11 development designed to foster greater knowledge or 12 understanding in fields such as computer science, 13 electronics, physics, chemistry, or biology for the purpose 14 of producing designing, developing, or improving prototypes 15 and new processes.;16 "Illinois business" means a "small business concern" as 17 defined in 15 U.S.C. 632 that conducts its business 18 primarily in Illinois. 19 "Illinois research institutions" refers to not-for-profit 20 entities, which include federally funded research 21 laboratories, that conduct research and development 22 activities for the purpose of producing, designing, 23 developing, or improving prototypes and new processes. 24 "Other not-for-profit entities" means nonprofit 25 organizations based in Illinois that are primarily devoted 26 to new enterprise or product development. 27(iii)"Private sector" hasshall havethe meaning 28 ascribed to it inTitle29 U.S.C.United States Code, Section291503.;30(iv)"University" means either a degree granting 31 institution located in Illinois as defined in Section 2 of 32 the Academic Degree Act, or a State-supported institution of 33 higher learning administered by the Board of Trustees of the 34 University of Illinois, the Board of Trustees of Southern HB0236 Engrossed -156- LRB9100031DJcdA 1 Illinois University, the Board of Trustees of Chicago State 2 University, the Board of Trustees of Eastern Illinois 3 University, the Board of Trustees of Governors State 4 University, the Board of Trustees of Illinois State 5 University, the Board of Trustees of Northeastern Illinois 6 University, the Board of Trustees of Northern Illinois 7 University, the Board of Trustees of Western Illinois 8 University, or the Illinois Community College Board.;9(v)"Venture" means any Illinois business engaged in 10 research and development to create new products or services 11 with high growth potential.; (vi) Illinois research12institutions refers to not-for-profit entities, which include13federally-funded research laboratories, that conduct research14and development activities for the purpose of producing,15designing, developing, or improving prototypes and new16processes; and (vii) other not-for-profit entities means17non-profit organizations based in Illinois that are primarily18devoted to new enterprise or product development.19 (g)(f)The Department may establish a program of grant 20 assistance on a matching basis to universities, community 21 colleges, small business development centers, community 22 action agencies and other not-for-profit economic development 23 agencies to encourage new enterprise development and new 24 business formation and to encourage enterprises in this 25 State. The Department may provide grants, which shall be 26 exempt from the provisions ofsubsection (3) of thisSection 27 35-360, to universities, community colleges, small business 28 development centers, community action agencies, and other 29 not-for-profit economic development entities for the purpose 30 of making loans to small businesses. All grant applications 31 shall contain information as required by the Department, 32 including the following: a program operation plan; a 33 certification and assurance that the small business 34 applicants have received business development training or HB0236 Engrossed -157- LRB9100031DJcdA 1 education, have a business and finance plan, and have 2 experience in the proposed business area; and a description 3 of the support services thatwhichthe grant recipient will 4 provide to the small business. No more than 10% of the grant 5 may be used by the grant recipient for administrative costs 6 associated with the grant. Grant recipients may use grant 7 funds under this program to make loans on terms and 8 conditions favorable to the small business and shall give 9 priority to those businesses located in high poverty areas, 10 enterprise zones, or both. 11 (Source: P.A. 89-4, eff. 1-1-96; 89-507, eff. 7-1-97; 90-454, 12 eff. 8-16-97.) 13 (20 ILCS 605/605-360 new) 14 (was 20 ILCS 605/46.19a, subsec. (3)) (from Ch. 127, par. 15 46.19a) 16 Sec. 605-360. Technology Innovation and 17 Commercialization Grants-In-Aid Council.(3)There is 18 created within the Department,a Technology Innovation and 19 Commercialization Grants-in-Aid Council, which shall consist 20 of 2 representatives of the Department of Commerce and 21 Community Affairs, appointed by the Department; one 22 representative of the Illinois Board of Higher Education, 23 appointed by the Board; one representative of science or 24 engineering, appointed by the Governor; two representatives 25 of business, appointed by the Governor; one representative of 26 small business, appointed by the Governor; one representative 27 of the Department of Agriculture, appointed by the Director 28 of Agriculture; and one representative of agribusiness, 29 appointed by the Director of Agriculture. The Director of 30 Commerce and Community Affairs shall appoint one of the 31 Department's representatives to serve as chairman of the 32 Council. The Council members shall receive no compensation 33 for their services but shall be reimbursed for their expenses HB0236 Engrossed -158- LRB9100031DJcdA 1 actually incurred by them in the performance of their duties 2 under this Sectionsubsection. The Department shall provide 3 staff services to the Council. The Council shall provide for 4 review and evaluation of all applications received by the 5 Department undersubsection (2) of thisSection 605-355 and 6 make recommendations on those projects to be funded. The 7 Council shall also assist the Department in monitoring the 8 projects and in evaluating the impact of the program on 9 technological innovation and business development within the 10 State. 11 (Source: P.A. 89-4, eff. 1-1-96; 89-507, eff. 7-1-97; 90-454, 12 eff. 8-16-97.) 13 (20 ILCS 605/605-365 new) 14 (was 20 ILCS 605/46.19a, subsec. (4)) (from Ch. 127, par. 15 46.19a) 16 Sec. 605-365. Technology Innovation and 17 Commercialization Fund.(4)There is hereby created a 18 special fund in the State treasury to be known as the 19 Technology Innovation and Commercialization Fund. The moneys 20 in thesuchFund may be used, subject to appropriation, only 21 for making grants pursuant tosubsection (2) of thisSection 22 605-355 and for the purposes of the Technology Advancement 23 and Development Act. All royalties received by the Department 24 shall be deposited into thein suchFund. 25 (Source: P.A. 89-4, eff. 1-1-96; 89-507, eff. 7-1-97; 90-454, 26 eff. 8-16-97.) 27 (20 ILCS 605/605-370 new) 28 (was 20 ILCS 605/46.28) (from Ch. 127, par. 46.28) 29 Sec. 605-370. Application of science and technology. 3046.28.To accept and use planning grants or other financial 31 assistance from the federal government and from other sources 32 set forth in Section 605-4047.2for support of planning HB0236 Engrossed -159- LRB9100031DJcdA 1 studies and activities, performance of administrative 2 functions, and technical services carried out under the State 3 Technical Services Act of 1965, Public Law 89-182,as now and4hereafter amended,and any subsequent legislation whose 5 purpose is to achieve a wider diffusion and more effective 6 application of science and technology in business, commerce, 7 and industry. To cooperate with colleges, universities, 8 non-profit organizations and associations, and governmental 9 agencies and to sponsor programs and activities designed to 10 encourage wider diffusion and more effective application of 11 science and technology in business, commerce, and industry. 12 (Source: Laws 1968, p. 447.) 13 (20 ILCS 605/605-375 new) 14 (was 20 ILCS 605/46.58) (from Ch. 127, par. 46.58) 15 Sec. 605-375. Undeveloped patents.46.58.To assist in 16 the transfer of undeveloped patents held by institutions of 17 higher education in this State to Illinois technology and 18 business incubators for commercial development and 19 application. 20 (Source: P.A. 85-1209.) 21 (20 ILCS 605/605-380 new) 22 (was 20 ILCS 605/46.60) (from Ch. 127, par. 46.60) 23 Sec. 605-380. Identifying, developing, and 24 commercializing technology.46.60.To cooperate with the 25 Illinois Coalition for the purpose of administering programs 26 the purpose of which is to identify, develop, or 27 commercialize technology or to promote private sector efforts 28 to identify, develop, or commercialize technology. 29 (Source: P.A. 86-618.) 30 (20 ILCS 605/605-385 new) 31 (was 20 ILCS 605/46.62) (from Ch. 127, par. 46.62) HB0236 Engrossed -160- LRB9100031DJcdA 1 Sec. 605-385. Technology Challenge Grant Program; 2 Advanced Technology Investment Program.46.62.To establish 3 and administer a Technology Challenge Grant Program and an 4 Advanced Technology Investment Program as provided by the 5 Technology Advancement and Development Act and to expend 6 appropriations in accordance therewith. 7 (Source: P.A. 86-870; 86-1028.) 8 (20 ILCS 605/605-400 new) 9 (was 20 ILCS 605/46.19c) (from Ch. 127, par. 46.19c) 10 Sec. 605-400. Office of Urban Assistance.46.19c.The 11 Department shall provide for, staff, and administer an Office 12 of Urban Assistance, which shall plan and coordinate existing 13 State programs designed to aid and stimulate the economic 14 growth of depressed urban areas. Among other duties assigned 15 by the Department, the Office shall have the following 16 duties: 17 (1)(a)To coordinate the activities of the 18 following units and programs of the Departmentof19Commerce and Community Affairsand all other present and 20 future units and programs of the Department thatwhich21 impact depressed urban areas to the extent that they 22 impact upon or concern urban economics: 23 (A)(1)Enterprise Zone Program.;24 (B)(2)Small Business Development Center Program.;2526 (C) Programs that(3) Program whichassist in the 27 development of community infrastructure.;28 (D)(4)Illinois House Energy Assistance Program.;29 (E)(5)Illinois Home Weatherization Assistance 30 Program.;31 (F)(6)Programs financed with Community Services 32 Block Grant funds.;33 (G)(7)Industrial Training Program.;HB0236 Engrossed -161- LRB9100031DJcdA 1 (H)(8)Technology Transfer and Innovation Program. 2;3 (I)(9)Rental Rehabilitation Program.;4 (J)(10)Displaced Homemaker Program.; and5 (K)(11)Programs under the federal Job Training 6 Partnership Act. 7 The Office shall convene quarterly meetings of 8 representatives who are designated by the Department to 9 represent the units and programs listed in items (A) 10paragraphs (1)through (K)(11). 11 (2)(b)To gather information concerning any State or 12 federal program thatwhichis designed to revitalize or 13 assist depressed urban areas in the State and to provide this 14 information to public and private entities upon request. 15 (3)(c)To promote and assist in developing urban inner 16 city industrial parks. 17 (4)(d)To promote economic parity and the autonomy of 18 citizens of this State through promoting and assisting the 19 development of urban inner city small business development 20 centers, urban youth unemployment projects, small business 21 incubators, family resource centers, urban developments banks 22 ,;self managed urban businesses, and plans for urban 23 infrastructure projects over the next 25 years. 24 (5)(e)To recommend to the General Assembly and the 25 Governor economic policies for urban areas and planning 26 models that will result in the reconstruction of the economy 27 of urban areas, especially those urban areas where 28 economically and socially disadvantaged people live, to the29General Assembly and the Governor. 30 (6)(f)To make recommendations to the General Assembly 31 and the Governor on the establishment of urban economic 32 policy in the areas of (i)(1)housing, (ii)(2)scientific 33 research, (iii)(3)urban youth unemployment, (iv)(4)34 business incubators and family resource centers in urban HB0236 Engrossed -162- LRB9100031DJcdA 1 inner cities, and (v)(5)alternative energy resource 2 development, and the need thereof, in urban areas as part of 3 the department's 5-yearfive yearplan for economic 4 development. 5 (7)(g)To make any rules and regulations necessary to 6 carry out its responsibilities under the Civil Administrative 7 Code of Illinoisthis Act. 8 (8)(h)To encourage new industrial enterprises to 9 locate in urban areas (i) through educational promotions that 10whichpoint out the opportunities of any such area as a 11 commercial and industrial field of opportunity,and (ii) by 12 the solicitation of industrial enterprises; and to dosuch13 other acts thatas shall, in the judgment of the Office, are 14benecessary and proper in fostering and promoting the 15 industrial development and economic welfare of any urban area 16 ., howeverThe Office, however, shall have no power to 17 require reports from or to regulate any business. 18 (9)(i)To accept grants, loans, or appropriations from 19 the federal government or the State, or any agency or 20 instrumentality thereof, to be used for the operating 21 expenses of the Office,or for any purposes of the Office, 22 including the making of direct loans or grants of thosesuch23 funds for public, private, experimental, or cooperative 24 housing, scientific research, urban inner city industrial 25 parks, urban youth employment projects, business incubators, 26 urban infrastructure development, alternative energy resource 27 development, community facilities needed in urban areas, and 28 any other purpose related to the revitalization of urban 29 areas. 30 (Source: P.A. 84-1090.) 31 (20 ILCS 605/605-405 new) 32 (was 20 ILCS 605/46.5a) (from Ch. 127, par. 46.5a) 33 Sec. 605-405. Jobs and investment in economic development HB0236 Engrossed -163- LRB9100031DJcdA 1 project area.46.5a.To encourage the creation or retention 2 of not less than 2,000 full-time equivalent jobs and that 3 private investment in the amount of not less than 4 $100,000,000 shall occur in an economic development project 5 area as defined in the Economic Development Area Tax 6 Increment Allocation Act: by securing by acquisition, gift, 7 grant, exchange, or purchase the rights of way, easements, 8 andsuchfee simple titles thatasmay be necessary to any 9 and all real property required for site acquisition for use 10 in retaining such industry or business concern; by improving 11 or arranging to improve real property so acquired, including 12 but not limited to local public infrastructure improvements; 13 private structural improvements on the land; and by leasing 14 or conveying thesuchland,or interest in land,so acquired 15 and so improved. 16 For the purpose of this Section, "local public 17 infrastructure improvements" means local roads and streets, 18 access roads, bridges, and sidewalks; waste disposal systems, 19 water and sewer line extensions, water distribution and 20 purification facilities, and sewage treatment facilities; 21 rail or air or water port improvements; gas and electric 22 utility facilities; transit capital facilities; development 23 and improvement of publicly owned industrial and commercial 24 sites; or other public capital improvements thatwhichare an 25 essential precondition to a business retention of that 26 industry or business concern as defined in this Section. 27 (Source: P.A. 86-38.) 28 (20 ILCS 605/605-410 new) 29 (was 20 ILCS 605/46.19d) (from Ch. 127, par. 46.19d) 30 Sec. 605-410. Rural community development.46.19d.The 31 Department shall provide for staff for and administer a 32 program in which the Department shall plan and coordinate 33 State efforts designed to aid and stimulate the development HB0236 Engrossed -164- LRB9100031DJcdA 1 of rural communities as well as other communities with 2 special needs in order to improve their competitiveness for 3 business retention, expansion, and attraction. Among other 4 duties, the Department, through the program, may do all of 5 the following: 6 (1)(a)Provide information, technical support, and 7 assistance to local officials, including, but not limited to, 8 assistance in grant applications, developing economic 9 development strategies, and complying with State and federal 10 laws and rules and regulations affecting local governments. 11 All State agencies shall cooperate with the program to 12 provide the necessary information, materials, and assistance 13 to enable the Department to carry out its function in the 14 program in an effective manner. Each agency shall designate 15 an individual to serve as liaison to the program to provide 16 information and materials and to respond to requests for 17 assistance from communities selecting to work through this 18 program. 19 (2)(b)Work with agencies in developing flexible 20 regulations through a regulatory review program. 21 (3)(c)Evaluate and review the impact of existing 22 economic development programs on the rural and special need 23 communities selecting to work through this program. 24 (4)(d)Assist the communities in conducting 25 self-assessments to identify specific industries and 26 businesses in need of targeted assistance as well as actions 27 that the community might take to become more competitive for 28 business retention, expansion, and attraction. 29 (5)(e)Assist in formulating specific and measurable 30 economic development objectives for rural and special need 31 communities selecting to work through the program. 32 (6)(f)Administer the Rural Diversification Act. 33 (7)(g)Provide grants for the purposes described in 34 this Section with funds as appropriated by the General HB0236 Engrossed -165- LRB9100031DJcdA 1 Assembly. 2 (Source: P.A. 89-262, eff. 8-10-95.) 3 (20 ILCS 605/605-415 new) 4 (was 20 ILCS 605/46.19j) 5 Sec. 605-415.46.19j.Job Training and Economic 6 Development Demonstration Grant Program. 7 (a) Legislative findings. The General Assembly finds 8 that: 9 (1) Despite the large number of unemployed job 10 seekers, many employers are having difficulty matching 11 the skills they require with the skills of workers; a 12 similar problem exists in industries where overall 13 employment may not be expanding but there is an acute 14 need for skilled workers in particular occupations.;15 (2) The State of Illinois should foster local 16 economic development by linking the job training of 17 unemployed disadvantaged citizens with the workforce 18 needs of local business and industry.; and19 (3) Employers often need assistance in developing 20 training resources that will provide work opportunities 21 for disadvantaged populations. 22 (b) Definitions. As used in this Section: 23 "Community based provider" means a not-for-profit 24 organization, with local boards of directors, that directly 25 provides job training services. 26 "Disadvantaged persons" has the same meaning asthe term27is definedin Titles II-A and II-C of the federal Job 28 Training Partnership Act. 29 "Training partners" means a community-based provider and 30 one or more employers who have established training and 31 placement linkages. 32 (c) From funds appropriated for that purpose, the 33 Department of Commerce and Community Affairs shall administer HB0236 Engrossed -166- LRB9100031DJcdA 1 a Job Training and Economic Development Demonstration Grant 2 Program. The Director shall make not less than 12 and not 3 more than 20 demonstration project grants to community-based 4 providers. The grants shall be made to support the 5 following: 6 (1) Partnerships between community-based providers 7 and employers for the customized training of existing 8 low-skilled, low-wage employees and newly hired 9 disadvantaged persons.; and10 (2) Partnerships between community-based providers 11 and employers to develop and operate training programs 12 that link the work force needs of local industry with the 13 job training of disadvantaged persons. 14 (d) For projects created under paragraph (1) of 15 subsection (c): 16 (1) The Department shall give a priority to 17 projects that include an in-kind match by an employer in 18 partnership with a community-based provider and projects 19 that use instructional materials and training instructors 20 directly used in the specific industry sector of the 21 partnership employer.; and22 (2) The partnership employer must be an active 23 participant in the curriculum development, employ under 24 250 workers, and train primarily disadvantaged 25 populations. 26 (e) For projects created under paragraph (2) of 27 subsection (c): 28 (1) Community based organizations shall assess the 29 employment barriers and needs of local residents and work 30 in partnership with local economic development 31 organizations to identify the priority workforce needs of 32 the local industry.;33 (2) Training partners,(that is, community-based 34 organizations and employers),shall work together to HB0236 Engrossed -167- LRB9100031DJcdA 1 design programs with maximum benefits to local 2 disadvantaged persons and local employers.;3 (3) Employers must be involved in identifying 4 specific skill-training needs, planning curriculum, 5 assisting in training activities, providing job 6 opportunities, and coordinating job retention for people 7 hired after training through this program and follow-up 8 support.; and9 (4) The community-based organizations shall serve 10 disadvantaged persons, including welfare recipients. 11 (f) The Department shall adopt rules for the grant 12 program and shall create a competitive application procedure 13 for those grants to be awarded beginning in fiscal year 1998. 14 Grants shall be based on a performance based contracting 15 system. Each grant shall be based on the cost of providing 16 the training services and the goals negotiated and made a 17 part of the contract between the Department and the training 18 partners. The goals shall include the number of people to be 19 trained, the number who stay in the program, the number who 20 complete the program, the number who enter employment, their 21 wages, and the number who retain employment. The level of 22 success in achieving employment, wage, and retention goals 23 shall be a primary consideration for determining contract 24 renewals and subsequent funding levels. In setting the 25 goals, due consideration shall be given to the education, 26 work experience, and job readiness of the trainees; their 27 barriers to employment; and the local job market. Periodic 28 payments under the contracts shall be based on the degree to 29 which the relevant negotiated goals have been met during the 30 payment period. 31 (Source: P.A. 90-474, eff. 1-1-98; 90-655, eff. 7-30-98; 32 90-758, eff. 8-14-98.) 33 (20 ILCS 605/605-450 new) HB0236 Engrossed -168- LRB9100031DJcdA 1 (was 20 ILCS 605/46.19g) (from Ch. 127, par. 46.19g) 2 Sec. 605-450.46.19g.Community economic emergencies. 3 (a) Upon the recommendation of the Directorof Commerce4and Community Affairs, the Governor may find that an economic 5 emergency exists in a designated Illinois community. The 6 finding shall be based on one or more of the following 7 conditions: 8 (1) There has been a relocation or closing of 9 operations of a major private employer in the community.;1011 (2) There has been a closing or relocation of a 12 major public employer in the community.;13 (3) A natural disaster has resulted in substantial 14 damage to the local economy.;15 (4) The community or a portion of it has been 16 declared a disaster area by the federal government.; or17 (5) A decision by the federal or State government,18 or by a foreign government,has done substantial damage 19 to the local economy. 20 (b) Upon a finding by the Governor that an economic 21 emergency exists in a designated Illinois community, the 22 Governor shall convene an Economic Emergency Council. The 23 Council shall consist of 11 members as follows: the Director 24 of Commerce and Community Affairs, ex officio, the Director 25 of the Illinois Development Finance Authority, ex officio, 26 the Director of the Illinois Housing Development Authority, 27 ex officio, and 8 members representing the designated 28 community appointed by the Governor with the advice and 29 consent of the Senate. Of the 8 members appointed by the 30 Governor, 4 shall be representatives of business and finance, 31 2 shall be representatives of labor, and 2 shall be 32 representatives of education. Each member of the General 33 Assembly whose legislative district or representative 34 district lies in whole or in part within the designated HB0236 Engrossed -169- LRB9100031DJcdA 1 community shall also be a member of the Council, ex officio. 2 Members of a Council shall serve without compensation,but 3 may be reimbursed for their reasonable and necessary expenses 4 incurred in the performance of their duties. 5 (c) An Economic Emergency Council shall develop a plan 6 to address the designated community's economic needs and 7 shall recommend that plan to the Governor and to the General 8 Assembly for further resolution and appropriation. The plan 9 may include extending enterprise zone tax incentives, making 10 economic development business loans and grants, making 11 infrastructure rehabilitation loans and grants, extending job 12 training and retraining assistance, extending tax increment 13 financing, and other appropriate economic programs or 14 incentives. 15 (d) The Illinois Economic Emergency Assistance Fund is 16 created as a special fund in the State treasury for the 17 purpose of channeling moneys to designated communities upon 18 further resolution and appropriation by the General 19 Assembly. In addition to amounts that may be appropriated to 20 the fund, gifts or grants from any legal source may be 21 deposited into the fund. Any fees or other charges collected 22 by the Department in connection with programs under this 23 Section shall also be deposited into the fund. 24 (Source: P.A. 86-455.) 25 (20 ILCS 605/605-490 new) 26 (was 20 ILCS 605/46.10) (from Ch. 127, par. 46.10) 27 Sec. 605-490. Recommending legislation.46.10.To 28 recommend legislation relating to the economic development of 29 the State. 30 (Source: Laws 1965, p. 1958.) 31 (20 ILCS 605/605-495 new) 32 (was 20 ILCS 605/46.19) (from Ch. 127, par. 46.19) HB0236 Engrossed -170- LRB9100031DJcdA 1 Sec. 605-495. Other acts to foster and promote industrial 2 development and economic welfare.46.19.To dosuchother 3 acts thatas shall, in the judgment of the Department, arebe4necessary and proper in fostering and promoting the 5 industrial development and economic welfare of the State. The 6 Department, however, shall have no power to require reports 7 from or to regulate any business. 8 (Source: Laws 1965, p. 1958.) 9 (20 ILCS 605/605-500 new) 10 (was 20 ILCS 605/46.13) (from Ch. 127, par. 46.13) 11 Sec. 605-500. Business Assistance Office.46.13.To 12 create a Business Assistance Office to do the following: 13 (1)(a)Provide information to new and existing 14 businesses for all State government forms and applications 15 and make this information readily available through a 16 business permit center. The Office shall not assume any 17 regulatory function. All State agencies shall cooperate with 18 the business permit center to provide the necessary 19 information, materials, and assistance to enable the center 20 to carry out its function in an effective manner. Each 21 agency shall designate an individual to serve as liaison to 22 the center to provide information and materials and to 23 respond to requests for assistance from businesses. 24 (2)(b)Provide technical and managerial assistance to 25 entrepreneurs and small businesses by (i)(1)contracting 26 with local development organizations, chambers of commerce, 27 and industry or trade associations with technical and 28 managerial expertise located in the State, whenever possible, 29 and (ii)(2)establishing a network of small business 30 development centers throughout the State. 31 (3)(c)Assess the fiscal impact of proposed rules upon 32 small business and work with agencies in developing flexible 33 regulations through a regulatory review program. HB0236 Engrossed -171- LRB9100031DJcdA 1 (4)(d)Provide detailed and comprehensive assistance to 2 businesses interested in obtaining federal or State 3 government contracts through a network of local procurement 4 centers. The Department shall make a special and continuing 5 effort to assist minority and female owned businesses, 6 including but not limited to the designation of special 7 minority and female business advocates, and shall make 8 additional efforts to assist those located in labor surplus 9 areas. The Department shall, through its network of local 10 procurement centers, make every effort to provide 11 opportunities for small businesses to participate in the 12 procurement process. The Department shall utilize one or 13 more of the following techniques. These techniques are to be 14 in addition to any other procurement requirements imposed by 15 Public Act 83-1341this amendatory Act of 1984or by any 16 other Act. 17 (A)(1)Advance notice by the Department or other 18 appropriate State entity of possible procurement 19 opportunities should be made available to interested 20 small businesses. 21 (B)(2)Publication of procurement opportunities in 22 publications likely to be obtained by small businesses. 23 (C)(3)Direct notification, whenever the 24 Department deems it feasible, of interested small 25 businesses. 26 (D)(4)Conduct of public hearings and training 27 sessions, when possible, regarding State and federal 28 government procurement policies. 29(5)The Department of Central Management Services shall 30 cooperate with the Department in providing information on the 31 method and procedure by which a small business becomes 32 involved in the State or federal government procurement 33 process. 34 (5)(e)Study the total number of registrations, HB0236 Engrossed -172- LRB9100031DJcdA 1 licenses, and reports thatwhichmust be filed in order to do 2 business in this State, seek input from the directors of all 3 regulatory agencies, and submit a report on how this 4 paperwork might be reduced to the Governor and the General 5 Assembly no later than January 1, 1985. 6 (Source: P.A. 86-808; 87-235.) 7 (20 ILCS 605/605-505 new) 8 (was 20 ILCS 605/46.15) (from Ch. 127, par. 46.15) 9 Sec. 605-505. Aid in obtaining governmental and private 10 services.46.15.To aid Illinois businesses in obtaining 11 services available from governmental and private sources. 12 (Source: Laws 1965, p. 1958.) 13 (20 ILCS 605/605-510 new) 14 (was 20 ILCS 605/46.19h) (from Ch. 127, par. 46.19h) 15 Sec. 605-510. Study of laws affecting small business. 1646.19h.To study the effect of laws affecting small business 17 to determine whetherifthose laws impede the creation of 18 small businesses or create economic damages for any small 19 business group that may jeopardize the small business group's 20 continuation in the marketplace or its valuable contribution 21 to the economic growth of this State. The study shall be 22 conducted in cooperation with the department or agency 23 administering the law whose effect is the subject of the 24 study. A general study of the laws affecting the creation of 25 small businesses in this State shall be undertaken by the 26 Department and the results shall be reported to the Governor 27 and the General Assembly by January 1, 1996. 28 An economic impact review shall be made at least every 2 29 years, and pertinent information shall be gathered from the 30 business segment affected to determine whetherifthe laws 31 need amendment to relieve business losses while retaining the 32 substance of the legislation, or whether the original purpose HB0236 Engrossed -173- LRB9100031DJcdA 1 has been accomplished and the laws should be repealed. The 2 review shall be reported to the Governor, the General 3 Assembly, and the administrating State agency, as well as to 4 the business associations most directly representing the 5 business group involved. 6 The Director shall appoint a task force to assist the 7 Department in conducting the studies and reviews required 8 under this Section. The task force shall consist of persons 9 representing small business and persons representing the 10 affected State departments and agencies. Members of the task 11 force shall serve without compensation but may be reimbursed 12 for necessary expenses in connection with their duties out of 13 money available to the Department for that purpose. 14 (Source: P.A. 89-259, eff. 8-10-95.) 15 (20 ILCS 605/605-515 new) 16 (was 20 ILCS 605/46.13a) (from Ch. 127, par. 46.13a) 17 Sec. 605-515.46.13a.Environmental Regulatory Assistance 18 Program. 19 (a)The following terms, whenever used or referred toIn 20 this Section,shall have the following meanings ascribed to21them,except where the context clearly requires otherwise,:22(1)"small business stationary source" means a business that 23 is owned or operated by a person that employs 100 or fewer 24 individuals; is a small business; is not a major stationary 25 source as defined in Titles I and III of the federal 1990 26 Clean Air Act Amendments; does not emit 50 tons or more per 27 year of any regulated pollutant (as defined under the federal 28 Clean Air Act); and emits less than 75 tons per year of all 29 regulated pollutants. 30(2) "Department" means the Illinois Department of31Commerce and Community Affairs.32 (b) The Department may: 33 (1) Provide access to technical and compliance HB0236 Engrossed -174- LRB9100031DJcdA 1 information for Illinois firms, including small and 2 middle market companies, to facilitate local business 3 compliance with the federal, State, and local 4 environmental regulations. 5 (2) Coordinate and enter into cooperative 6 agreements with a State ombudsman office, which shall be 7 established in accordance with the federal 1990 Clean Air 8 Act Amendments to provide direct oversight to the program 9 established under that Act. 10 (3) Enter into contracts, cooperative agreements, 11 and financing agreements and establish and collect 12 charges and fees necessary or incidental to the 13 performance of duties and the execution of powers under 14 this Section. 15 (4) Accept and expend, subject to appropriation, 16 gifts, grants, awards, funds, contributions, charges, 17 fees, and other financial or nonfinancial aid from 18 federal, State, and local governmental agencies, 19 businesses, educational agencies, not-for-profit 20 organizations, and other entities, for the purposes of 21 this Section. 22 (5) Establish, staff, and administer programs and 23 services and adopt such rules and regulationsas may be24 necessary to carry out the intent of this Section and 25 Section 507, "Small Business Stationary Source Technical 26 and Environmental Compliance Assistance Program", of the 27 federal 1990 Clean Air Act Amendments. 28 (c) The Department's environmental compliance programs 29 and services for businesses may include, but need not be 30 limited to, the following: 31 (1) Communication and outreach services to or on 32 behalf of individual companies, including collection and 33 compilation of appropriate information on regulatory 34 compliance issues and control technologies, and HB0236 Engrossed -175- LRB9100031DJcdA 1 dissemination of thatsuchinformation through 2 publications, direct mailings, electronic communications, 3 conferences, workshops, one-on-one counseling, and other 4 means of technical assistance. 5 (2) Provision of referrals and access to technical 6 assistance, pollution prevention and facility audits, and 7 otherwise serving as an information clearinghouse on 8 pollution prevention through the coordination of the 9 Waste Management and Research Center, a division of the 10 Department of Natural Resources. In addition, 11 environmental and regulatory compliance issues and 12 techniques, which may include business rights and 13 responsibilities, applicable permitting and compliance 14 requirements, compliance methods and acceptable control 15 technologies, release detection, and other applicable 16 information may be provided. 17 (3) Coordination with and provision of 18 administrative and logistical support to the State 19 Compliance Advisory Panel. 20 (d) There is hereby created a special fund in the State 21 Treasury to be known as the Small Business Environmental 22 Assistance Fund. Monies received under subdivision (b)(4) of 23 this Section shall be deposited into the Fund. 24 Monies in the Small Business Environmental Assistance 25 Fund may be used, subject to appropriation, only for the 26 purposes authorized by this Section. 27 (Source: P.A. 89-445, eff. 2-7-96; 90-490, eff. 8-17-97.) 28 (20 ILCS 605/605-520 new) 29 (was 20 ILCS 605/46.63) (from Ch. 127, par. 46.63) 30 Sec. 605-520. Grants to businesses in municipal central 31 business districts.46.63.To award grants to businesses in 32 central business districts of municipalities to encourage and 33 assist the businessesbusinessin maintaining their HB0236 Engrossed -176- LRB9100031DJcdA 1 operationsits operationin those areasthat area. 2 (Source: P.A. 87-156.) 3 (20 ILCS 605/605-525 new) 4 (was 20 ILCS 605/46.55) (from Ch. 127, par. 46.55) 5 Sec. 605-525. Minority Controlled and Female Controlled 6 Business Loan Board.46.55.There is hereby created a 7 Minority Controlled and Female Controlled Businesses Loan 8 Board, hereinafter referred to as the Board, consisting of 6 9 members,appointed by the Governor with the advice and 10 consent of the Senate. No more than 3 members shall be of 11 the same political party. For the initial appointments to 12 the Board, 3 members shall be appointed to serve a 2 year 13 term and 3 members shall be appointed to serve a 4 year term. 14 Successor members shall serve for terms of 4 years. 15 The Board shall maintain an office in each of the 16 following areas: Alexander or Pulaski County, East St. Louis, 17 and the City of Chicago. For the purpose of this Act, the 18 terms "minority person", "female", "minority owned business" 19 and "female owned business" shall have the definitions of 20 those terms provided in Section 2 of the Business Enterprise 21 for Minorities, Females, and Persons with Disabilities Act 22"An Act to create the Minority and Female Business Enterprise23Act", approved September 6, 1984. 24 The Board shall have the authority to make direct grants 25 and low interest loans to minority controlled businesses and 26 female controlled businesses in East St. Louis, the City of 27 Chicago, and either Alexander County or Pulaski County,from 28 appropriations for that purpose to the Departmentof Commerce29and Community Affairs. The Board shall establish and publish 30 guidelines to be followed in making thesuchgrants and 31 loans. 32 Grant funds will be allowed to reimburse businesses for 33 expenses incurred in the preparation of proposals that are HB0236 Engrossed -177- LRB9100031DJcdA 1 accepted for loan assistance and; also,to maintain 2 administering offices in each of the 4 target areas. Loan 3 funds will be awarded at a cost of no more than 3% per annum 4 for up to 20 years tosuchbusinesses that are existing or 5 proposed. 6 (Source: P.A. 84-1308.) 7 (20 ILCS 605/605-575 new) 8 (was 20 ILCS 605/46.69) 9 Sec. 605-575.46.69.State building requirements. After 10 the Department has received the recommendations from the 11 Illinois Building Commission, the Department shall establish 12 a consolidated clearinghouse containing all existing State 13 building requirements and all information concerning those 14 requirements. The Department shall make the information 15 available to the public upon request. The Department shall 16 assist the public in determining which State building 17 requirements apply to any specified project. 18 (Source: P.A. 90-269, eff. 1-1-98.) 19 (20 ILCS 605/605-600 new) 20 (was 20 ILCS 605/46.19f) (from Ch. 127, par. 46.19f) 21 Sec. 605-600. Buy Illinois Program.46.19f.The 22 Departmentof Commerce and Community Affairsshall have the 23 authority to establish and administer a Buy Illinois Program, 24 which may include, but is not limited to, the following 25 powers and duties: 26 (1) To accept grants, loans, or appropriations from the 27 federal government or the State or any agency or 28 instrumentality thereof, and to assess fees for any services 29 performed under the Buy Illinois Program, to carry out the 30 program. 31 (2) To form a Buy Illinois Council, made up of Illinois 32 large firms and small firms, to provide advice and counsel in HB0236 Engrossed -178- LRB9100031DJcdA 1 directing a statewide program. 2 (3) To publicize and advertise to Illinois firms and 3 government agencies the importance and benefits of buying 4 goods and services provided by vendors located within the 5 State. 6 (4) To secure the cooperation of Illinois' large firms, 7 federal, State and local governments, non-profit agencies, 8 international organizations, and others to carry out this 9 program. 10 (5) To match the needs for products and services by 11 business firms and government agencies with the capabilities 12 of small Illinois firms that can provide thosesuchneeded 13 goods and services. 14 (6) To hold purchasing agent seminars, fairs, 15 conferences and workshops to aid small Illinois businesses in 16 obtaining contracts for goods and services from larger firms 17 and government agenciestowithin the State. 18 (7) To assist business firms and government agencies to 19 analyze their buying activities and to find ways to carry out 20 thosesuchactivities in an effective and economical manner, 21 while promoting subcontract activity with small Illinois 22 firms. 23 (8) To establish manual and electronic buying 24 directories, including stand alone computer data bases that 25 list qualified vendors and procurement opportunities. 26 (9) To promote through other means the use by 27 international agencies, government agencies, and larger 28 businesses of products and services produced by small 29 Illinois firms. 30 (10) To subcontract, grant funds, or otherwise 31 participate with qualified private firms, existing 32 procurement centers, or other organizations that have 33 designed programs approved in accordance with proceduresas34 determined by the Department, thatwhichare aimed at HB0236 Engrossed -179- LRB9100031DJcdA 1 assisting small Illinois firms in obtaining contracts for 2 products and services from local government agencies and 3 larger Illinois businesses. 4 (11) To develop and administer guidelines for projects 5 that provide assistance to the Department in connection with 6 the Buy Illinois Program. 7 (Source: P.A. 85-975; 86-1475.) 8 (20 ILCS 605/605-605 new) 9 (was 20 ILCS 605/46.57) (from Ch. 127, par. 46.57) 10 Sec. 605-605. Illinois Product and Services Exchange Act. 1146.57.(a) This Sectionshall be known andmay be cited as 12 the"Illinois Product and Services Exchange Act". 13 (b) It is hereby found and declared that many large 14 Illinois firms and government agencies are purchasing 15 products and services from vendors in locations other than 16 Illinois, and that there is a need to assist thosesuchlarge 17 businesses and government agencies in locating Illinois 18 vendors who can provide thosesuchproducts and services of 19 equal quality and at comparable or lower costs; it is further 20 found and declared that the purchase of needed products and 21 services within the State by large firms and government 22 agencies would aid the survival and expansion of small 23 businesses in Illinois and help to strengthen the State's 24 economy. 25 (c) As used in this Section, "Illinois Product and 26 Services Exchange" means a program aimed at promoting the 27 purchase of goods and services produced in Illinois by firms 28 and government agencies within the State. 29 (d) The Department shall have the authority to establish 30 and administer an Illinois Product and Services Exchange 31 Program, which may include, but is not limited to, the 32 following powers and duties: 33 (1) To accept grants, loans, or appropriations from HB0236 Engrossed -180- LRB9100031DJcdA 1 the federal government or the State or any agency or 2 instrumentality thereof, and to assess fees for any 3 services performed under the Illinois Product and 4 Services Exchange Program, to carry out the Program.;5 (2) To form an Illinois Product and Services 6 Exchange Council, made up of Illinois large firms and 7 small firms to provide advice and counsel in directing a 8 statewide Product and Services Exchange Program.;9 (3) To publicize and advertise to Illinois firms 10 and government agencies the importance and benefits of 11 buying goods and services provided by vendors located 12 within the State.;13 (4) To secure the cooperation of Illinois' large 14 firms, federal, State, and local governments, non-profit 15 agencies, and others to carry out this program.;16 (5) To match the needs for products and services of 17 business firms and government agencies with the 18 capabilities of small Illinois firms that can provide 19 thosesuchneeded goods and services.;20 (6) To hold purchasing agent seminars, fairs, 21 conferences, and workshops to aid small Illinois 22 businesses in obtaining contracts for goods and services 23 from larger firms and government agencies within the 24 State.;25 (7) To assist business firms and government 26 agencies to analyze their buying activities and to find 27 ways to carry out thosesuchactivities in an effective 28 and economical manner, while promoting subcontract 29 activity with small Illinois firms.;30 (8) To establish manual and electronic buying 31 directories, including stand alone computer data bases 32 that list qualified vendors and procurement opportunities 33 .;34 (9) To promote through other means the use by HB0236 Engrossed -181- LRB9100031DJcdA 1 government agencies and large businesses of products and 2 services produced by small Illinois firms.;3 (10) To subcontract, grant funds, or otherwise 4 participate with qualified private firms, existing 5 procurement centers, or other organizations that have 6 designed programs, approved in accordance with procedures 7 determined by the Department, thatwhichare aimed at 8 assisting small Illinois firms obtain contracts for 9 products and services from local government agencies and 10 large Illinois businesses.; and11 (11) To develop and administer guidelines for 12 projects that provide assistance to the Department in 13 connection with the Illinois Product and Services 14 Exchange Program. 15 (Source: P.A. 85-138.) 16 (20 ILCS 605/605-610 new) 17 (was 20 ILCS 605/46.14) (from Ch. 127, par. 46.14) 18 Sec. 605-610. Assistance with foreign trade.46.14.To 19 assist Illinois businesses to engage in, expand, and increase 20 foreign trade. 21 (Source: Laws 1965, p. 1958.) 22 (20 ILCS 605/605-615 new) 23 (was 20 ILCS 605/46.19e) (from Ch. 127, par. 46.19e) 24 Sec. 605-615. Assistance with exports.46.19e.The 25 Department shall have the following duties and 26 responsibilities in regard to the Civil Administrative Code 27 of Illinoisthis Act: 28 (1) To(a)establish or cosponsor mentoring conferences, 29 utilizing experienced manufacturing exporters, to explain and 30 provide information to prospective export manufacturers and 31 businesses concerning the process of exporting to both 32 domestic and international opportunities.;HB0236 Engrossed -182- LRB9100031DJcdA 1 (2) To(b)provide technical assistance to prospective 2 export manufacturers and businesses seeking to establish 3 domestic and international export opportunities.;4 (3) To(c)coordinate with the Department's Small 5 Business Development Centers to link buyers with prospective 6 export manufacturers and businesses.;7 (4) To(d)promote, both domestically and abroad, 8 products made in Illinois in order to inform consumers and 9 buyers of their high quality standards and craftsmanship.;10 (5) To(e)provide technical assistance toward 11 establishment of export trade corporations in the private 12 sector.;13 (6) To(f)develop an electronic data base to compile 14 information on international trade and investment activities 15 in Illinois companies, provide access to research and 16 business opportunities through external data bases, and 17 connect this data base through international communication 18 systems with appropriate domestic and worldwide networks 19 users.;20 (7) To(g)collect and distribute to foreign commercial 21 libraries directories, catalogs, brochures, and other 22 information of value to foreign businesses considering doing 23 business in this State.;24 (8) To(h)establish an export finance awareness program 25 to provide information to banking organizations about methods 26 used by banks to provide financing for businesses engaged in 27 exporting and about other State and federal programs to 28 promote and expedite export financing.; and29 (9) To(i)undertake a survey of Illinois' businesses to 30 identify exportable products and the businesses interested in 31 exporting. 32 (Source: P.A. 85-975.) 33 (20 ILCS 605/605-620 new) HB0236 Engrossed -183- LRB9100031DJcdA 1 (was 20 ILCS 605/46.24) (from Ch. 127, par. 46.24) 2 Sec. 605-620. Exports of professional services and 3 agricultural and manufactured products.46.24.In cooperation 4 with the Department of Agriculture and the International 5 Trade and Port Promotion Advisory Committee, to (i)(a)6 provide assistance to those manufacturing and service 7 companies thatwhodesire to export agricultural machinery, 8 implements, equipment, other manufactured products, and 9 professional services; (ii)(b)encourage Illinois companies 10 to initiate exporting or increase their export sales of 11 agricultural and manufactured products; (iii)(c)cooperate 12 with agencies and instrumentalities of the federal government 13 in trade development activities in overseas markets; (iv)(d)14conduct the necessary research within Illinois and in 15 overseas markets in order to assist exporting companies; (v) 16(e)promote the State of Illinois as a source of agricultural 17 and manufactured products through information and promotion 18 campaigns overseas; and (vi)(f)conduct an information 19 program for foreign buyers of Illinois agricultural and 20 manufactured products. 21 (Source: P.A. 77-1335.) 22 (20 ILCS 605/605-625 new) 23 (was 20 ILCS 605/46.25) (from Ch. 127, par. 46.25) 24 Sec. 605-625. Promotion of water ports and airport 25 facilities.46.25.In cooperation with the Department of 26 Agriculture and the International Trade and Port Promotion 27 Advisory Committee, to (i)(a)establish a freight rate 28 information service for U.S. and foreign shippers; (ii)(b)29 promote the advantages of Illinois water ports and existing 30 airport facilities through appropriate means and media in 31 this country and overseas; and (iii)(c)cooperate with the 32 export expansion projects and any other activity that results 33 in the additional flow of agricultural and manufactured HB0236 Engrossed -184- LRB9100031DJcdA 1 products through the Illinois water ports and existing 2 airport facilities. 3 (Source: P.A. 77-1335.) 4 (20 ILCS 605/605-630 new) 5 (was 20 ILCS 605/46.26) (from Ch. 127, par. 46.26) 6 Sec. 605-630. Overseas offices.46.26.In cooperation 7 with the Department of Agriculture and with the counsel of 8 the International Trade and Port Promotion Advisory 9 Committee, to establish overseas offices for (i)(a)the 10 promotion of the export of Illinois agricultural and 11 manufactured products; (ii)(b)representation of Illinois 12 seaports; (iii)(c)economic development; and (iv)(d)13 tourism promotion and services. 14 (Source: P.A. 78-255.) 15 (20 ILCS 605/605-675 new) 16 (was 20 ILCS 605/46.66) 17 Sec. 605-675.46.66.Exporter award program. The 18 Department shall establish and operate, in cooperation with 19 the Department of Agriculture and the Illinois Development 20 Finance Authority, an annual awards program to recognize 21 Illinois-based exporters. In developing criteria for the 22 awards, the Department shall give consideration to the 23 exporting efforts of small and medium sized businesses, 24 first-time exporters, and other appropriate categories. 25 (Source: P.A. 88-100; 88-670, eff. 12-2-94.) 26 (20 ILCS 605/605-700 new) 27 (was 20 ILCS 605/46.6) (from Ch. 127, par. 46.6) 28 Sec. 605-700. Tourism promotion.46.6.To encourage and 29 promote tourism within the State. 30 (Source: Laws 1965, p. 1958.) HB0236 Engrossed -185- LRB9100031DJcdA 1 (20 ILCS 605/605-705 new) 2 (was 20 ILCS 605/46.6a) (from Ch. 127, par. 46.6a) 3 Sec. 605-705. Grants to local tourism and convention 4 bureaus.Sec. 46.6a.5 (a)(1)To establish a grant program for local tourism 6 and convention bureaus. The Department will develop and 7 implement a program for the use of funds, as authorized under 8 this Act, by local tourism and convention bureaus. For the 9 purposes of this Act, bureaus eligible to receive funds are 10 defined as those bureaus in legal existence as of January 1, 11 1985 that, whichare either a unit of local government or 12 incorporated as a not-for-profit organization, are affiliated 13 with at least oneor moremunicipality or county, and employ 14 one full time staff person whose purpose is to promote 15 tourism. Each bureau receiving funds under this Act will be 16 certified by the Department as the designated recipient to 17 serve an area of the State. These funds may not be used in 18 support of the Chicago Worlds Fair. 19 (b)(2)To distribute grants to local tourism and 20 convention bureaus from appropriations made from the Local 21 Tourism Fund for that purpose. Of the amounts appropriated 22 annually to the Department for expenditure under this 23 Section, one-third1/3of thosesuchmonies shall be used for 24 grants to convention and tourism bureaus in cities with a 25 population greater than 500,000. The remaining two-thirds2/326of the annual appropriation shall be used for grants to 27 convention and tourismsuchbureaus in the remainder of the 28 State, in accordance with a formula based upon the population 29 served. The Department may reserve up to 10% of the total 30 appropriated to conduct audits of grants, to provide 31 incentive funds to those bureaus thatwhichwill conduct 32 promotional activities designed to further the Department's 33 statewide advertising campaign, to fund special statewide 34 promotional activities, and to fund promotional activities HB0236 Engrossed -186- LRB9100031DJcdA 1 thatwhichsupport an increased use of the State's parks or 2 historic sites. 3 (Source: P.A. 90-26, eff. 7-1-97.) 4 (20 ILCS 605/605-710 new) 5 (was 20 ILCS 605/46.6c) (from Ch. 127, par. 46.6c) 6 Sec. 605-710.46.6c.Regional tourism development 7 organizations. The Department may, subject to appropriation, 8 provide contractual funding from the Tourism Promotion Fund 9 for the administrative costs of not-for-profit regional 10 tourism development organizations that assist the Department 11 in developing tourism throughout a multi-county geographical 12 area designated by the Department. Regional tourism 13 development organizations receiving funds under this Section 14 may be required by the Department to submit to audits of 15 contracts awarded by the Department to determine whether the 16 regional tourism development organization has performed all 17 contractual obligations under those contracts. 18 Every employee of a regional tourism development 19 organization receiving funds under this Section shall 20 disclose to the organization'sitsgoverning board and to the 21 Department any economic interest that employee may have in 22 any entity with which the regional tourism development 23 organization has contracted or to which the regional tourism 24 development organization has granted funds. 25 (Source: P.A. 90-26, eff. 7-1-97; 90-655, eff. 7-30-98.) 26 (20 ILCS 605/605-715 new) 27 (was 20 ILCS 605/46.59) (from Ch. 127, par. 46.59) 28 Sec. 605-715.46.59.Advisory Committee; Tourism 29 Promotion Fund. There is created within the Department an 30 Advisory Committee of 11 persons, including 2 members of the 31 Senate of different political parties appointed by the 32 President, 2 members of the House of Representatives of HB0236 Engrossed -187- LRB9100031DJcdA 1 different political parties appointed by the Speaker thereof, 2 and 7 other persons, one of whom shall be a senior citizen 60 3 years of age or over, appointed by the Governor. The members 4 appointed by the Governor may include, but are not limited 5 to, persons representing motels, hotels, restaurants, 6 airlines, railroads, bus lines, travel agencies, oil 7 companies and the communications industry. The appointments 8 shall be made as soon as possible after August 13, 1988, the 9 effective date of Public Act 85-1185this amendatory Act of101988. Members shall serve for terms of 2 years and until 11 their respective successors are appointed, except that 12 General Assembly members shall serve until their respective 13 successors are appointed or until termination of their 14 legislative service, whichever first occurs. Vacancies in 15 the membership in the Advisory Committee shall be filled in 16 the same manner as the original appointments. 17 The Advisory Committee shall elect a member of its own 18 group as chairman at the first meeting, which shall be called 19 by the Governor. The Advisory Committee shall meet at least 20 4 times in a calendar year at the call of the chairman. The 21 Advisory Committee shall advise in all matters relating to 22 the policy and administration of theIllinoisTourism 23 Promotion Fund. The Committee shall report to each regular 24 session of the General Assembly its recommendations for 25 legislation in the field of the promotion of tourism and 26 related subjects in Illinois. 27 The requirements for reporting to the General Assembly 28 shall be satisfied by filing copies of the report as required 29 under Section 3.1 of"An Act to revise the law in relation to30the General Assembly Organization Act", approved February3125, 1874, as amended. 32 Members of the committee shall serve without compensation 33 but shall be reimbursed for necessary expenses incurred in 34 the performance of their duties. HB0236 Engrossed -188- LRB9100031DJcdA 1 (Source: P.A. 85-1185.) 2 (20 ILCS 605/605-720 new) 3 (was 20 ILCS 605/46.16) (from Ch. 127, par. 46.16) 4 Sec. 605-720. Publicizing Illinois facilities and 5 attractions.46.16.To encourage and assist the efforts of 6 other public and private organizations or groups of citizens 7 to publicize the facilities and attractions of Illinois. 8 (Source: Laws 1965, p. 1958.) 9 (20 ILCS 605/605-800 new) 10 (was 20 ILCS 605/46.19a, subsec. (1)) (from Ch. 127, par. 11 46.19a) 12 Sec. 605-800. Training grants for skills in critical 13 demand.46.19a. Employment and technology grants.14 (a)(1)Grants to provide training in fields affected by 15 critical demands for certain skills may be made as provided 16 in this Sectionsubsection. 17 (b)(a)The Directorof the Departmentmay make grants 18 to eligible employers or to other eligible entities on behalf 19 of employers as authorized in subsection (c)paragraph (b)to 20 provide training for employees in fields for which there are 21 critical demands for certain skills. 22 (c)(b)The Director may accept applications for 23 training grant funds and grant requests from: (i) entities 24 sponsoring multi-company eligible employee training projects 25 as defined in subsection (d)paragraph (c), including 26 business associations, strategic business partnerships, 27 institutions of secondary or higher education, large 28 manufacturers for supplier network companies, federal Job 29 Training Partnership Act administrative entities or grant 30 recipients, and labor organizations when those projects will 31 address common training needs identified by participating 32 companies; and (ii) individual employers that are undertaking HB0236 Engrossed -189- LRB9100031DJcdA 1 eligible employee training projects as defined in subsection 2 (d)paragraph (c), including intermediaries and training 3 agents. 4 (d)(c)The Director may make grants to eligible 5 applicants as defined in subsection (c)paragraph (b)for 6 employee training projects that include, but need not be 7 limited to, one or more of the following: 8 (1)(i)Training programs in response to new or 9 changing technology being introduced in the workplace.;10 (2)(ii)Job-linked training that offers special 11 skills for career advancement or that is preparatory for, 12 and leads directly to, jobs with definite career 13 potential and long-term job security.;14 (3)(iii)Training necessary to implement total 15 quality management or improvement or both management and 16 improvement systems within the workplace.;17 (4)(iv)Training related to new machinery or 18 equipment.;19 (5)(v)Training of employees of companies that are 20 expanding into new markets or expanding exports from 21 Illinois.;22 (6)(vi)Basic, remedial, or both basic and 23 remedial training of employees as a prerequisite for 24 other vocational or technical skills training or as a 25 condition for sustained employment.;26 (7)(vii)Self-employment training of the 27 unemployed and underemployed with comprehensive, 28 competency-based instructional programs and services.;29and30 (8)(viii)Other training activities or,projects, 31 or both training activities and projects, related to the 32 support, development, or evaluation of job training 33 programs, activities, and delivery systems, including 34 training needs assessment and design. HB0236 Engrossed -190- LRB9100031DJcdA 1 (e)(d)Grants shall be made on the terms and conditions 2 that the Department shall determine., provided, however, that3No grant made underthe provisions of paragraph (c) of this4 subsection (d), however, shall exceed 50% of the direct costs 5 of all approved training programs provided by the employer or 6 the employer's training agent or other entity as defined in 7 subsection (c)paragraph (b). Under this Section, allowable 8 costs include, but are not limited to: 9 (1)(i)Administrative costs of tracking, 10 documenting, reporting, and processing training funds or 11 project costs.;12 (2)(ii)Curriculum development.;13 (3)(iii)Wages and fringe benefits of employees.;14 (4)(iv)Training materials, including scrap 15 product costs.;16 (5)(v)Trainee travel expenses.;17 (6)(vi)Instructor costs, including wages, fringe 18 benefits, tuition, and travel expenses.;19 (7)(vii)Rent, purchase, or lease of training 20 equipment.; and21 (8)(viii)Other usual and customary training 22 costs. 23 (f)(e)The Director will ensure that a minimum of one 24 on-site grant monitoring visit is conducted by the Department 25 either during the course of the grant period or within 6 26 months following the end of the grant period. The Department 27 shall verify that the grantee's financial management system 28 is structured to provide for accurate, current, and complete 29 disclosure of the financial results of the grant program in 30 accordance with all provisions, terms, and conditions 31 contained in the grant contract. 32 (g)(f)The Director may establish and collect a 33 schedule of charges from subgrantee entities and other system 34 users under federal job-training programs for participating HB0236 Engrossed -191- LRB9100031DJcdA 1 in and utilizing the Department's automated job-training 2 program information systems if thewhere suchsystems and the 3 necessary participation and utilization are requirementsis a4requirementof the federal job-training programs. All monies 5 collected pursuant to this subsectionparagraphshall be 6 deposited into the Federal Job-Training Information Systems 7 Revolving Fund created in Section 35-805subsection (5). 8 (Source: P.A. 89-4, eff. 1-1-96; 89-507, eff. 7-1-97; 90-454, 9 eff. 8-16-97.) 10 (20 ILCS 605/605-805 new) 11 (was 20 ILCS 605/46.19a, subsec. (5)) (from Ch. 127, par. 12 46.19a) 13 Sec. 605-805. Federal Job-Training Information Systems 14 Revolving Fund.(5)There is hereby created a special fund 15 in the State treasury to be known as the Federal Job-Training 16 Information Systems Revolving Fund. The deposit of monies 17 into this fund shall be limited to the collection of charges 18 pursuant toparagraph (f) ofsubsection (g)(1)ofthis19 Section 605-800. The monies in the fund mayonlybe used, 20 subject to appropriation by the General Assembly, only for 21 the purpose of financing the maintenance and operation of the 22 automated Federal Job-Training Information Systems pursuant 23 toparagraph (f) ofsubsection (g)(1)ofthisSection 24 605-800. 25 (Source: P.A. 89-4, eff. 1-1-96; 89-507, eff. 7-1-97; 90-454, 26 eff. 8-16-97.) 27 (20 ILCS 605/605-810 new) 28 (was 20 ILCS 605/46.19a, subsec. (6)) (from Ch. 127, par. 29 46.19a) 30 Sec. 605-810. Reemployment of former employees. 31(6)When the Department is involved in developing a federal 32 or State funded training or retraining program for any HB0236 Engrossed -192- LRB9100031DJcdA 1 employer, the Department will assist and encourage that 2 employer in making every effort to reemploy individuals 3 previously employed at the facility. Further, the Department 4 will provide a list of thosesaidemployees to thesaid5 employer for consideration for reemployment and will report 6 the results of this effort to the Illinois Job Training 7 Coordinating Council. This requirement shall be in effect 8 when all of the following conditions are met: 9 (1)(a)The employer is reopening, or is proposing 10 to reopen, a facility thatwhichwas last closed during 11 the preceding 2 years.,12 (2)(b)A substantial number of the persons who 13 were employed at the facility before its most recent 14 closure remain unemployed., and15 (3)(c)The product or service produced by, or 16 proposed to be produced by, the employer at the facility 17 is substantially similar to the product or service 18 produced at the facility before its most recent closure. 19 (Source: P.A. 89-4, eff. 1-1-96; 89-507, eff. 7-1-97; 90-454, 20 eff. 8-16-97.) 21 (20 ILCS 605/605-815 new) 22 (was 20 ILCS 605/46.19a, subsec. (7)) (from Ch. 127, par. 23 46.19a) 24 Sec. 605-815. Unemployed and underemployed single 25 parents.(7)The Department, in cooperation with the 26 Departments of Human Services and Employment Security, may 27 establish a program to encourage community action agencies to 28 establish programs that will help unemployed and 29 underemployed single parents to identify, access, and 30 develop, through such means as counseling or mentoring, 31 internal and external resources that will enable those single 32 parents to become emotionally and financially 33 self-sufficient. The intended primary beneficiaries of the HB0236 Engrossed -193- LRB9100031DJcdA 1 local programs shall be female heads of households who are at 2 least 22 but less than 46 years of age and who are physically 3 able to work but are unemployed or underemployed. The 4 Department may make grants, subject to the availability of 5 funding, to communities and local agencies for the purpose of 6 establishing local programs as described in this Section 7subsection (7). A grant under this Sectionsubsection (7)8 shall be made for a period of one year and may be renewed if 9 the Department determines that the program is successful in 10 meeting its objectives. If the Department determines that 11 implementation of a program has resulted in a savings of 12 State moneys that otherwise would have been paid to 13 beneficiaries of the program, the Department, on renewing a 14 grant, may adjust the grant amount for those demonstrated 15 savings. 16 For purposes of this Sectionsubsection, a person is 17 underemployed if his or her income from employment is less 18 than 185% of the federal official poverty income guideline. 19 (Source: P.A. 89-4, eff. 1-1-96; 89-507, eff. 7-1-97; 90-454, 20 eff. 8-16-97.) 21 (20 ILCS 605/605-820 new) 22 (was 20 ILCS 605/46.49) (from Ch. 127, par. 46.49) 23 Sec. 605-820. Public hearings on Job Training Partnership 24 Act plans and programs.46.49.To require Service Delivery 25 Areas established under the federal Job Training Partnership 26 Act to hold public hearings on the job training plans 27 developed for their respective jurisdictions pursuant to 28 Section 104 of the federal Job Training Partnership Act. The 29Suchpublic hearings shall be held by the Service Delivery 30 Areas prior to the submission of the job training plans to 31 the Department for review and approval or disapproval on 32 behalf of the Governor. The Department shall, as part of its 33 plan submission requirements, direct Service Delivery Areas HB0236 Engrossed -194- LRB9100031DJcdA 1 to submit evidence that thesuchhearings have been held. 2 The Department shall hold public hearings regarding those 3 Job Training Partnership Act programs set aside under that 4 Act for direct administration and implementation by the 5 Governor. TheSuchpublic hearings shall be held prior to the 6 submission of the Governor's Coordination and Special 7 Services Plan to the General Assembly for review and comment 8 and to the Governor for approval. 9 (Source: P.A. 83-1528.) 10 (20 ILCS 605/605-825 new) 11 (was 20 ILCS 605/46.65) (from Ch. 127, par. 46.65) 12 Sec. 605-825.46.65.Earnfare Program. The Department 13 shall, through the Job Training Partnership Act and local 14 private industry councils, provide job skills training, job 15 placement, client management, and supportive services for 16 Earnfare participants, using existing II-A funds. 17 (Source: P.A. 87-893.) 18 (20 ILCS 605/605-850 new) 19 (was 20 ILCS 605/46.32a, subsec. (a)) (from Ch. 127, par. 20 46.32a) 21 Sec. 605-850. Labor-Management Cooperation Committee. 2246.32a.23 (a) The Department shall promote labor-management 24 relations and provide assistance in the development of local 25 labor-management committees. 26 (b) In the Department there shall be a Labor-Management 27 Cooperation Committee composed of 12 public members appointed 28 by the Governor with the advice and consent of the Senate. 29 Six members shall represent executive level management of 30 businesses that employ labor union members, and 6 members 31 shall represent major labor union leadership. The Governor 32 shall designate 1 business representative and 1 labor HB0236 Engrossed -195- LRB9100031DJcdA 1 representative as cochairmen. Appointed members shall not be 2 represented at a meeting by another person. There shall be 6 3 ex officio nonvoting members: the Directorof the Department, 4 who shall serve as Secretary, the Director ofthe Department5ofLabor, the President of the Senate, the Minority Leader of 6 the Senate, the Speaker of the House of Representatives, and 7 the Minority Leader of the House of Representatives. Each ex 8 officio member shall serve during the term of his or her 9 office. Ex officio members may be represented by duly 10 authorized substitutes. 11 In making the initial public member appointments to the 12 Committee, 3 of the business representatives and 3 of the 13 labor union representatives shall be appointed for terms 14 expiring July 1, 1987. The remaining public members shall be 15 appointed for terms expiring July 1, 1988. Thereafter, public 16 members of the Committee shall be appointed for terms of 2 17 years expiring on July 1, or until their successors are 18 appointed and qualified. The Governor may at any time, with 19 the advice and consent of the Senate, make appointments to 20 fill vacancies for the balance of an unexpired term. Public 21 members shall serve without compensation,but shall be 22 reimbursed by the Department for necessary expenses incurred 23 in the performance of their duties. The Department shall 24 provide staff assistance to the Committee. 25 (c) The Committee shall have the following duties: 26 (1) To improve communications between labor and 27 management on significant economic problems facing the 28 State.;29 (2) To encourage and support the development of 30 local labor-management committees at the plant, industry 31 and area levels across the State.;32 (3) To assess the progress of area labor-management 33 committees that have been formed across the State and 34 provide input to the Directorof the DepartmentHB0236 Engrossed -196- LRB9100031DJcdA 1 concerning matching grants to area labor-management 2 committees or other grant programs established in this 3 Act.;4 (4) To convene a statewide conference on 5 labor-management concerns at least once every 2 years.;6 (5) To issue a report on labor-management concerns 7 to the Governor and the General Assembly every 2 years 8 commencing in March of 1987. This report shall outline 9 the accomplishments of the Committee and specific 10 recommendations for improving Statewide labor-management 11 relations. 12 (Source: P.A. 88-456.) 13 (20 ILCS 605/605-855 new) 14 (was 20 ILCS 605/46.32a, subsec. (b)) (from Ch. 127, par. 15 46.32a) 16 Sec. 605-855. Grants to local labor-management 17 committees. 18 (a)(b)The Director, with the advice of the 19 Labor-Management Cooperation Committee, shall have the 20 authority to provide matching grants, grants, and other 21 resources to establish or assist area labor-management 22 committees and other projects thatwhichserve to enhance 23 labor-management relations. The Department shall have the 24 authority, with the advice of the Labor-Management 25 Cooperation Committee, to award grants or matching grants in 26 4fourareas as provided in subsections (b) through (e).:27 (b)(1)At least 60%60 percentof the annual 28 appropriation to the Department,for providing 29 labor-management grants and resources shall be awarded as 30 matching grants to existing local labor-management 31 committees. To be eligible for matching grants pursuant to 32 this subsection, local labor-management committees shall meet 33 all of the following criteria: HB0236 Engrossed -197- LRB9100031DJcdA 1 (1)(i)Be a formal, not-for-profit organization 2 structured for continuing service with voluntary 3 membership.;4 (2)(ii)Be composed of labor and management 5 representatives.;6 (3)(iii)Service a distinct and identifiable 7 geographic region.;8 (4)(iv)Be staffed by a professional chief 9 executive officer.;10 (5)(v)Have been established with the Department 11 for at least 2twoyears.;12 (6)(vi)Operate in compliance with rules set forth 13 by the Department with the advice of the Labor-Management 14 Cooperation Committee.; and15 (7)(vii)Ensure that theiritsefforts and 16 activities are coordinated with relevant agencies, 17 including but not limited to the following: 18 Department of Commerce and Community Affairs 19 Illinois Department of Labor 20 Economic development agencies 21 Corridor councils 22 Planning agencies 23 Colleges, universities, and community colleges 24 U.S. Department of Labor 25 Statewide Job Training Partnership Act Entities 26 . 27 Further, the purpose of the local labor-management 28 committees will include, but not be limited to, the following 29 : 30 (8)(i)Enhancing the positive labor-management 31 relationship within the State, region, community, and/or 32 work place.;33 (9)(ii)Assisting in the retention, expansion, and 34 attraction of businesses and jobs within the State HB0236 Engrossed -198- LRB9100031DJcdA 1 through special training programs, gathering and 2 disseminatingdissemination ofinformation, and providing 3 assistance in local economic development efforts as 4 appropriate.;5 (10)(iii)Creating and maintaining a regular 6 nonadversarial forum for ongoing dialogue between labor 7 and management representatives to discuss and resolve 8 issues of mutual concern outside the realm of the 9 traditional collective bargaining process.;10 (11)(iv)Acting as an intermediary for initiating 11 local programs between unions and employers thatwhich12 would generally improve economic conditions in a region.;1314 (12)(v)Encouraging, assisting, and facilitating 15 the development of work-site and industry 16 labor-management committees in the region. 17 Any local labor-management committee meeting these 18 criteria may apply to the Department for annual matching 19 grants, providing that the local committee contributes at 20 least 25%25 percentin matching funds, of which no more than 21 50%50 percentshall be "in-kind" services. Funds received 22 by a local committee pursuant to this subsection shall be 23 used for the ordinary operating expenses of the local 24 committee. 25 (c)(2)Up to 20%20 percentof the annual appropriation 26 to the Department for providing labor-management grants and 27 resources may be awarded as matching grants to local 28 labor-management committees thatwhichdo not meet all of the 29 eligibility criteria set forth in subsection (b)(1). 30 However, to be eligible to apply for a grant under this 31 subsection (c), the local labor-management committee, at a 32 minimum, shall meet all of the following criteria: 33 (1)(i)Be composed of labor and management 34 representatives.;HB0236 Engrossed -199- LRB9100031DJcdA 1 (2)(ii)Service a distinct and identifiable 2 geographic region.;3 (3)(iii)Operate in compliance with the rules set 4 forth by the Department with the advice of the 5 Labor-Management Cooperation Committee.; and6 (4)(iv)Ensure that its efforts and activities are 7 directed toward enhancing the labor-management 8 relationship within the State, region, community, and/or 9 work place. 10 Any local labor-management committee meeting these 11 criteria may apply to the Department for an annual matching 12 grant, providing that the local committee contributes at 13 least 25%25 percentin matching funds of which no more than 14 50%50 percentshall be "in-kind" services. Funds received 15 by a local committee pursuant to thisparagraph (2) of16 subsection (c)(b) of this Sectionshall be used for the 17 ordinary and operating expenses of the local committee. 18 Eligible committees shall be limited to 3threeyears of 19 funding under this subsection. With respect to those 20 committees participating in this program prior to enactment 21 of this amendatory Act of 1988 thatwhichfail to qualify 22 under paragraph (1) of this subsection (c)(b) of this23Section, previous years' funding shall be counted in 24 determining whether those committees have reached their 25 funding limit under this paragraph (2). 26 (d)(3)Up to 10%10 percentof the annual appropriation 27 to the Department for providing labor-management grants and 28 resources may be awarded as grants to develop and conduct 29 specialized education and training programs of direct benefit 30 to representatives of labor, management, labor-management 31 committees and/or their staff. The type of education and 32 training programs to be developed and offered will be 33 determined and prioritized annually by the Department, with 34 the advice of the Labor-Management Cooperation Committee. HB0236 Engrossed -200- LRB9100031DJcdA 1 The Department will develop and issue an annual request for 2 proposal detailing the program specifications. 3 (e)(4)Up to 10%10 percentof the annual appropriation 4 to the Department for providing labor-management grants and 5 resources may be awarded as grants for research and 6 development projects related to labor-management issues. The 7 Department, with the advice of the Labor-Management 8 Cooperation Committee, will develop and prioritize annually 9 the type and scope of the research and development projects 10 deemed necessary. 11 (f) The Department is authorized to establish 12 applications and,application procedures and promulgate any 13 rules deemed necessary in the administration of thesuch14 grants. 15 (Source P.A. 88-456.) 16 (20 ILCS 605/605-860 new) 17 (was 20 ILCS 605/46.32a, subsec. (c)) (from Ch. 127, par. 18 46.32a) 19 Sec. 605-860. Office of Labor-Management Cooperation.(c)20To administer the grant programs created by this LawAct, 21 the Department shall establish an Office of Labor-Management 22 Cooperation. The purpose of this office shall include, but 23 not be limited to the following: 24 (1) To administer the grant programs, including 25 developing grant applications and requests for proposals 26proposal, program monitoring, and evaluation. 27 (2) To serve as State liaison with other state, 28 regional and national organizations devoted to promoting 29 labor-management cooperation; and to disseminate 30disseminatingpertinent information secured through these 31 State, regional, and national affiliations to local 32 labor-management committees, the Labor-Management 33 Cooperation Committee, and other interested parties HB0236 Engrossed -201- LRB9100031DJcdA 1 throughout the State. 2 (3) To provide technical assistance to area, 3 industry, or work-site labor-management committees as 4 requested. 5 (4) To serve as a clearinghouse for information 6 related to labor-management cooperation. 7 (5) To serve as a catalyst to developing and 8 strengthening a partnership among local, State, regional, 9 and national organizations and agencies devoted to 10 enhancing labor-management cooperation. 11 (6) To provide any other programs or services that 12whichenhance labor-management cooperation within the 13 State of Illinois as determined by the Director with the 14 advice of the Labor-Management Cooperation Committee. 15 (Source: P.A. 88-456.) 16 (20 ILCS 605/605-875 new) 17 (was 20 ILCS 605/46.68) 18 Sec. 605-875.46.68.Safety loan program. 19 (a) The Departmentof Commerce and Community Affairsmay 20 develop and implement a small business safety loan program to 21 allow employers the opportunity to improve workplace safety. 22 The loans shall be made from appropriations for that purpose. 23 The loans shall be secured by adequate collateral, may be for 24 a term of no more than 5 years, and may bear interest at a 25 discounted rate. The Department shall promulgate all 26 necessary rules to implement the program. 27 (b) Any loan made under this Section shall: (1) be made 28 only if an on-site safety and health consultation and 29 recommendations for correction have been completed by the 30 Department's Industrial Service Division; and (2) finance no 31 more than $50,000 or 80% of the total project and no less 32 than $10,000. 33 (c) The Illinois Safety Revolving Loan Fund is created HB0236 Engrossed -202- LRB9100031DJcdA 1 as a separate fund within the State treasury. 2 The purpose of the Fund is to provide loans to and 3 finance administration of loans to small businesses in 4 Illinois. 5 There shall be deposited into the Fund amounts including, 6 but not limited to, the following: 7 (1) All receipts, including dividends, principal, 8 and interest payments from any applicable loan agreement 9 made from the Fund or from direct appropriations.;10 (2) All proceeds of assets of whatever nature 11 received by the Department as a result of default or 12 delinquency with respect to loan agreements made from the 13 Fund or from direct appropriations by the General 14 Assembly, including proceeds from the sale, disposal, 15 lease, or rental of real or personal property that the 16 Department may have received as a result of the default 17 or delinquency.;18 (3) Any appropriations, grants, or gifts made to 19 the Fund.; and20 (4) Any income received from interest on 21 investments of moneys in the Fund. 22 (d) The implementation of or continuation of this 23 program during any fiscal year is dependent upon federal 24 funding, through the Department of Labor, committed to the 25 Onsite Safety and Health Consultation Program prior to the 26 beginning of that fiscal year. 27 (Source: P.A. 89-423, eff. 6-1-96.) 28 (20 ILCS 605/605-900 new) 29 (was 20 ILCS 605/46.6b) (from Ch. 127, par. 46.6b) 30 Sec. 605-900. Construction loans to local governments for 31 revenue producing capital facilities.46.6b.To make loans to 32 units of local government for construction of revenue 33 producing capital facilities, subject to thesuchterms and HB0236 Engrossed -203- LRB9100031DJcdA 1 conditionscondition asit deems necessary to ensure 2 repayment. 3 (Source: P.A. 85-552.) 4 (20 ILCS 605/605-905 new) 5 (was 20 ILCS 605/46.41b) (from Ch. 127, par. 46.41b) 6 Sec. 605-905. Grants to local governments in connection 7 with federal prisons.46.41b.To make grants to units of 8 local government for (i) land acquisition and all necessary 9 improvements upon or related thereto for the purpose of 10 facilitating the location of federal prisons in Illinois and 11 (ii) for the development of industrial or commercial parks, 12 or both, thatwhichare adjacent to or abut any federal 13 prison constructed in Illinois after January 9, 1990 (the 14 effective date of Publicthis amendatoryAct 86-1017)of 198915. 16 (Source: P.A. 86-1017.) 17 (20 ILCS 605/605-910 new) 18 (was 20 ILCS 605/46.56) (from Ch. 127, par. 46.56) 19 Sec. 605-910. Grants to municipalities for site 20 development along waterways.46.56.In cooperation with the 21 Department of Transportation, to make grants and provide 22 financial assistance to municipalities for site development 23 along waterways in order to promote commercial and industrial 24 development. 25 (Source: P.A. 84-1124.) 26 (20 ILCS 605/605-915 new) 27 (was 20 ILCS 605/46.45) (from Ch. 127, par. 46.45) 28 Sec. 605-915. Assisting local governments to achieve 29 lower borrowing costs.46.45.To cooperate with the Illinois 30 Development Finance Authority in assisting local governments 31 to achieve overall lower borrowing costs and more favorable HB0236 Engrossed -204- LRB9100031DJcdA 1 terms under Sections 7.50 through 7.61 of the Illinois 2 Development Finance Authority Act, including using the 3 Department's federally funded Community Development 4 Assistance Program for thosesuchpurposes. 5 (Source: P.A. 83-1367.) 6 (20 ILCS 605/605-920 new) 7 (was 20 ILCS 605/46.47) (from Ch. 127, par. 46.47) 8 Sec. 605-920. Assisting local governments; debt 9 management, capital facility planning, infrastructure. 1046.47.To provide, in cooperation with the Illinois 11 Development Finance Authority, technical assistance to local 12 governments with respect to debt management and bond 13 issuance, capital facility planning, infrastructure 14 financing, infrastructure maintenance, fiscal management, and 15 other infrastructure areas. 16 (Source: P.A. 83-1367.) 17 (20 ILCS 605/605-925 new) 18 (was 20 ILCS 605/46.48) (from Ch. 127, par. 46.48) 19 Sec. 605-925. Helping local governments reduce 20 infrastructure costs.46.48.To develop and recommend to the 21 Governor and the General Assembly, in cooperation with the 22 Illinois Development Finance Authority and local governments, 23 methods and techniques that can be used to help local 24 governments reduce their public infrastructure costs, 25 including strengthened local financial management, user fees, 26 and other appropriate options. 27 (Source: P.A. 83-1367.) 28 (20 ILCS 605/605-930 new) 29 (was 20 ILCS 605/46.27) (from Ch. 127, par. 46.27) 30 Sec. 605-930. Assisting home rule units; composite bond 31 issues for mortgages.46.27.At the request of any home rule HB0236 Engrossed -205- LRB9100031DJcdA 1 unit, to assist thesuchhome rule unit in providing 2 composite bond issues for mortgages in order to enable the 3suchhome rule unit to benefit from the federal allocation of 4 tax exempt mortgage revenue bonds authorized under the 5 federal"Mortgage Subsidy Bond Tax Act of 1981"(Title XI of 6 Public Law 96-499), as now or hereafter amended. 7 (Source: P.A. 83-651.) 8 (20 ILCS 605/605-935 new) 9 (was 20 ILCS 605/46.32) (from Ch. 127, par. 46.32) 10 Sec. 605-935. Referrals to State universities for special 11 economic problems.46.32.To encourage the establishment, 12 with the assistance of the Board of Higher Education, of a 13 system for referring representatives of communities in which 14 there exist special economic problems and opportunities to 15 the most appropriate State university for assistance. The 16 Department may also cooperate with the universities in 17 providing advice and assistance to communities or groups of 18 citizens seeking to offset the economic impact of the removal 19 or termination of substantial industrial or commercial 20 operations. 21 (Source: P.A. 81-835; 81-1509.) 22 (20 ILCS 605/605-940 new) 23 (was 20 ILCS 605/46.37) (from Ch. 127, par. 46.37) 24 Sec. 605-940. Clearing house for local government 25 problems; aid with financial and administrative matters. 2646.37.The Department shall provide for a central clearing 27 house for information concerning local government problems 28 and various solutions to those problems and shall assist and 29 aid local governments of the State in matters relating to 30 budgets, fiscal procedures, and administration. In performing 31 this responsibility the Department shall have the power and 32 duty to do the following: HB0236 Engrossed -206- LRB9100031DJcdA 1 (1)(a)Maintain communication with all local 2 governments and assist them, at their request, to improve 3 their administrative procedures and to facilitate 4 improved local government and development.;5 (2)(b)Assemble and disseminate information 6 concerning State and federal programs, grants, gifts, and 7 subsidies available to local governments and to provide 8 counsel and technical services and other assistance in 9 applying for thosesuchprograms, grants, gifts, and 10 subsidies.;11 (3)(c)Assist in coordinating activities by 12 obtaining information, on forms provided by the 13 Department or by receipt of proposals and applications, 14 concerning State and federal assisted programs, grants, 15 gifts, and subsidies applied for and received by all 16 local governments.;17 (4)(d)Provide direct consultative services to 18 local governments upon request and provide staff services 19 to special commissions, the Governor, or the General 20 Assembly or its committees.;21 (5)(e)Render advice and assistance with respect 22 to the establishment and maintenance of programs for the 23 training of local government officials and other 24 personnel, including programs of intergovernmental 25 exchange of personnel.;26 (6)(f) ToAct as the official State agency for the 27 receipt and distribution of federal funds thatwhichare 28 or may be provided to the State on a flat grant basis for 29 distribution to local governments or in the event federal 30 law requires a State agency to implement programs 31 affecting local governments and for State funds that 32whichare or may be provided for the use of local 33 governments unless otherwise provided by law.;34 (7)(g) ToAdministersuchlaws relating to local HB0236 Engrossed -207- LRB9100031DJcdA 1 government affairs as the General Assembly may direct.;2 (8)(h)Provide all advice and assistance to 3 improve local government administration, ensureto insure4the economical and efficient provision of local 5 government services, andtomake the Civil Administrative 6 Code of Illinoisthis Acteffective.;7 (9)(i)Give advice and counsel on fiscal problems 8 of local governments of the State to thosesuchlocal 9 governments.;10 (10)(j)Prepare uniform budgetary forms for use by 11 the local governments of the State.;12 (11)(k)Assist and advise the local governments of 13 the State in matters pertaining to budgets, appropriation 14 requests and ordinances, the determination of property 15 tax levies and rates, and other matters of a financial 16 nature.;17 (12)(l)Be a repository for financial reports and 18 statements required by law of local governments of the 19 State, and publish financial summaries of those reports 20 and statements.thereof;21 (13)(m)At the request of local governments, 22 provide assistance in preparing bond issues, review 23 bonding proposals, and assist in marketing bonds, and 24 provide by January 1, 1985, model forms for the 25 disclosure of all information of significance to 26 potential purchasers of long or short term debt of local 27 governments and all information required to be disclosed 28 in connection with the sale of long or short term debt by 29 local governments.;30 (14)(n)Prepare proposals and advise on the 31 investment of idle local government funds.;32 (15)(o)Administer the program of grants, loans, 33 and loan guarantees under the federal Public Works and 34 Economic Development Act of 1965,as amended,42 U.S.C. HB0236 Engrossed -208- LRB9100031DJcdA 1 3121 and followinget seq., andtoreceive and disburse 2 State and federal funds provided for that program and 3 moneys received as repayments of loans made under the 4 program.;5 (16)(p)After January 1, 1985, upon the request of 6 local governments,toprepare and provide model financial 7 statement forms designed to communicate to taxpayers, 8 service consumers, voters, government employees, and news 9 media, in a non-technical manner, all significant 10 financial information regarding a particular local 11 government, and to prepare and provide to local 12 governments a summary of local governments' obligations 13 concerning the adoption of an annual operating budget. 14 Thewhichsummary shall be set forth in a non-technical 15 manner and shall be designed principally for distribution 16 to, and the use of, taxpayers, service consumers, voters, 17 government employees, and news media. 18 (Source: P.A. 83-1362.) 19 (20 ILCS 605/605-945 new) 20 (was 20 ILCS 605/46.38) (from Ch. 127, par. 46.38) 21 Sec. 605-945. Development of safe and decent housing. 2246.38.The Department shall foster the development of safe 23 and decent housing for Illinois citizens and shall perform 24 all duties provided by law. In performing this responsibility 25 the Department shall have the power and duty to do the 26 following: 27 (1)(a)Coordinate and, wherever provided by law, 28tosupervise or administer the several programs of State 29 and federal assistance and grants related to housing and 30 urban renewal, including but not limited to housing, 31 redevelopment, urban renewal, urban planning assistance, 32 building codes, building code enforcement, housing codes, 33 housing code enforcement, area development, HB0236 Engrossed -209- LRB9100031DJcdA 1 revitalization of central city cores, mass 2 transportation, public works, and community facilities, 3 andtofurnish technical assistance on any program of 4 housing and urban renewal.;5 (2)(b) ToExercise the rights, powers, and duties 6 provided in sub-paragraphs (1), (2), (3), (4), (5), (6), 7 (7), (8), (9), (10), and (12) of Section 605-115.46.368of this Act;9 (3)(c) ToPerformsuchother duties thatasmay be 10 necessary to implement applicable law and to ensure 11insureorderly administration of the Department. 12 (Source: P.A. 81-1509.) 13 (20 ILCS 605/605-950 new) 14 (was 20 ILCS 605/46.38a) (from Ch. 127, par. 46.38a) 15 Sec. 605-950. Federal funds for housing.46.38a.The 16 Departmentof Commerce and Community Affairsis authorized to 17 receive and distribute federal funds to foster safe and 18 decent housing and for reimbursement of social service 19 expenses in connection with emergency shelter for the 20 homeless. 21 (Source: P.A. 85-1021.) 22 (20 ILCS 605/605-990 new) 23 (was 20 ILCS 605/46.37a) (from Ch. 127, par. 46.37a) 24 Sec. 605-990. Notice of legislation affecting local 25 governments.46.37a.Beginning on March 1, 1984 and annually 26 thereafter, the Department shall notify each county, 27 municipality, and township of all State legislation that 28whichhas taken effect during the preceding 12 months that 29whichin the Department's view directly affects or has 30 significant impact upon the functioning of local governments. 31 Notice shall be provided by delivering, by mail or otherwise, 32 to each such unit of local government a listing of the HB0236 Engrossed -210- LRB9100031DJcdA 1 legislation. 2 (Source: P.A. 83-915.) 3 (20 ILCS 605/605-995 new) 4 (was 20 ILCS 605/46.40) (from Ch. 127, par. 46.40) 5 Sec. 605-995. Contracts to perform functions at request 6 of local governments.46.40.The Director may contract on 7 behalf of the Department, at the request of the corporate 8 authorities of any municipality,if the proposed function 9 takes place within thesuchmunicipality,or at the request 10 of the corporate authorities of the county,if the proposed 11 function takes place in an unincorporated area, with any 12 person, firm, or corporation to perform any of the functions 13 provided herein,within the corporate limits as provided in 14 this Section. The Department shall not expend State funds on 15 a contractual basis for thosesuchfunctions unless those 16 functions and expenditures are expressly authorized by the 17 General Assembly. 18(a)All contracts entered into by the Director shall 19 provide for annual audits and reports of activities conducted 20 under terms of the contract, unless more frequently requested 21 by the Director. The Director shall takesuchother steps as 22arenecessary to ensureinsurethe proper discharge of 23 contract responsibilities.;24(b)The Department shall promulgate rules and 25 regulations concerning the Department's operations or 26 programs established to meet these purposes. 27 (Source: P.A. 81-1509.) 28 (20 ILCS 805/Art. 805 heading new) 29 ARTICLE 805. DEPARTMENT OF NATURAL 30 RESOURCES (CONSERVATION) 31 (20 ILCS 805/805-1 new) HB0236 Engrossed -211- LRB9100031DJcdA 1 Sec. 805-1. Article short title. This Article 805 of 2 the Civil Administrative Code of Illinois may be cited as the 3 Department of Natural Resources (Conservation) Law. 4 (20 ILCS 805/805-5 new) 5 Sec. 805-5. Definitions. In this Law: 6 "Department" means the Department of Natural Resources. 7 "Director" means the Director of Natural Resources. 8 (20 ILCS 805/805-10 new) 9 (was 20 ILCS 805/63a) (from Ch. 127, par. 63a) 10 Sec. 805-10. Department's powers, generally.63a.The 11 Departmentof Natural Resourceshas the powers enumerated in 12 the following Sections63a1 through 63b2.9. 13 (Source: P.A. 89-445, eff. 2-7-96; 90-490, eff. 8-17-97.) 14 (20 ILCS 805/805-15 new) 15 (was 20 ILCS 805/63a37) (from Ch. 127, par. 63a37) 16 Sec. 805-15. Rules and regulations. The Department has 17 the power63a37.to adopt and enforce rules and regulations 18 necessary to the performance of its statutory duties. 19 (Source: P.A. 84-437.) 20 (20 ILCS 805/805-25 new) 21 (was 20 ILCS 805/63b2.8) 22 Sec. 805-25.63b2.8.Public benefit certification. The 23 Department has the power to certify whether land encumbered 24 by a conservation right provides a demonstrated public 25 benefit for purposes of reduced land valuation in accordance 26 with Section 10-167 of the Property Tax Code. 27 (Source: P.A. 88-657, eff. 1-1-95.) 28 (20 ILCS 805/805-30 new) 29 (was 20 ILCS 805/63a38) (from Ch. 127, par. 63a38) HB0236 Engrossed -212- LRB9100031DJcdA 1 Sec. 805-30. Illinois Conservation Corps; Illinois Youth 2 Recreation Corps. The Department has the power63a38.to 3 administer the Illinois Conservation Corps Program and the 4 Illinois Youth Recreation Corps Program created by the 5"Illinois Youth and Young Adult Employment Act of 1986",6enacted by the 84th General Assembly,and to promulgate rules 7 and regulations for the administration of the programs. 8 (Source: P.A. 84-1430.) 9 (20 ILCS 805/805-35 new) 10 (was 20 ILCS 805/63a40) 11 Sec. 805-35.63a40.Adopt-A-River program. The 12 Department has the power to establish and maintain 13 Adopt-A-River programs with individual or group volunteers in 14 an effort to encourage and facilitate volunteer group 15 involvement in litter cleanup in and along portions of rivers 16 and streams located in State parks and park lands. These 17 programs shall include but not be limited to the following: 18 (1) Providing and coordinating services by 19 volunteers to reduce the amount of litter including 20 providing trash bags and trash bag pickup and, where 21 necessary, providing briefings on safety procedures. 22 (2) Providing and installing signs identifying 23 those volunteers participating in the Adopt-A-River 24 program in particular parks and park lands. 25 The State and the Departmentof Natural Resourcesand its 26 employees are not liable for any damages or injury suffered 27 by any person resulting from his or her participation in the 28 program or from the actions or activities of the volunteers. 29 (Source: P.A. 89-154, eff. 7-19-95; 89-626, eff. 8-9-96; 30 90-14, eff. 7-1-97.) 31 (20 ILCS 805/805-40 new) 32 (was 20 ILCS 805/63a41) HB0236 Engrossed -213- LRB9100031DJcdA 1 Sec. 805-40.63a41. Establishment ofAdopt-A-Park 2 program. The Departmentof Natural Resourcesmay establish 3 and maintain Adopt-A-Park programs with individual or group 4 volunteers in an effort to reduce and remove litter from 5 parks and park lands. These programs shall include but not 6 be limited to the following: 7 (1) Providing and coordinating services by 8 volunteers to reduce the amount of litter, including 9 providing trash bags and trash bag pickup and, in 10 designated areas where volunteers may be in close 11 proximity to moving vehicles, providing safety briefings 12 and reflective safety gear. 13 (2) Providing and installing signs identifying 14 those volunteers adopting particular parks and park 15 lands. 16 (Source: P.A. 89-232, eff. 1-1-96; 89-626, eff. 8-9-96; 17 90-14, eff. 7-1-97.) 18 (20 ILCS 805/805-70 new) 19 (was 20 ILCS 805/63b2.9) 20 Sec. 805-70.63b2.9.Grants and contracts. 21 (a) The Department has the power to accept, receive, 22 expend, and administer, including by grant, agreement, or 23 contract, those funds that are made available to the 24 Department from the federal government and other public and 25 private sources in the exercise of its statutory powers and 26 duties. 27 (b) The Department may make grants to other State 28 agencies, universities, not-for-profit organizations, and 29 local governments, pursuant to an appropriation in the 30 exercise of its statutory powers and duties. 31 (Source: P.A. 90-490, eff. 8-17-97.) 32 (20 ILCS 805/805-80 new) HB0236 Engrossed -214- LRB9100031DJcdA 1 (was 20 ILCS 805/63b1.2) 2 Sec. 805-80.63b1.2.Indirect cost reimbursements. 3 Indirect cost reimbursements applied for by the Departmentof4Natural Resourcesmay be allocated as State matching funds. 5 Any indirect cost reimbursement applied for and received by 6 the Department shall be deposited intotothe same fund as 7 the direct cost and may be expended, subject to 8 appropriation, for support of programs administered by the 9 Departmentof Natural Resources. 10 (Source: P.A. 90-490, eff. 8-17-97.) 11 (20 ILCS 805/805-100 new) 12 (was 20 ILCS 805/63a1) (from Ch. 127, par. 63a1) 13 Sec. 805-100. Conservation of fish and game. The 14 Department has the power63a1.to take all measures necessary 15 for the conservation, preservation, distribution, 16 introduction, propagation, and restoration of fish, mussels, 17 frogs, turtles, game, wild animals, wild fowls, and birds. 18 (Source: Laws 1967, p. 1088.) 19 (20 ILCS 805/805-105 new) 20 (was 20 ILCS 805/63a2) (from Ch. 127, par. 63a2) 21 Sec. 805-105. Conservation of fauna and flora. The 22 Department has the power63a2.to take all measures necessary 23 for the conservation, preservation, distribution, 24 introduction, propagation, and restoration of the fauna and 25 flora, except where other laws designate responsibilities 26 specifically to other governmental agencies. The Director 27 and authorized employees of the Department may expendsuch28 sumsasthe Director deems necessary to purchase any fauna 29 and flora or parts thereof protected by the Department for 30 use as evidence of a violation of the Fish and Aquatic Life 31 Code, the Wildlife Code, or any other Act administered by the 32 Department,and may employ persons to obtain thatsuchHB0236 Engrossed -215- LRB9100031DJcdA 1 evidence. The Director is authorized to establish 2 investigative cash funds for the purpose of purchasing 3 evidence or financing any investigation of persons suspected 4 of having violated thosesuchActs. TheSuchinvestigative 5 cash funds shall be operated and maintained on the imprest 6 system, and no such fund shall exceed $10,000. The 7 Department is authorized to deposit thesuchmoney in a 8 locally held bank account. TheSuchfunds to be expended 9 shall come from public donations, proceeds from the sale of 10 flora and fauna no longer or not needed as evidence that were 11 purchased with investigative cash funds, and appropriations 12 to the Department for contractual services. 13 (Source: P.A. 87-798; 87-895.) 14 (20 ILCS 805/805-110 new) 15 (was 20 ILCS 805/63a3) (from Ch. 127, par. 63a3) 16 Sec. 805-110. Statistics relating to fauna and flora. 17 The Department has the power63a3.to collect and publish 18 statistics relating to the fauna and flora. 19 (Source: Laws 1967, p. 1088.) 20 (20 ILCS 805/805-115 new) 21 (was 20 ILCS 805/63a4) (from Ch. 127, par. 63a4) 22 Sec. 805-115. Conservation information. The Department 23 has the power63a4.to acquire and disseminate information 24 concerning the propagation and conservation of the fauna and 25 flora, and the activities of the Department and the 26 industries affected by conservation and propagation. 27 (Source: Laws 1967, p. 1088.) 28 (20 ILCS 805/805-120 new) 29 (was 20 ILCS 805/63a5) (from Ch. 127, par. 63a5) 30 Sec. 805-120. Pollution prevention. The Department has 31 the power63a5.to exercise all rights, powers, and duties HB0236 Engrossed -216- LRB9100031DJcdA 1 conferred by law and to takesuchmeasures thatasare 2 necessary for the prevention of pollution of and engendering 3 of sanitary and wholesome conditions in rivers, lakes, 4 streams, and other waters in this State thataswill promote, 5 protect, and conserve fauna and flora and to work in 6 conjunction with any other department of State government 7 that isas shall beproceeding to prevent stream and water 8 pollution. 9 (Source: Laws 1967, p. 1088.) 10 (20 ILCS 805/805-125 new) 11 (was 20 ILCS 805/63b1) (from Ch. 127, par. 63b1) 12 Sec. 805-125. Agreements with federal agencies.63b1.13 The Department hasof Natural Resources shall havethe power 14 and authority to enter into agreements with appropriate 15 federal agencies in order to better effect cooperative 16 undertakings in the conservation, preservation, distribution, 17 and propagation of fish, mussels, frogs, turtles, game, wild 18 animals, wild fowls, birds, trees, plants, and forests. 19 (Source: P.A. 89-445, eff. 2-7-96.) 20 (20 ILCS 805/805-130 new) 21 (was 20 ILCS 805/63a8) (from Ch. 127, par. 63a8) 22 Sec. 805-130. Conservation of forests. The Department 23 has the power63a8.to takesuchmeasures for the promotion 24 of planting, encouragement, protection, and conservation of 25 forests and to promote forestry in this State, including but 26 not limited to reforestation, woodland management, fire 27 management, and forest marketing and utilization, to exercise 28 the rights, powers, and duties in relation thereto that are 29as may beconferred by law, to promote sound forestry 30 management as described by the"Illinois Forestry Development 31 Act", and to carry out the functions ascribed to the 32 Department by that Act. HB0236 Engrossed -217- LRB9100031DJcdA 1 (Source: P.A. 85-150.) 2 (20 ILCS 805/805-200 new) 3 (was 20 ILCS 805/63a13-1) (from Ch. 127, par. 63a13-1) 4 Sec. 805-200. Property given in trust. The Department 5 has the power63a13-1.to accept, hold, maintain, and 6 administer, as trustee, property given in trust for 7 educational, recreational, or historic purposes for the 8 benefit of the People of the State of Illinois and to dispose 9 of thatsuchproperty pursuant to the terms of the instrument 10 creating the trust. 11 (Source: Laws 1968, p. 148.) 12 (20 ILCS 805/805-205 new) 13 (was 20 ILCS 805/63a29) (from Ch. 127, par. 63a29) 14 Sec. 805-205. Acquiring real property subject to life 15 estate. The Department has the power63a29.to acquire, for 16 purposes authorized by law, any real property in fee simple 17 subject to a life estate in the seller in not more than 3 18 acres of the real property acquired, subject to the 19 restrictions that the life estate shall be used for 20 residential purposes only and that it shall be 21 non-transferable. 22 (Source: P.A. 79-332.) 23 (20 ILCS 805/805-210 new) 24 (was 20 ILCS 805/63a33) (from Ch. 127, par. 63a33) 25 Sec. 805-210. Purchasing land for State parks. The 26 Department has the power63a33.to purchase land for State 27 park purposes by contract for deed under the terms and 28 restrictions of Section 2 of the"An Act in relation to the29acquisition, control, maintenance, improvement and protection30ofState Parks Actand nature preserves", approved June 26,311925, as now or hereafter amended. TheSuchpurchase HB0236 Engrossed -218- LRB9100031DJcdA 1 restrictions under that Actthereundershall include and take 2 into consideration any purchases by contract for deed under 3 Sections 805-205, 805-215, 805-225, 805-230, and 805-255 463a10, 63a17, 63a18, 63a19 and 63a29 of this Act. 5 (Source: P.A. 81-554; 81-1509.) 6 (20 ILCS 805/805-215 new) 7 (was 20 ILCS 805/63a17) (from Ch. 127, par. 63a17) 8 Sec. 805-215. Acquiring jurisdiction over federal 9 government lands. The Department has the power63a17.to 10 acquire jurisdiction by lease, purchase, contract, or 11 otherwise,over any lands held by or otherwise under the 12 jurisdiction of the federal government for the purpose of 13 carrying out any power or duty conferred upon the Department 14 and to locate, relocate, construct, and maintain roadways and 15 parking areas on thosesuchlands and to supply all 16 facilities necessary for public use of the areas. 17 (Source: Laws 1967, p. 1088.) 18 (20 ILCS 805/805-220 new) 19 (was 20 ILCS 805/63a34) (from Ch. 127, par. 63a34) 20 Sec. 805-220. Historic structures. The Department has 21 the power63a34.to lease or purchase any lands or 22 structures for the purpose of restoring, renovating, and 23 maintaining structures of historic significance thatwhich24 are listed in the Illinois or National Register of Historic 25 Places for public use; to acquire all necessary property or 26 rights-of-way for the purpose of providing access to those 27suchstructures; and to construct buildings orsuchother 28 facilitiesasthe Department deems necessary or desirable for 29 maximum utilization of thosesuchfacilities for public use. 30 However, any structures obtained for the purpose of being 31 used as State office facilities shall be subject to the 32 authority of the Department of Central Management Services, HB0236 Engrossed -219- LRB9100031DJcdA 1 and any leases for thosesuchfacilities shall be negotiated 2 and executed by the Department of Central Management 3 Services. 4 (Source: P.A. 83-282.) 5 (20 ILCS 805/805-225 new) 6 (was 20 ILCS 805/63a19) (from Ch. 127, par. 63a19) 7 Sec. 805-225. Conservation of natural or scenic 8 resources. The Department has the power63a19.to acquire 9 the fee or any lesser interests, including scenic easements, 10 in real property in order to preserve, through limitation of 11 future use, areas of great natural scenic beauty or areas 12 whose existing openness, natural condition, or present state 13 of use, if retained, would enhance the present or potential 14 value of abutting or surrounding recreational area 15 development,or would maintain or enhance the conservation of 16 natural or scenic resources. 17 (Source: Laws 1967, p. 1088.) 18 (20 ILCS 805/805-230 new) 19 (was 20 ILCS 805/63a18) (from Ch. 127, par. 63a18) 20 Sec. 805-230. Developing recreational areas. The 21 Department has the power63a18.to lease from individuals, 22 corporations, or any other form of private ownership, from 23 any municipality, public corporation, or political 24 subdivision of this State, or from the United States,any 25 lands or waters for the purpose of developing outdoor 26 recreational areas for public use and to acquire all 27 necessary property or rights-of-way,for the purposes of 28 ingress or egress to thosesuchlands and waters,and to 29 construct buildings and other recreational facilities, 30 including roadways, bridges, and parking areas, thatasthe 31 Department deems necessary or desirable for maximum 32 utilization of recreational facilities for public use of the HB0236 Engrossed -220- LRB9100031DJcdA 1 areas. 2 (Source: Laws 1967, p. 1088.) 3 (20 ILCS 805/805-235 new) 4 (was 20 ILCS 805/63a6) (from Ch. 127, par. 63a6) 5 Sec. 805-235. Lease of lands acquired by the Department; 6 disposition of obsolete buildings. The Department has the 7 power63a6.to do and perform each and every act or thing 8 considered by the Director to be necessary or desirable to 9 fulfill and carry out the intent and purpose of all laws 10 pertaining to the Department,of Natural Resourcesincluding 11 the right to rehabilitate or sell at public auction,12 buildings or structures affixed to lands over which the 13 Department has acquired jurisdiction when in the judgment of 14 the Director thosesuchbuildings or structures are obsolete, 15 inadequate, or unusable for the purposes of the Department 16 and to lease thosesuchlands with or without appurtenances 17 for a consideration in money or in kind for a period of time 18 not in excess of 5 years for thesuchpurposes and upon the 19suchterms and conditions thatasthe Director considers to 20 be in the best interests of the State when thosesuchlands 21 are not immediately to be used or developed by the State. 22 All thosesuchsales shall be made subject to the written 23 approval of the Governor. The funds derived from thosesuch24 sales and from thosesuchleases shall be deposited in the 25 State Parks Fund, except that funds derived from thosesuch26 sales and from thosesuchleases on lands managed and 27 operated principally as wildlife or fisheries areas by the 28 Departmentof Natural Resourcesshall be deposited in the 29 Wildlife and Fish Fund. 30 (Source: P.A. 89-445, eff. 2-7-96.) 31 (20 ILCS 805/805-240 new) 32 (was 20 ILCS 805/63b) (from Ch. 127, par. 63b) HB0236 Engrossed -221- LRB9100031DJcdA 1 Sec. 805-240. Sale of land affected by federal emergency 2 conservation work; work on privately owned land.63b.3 (a) The Department hasof Natural Resources shall have4 the power and authority for and on behalf of the State to 5 make contractual agreements with the federal government 6 providing that if, as a result of the emergency conservation 7 work done by the federal government on State, county, and 8 municipally owned land in Illinois,under the provisions of a 9 federal act entitled "An Act for the relief of unemployment 10 through the performance of useful public work, and for other 11 purposes,", enacted by the 73rd Congress, the State derives a 12 direct profit from the sale of thatsuchland or its products 13 , thenthatthe proceeds will be divided equally between the 14 State of Illinois,and the federal government until the State 15 shall have paid for the work done at the rate of $1.00 per 16 man per day for the time spent on thesuchwork or projects, 17 subject to a maximum of $3.00 per acre. 18 The Department's agreements with the U.S. Government may 19 include general indemnification provisions as required by 20 federal statutes for nonfederal sponsorship of a federally 21 authorized project. 22 (b) The Department may also assume responsibility for 23 the maintenance of work done on privately owned land either 24 by the owners of the land or otherwise and may by contract 25 with the owners reserve the right to remove any structures or 26 other things of removable value resulting from the work, 27 including products of trees planted, thesuchremoval to be 28 without compensation to the landowner. 29 (Source: P.A. 89-445, eff. 2-7-96.) 30 (20 ILCS 805/805-245 new) 31 (was 20 ILCS 805/63b2.1) (from Ch. 127, par. 63b2.1) 32 Sec. 805-245. Disposition of State park lands.63b2.1.33 The Departmentof Natural Resourcesshall not dispose of any HB0236 Engrossed -222- LRB9100031DJcdA 1 portion of a State park except as specifically authorized by 2 law. This prohibition shall not restrict the Department from 3 conveyance of easements and other lesser interests in land. 4 (Source: P.A. 89-445, eff. 2-7-96.) 5 (20 ILCS 805/805-250 new) 6 (was 20 ILCS 805/63a20) (from Ch. 127, par. 63a20) 7 Sec. 805-250. Leases for strategic military sites. The 8 Department has the power63a20.to lease lands over which the 9 Department has jurisdiction to the United States Army for use 10 as strategic military sites for a period not to exceed 10 11 years. All such leases, for whatever period, shall be subject 12 to the written approval of the Governor. 13 (Source: Laws 1967, p. 1088.) 14 (20 ILCS 805/805-255 new) 15 (was 20 ILCS 805/63a10) (from Ch. 127, par. 63a10) 16 Sec. 805-255. Transfers to other State agency or federal 17 government; acquisition of federal lands. The Department has 18 the power63a10.to transfer jurisdiction of or exchange any 19 realty under the control of the Department to any other 20 department of the State government, or to any agency of the 21 federal government, or to acquire or accept federal lands, 22 when thesuchtransfer, exchange, acquisition, or acceptance 23 is advantageous to the State and is approved in writing by 24 the Governor. 25 (Source: Laws 1967, p. 1088.) 26 (20 ILCS 805/805-260 new) 27 (was 20 ILCS 805/63a7) (from Ch. 127, par. 63a7) 28 Sec. 805-260. Licenses and rights-of-way for public 29 services. The Department has the power63a7.to grant 30 licenses and rights-of-way within the areas controlled by the 31 Department for the construction, operation, and maintenance HB0236 Engrossed -223- LRB9100031DJcdA 1 upon, under, or across thesuchproperty,of facilities for 2 water, sewage, telephone, telegraph, electric, gas, or other 3 public service, subject tosuchterms and conditionsas may4bedetermined by the Department. 5 (Source: Laws 1967, p. 1088.) 6 (20 ILCS 805/805-265 new) 7 (was 20 ILCS 805/63a39) 8 Sec. 805-265. Public utility easement on Tunnel Hill 9 Bicycle Trail. The Department has the power63a39.to grant 10 a public utility easement in the Saline Valley Conservance 11 District on the Tunnel Hill Bicycle Trail for construction 12 and maintenance of a waterline, subject tosuchterms and 13 conditionsas may bedetermined by the Department. 14 (Source: P.A. 88-369.) 15 (20 ILCS 805/805-270 new) 16 (was 20 ILCS 805/63a26) (from Ch. 127, par. 63a26) 17 Sec. 805-270. Surplus agricultural products. The 18 Department has the power63a26.to sell or exchange surplus 19 agricultural products grown on land owned by or under the 20 jurisdiction of the Department,when thosesuchproducts 21 cannot be used by the Department. 22 (Source: P.A. 83-1374; 83-1486.) 23 (20 ILCS 805/805-275 new) 24 (was 20 ILCS 805/63a27) (from Ch. 127, par. 63a27) 25 Sec. 805-275. Sale of63a27. To sellgravel and other 26 materials. The Department has the power to sell gravel, sand, 27 earth, or other material from any State of Illinois owned 28 lands or waters under the jurisdiction of the Department at a 29 fair market price. The proceeds from thesuchsales shall be 30 deposited intointhe Wildlife and Fish Fund in the State 31 treasury. HB0236 Engrossed -224- LRB9100031DJcdA 1 (Source: P.A. 90-372, eff. 7-1-98.) 2 (20 ILCS 805/805-300 new) 3 (was 20 ILCS 805/63a21) (from Ch. 127, par. 63a21) 4 Sec. 805-300. Public accommodation, educational, and 5 service facilities. The Department has the power63a21.to 6 develop and operate public accommodation, educational, and 7 service facilities on lands over which the Department has 8 jurisdiction,and to lease lands over which the Department 9 has jurisdiction to persons or public or private corporations 10 for a period not to exceed 99 years for the construction, 11 maintenance, and operation of public accommodation, 12 educational, and service facilities. ThoseSuchpublic 13 accommodation, educational, and service facilities include, 14 but are not limited to, marinas, overnight housing 15 facilities, tent and trailer camping facilities, recreation 16 facilities, food service facilities, and similar 17 accommodations. With respect to lands leased from the federal 18 government or any agency of the federal governmentthereof, 19 the Department may sub-lease thosesuchlands for a period 20 not to exceed the time of duration of the federal lease with 21 the same renewal options that are contained in the federal 22 lease. All such leases or sub-leases, for whatever period, 23 shall be made subject to the written approval of the 24 Governor. 25 (Source: P.A. 84-984.) 26 (20 ILCS 805/805-305 new) 27 (was 20 ILCS 805/63a23) (from Ch. 127, par. 63a23) 28 Sec. 805-305.63a23.Campsites and housing facilities. 29 The Department has the power to provide facilities for 30 overnight tent and trailer camp sites and to provide suitable 31 housing facilities for student and juvenile overnight camping 32 groups. The Department of Natural Resources may regulate, by HB0236 Engrossed -225- LRB9100031DJcdA 1 administrative order, the fees to be charged for tent and 2 trailer camping units at individual park areas based upon the 3 facilities available. However, for campsites with access to 4 showers or electricity, any Illinois resident who is age 62 5 or older or has a Class 2 disability as defined in Section 4A 6 of the Illinois Identification Card Act shall be charged only 7 one-half of the camping fee charged to the general public 8 during the period Monday through Thursday of any week and 9 shall be charged the same camping fee as the general public 10 on all other days. For campsites without access to showers 11 or electricity, no camping fee authorized by this Section 12 shall be charged to any resident of Illinois who has a Class 13 2 disability as defined in Section 4A of the Illinois 14 Identification Card Act. For campsites without access to 15 showers or electricity, no camping fee authorized by this 16 Section shall be charged to any resident of Illinois who is 17 age 62 or older for the use of a camp site unit during the 18 period Monday through Thursday of any week. No camping fee 19 authorized by this Section shall be charged to any resident 20 of Illinois who is a disabled veteran or a former prisoner of 21 war, as defined in Section 5 of the Department of Veterans 22 Affairs Act. Nonresidents shall be charged the same fees as 23 are authorized for the general public regardless of age. The 24 Department shall provide by regulation for suitable proof of 25 age, or either a valid driver's license or a "Golden Age 26 Passport" issued by the federal government shall be 27 acceptable as proof of age. The Department shall further 28 provide by regulation that notice of thesesuchreduced 29 admission fees be posted in a conspicuous place and manner. 30 Reduced fees authorized in this Section shall not apply 31 to any charge for utility service. 32 (Source: P.A. 88-91; 89-445, eff. 2-7-96.) 33 (20 ILCS 805/805-310 new) HB0236 Engrossed -226- LRB9100031DJcdA 1 (was 20 ILCS 805/63a24) (from Ch. 127, par. 63a24) 2 Sec. 805-310. Lease of campsite facilities from State 3 Parks Revenue Bond Commission. The Department has the power 463a24.to lease from the State Parks Revenue Bond Commission 5 any facilities for overnight tent and trailer campsites 6 constructed by the Commission that the Department may 7 consider desirable or necessary for the efficient operation 8 of the State Parks System. The income collected from these 9suchoperations shall be deposited in the State Parks Revenue 10 Bond Fund. 11 (Source: Laws 1967, p. 1088.) 12 (20 ILCS 805/805-315 new) 13 (was 20 ILCS 805/63a21.2) (from Ch. 127, par. 63a21.2) 14 Sec. 805-315. Cash incentives for concession complexes. 15 The Department has the power63a21.2.to offer a cash 16 incentive not to exceed 35% of the total documented costs to 17 a qualified bidder for the development, construction, and 18 supervision by thesuchbidder of any concession complex, 19 including but not limited to resort hotels, park lodges, 20 marinas, golf courses, recreational developments, and 21 ancillary or support facilities pertinent thereto, on any 22 property leased to or under the jurisdiction of the 23 Department; provided, however, that all contracts utilizing 24 the State cash incentive program pursuant to this Section 25 shall be subject to public bidding and to the written 26 approval of the Governor. Prior to approval by the Governor, 27 the Department shall give reasonable public notice and 28 conduct a public hearing in a community close to the proposed 29 project. 30 (Source: P.A. 85-699; 86-1189.) 31 (20 ILCS 805/805-320 new) 32 (was 20 ILCS 805/63a21.3) (from Ch. 127, par. 63a21.3) HB0236 Engrossed -227- LRB9100031DJcdA 1 Sec. 805-320. Cash incentive for concession complex at 2 Fort Massac State Park. The Department has the power 363a21.3.to offer a cash incentive not to exceed $400,000, 4 excluding land value, to a qualified bidder for the 5 development, construction, and supervision by thesuchbidder 6 of a concession complex at Fort Massac State Park, including 7 but not limited to a water recreational park, recreational 8 developments, and ancillary or support facilities pertinent 9 thereto, on any property leased to or under the jurisdiction 10 of the Department; provided, however, that all contracts 11 utilizing the State cash incentive program pursuant to this 12 Section shall be subject to public bidding and to the written 13 approval of the Governor. Prior to approval by the Governor, 14 the Department shall give reasonable public notice and 15 conduct a public hearing in a community close to the proposed 16 project. 17 (Source: P.A. 84-1316.) 18 (20 ILCS 805/805-325 new) 19 (was 20 ILCS 805/63a25) (from Ch. 127, par. 63a25) 20 Sec. 805-325. Public boat launching facilities; 21 artificial water impoundments. The Department has the power 2263a25.to cooperate and contract with municipalities, 23 counties, or other local governmental units to construct and 24 operate public boat launching facilities on the public waters 25 of this State and to build roads and parking areas in 26 connection therewith and to participate with all such 27 governmental units in planning and constructing artificial 28 water impoundments for recreational purposes. 29 (Source: Laws 1967, p. 1088.) 30 (20 ILCS 805/805-330 new) 31 (was 20 ILCS 805/63a14) (from Ch. 127, par. 63a14) 32 Sec. 805-330. Lease of concessions. The Department has HB0236 Engrossed -228- LRB9100031DJcdA 1 the power63a14.to lease concessions on any property under 2 the jurisdiction of the Departmentof Natural Resourcesfor a 3 period not exceeding 25 years. All such leases, for whatever 4 period, shall be made subject to the written approval of the 5 Governor. All concession leases executed after January 1, 6 1982, extending for a period in excess of 10 years, shall 7willcontain provisions for the Department to participate, on 8 a percentage basis, in the revenues generated by any 9 concession operation. 10 The Departmentof Natural Resourcesis authorized to 11 allow for provisions for a reserve account and a leasehold 12 account included within departmental concession lease 13 agreements for the purpose of setting aside revenues for the 14 maintenance, rehabilitation, repair, improvement, and 15 replacement of the concession facility, structure, and 16 equipment of the Department thatof Natural Resources which17 are a part of the leased premises. 18 The leasehold account shall allow for the amortization of 19 certain authorized expenses that are incurred by the 20 concession lessee,but thatwhichare not an obligation of 21 the lessee under the terms and conditions of the lease 22 agreement. The Departmentof Natural Resourcesmay allow a 23 reduction of up to 50% of the monthly rent due for the 24 purpose of enabling the recoupment of the lessee's authorized 25 expenditures during the term of the lease. 26 The lessee shall be required to pay into the reserve 27 account a percentage of gross receipts, as set forth in the 28 lease, to be set aside and expended in a manner acceptable to 29 the Department by the concession lessee for the purpose of 30 ensuring that an appropriate amount of the lessee's monies 31 are provided by the lessee to satisfy the lessee's incurred 32 responsibilities for the operation of the concession facility 33 under the terms and conditions of the concession lease. 34 (Source: P.A. 89-445, eff. 2-7-96.) HB0236 Engrossed -229- LRB9100031DJcdA 1 (20 ILCS 805/805-335 new) 2 (was 20 ILCS 805/63a21.1) (from Ch. 127, par. 63a21.1) 3 Sec. 805-335.63a21.1.Fees. The Department has the 4 power to assess appropriate and reasonable fees for the use 5 of concession type facilities as well as other facilities and 6 sites under the jurisdiction of the Departmentof Natural7Resources. The Department may regulate, by rule, the fees to 8 be charged. The income collected shall be deposited intoin9 the State Parks Fund or Wildlife and Fish Fund depending on 10 the classification of the State managed facility involved. 11 (Source: P.A. 89-445, eff. 2-7-96; 90-655, eff. 7-30-98.) 12 (20 ILCS 805/805-400 new) 13 (was 20 ILCS 805/63a22) (from Ch. 127, par. 63a22) 14 Sec. 805-400. Rental of watercraft. The Department has 15 the power63a22.to provide rowboats and other watercraft for 16 daily rental at a reasonable fee at any of the State parks, 17 public hunting areas, public fishing areas, or other 18 properties of the Departmentof Natural Resourceswhere those 19suchboating facilities are considered feasible. 20 (Source: P.A. 89-445, eff. 2-7-96.) 21 (20 ILCS 805/805-405 new) 22 (was 20 ILCS 805/63a30) (from Ch. 127, par. 63a30) 23 Sec. 805-405. Sale of publications and craft items. The 24 Department has the power63a30.to cooperate with private 25 organizations and agencies of the State of Illinois by 26 providing areas and the use of staff personnel where feasible 27 for the sale of publications on the natural and cultural 28 heritage of the State and craft items made by Illinois 29 craftsmen. TheSuchsales shall not conflict with existing 30 concession agreements. The Department is authorized to 31 negotiate with thosesuchorganizations and agencies for a 32 portion of the monies received from sales to be returned to HB0236 Engrossed -230- LRB9100031DJcdA 1 the Department's State Parks Fund for the furtherance of 2 interpretive and restoration programs. 3 (Source: P.A. 79-332; 79-847; 79-1454.) 4 (20 ILCS 805/805-410 new) 5 (was 20 ILCS 805/63a32) (from Ch. 127, par. 63a32) 6 Sec. 805-410. Local bank accounts. The Department has 7 the power63a32.to establish local bank or savings and loan 8 association accounts, upon the written authorization of the 9 Director, to temporarily hold income received at any of its 10 properties.SuchLocal accounts established pursuant to this 11 Section shall be in the name of the Departmentof Natural12Resourcesand shall be subject to regular audits. The 13 balance in a local bank or savings and loan association 14 account shall be forwarded to the Departmentof Natural15Resourcesfor deposit with the State Treasurer on Monday of 16 each week if the amount to be deposited in a fund exceeds 17 $500. 18 No bank or savings and loan association shall receive 19 public funds as permitted by this Section,unless it has 20 complied with the requirements established pursuant to 21 Section 6 of the Public Funds Investment Act"An Act relating22to certain investments of public funds by public agencies",23approved July 23, 1943, as now or hereafter amended. 24 (Source: P.A. 89-445, eff. 2-7-96.) 25 (20 ILCS 805/805-420 new) 26 (was 20 ILCS 805/63a36) (from Ch. 127, par. 63a36) 27 Sec. 805-420. Appropriations from Park and Conservation 28 Fund. The Department has the power63a36.to expend monies 29 appropriated to the Departmentof Natural Resourcesfrom the 30 Park and Conservation Fund in the State treasury for 31 conservation and park purposes. 32 All revenue derived from fees paid for certificates of HB0236 Engrossed -231- LRB9100031DJcdA 1 title, duplicate certificates of title and corrected 2 certificates of title and deposited in the Park and 3 Conservation Fund, as provided for in Section 2-119 of the 4 Illinois Vehicle Code, shall be expended solely by the 5 Departmentof Natural Resourcespursuant to an appropriation 6 for acquisition, development, and maintenance of bike paths, 7 including grants for the acquisition and development of bike 8 paths. 9 (Source: P.A. 89-445, eff. 2-7-96.) 10 (20 ILCS 805/805-425 new) 11 (was 20 ILCS 805/63b2.3) (from Ch. 127, par. 63b2.3) 12 Sec. 805-425. Purchase of advertising.63b2.3.The 13 Departmentof Natural Resourceshas the power and authority 14 to purchase advertising for the purpose of education programs 15 concerning conservation. 16 (Source: P.A. 89-445, eff. 2-7-96.) 17 (20 ILCS 805/805-430 new) 18 (was 20 ILCS 805/63b2.4) (from Ch. 127, par. 63b2.4) 19 Sec. 805-430. Sale of advertising.63b2.4.The 20 Departmentof Natural Resourceshas the power and authority 21 to sell or exchange advertising rights in its publications 22 and printed materials. The sale of advertising shall be 23 subject to the rules and regulations promulgated by the 24 Department. All income received from the sale of advertising 25 shall be deposited in the Wildlife and Fish Fund, except that 26 income received from advertising in State Park brochures 27 shall be deposited into the State Parks Fund and income 28 received from advertising in boating or snowmobile program 29 literature shall be deposited in the State Boating Act Fund. 30 (Source: P.A. 88-130; 89-445, eff. 2-7-96.) 31 (20 ILCS 805/805-435 new) HB0236 Engrossed -232- LRB9100031DJcdA 1 (was 20 ILCS 805/63b2.5) (from Ch. 127, par. 63b2.5) 2 Sec. 805-435. Office of Conservation Resource Marketing. 363b2.5.The Departmentof Natural Resourcesshall maintain 4 an Office of Conservation Resource Marketing. The Office 5 shall conduct a program for marketing and promoting the use 6 of conservation resources in Illinois with emphasis on 7 recreation and tourism facilities. TheSuchOffice shall 8 coordinate its tourism promotion efforts with local community 9 events and shall include a field staff which shall work with 10 the Department of Commerce and Community Affairs and local 11 officials to coordinate State and local activities for the 12 purpose of expanding tourism and local economies. The Office 13 shall develop, review, and coordinate brochures and 14 information pamphlets for promoting the use of conservation 15 resources. The Office shall conduct marketing research to 16 identify organizations and target populations thatwhichcan 17 be encouraged to use Illinois recreation facilities for group 18 events and the many tourist sites. 19 The Directorof Natural Resourcesshall submit an annual 20 report to the Governor and the General Assembly summarizing 21 the Office'sitsactivities and including its recommendations 22 for improving the Department's tourism promotion and 23 marketing programs for conservation resources. 24 (Source: P.A. 89-445, eff. 2-7-96.) 25 (20 ILCS 805/805-500 new) 26 (was 20 ILCS 805/63a12) (from Ch. 127, par. 63a12) 27 Sec. 805-500. Transfer from Department of Public Works 28 and Buildings. The Department has the power63a12.to 29 exercise the rights, powers, and duties vested by law in the 30 Department of Public Works and Buildings as the successor of 31 the following agencies, their officers and employees: the 32 Illinois Park Commission, the Lincoln Homestead trustees, and 33 the board of commissioners of and for the Lincoln Monument HB0236 Engrossed -233- LRB9100031DJcdA 1 grounds. 2 (Source: Laws 1967, p. 1088.) 3 (20 ILCS 805/805-505 new) 4 (was 20 ILCS 805/63a31) (from Ch. 127, par. 63a31) 5 Sec. 805-505. Transfer from Illinois Bicentennial 6 Commission. The Department has the power63a31.to exercise 7 the rights, powers, and duties of the Illinois Bicentennial 8 Commission under the"Illinois Bicentennial Commission Act", 9 approved August 2, 1972 (repealed), as amended. All books, 10 records, equipment, and other property held by or in the 11 custody of Illinois Bicentennial Commission shall be 12 transferred to the Department of Natural Resources (formerly 13 designated the Department of Conservation), which shall be 14 the successor agency to the Commission. Every person or 15 legal entity who entered into any agreement with the Illinois 16 Bicentennial Commission shall be subject to the same 17 obligations and duties and shall have the same rights as if 18 that person or legal entity had entered in the agreement with 19 the Department of Natural Resources. 20 (Source: P.A. 89-445, eff. 2-7-96.) 21 (20 ILCS 805/805-510 new) 22 (was 20 ILCS 805/63a13) (from Ch. 127, par. 63a13) 23 Sec. 805-510. Public monuments and memorials. The 24 Department has the power63a13.to erect, supervise, and 25 maintain all public monuments and memorials erected by the 26 State on properties under the jurisdiction of the Department 27 of Natural Resources, except when the supervision and 28 maintenance of a monument or memorialthereofis otherwise 29 provided by law. Under the power granted by this Section the 30 Department shall (i) provide a site in Rock Cut State Park 31 for the Winnebago County Vietnam Veterans' Memorial;and (ii) 32 allow the Vietnam Veterans' Honor Society to erect the HB0236 Engrossed -234- LRB9100031DJcdA 1 Memorial of an agreed design. 2 (Source: P.A. 90-372, eff. 7-1-98.) 3 (20 ILCS 805/805-515 new) 4 (was 20 ILCS 805/63a28) (from Ch. 127, par. 63a28) 5 Sec. 805-515. Enforcement of laws and regulations. The 6 Department has the power63a28.to enforce the laws of the 7 State and the rules and regulations of the Department in or 8 on any lands owned, leased, or managed by the Department and 9 any lands that are dedicated as a nature preserve or buffer 10 area under the"Illinois Natural Areas Preservation Act", as11now or hereafter amended. 12 (Source: P.A. 82-445.) 13 (20 ILCS 805/805-520 new) 14 (was 20 ILCS 805/63a11) (from Ch. 127, par. 63a11) 15 Sec. 805-520. Operation of motorboats. The Department 16 has the power63a11.to enforce the provisions of "An Act 17 regulating the operation of motorboats", approved July 18, 18 1947 (repealed). 19 (Source: Laws 1967, p. 1088.) 20 (20 ILCS 805/805-525 new) 21 (was 20 ILCS 805/63a15) (from Ch. 127, par. 63a15) 22 Sec. 805-525. Regulation of boats on lakes. The 23 Department has the power63a15.to designate the size, type, 24 and kind of boats that may be used on lakes owned and 25 operated by the Department and to charge a reasonable annual 26 service, usage, or rental fee for the use of privately owned 27 boats on thosesuchlakes. 28 (Source: Laws 1967, p. 1088.) 29 (20 ILCS 805/805-530 new) 30 (was 20 ILCS 805/63a9) (from Ch. 127, par. 63a9) HB0236 Engrossed -235- LRB9100031DJcdA 1 Sec. 805-530. Agents' entry on lands and waters.63a9.2 The officers, employees, and agents of the Departmentof3Natural Resources, for the purposes of investigation and to 4 exercise the rights, powers, and duties vested and that may 5 be vested in it, may enter and cross all lands and waters in 6 this State, doing no damage to private property. 7 (Source: P.A. 89-445, eff. 2-7-96.) 8 (20 ILCS 805/805-535 new) 9 (was 20 ILCS 805/63b2.2) (from Ch. 127, par. 63b2.2) 10 Sec. 805-535. Conservation Police Officers.63b2.2.In 11 addition to the arrest powers prescribed by law, Conservation 12 Police Officers are conservators of the peace and as such 13 have all powers possessed by policemen, except that they may 14 exercise thosesuchpowers anywhere in this State. 15 Conservation Police Officers acting under the authority of 16 this Section are considered employees of the Department and 17 are subject to its direction, benefits, and legal protection. 18 (Source: P.A. 83-483.) 19 (20 ILCS 805/805-540 new) 20 (was 20 ILCS 805/63b2.6) (from Ch. 127, par. 63b2.6) 21 Sec. 805-540. Enforcement of adjoining state's laws. 2263b2.6.The Directorof Natural Resourcesmay grant 23 authority to the officers of any adjoining state who are 24 authorized and directed to enforce the laws of that state 25 relating to the protection of flora and fauna to take any of 26 the following actions and have the following powers within 27 the State of Illinois: 28 (1) To follow, seize, and return to the adjoining 29 state any flora or fauna or part thereof shipped or taken 30 from the adjoining state in violation of the laws of that 31 state and brought into this State. 32 (2) To dispose of any such flora or fauna or part HB0236 Engrossed -236- LRB9100031DJcdA 1 thereof under the supervision of an Illinois Conservation 2 Police Officer. 3 (3) To enforce as an agent of this State, with the 4 same powers as an Illinois Conservation Police Officer, 5 each of the following laws of this State: 6 (i) The Illinois Endangered Species Protection 7 Act.;8 (ii) The Fish and Aquatic Life Code.;9 (iii) The Wildlife Code.;10 (iv) The Wildlife Habitat Management Areas Act 11 .;12 (v) The Hunter Interference Prohibition Act.;13 (vi) The Illinois Non-Game Wildlife Protection 14 Act.;15 (vii) The Ginseng Harvesting Act.;16 (viii) The State Forest Act.;17 (ix) The Forest Products Transportation Act.;18 (x) The Timber Buyers Licensing Act..19 Any officer of an adjoining state acting under a power or 20 authority granted by the Directorof Natural Resources21 pursuant to this Section shall act without compensation or 22 other benefits from this State and without this State having 23 any liability for the acts or omissions of that officer. 24 (Source: P.A. 89-445, eff. 2-7-96.) 25 (20 ILCS 1005/Art. 1005 heading new) 26 ARTICLE 1005. DEPARTMENT OF EMPLOYMENT SECURITY 27 (20 ILCS 1005/1005-1 new) 28 Sec. 1005-1. Article short title. This Article 1005 of 29 the Civil Administrative Code of Illinois may be cited as the 30 Department of Employment Security Law. 31 (20 ILCS 1005/1005-5 new) HB0236 Engrossed -237- LRB9100031DJcdA 1 Sec. 1005-5. Definitions. In this Law: 2 "Department" means the Department of Employment Security. 3 "Director" means the Director of Employment Security. 4 (20 ILCS 1005/1005-10 new) 5 (was 20 ILCS 1005/43a) (from Ch. 127, par. 43a) 6 Sec. 1005-10. Powers, generally.43a.The Departmentof7Employment Securityhas the powers enumerated in the 8 following Sections43a.01 to 43a.12. 9 (Source: P.A. 84-1430.) 10 (20 ILCS 1005/1005-15 new) 11 (was 20 ILCS 1005/43a.02) (from Ch. 127, par. 43a.02) 12 Sec. 1005-15. Employment opportunities. The Department 13 has the power43a.02.to advance opportunities for 14 profitable employment. 15 (Source: P.A. 83-1503.) 16 (20 ILCS 1005/1005-20 new) 17 (was 20 ILCS 1005/43a.04) (from Ch. 127, par. 43a.04) 18 Sec. 1005-20. Statistical details of manufacturing 19 industries and commerce. The Department has the power 2043a.04.to collect, collate, assort, systematize, and report 21 statistical details of the manufacturing industries and 22 commerce of the State. 23 (Source: P.A. 83-1503.) 24 (20 ILCS 1005/1005-25 new) 25 (was 20 ILCS 1005/43a.05) (from Ch. 127, par. 43a.05) 26 Sec. 1005-25. Labor information. The Department has the 27 power43a.05.to acquire and diffuse useful information on 28 subjects connected with labor in the most general and 29 comprehensive sense of that word. 30 (Source: P.A. 83-1503.) HB0236 Engrossed -238- LRB9100031DJcdA 1 (20 ILCS 1005/1005-30 new) 2 (was 20 ILCS 1005/43a.03) (from Ch. 127, par. 43a.03) 3 Sec. 1005-30. Statistical details relating to 4 departments of labor. The Department has the power43a.03.5 to collect, collate, assort, systematize, and report 6 statistical details relating to all departments of labor, 7 especially in its relation to commercial, industrial, social, 8 educational, and sanitary conditions, and to the permanent 9 prosperity of the manufacturing and productive industries. 10 (Source: P.A. 83-1503.) 11 (20 ILCS 1005/1005-35 new) 12 (was 20 ILCS 1005/43a.07) (from Ch. 127, par. 43a.07) 13 Sec. 1005-35. General conditions of leading industries. 14 The Department has the power43a.07.to acquire information 15 and report upon the general conditions, so far as production 16 is concerned, of the leading industries of the State. 17 (Source: P.A. 83-1503.) 18 (20 ILCS 1005/1005-40 new) 19 (was 20 ILCS 1005/43a.08) (from Ch. 127, par. 43a.08) 20 Sec. 1005-40. Conditions of employment. The Department 21 has the power43a.08.to acquire and diffuse information as 22 to the conditions of employment,andsuchother facts thatas23may be deemed of value to the industrial interests of the 24 State. 25 (Source: P.A. 83-1503.) 26 (20 ILCS 1005/1005-45 new) 27 (was 20 ILCS 1005/43a.06) (from Ch. 127, par. 43a.06) 28 Sec. 1005-45. Prosperity of laboring men and women. The 29 Department has the power43a.06.to acquire and diffuse 30 among the people useful information concerning the means of 31 promoting the material, social, intellectual, and moral HB0236 Engrossed -239- LRB9100031DJcdA 1 prosperity of laboring men and women. 2 (Source: P.A. 83-1503.) 3 (20 ILCS 1005/1005-50 new) 4 (was 20 ILCS 1005/43a.11) (from Ch. 127, par. 43a.11) 5 Sec. 1005-50. Welfare of wage earners. The Department 6 has the power43a.11.to foster, promote, and develop the 7 welfare of wage earners. 8 (Source: P.A. 83-1503.) 9 (20 ILCS 1005/1005-75 new) 10 (was 20 ILCS 1005/43a.12) (from Ch. 127, par. 43a.12) 11 Sec. 1005-75. Jobs for summer employment of youth. The 12 Department has the power43a.12.to make available through 13 itstheofficesof the Department of Employment Securitya 14 listing of all jobs available in each area for the summer 15 employment of youth. 16 (Source: P.A. 84-1430.) 17 (20 ILCS 1005/1005-100 new) 18 (was 20 ILCS 1005/43a.01) (from Ch. 127, par. 43a.01) 19 Sec. 1005-100.43a.01.Public employment offices. The 20 Department has the power to exercise the rights, powers, and 21 duties vested by law in the general advisory board of public 22 employment offices, local advisory boards of public 23 employment offices, and other officers and employees of 24 public employment offices. 25 (Source: P.A. 90-372, eff. 7-1-98.) 26 (20 ILCS 1005/1005-105 new) 27 (was 20 ILCS 1005/43a.09) (from Ch. 127, par. 43a.09) 28 Sec. 1005-105.43a.09.Administration of Unemployment 29 Insurance Act. The Department has the power to administer the 30 provisions of the Unemployment Insurance Act insofar as those HB0236 Engrossed -240- LRB9100031DJcdA 1 provisions relate to the powers and duties of the Directorof2the Department of Employment Security. 3 (Source: P.A. 90-372, eff. 7-1-98.) 4 (20 ILCS 1005/1005-110 new) 5 (was 20 ILCS 1005/44a) (from Ch. 127, par. 44a) 6 Sec. 1005-110. Board of Review.44a.The Board of Review 7 in the Departmentof Employment Securityshall exercise all 8 powers and be subject to all duties conferred or imposed upon 9 thesaidBoard by the provisions of the Unemployment 10 InsuranceCompensationAct,enacted by the Sixtieth General11Assembly, and by all amendments thereto or modifications12thereof,in its own name,and without any direction, 13 supervision, or control by the Directorof Employment14Security. 15 (Source: P.A. 83-1503.) 16 (20 ILCS 1005/1005-115 new) 17 (was 20 ILCS 1005/43a.10) (from Ch. 127, par. 43a.10) 18 Sec. 1005-115. Transfer of lands to other State agency; 19 acquisition of federal lands. The Department has the power 2043a.10.to transfer jurisdiction of any realty under the 21 control of the Department to any other department of the 22 State government,or to acquire or accept federal lands,when 23 thesuchtransfer, acquisition, or acceptance is advantageous 24 to the State and is approved in writing by the Governor. 25 (Source: P.A. 83-1503.) 26 (20 ILCS 1005/1005-120 new) 27 (was 20 ILCS 1005/43a.13) (from Ch. 127, par. 43a.13) 28 Sec. 1005-120. Contracts for payment of compensation to 29 Department. The Department has the power43a.13.to enter 30 into contracts thatwhichmay provide for payment of 31 negotiated royalties, licensing fees, or other compensation HB0236 Engrossed -241- LRB9100031DJcdA 1 to the Department. 2 (Source: P.A. 87-1178.) 3 (20 ILCS 1005/1005-130 new) 4 (was 20 ILCS 1005/43a.14) 5 Sec. 1005-130.43a.14.Exchange of information for child 6 support enforcement. 7 (a) The Department has the power to exchange with the 8 Illinois Department of Public Aid information that may be 9 necessary for the enforcement of child support orders entered 10 pursuant to the Illinois Public Aid Code, the Illinois 11 Marriage and Dissolution of Marriage Act, the Non-Support of 12 Spouse and Children Act, the Revised Uniform Reciprocal 13 Enforcement of Support Act, the Uniform Interstate Family 14 Support Act, or the Illinois Parentage Act of 1984. 15 (b) Notwithstanding any provisions in the Civil 16 AdministrativethisCode of Illinois to the contrary, the 17 Department of Employment Security shall not be liable to any 18 person for any disclosure of information to the Illinois 19 Department of Public Aid under subsection (a) or for any 20 other action taken in good faith to comply with the 21 requirements of subsection (a). 22 (Source: P.A. 90-18, eff. 7-1-97.) 23 (20 ILCS 1005/1005-150 new) 24 (was 20 ILCS 5/34.2) (from Ch. 127, par. 34.2) 25 Sec. 1005-150. Transfer from Department of Labor, Bureau 26 of Employment Security.34.2.The Department of Employment 27 Security shall assume all rights, powers, duties, and 28 responsibilities of the Department of Labor, Bureau of 29 Employment Security as the successor to that Bureau. The 30 Bureau of Employment Security in the Department of Labor is 31 hereby abolished. 32 Personnel, books, records, papers, documents, property, HB0236 Engrossed -242- LRB9100031DJcdA 1 real and personal, unexpended appropriations, and pending 2 business in any way pertaining to the former Department of 3 Labor, Bureau of Employment Security are transferred to the 4 Department of Employment Security, but any rights of 5 employees or the State under the"Personnel Code"or any 6 other contract or plan shall be unaffected by this transfer 7hereby. No rule or regulation promulgated by the Department 8 of Labor pursuant to an exercise of any right, power, duty, 9 or responsibility transferred to the Department of Employment 10 Security shall be affected by this amendatory Act of 1984, 11 and all thosesuchrules and regulations shall become the 12 rules and regulations of the Department of Employment 13 Security. 14 (Source: P.A. 83-1503.) 15 (20 ILCS 1405/Art. 1405 heading new) 16 ARTICLE 1405. DEPARTMENT OF INSURANCE 17 (20 ILCS 1405/1405-1 new) 18 Sec. 1405-1. Article short title. This Article 1405 of 19 the Civil Administrative Code of Illinois may be cited as the 20 Department of Insurance Law. 21 (20 ILCS 1405/1405-5 new) 22 (was 20 ILCS 1405/56) (from Ch. 127, par. 56) 23 Sec. 1405-5. General powers.56.The Department of 24 Insurance has the following powersshall have power: 25 (1)1.To exercise the rights, powers, and duties 26 vested by law in the insurance superintendent and the 27 superintendent's, hisofficers and employees.employes;28 (2)2.To exercise the rights, powers, and duties 29 thatwhichhave been vested by law in the Department of 30 Trade and Commerce as the successor of the insurance 31 superintendent and the superintendent's, hisofficers and HB0236 Engrossed -243- LRB9100031DJcdA 1 employees.employes;2 (3)3.To exercise the rights, powers, and duties 3 heretofore vested by law in the Department of Trade and 4 Commerce,or in the Director of Trade and Commerce,by: 5 (A) all laws in relation to insurance; and 6 (B) Article 22 of the"Illinois Pension 7 Code.", approved March 18, 1963, as amended;8 (4)4.To execute and administer all laws 9 heretofore or hereafter enacted,relating to insurance. 10 (5)5.To transfer jurisdiction of any realty under 11 the control of the Department to any other department of 12 the State Government,or to acquire or accept federal 13 lands,when thesuchtransfer, acquisition, or acceptance 14 is advantageous to the State and is approved in writing 15 by the Governor. 16 (Source: P.A. 83-333.) 17 (20 ILCS 1405/1405-10 new) 18 (was 20 ILCS 1405/56.1) (from Ch. 127, par. 56.1) 19 Sec. 1405-10.56.1.Child health insurance plan study. 20 The Department of Insurance shall cooperate with and provide 21 consultation to the Department of Public Health in studying 22 the feasibility of a child health insurance plan as provided 23 in Section 2310-27555.61of the Department of Public Health 24 Powers and Duties Law (20 ILCS 2310/2310-275)this Code. 25 (Source: P.A. 87-252.) 26 (20 ILCS 1405/1405-15 new) 27 (was 20 ILCS 1405/56.2) 28 Sec. 1405-15.56.2.Senior citizen assistance and 29 information program. 30 (a) The Department of Insurance shall administer and 31 operate a program to provide assistance and information to 32 senior citizens in relation to insurance matters. The HB0236 Engrossed -244- LRB9100031DJcdA 1 program may include, but is not limited to, counseling for 2 senior citizens in the evaluation, comparison, or selection 3 of Medicare options, Medicare supplement insurance, and 4 long-term care insurance. 5 (b) The Department shall recruit and train volunteers to 6 provide the following: 7 (i) one-on-one counseling on insurance matters; and 8 (ii) education on insurance matters to senior 9 citizens through public forums. 10 (c) The Department shall solicit the volunteers for 11 their input and advice on the success and accessibility of 12 the program. 13 (d) The Department shall strive to assure that all 14 seniors residing in Illinois have access to the program. 15 (e) The Department of Insurance may promulgate 16 reasonable rules necessary to implement this Section. 17 (Source: P.A. 89-224, eff. 1-1-96.) 18 (20 ILCS 1505/Art. 1505 heading new) 19 ARTICLE 1505. DEPARTMENT OF LABOR 20 (20 ILCS 1505/1505-1 new) 21 Sec. 1505-1. Article short title. This Article 1505 of 22 the Civil Administrative Code of Illinois may be cited as the 23 Department of Labor Law. 24 (20 ILCS 1505/1505-5 new) 25 Sec. 1505-5. Definition. In this Law, "Department" 26 means the Department of Labor. 27 (20 ILCS 1505/1505-10 new) 28 (was 20 ILCS 1505/43) (from Ch. 127, par. 43) 29 Sec. 1505-10. Powers, generally.43.The Departmentof30Laborhas the powers enumerated in the following Sections HB0236 Engrossed -245- LRB9100031DJcdA 143.01 to 43.21, each inclusive. 2 (Source: P.A. 86-610.) 3 (20 ILCS 1505/1505-15 new) 4 (was 20 ILCS 1505/43.07) (from Ch. 127, par. 43.07) 5 Sec. 1505-15. Welfare of wage earners. The Department 6 has the power43.07.to foster, promote, and develop the 7 welfare of wage earners. 8 (Source: Laws 1953, p. 1442.) 9 (20 ILCS 1505/1505-20 new) 10 (was 20 ILCS 1505/43.13) (from Ch. 127, par. 43.13) 11 Sec. 1505-20. Prosperity of laboring men and women; 12 progress of women and minorities. 13 (a) The Department has the power43.13.to acquire and 14 diffuse among the people useful information concerning the 15 means of promoting the material, social, intellectual, and 16 moral prosperity of laboring men and women. 17 (b) The Department shall monitor the employment progress 18 of women and minorities in the work force, including access 19 to the public sector, the private sector, labor unions, and 20 collective bargaining units. This information shall be 21 provided to the General Assembly in the form of an annual 22 report no later than April 1 of each year. 23 (Source: P.A. 87-405.) 24 (20 ILCS 1505/1505-25 new) 25 (was 20 ILCS 1505/43.09) (from Ch. 127, par. 43.09) 26 Sec. 1505-25. Opportunities for profitable employment. 27 The Department has the power43.09.to advance opportunities 28 for profitable employment. 29 (Source: Laws 1953, p. 1442.) 30 (20 ILCS 1505/1505-30 new) HB0236 Engrossed -246- LRB9100031DJcdA 1 (was 20 ILCS 1505/43.08) (from Ch. 127, par. 43.08) 2 Sec. 1505-30. Improving working conditions. The 3 Department has the power43.08.to improve working 4 conditions. 5 (Source: Laws 1953, p. 1442.) 6 (20 ILCS 1505/1505-35 new) 7 (was 20 ILCS 1505/43.10) (from Ch. 127, par. 43.10) 8 Sec. 1505-35. Statistical details relating to 9 departments of labor. The Department has the power43.10.to 10 collect, collate, assort, systematize, and report statistical 11 details relating to all departments of labor, especially in 12 its relation to commercial, industrial, social, educational, 13 and sanitary conditions, and to the permanent prosperity of 14 the manufacturing and productive industries. 15 (Source: Laws 1953, p. 1442.) 16 (20 ILCS 1505/1505-40 new) 17 (was 20 ILCS 1505/43.12) (from Ch. 127, par. 43.12) 18 Sec. 1505-40. Information on subjects connected with 19 labor. The Department has the power43.12.to acquire and 20 diffuse useful information on subjects connected with labor 21 in the most general and comprehensive sense of that word. 22 (Source: Laws 1953, p. 1442.) 23 (20 ILCS 1505/1505-45 new) 24 (was 20 ILCS 1505/43.15a) (from Ch. 127, par. 43.15a) 25 Sec. 1505-45. Migrant agricultural labor. The 26 Department has the power43.15a.to study the nature and 27 extent of the labor and employment problems of migrant 28 agricultural labor, with particular attention to its 29 differences from the problems of resident agricultural labor. 30 (Source: P.A. 77-1734.) HB0236 Engrossed -247- LRB9100031DJcdA 1 (20 ILCS 1505/1505-50 new) 2 (was 20 ILCS 1505/43.16) (from Ch. 127, par. 43.16) 3 Sec. 1505-50. Prevention of accidents and occupational 4 diseases. The Department has the power43.16to acquire and 5 diffuse information in relation to the prevention of 6 accidents, occupational diseases, and other related subjects. 7 (Source: Laws 1953, p. 1442.) 8 (20 ILCS 1505/1505-120 new) 9 (was 20 ILCS 1505/43.17) (from Ch. 127, par. 43.17) 10 Sec. 1505-120. Act in relation to payment of wages. The 11 Department has the power43.17.to exercise the rights, 12 powers, and duties vested by law in the Department of Labor 13 under "An Act in relation to the payment of wages due 14 employees from their employers in certain cases, to provide 15 for the enforcement thereof through the Department of Labor, 16 and to prescribe penalties for the violation thereof", 17 approved July 9, 1937 (repealed), as amended. 18 (Source: Laws 1953, p. 1442.) 19 (20 ILCS 1505/1505-150 new) 20 (was 20 ILCS 1505/43.20) (from Ch. 127, par. 43.20) 21 Sec. 1505-150. Complaints by child care facility 22 employees. The Department has the power43.20.to 23 investigate complaints, hold hearings, make determinations, 24 and take other actions with respect to complaints against 25 employers filed by employees of child care facilities 26 pursuant to Section 7.2 of the Child Care Act of 1969. 27 (Source: P.A. 85-987.) 28 (20 ILCS 1505/1505-200 new) 29 (was 20 ILCS 1505/43.21) (from Ch. 127, par. 43.21) 30 Sec. 1505-200. Criminal history record information. 3143.21.Whenever the Department is authorized or required by HB0236 Engrossed -248- LRB9100031DJcdA 1 law to consider some aspect of criminal history record 2 information for the purpose of carrying out its statutory 3 powers and responsibilities, then, upon request and payment 4 of fees in conformance with the requirements ofsubsection 225ofSection 2605-40055aof the Department of State Police Law 6 (20 ILCS 2605/2605-400)"The Civil Administrative Code of7Illinois", the Department of State Police is authorized to 8 furnish, pursuant to positive identification, anysuch9 information contained in State files thatasis necessary to 10 fulfill the request. 11 (Source: P.A. 86-610.) 12 (20 ILCS 1710/Art. 1710 heading new) 13 ARTICLE 1710. DEPARTMENT OF HUMAN SERVICES 14 (AS SUCCESSOR TO DEPARTMENT OF 15 MENTAL HEALTH AND DEVELOPMENTAL DISABILITIES) 16 (20 ILCS 1710/1710-1 new) 17 Sec. 1710-1. Article short title. This Article 1710 of 18 the Administrative Code of Illinois may be cited as the 19 Department of Human Services (Mental Health and Developmental 20 Disabilities) Law. 21 (20 ILCS 1710/1710-5 new) 22 Sec. 1710-5. Definitions. In this Law: 23 "Department" means the Department of Human Services. 24 "Secretary" means the Secretary of Human Services. 25 (20 ILCS 1710/1710-10 new) 26 (was 20 ILCS 1710/53, subsec. (a), in part) (from Ch. 27 127, par. 53) 28 Sec. 1710-10. Powers, generally.53. (a)The Department 29of Human Serviceshas the powers described in Sections 30 1710-15, 1710-20, 1710-25, and 1710-100.power:HB0236 Engrossed -249- LRB9100031DJcdA 1 (Source: P.A. 89-507, eff. 7-1-97.) 2 (20 ILCS 1710/1710-15 new) 3 (was 20 ILCS 1710/53, subdiv. (a)1) (from Ch. 127, par. 4 53) 5 Sec. 1710-15. Mental Health and Developmental 6 Disabilities Administrative Act. The Department has the power 71.to exercise the powers and duties set forth in the 8 Mental Health and Developmental Disabilities Administrative 9 Act. 10 (Source: P.A. 89-507, eff. 7-1-97.) 11 (20 ILCS 1710/1710-20 new) 12 (was 20 ILCS 1710/53, subdivs. (a)2 and (a)4) (from Ch. 13 127, par. 53) 14 Sec. 1710-20. Mental Health and Developmental 15 Disabilities Code. 16 (a) The Department has the power2.to administer the 17 provisions of the Mental Health and Developmental 18 Disabilities Code thatwhichpertain to the responsibilities 19 of the Departmentof Human Services. 20 (b) The Department has the power4.to initiate 21 injunction proceedings wherever it appears to the Secretary 22of Human Servicesthat any person, group of persons, or 23 corporation is engaged or about to engage in any acts or 24 practices thatwhichconstitute or will constitute a 25 violation of the Mental Health and Developmental Disabilities 26 Code or any rule or regulation prescribed under authority of 27 that Codethereof. The Secretaryof Human Servicesmay, in 28 his or her discretion, through the Attorney General, file a 29 complaint and apply for an injunction, and upon a proper 30 showing, any circuit court may issue a permanent or 31 preliminary injunction or a temporary restraining order 32 without bond to enforce that Code, rule, or regulationsuchHB0236 Engrossed -250- LRB9100031DJcdA 1Actsin addition to the penalties and other remedies provided 2 in that Code, rule, or regulation.such Acts andEither party 3 may appeal as in other civil cases. 4 (Source: P.A. 89-507, eff. 7-1-97.) 5 (20 ILCS 1710/1710-25 new) 6 (was 20 ILCS 1710/53, subdiv. (a)3) (from Ch. 127, par. 7 53) 8 Sec. 1710-25. Escaped Inmate Damages Act. The Department 9 has the power3.to exercise the powers and fulfill the 10 duties assigned the Department by the Escaped Inmate Damages 11 Act. 12 (Source: P.A. 89-507, eff. 7-1-97.) 13 (20 ILCS 1710/1710-30 new) 14 (was 20 ILCS 1710/53a) (from Ch. 127, par. 53a) 15 Sec. 1710-30. Specialized living centers.53a.The 16 Departmentof Human Servicesshall exercise the powers and 17 perform the functions and duties as prescribed in the 18 Specialized Living Centers Act. 19 (Source: P.A. 89-507, eff. 7-1-97.) 20 (20 ILCS 1710/1710-50 new) 21 (was 20 ILCS 1710/53, subdiv. (a)5) (from Ch. 127, par. 22 53) 23 Sec. 1710-50. Security force. The Department has the 24 power5.to appoint, subject to the Personnel Code, members 25 of a security force who shall be authorized to transport 26 recipients between Department facilities or other locations, 27 search for and attempt to locate and transport missing 28 recipients, enforce Section 47 of the Mental Health and 29 Developmental Disabilities Administrative Act, and perform 30 other required duties. The director of a mental health or 31 developmental disability facility shall have authority to HB0236 Engrossed -251- LRB9100031DJcdA 1 direct security forces. This authorization shall remain in 2 effect even if security forces are transporting recipients 3 across county or State boundaries. Security forces 4 performing their duties shall be indemnified as provided 5 under the State Employee Indemnification Act. 6 (Source: P.A. 89-507, eff. 7-1-97.) 7 (20 ILCS 1710/1710-75 new) 8 (was 20 ILCS 1710/65-53, subsec. (b)) (from Ch. 127, par. 9 53) 10 Sec. 1710-75. Criminal history record information. 11(b)Whenever the Department is authorized or required by law 12 to consider some aspect of criminal history record 13 information for the purpose of carrying out its statutory 14 powers and responsibilities, then, upon request and payment 15 of fees in conformance with the requirements ofsubsection 2216ofSection 2605-40055aof the Department of State Police Law 17 (20 ILCS 2605/2605-400)Civil Administrative Code of Illinois18, the Department of State Police is authorized to furnish, 19 pursuant to positive identification, thesuchinformation 20 contained in State files thatasis necessary to fulfill the 21 request. 22 (Source: P.A. 89-507, eff. 7-1-97.) 23 (20 ILCS 1710/1710-100 new) 24 (was 20 ILCS 1710/53d) 25 Sec. 1710-100. Grants to Illinois Special Olympics.53d.26 The Departmentof Human Servicesshall make grants to the 27 Illinois Special Olympics for area and statewide athletic 28 competitions from appropriations to the Department from the 29 Illinois Special Olympics Checkoff Fund, a special fund 30 created in the State treasury. 31 (Source: P.A. 88-459; 89-507, eff. 7-1-97.) HB0236 Engrossed -252- LRB9100031DJcdA 1 (20 ILCS 1905/Art. 1905 heading new) 2 ARTICLE 1905. DEPARTMENT OF NATURAL 3 RESOURCES (MINES AND MINERALS) 4 (20 ILCS 1905/1905-1 new) 5 Sec. 1905-1. Article short title. This Article 1905 of 6 the Civil Administrative Code of Illinois may be cited as the 7 Department of Natural Resources (Mines and Minerals) Law. 8 (20 ILCS 1905/1905-5 new) 9 Sec. 1905-5. Definition. In this Law, "Department" means 10 the Department of Natural Resources. 11 (20 ILCS 1905/1905-10 new) 12 (was 20 ILCS 1905/45, in part) (from Ch. 127, par. 45) 13 Sec. 1905-10. Powers, generally.45.The Department has 14 the powers described in Sections 1905-15, 1905-20, 1905-25, 15 1905-30, 1905-40, 1905-45, 1905-50, 1905-90, 1905-100, and 16 1905-200.of Natural Resources shall have power:17 (Source: P.A. 89-93, eff. 7-6-95; 89-445, eff. 2-7-96.) 18 (20 ILCS 1905/1905-15 new) 19 (was 20 ILCS 1905/45, par. 1) (from Ch. 127, par. 45) 20 Sec. 1905-15. Mine accidents. The Department has the 21 power1.to acquire and diffuse information concerning the 22 nature, causes, and prevention of mine accidents.;23 (Source: P.A. 89-93, eff. 7-6-95; 89-445, eff. 2-7-96.) 24 (20 ILCS 1905/1905-20 new) 25 (was 20 ILCS 1905/45, par. 2) (from Ch. 127, par. 45) 26 Sec. 1905-20. Mine methods, conditions, and equipment. 27 The Department has the power2.to acquire and diffuse 28 information concerning the improvement of methods, conditions 29 , and equipment of mines, with special reference to health, HB0236 Engrossed -253- LRB9100031DJcdA 1 safety, and conservation of mineral resources.;2 (Source: P.A. 89-93, eff. 7-6-95; 89-445, eff. 2-7-96.) 3 (20 ILCS 1905/1905-25 new) 4 (was 20 ILCS 1905/45, par. 3) (from Ch. 127, par. 45) 5 Sec. 1905-25. Economic conditions affecting mineral 6 industries. The Department has the power3.to make 7 inquiries into the economic conditions affecting the mining, 8 quarrying, metallurgical, clay, oil, and other mineral 9 industries.;10 (Source: P.A. 89-93, eff. 7-6-95; 89-445, eff. 2-7-96.) 11 (20 ILCS 1905/1905-30 new) 12 (was 20 ILCS 1905/45, par. 4) (from Ch. 127, par. 45) 13 Sec. 1905-30. Technical efficiency of persons working in 14 mines. The Department has the power4.to promote the 15 technical efficiency of all persons working in and about the 16 mines of the State,and to assist them better to overcome the 17 increasing difficulties of mining, and for that purpose to 18 provide bulletins, traveling libraries, lectures, 19 correspondence work, classes for systematic instruction, or 20 meetings for the reading and discussion of papers, and to 21 that end to cooperate with the University of Illinois.;22 (Source: P.A. 89-93, eff. 7-6-95; 89-445, eff. 2-7-96.) 23 (20 ILCS 1905/1905-35 new) 24 (was 20 ILCS 1905/47) 25 Sec. 1905-35.47.Coal quality testing program. The 26 Department'sDepartment of Natural Resources'analytical 27 laboratory is authorized to test the quality of coal 28 delivered under State coal purchase contracts. The 29 Department shall establish, by rule, the fee charged to 30 defray the costs of this coal quality testing program. 31 (Source: P.A. 88-599, eff. 9-1-94; 89-445, eff. 2-7-96.) HB0236 Engrossed -254- LRB9100031DJcdA 1 (20 ILCS 1905/1905-40 new) 2 (was 20 ILCS 1905/45, par. 10) (from Ch. 127, par. 45) 3 Sec. 1905-40. Use of coal combustion by-products. The 4 Department has the power10.to foster the utilization of 5 coal combustion by-products for the benefaction of soils in 6 the reclamation of previously surface-mined areas and in the 7 stabilization of final cuts, in the stabilization of 8 underground mined-out areas to mitigate subsidence of surface 9 lands, and in the reduction of acid mine drainage. 10 (Source: P.A. 89-93, eff. 7-6-95; 89-445, eff. 2-7-96.) 11 (20 ILCS 1905/1905-45 new) 12 (was 20 ILCS 1905/45, par. 5) (from Ch. 127, par. 45) 13 Sec. 1905-45. Violations of Act concerning use of 14 Illinois coal. The Department has the power5.to 15 investigate violations of "An Act concerning the use of 16 Illinois mined coal in certain plants and institutions,", 17 filed July 13, 1937 (repealed), and to institute proceedings 18 for the prosecution of violators of that Actthereofin 19 circuit courts.;20 (Source: P.A. 89-93, eff. 7-6-95; 89-445, eff. 2-7-96.) 21 (20 ILCS 1905/1905-50 new) 22 (was 20 ILCS 1905/45, pars. 7 and 8) (from Ch. 127, par. 23 45) 24 Sec. 1905-50. Violations of Coal Mining Act. 25 (a) The Department has the power7.to investigate 26 violations of the Coal Mining Act and regulations issued 27 pursuant to that Act; to institute criminal proceedings for 28 prosecution of such a violation; and to institute civil 29 actions for relief, including applications for temporary 30 restraining orders and preliminary and permanent injunctions, 31 or any other appropriate action to enforce any order, notice, 32 or decision of the Director, the Mining Board, the HB0236 Engrossed -255- LRB9100031DJcdA 1 Departmentof Natural Resources, or the Director of the 2 Office of Mines and Minerals. 3 (b) The Department has the power8.to call or subpoena 4 witnesses, documents, or other evidence for the purpose of 5 conducting hearings pursuant to theIllinoisCoal Mining Act 6 and to administer oaths and compensate witnesses pursuant to 7 that Actsuch statutes made and provided. 8 (Source: P.A. 89-93, eff. 7-6-95; 89-445, eff. 2-7-96.) 9 (20 ILCS 1905/1905-75 new) 10 (was 20 ILCS 1905/46) (from Ch. 127, par. 46) 11 Sec. 1905-75. Permits for diesel powered equipment or 12 explosives in underground coal mines.46.During the period 13 commencing with the effective date of this amendatory Act and 14 ending January 1, 1986, the Department shall not issue any 15 new permits allowing the use of diesel powered equipment or 16 explosives while persons are working in any underground coal 17 mine, except that mines presently using such diesel equipment 18 or explosives shall not be prohibited from continuing that 19suchuse. Nothing in this Section shall be interpreted or 20 construed so as to prohibit the use of compressed air as an 21 explosive in any underground coal mine. 22 (Source: P.A. 89-445, eff. 2-7-96.) 23 (20 ILCS 1905/1905-90 new) 24 (was 20 ILCS 1905/45, in part) (from Ch. 127, par. 45) 25 Sec. 1905-90. State Mining Board. Any statute thatwhich26 by its terms is to be administered by the State Mining Board 27 shall be administered by the Board without any direction, 28 supervision, or control by the Director of Natural Resources 29 or the Director of the Office of Mines and Minerals, except 30 that which the Director of the Office may exercise by virtue 31 of being a member of the Board and except as may be provided 32 in the statute. HB0236 Engrossed -256- LRB9100031DJcdA 1 (Source: P.A. 89-93, eff. 7-6-95; 89-445, eff. 2-7-96.) 2 (20 ILCS 1905/1905-100 new) 3 (was 20 ILCS 1905/45, par. 9) (from Ch. 127, par. 45) 4 Sec. 1905-100. Public inspection of records. The 5 Department has the power9.to make all records of the 6 Department open for inspection by interested persons and the 7 public. 8 (Source: P.A. 89-93, eff. 7-6-95; 89-445, eff. 2-7-96.) 9 (20 ILCS 1905/1905-105 new) 10 (was 20 ILCS 1905/45.2) (from Ch. 127, par. 45.2) 11 Sec. 1905-105. Proof of records in legal proceedings; fee 12 for certification.45.2.The papers, entries, and records of 13 the Departmentof Natural Resourcesor parts thereof may be 14 proved in any legal proceeding by a copy thereof certified 15 under the signature of the keeper thereof in the name of the 16 Department with a seal of the Department attached. A fee of 17 $1.00 shall be paid to the Departmentof Natural Resources18 for thesuchcertification. 19 (Source: P.A. 89-445, eff. 2-7-96.) 20 (20 ILCS 1905/1905-110 new) 21 (was 20 ILCS 1905/45.1) (from Ch. 127, par. 45.1) 22 Sec. 1905-110. Verified documents; penalty for fraud. 2345.1.Applications and other documents filed for the purpose 24 of obtaining permits, certificates, or other licenses under 25 Acts administered by the Departmentof Natural Resources26 shall be verified or contain written affirmation that they 27 are signed under the penalties of perjury. A person who 28 knowingly signs a fraudulent document commits perjury as 29 defined in Section 32-2 of the Criminal Code of 1961 and for 30 the purpose of this Section shall be guilty of a Class A 31 misdemeanor. HB0236 Engrossed -257- LRB9100031DJcdA 1 (Source: P.A. 89-445, eff. 2-7-96.) 2 (20 ILCS 1905/1905-150 new) 3 (was 20 ILCS 1905/45, in part) (from Ch. 127, par. 45) 4 Sec. 1905-150. Criminal history record information. 5 Whenever the Department is authorized or required by law to 6 consider some aspect of criminal history record information 7 for the purpose of carrying out its statutory powers and 8 responsibilities, then upon request and payment of fees in 9 conformance with the requirements ofsubsection 22 ofSection 10 2605-40055aof the Department of State Police Law (20 ILCS 11 2605/2605-400)"The Civil Administrative Code of Illinois", 12 the Department of State Police is authorized to furnish, 13 pursuant to positive identification, thesuchinformation 14 contained in State files thatasis necessary to fulfill the 15 request. 16 (Source: P.A. 89-93, eff. 7-6-95; 89-445, eff. 2-7-96.) 17 (20 ILCS 1905/1905-200 new) 18 (was 20 ILCS 1905/45, par. 6) (from Ch. 127, par. 45) 19 Sec. 1905-200. Transfer of realty to other State agency; 20 acquisition of federal lands. The Department has the power6.21to transfer jurisdiction of any realty under the control of 22 the Department to any other department of the State 23 government, or to acquire or accept federal lands, when the 24suchtransfer, acquisition, or acceptance is advantageous to 25 the State and is approved in writing by the Governor. 26 (Source: P.A. 89-93, eff. 7-6-95; 89-445, eff. 2-7-96.) 27 (20 ILCS 2005/Art. 2005 heading new) 28 ARTICLE 2005. DEPARTMENT OF NUCLEAR SAFETY 29 (20 ILCS 2005/2005-1 new) 30 Sec. 2005-1. Article short title. This Article 2005 of HB0236 Engrossed -258- LRB9100031DJcdA 1 the Civil Administrative Code of Illinois may be cited as the 2 Department of Nuclear Safety Law. 3 (20 ILCS 2005/2005-5 new) 4 Sec. 2005-5. Definitions. In this Law: 5 "Department" means the Department of Nuclear Safety. 6 "Director" means the Director of Nuclear Safety. 7 (20 ILCS 2005/2005-10 new) 8 (was 20 ILCS 2005/71, subsec. A) (from Ch. 127, par. 9 63b17) 10 Sec. 2005-10. Powers vested in Department of Public 11 Health71. Department powers. A. The Departmentof Nuclear12Safetyshall exercise, administer, and enforce all rights, 13 powers, and duties vested in the Department of Public Health 14 by the following named Acts or Sections of those Actsthereof15: 16 (1)1.The Radiation Installation Act. 17 (2)2.The Radiation Protection Act of 1990. 18 (3)3.The Radioactive Waste Storage Act. 19 (4)4.The Personnel Radiation Monitoring Act. 20 (5)5.The Laser System Act of 1997. 21 (6)6.The Illinois Nuclear Safety Preparedness Act. 22 (Source: P.A. 89-411, eff. 6-1-96; 89-445, eff. 2-7-96; 23 90-14, eff. 7-1-97; 90-209, eff. 7-25-97.) 24 (20 ILCS 2005/2005-15 new) 25 (was 20 ILCS 2005/71, subsec. B) (from Ch. 127, par. 26 63b17) 27 Sec. 2005-15. Powers relating to Commission on Atomic 28 Energy.B.All the rights, powers, and duties vested in the 29 Director of Public Health by "An Act to create the Illinois 30 Commission on Atomic Energy, defining the powers and duties 31 of the Commission, and making an appropriation therefor", HB0236 Engrossed -259- LRB9100031DJcdA 1 effective September 10, 1971 (repealed),as amended,are 2 transferred to the Director of Nuclear Safety. The Director 3of Nuclear Safety, after December 3, 1980 (the effective date 4 of Publicthis amendatoryAct 81-1516)of 1980, shall serve 5 as an ex officio member of the Illinois Commission on Atomic 6 Energy in the place and stead of the Director of Public 7 Health. 8 (Source: P.A. 89-411, eff. 6-1-96; 89-445, eff. 2-7-96; 9 90-14, eff. 7-1-97; 90-209, eff. 7-25-97.) 10 (20 ILCS 2005/2005-20 new) 11 (was 20 ILCS 2005/71, subsec. H) (from Ch. 127, par. 12 63b17) 13 Sec. 2005-20. Nuclear and radioactive materials 14 disposal.H.The Departmentof Nuclear Safetyshall 15 formulate a comprehensive plan regarding disposal of nuclear 16 and radioactive materials in this State. The Department 17 shall establish minimum standards for disposal sites, shall 18 evaluate and publicize potential effects on the public health 19 and safety, and shall report to the Governor and General 20 Assembly all violations of the adopted standards. In 21 carrying out this function, the Departmentof Nuclear Safety22 shall work in cooperation with the Illinois Commission on 23 Atomic Energy and the Radiation Protection Advisory Council. 24 (Source: P.A. 89-411, eff. 6-1-96; 89-445, eff. 2-7-96; 25 90-14, eff. 7-1-97; 90-209, eff. 7-25-97.) 26 (20 ILCS 2005/2005-25 new) 27 (was 20 ILCS 2005/71, subsec. E) (from Ch. 127, par. 28 63b17) 29 Sec. 2005-25. Radiation sources; radioactive waste 30 disposal.E.The Department of Nuclear Safety, in lieu of 31 the Department of Public Health, shall register, license, 32 inspect, and control radiation sources,andshall purchase, HB0236 Engrossed -260- LRB9100031DJcdA 1 lease, accept, or acquire lands, buildings, and grounds where 2 radioactive wastes can be disposed, and shalltosupervise 3 and regulate the operation of the disposal sites. 4 (Source: P.A. 89-411, eff. 6-1-96; 89-445, eff. 2-7-96; 5 90-14, eff. 7-1-97; 90-209, eff. 7-25-97.) 6 (20 ILCS 2005/2005-30 new) 7 (was 20 ILCS 2005/72) (from Ch. 127, par. 63b18) 8 Sec. 2005-30. Nuclear waste sites.72.9 (a) The Departmentof Nuclear Safetyshall conduct a 10 survey and prepare and publish a list of sites in the State 11 where nuclear waste has been deposited, treated, or stored. 12 (b) The Department shall monitor nuclear waste 13 processing, use, handling, storage, and disposal practices in 14 the State, and shall determine existing and expected rates of 15 production of nuclear wastes. 16 (c) The Department shall compile and make available to 17 the public an annual report identifying the types and 18 quantities of nuclear waste generated, stored, treated, or 19 disposed of within this State and containing the other 20 information required to be collected under this Section. 21 (Source: P.A. 83-906.) 22 (20 ILCS 2005/2005-35 new) 23 (was 20 ILCS 2005/71, subsec. C) (from Ch. 127, par. 24 63b17) 25 Sec. 2005-35. Boiler and pressure vessel safety.C.The 26 Departmentof Nuclear Safetyshall exercise, administer, and 27 enforce all of the following rights, powers, and duties: 28 (1) Rights, powers, and duties1.vested in the 29 Office of the State Fire Marshal by the Boiler and 30 Pressure Vessel Safety Act, to the extent the rights, 31 powers, and duties relate to nuclear steam-generating 32 facilities. HB0236 Engrossed -261- LRB9100031DJcdA 1 (2) Rights, powers, and duties2. Asrelating to 2 nuclear steam-generating facilities, vested in the Board 3 of Boiler and Pressure Vessel Rules by the Boiler and 4 Pressure Vessel Safety Act, which includeincludesbut 5 are not limited to the formulation of definitions, rules, 6 and regulations for the safe and proper construction, 7 installation, repair, use, and operation of nuclear 8 steam-generating facilities, the adoption of rules for 9 already installed nuclear steam-generating facilities, 10 the adoption of rules for accidents in nuclear 11 steam-generating facilities, the examination for or 12 suspension of inspectors' licenses of the facilities, and 13 the hearing of appeals from decisions relating to the 14 facilities. 15 (3) Rights, powers, and duties3. Asrelating to 16 nuclear steam-generating facilities, vested in the State 17 Fire Marshal or the Chief Inspector by the Boiler and 18 Pressure Vessel Safety Act, which include but are not 19 limited to the employment of inspectors of nuclear 20 steam-generating facilities, issuance or suspension of 21 their commissions, prosecution of the Act or rules 22 promulgated thereunder for violations by nuclear 23 steam-generating facilities, maintenance of inspection 24 records of all the facilities, publication of rules 25 relating to the facilities, having free access to the 26 facilities, issuance of inspection certificates of the 27 facilities, and the furnishing of bonds conditioned upon 28 the faithful performance of their duties. The Director 29 of Nuclear Safety may designate a Chief Inspector, or 30 other inspectors, as he or she deems necessary to perform 31 the functions transferred by this Sectionsubsection C. 32 The transfer of rights, powers, and duties specified in 33the immediately precedingparagraphs (1), (2), and (3)1, 2,34and 3is limited to the program transferred by PublicthisHB0236 Engrossed -262- LRB9100031DJcdA 1amendatoryAct 81-1516of 1980and shall not be deemed to 2 abolish or diminish the exercise of those same rights, 3 powers, and duties by the Office of the State Fire Marshal, 4 the Board of Boiler and Pressure Vessel Rules, the State Fire 5 Marshal, or the Chief Inspector with respect to programs 6 retained by the Office of the State Fire Marshal. 7 (Source: P.A. 89-411, eff. 6-1-96; 89-445, eff. 2-7-96; 8 90-14, eff. 7-1-97; 90-209, eff. 7-25-97.) 9 (20 ILCS 2005/2005-40 new) 10 (was 20 ILCS 2005/71, subsec. D) (from Ch. 127, par. 11 63b17) 12 Sec. 2005-40. Powers vested in Environmental Protection 13 Agency.D.The Departmentof Nuclear Safetyshall exercise, 14 administer, and enforce all rights, powers, and duties vested 15 in the Environmental Protection Agency by paragraphs a, b, c, 16 d, e, f, g, h, i, j, k, l, m, n, o, p, q, and r of Section 4 17 and by Sections 30 through 4530-45 inclusiveof the 18 Environmental Protection Act, to the extent that these powers 19 relate to standards of the Pollution Control Board adopted 20 undersubsection K of thisSection 2005-45. The transfer of 21 rights, powers, and duties specified in this Section 22paragraphis limited to the program transferred by Public 23this amendatoryAct 81-1516of 1980and shall not be deemed 24 to abolish or diminish the exercise of those same rights, 25 powers, and duties by the Environmental Protection Agency 26 with respect to programs retained by the Environmental 27 Protection Agency. 28 (Source: P.A. 89-411, eff. 6-1-96; 89-445, eff. 2-7-96; 29 90-14, eff. 7-1-97; 90-209, eff. 7-25-97.) 30 (20 ILCS 2005/2005-45 new) 31 (was 20 ILCS 2005/71, subsec. K) (from Ch. 127, par. 32 63b17) HB0236 Engrossed -263- LRB9100031DJcdA 1 Sec. 2005-45. Pollution Control Board regulations 2 concerning nuclear plants.K.The Departmentof Nuclear3Safetyshall enforce the regulations promulgated by the 4 Pollution Control Board under Section 25b of the 5 Environmental Protection Act. Under these regulations the 6 Department shall require that a person, corporation, or 7 public authority intending to construct a nuclear 8 steam-generating facility or a nuclear fuel reprocessing 9 plant file with the Department an environmental feasibility 10 report that incorporates the data provided in the preliminary 11 safety analysis required to be filed with the United States 12 Nuclear Regulatory Commission. 13 (Source: P.A. 89-411, eff. 6-1-96; 89-445, eff. 2-7-96; 14 90-14, eff. 7-1-97; 90-209, eff. 7-25-97.) 15 (20 ILCS 2005/2005-50 new) 16 (was 20 ILCS 2005/71, subsec. J) (from Ch. 127, par. 17 63b17) 18 Sec. 2005-50. Regulation of nuclear safety.J.The 19 Departmentof Nuclear Safetyshall have primary 20 responsibility for the coordination and oversight of all 21 State governmental functions concerning the regulation of 22 nuclear power, including low level waste management, 23 environmental monitoring, and transportation of nuclear 24 waste. Functions performed on December 3, 1980 (the 25 effective date of Publicthis amendatoryAct 81-1516)of 198026by the Department of State Police, the Department of 27 Transportation, and the Illinois Emergency Management Agency 28 in the area of nuclear safety may continue to be performed by 29 these agencies but under the direction of the Department of 30 Nuclear Safety. All other governmental functions regulating 31 nuclear safety shall be coordinated by Department of Nuclear 32 Safety. 33 (Source: P.A. 89-411, eff. 6-1-96; 89-445, eff. 2-7-96; HB0236 Engrossed -264- LRB9100031DJcdA 1 90-14, eff. 7-1-97; 90-209, eff. 7-25-97.) 2 (20 ILCS 2005/2005-55 new) 3 (was 20 ILCS 2005/71, subsec. L) (from Ch. 127, par. 4 63b17) 5 Sec. 2005-55. Personnel transferred.L.Personnel 6 previously assigned to the programs transferred from the 7 Department of Public Health and the Office of the State Fire 8 Marshal are hereby transferred to the Department of Nuclear 9 Safety. The rights of the employees, the State, and 10 executive agencies under the Personnel Code,orany 11 collective bargaining agreement, orunderany pension, 12 retirement, or annuity plan shall not be affected by Public 13this amendatoryAct 81-1516of 1980. 14 (Source: P.A. 89-411, eff. 6-1-96; 89-445, eff. 2-7-96; 15 90-14, eff. 7-1-97; 90-209, eff. 7-25-97.) 16 (20 ILCS 2005/2005-60 new) 17 (was 20 ILCS 2005/71, subsec. M) (from Ch. 127, par. 18 63b17) 19 Sec. 2005-60. Records and property transferred.M.All 20 books, records, papers, documents, property (real or 21 personal), unexpended appropriations, and pending business in 22 any way pertaining to the rights, powers, and duties 23 transferred by Publicthis amendatoryAct 81-1516of 198024 shall be delivered and transferred to the Department of 25 Nuclear Safety. 26 (Source: P.A. 89-411, eff. 6-1-96; 89-445, eff. 2-7-96; 27 90-14, eff. 7-1-97; 90-209, eff. 7-25-97.) 28 (20 ILCS 2005/2005-65 new) 29 (was 20 ILCS 2005/71, subsec. F) (from Ch. 127, par. 30 63b17) 31 Sec. 2005-65. Nuclear accident plan.F.The Department HB0236 Engrossed -265- LRB9100031DJcdA 1of Nuclear Safetyshall have primary responsibility to 2 formulate a comprehensive emergency preparedness and response 3 plan for any nuclear accident,and shall develop such a plan 4 in cooperation with the Illinois Emergency Management Agency. 5 The Departmentof Nuclear Safetyshall also train and 6 maintain an emergency response team. 7 (Source: P.A. 89-411, eff. 6-1-96; 89-445, eff. 2-7-96; 8 90-14, eff. 7-1-97; 90-209, eff. 7-25-97.) 9 (20 ILCS 2005/2005-70 new) 10 (was 20 ILCS 2005/71, subsec. G) (from Ch. 127, par. 11 63b17) 12 Sec. 2005-70. Nuclear and radioactive materials 13 transportation plan.G.The Departmentof Nuclear Safety14 shall formulate a comprehensive plan regarding the 15 transportation of nuclear and radioactive materials in 16 Illinois. The Department shall have primary responsibility 17 for all State governmental regulation of the transportation 18 of nuclear and radioactive materials, insofar as the 19 regulation pertains to the public health and safety. This 20 responsibility shall include but not be limited to the 21 authority to oversee and coordinate regulatory functions 22 performed by the Department of Transportation, the Department 23 of State Police, and the Illinois Commerce Commission. 24 (Source: P.A. 89-411, eff. 6-1-96; 89-445, eff. 2-7-96; 25 90-14, eff. 7-1-97; 90-209, eff. 7-25-97.) 26 (20 ILCS 2005/2005-75 new) 27 (was 20 ILCS 2005/71, subsec. I) (from Ch. 127, par. 28 63b17) 29 Sec. 2005-75. State nuclear power policy.I.The 30 Departmentof Nuclear Safety, in cooperation with the 31 Department of Natural Resources, shall study (i)(a)the 32 impact and cost of nuclear power and compare these to the HB0236 Engrossed -266- LRB9100031DJcdA 1 impact and cost of alternative sources of energy, (ii)(b)2 the potential effects on the public health and safety of all 3 radioactive emissions from nuclear power plants, and (iii) 4(c)all other factors that bear on the use of nuclear power 5 or on nuclear safety. The Department shall formulate a 6 general nuclear policy for the State based on the findings of 7 the study. The policy shall include but not be limited to 8 the feasibility of continued use of nuclear power, effects of 9 the use of nuclear power on the public health and safety, 10 minimum acceptable standards for the location of any future 11 nuclear power plants, and rules and regulations for the 12 reporting by public utilities of radioactive emissions from 13 power plants. The Department shall establish a reliable 14 system for communication between the public and the 15 Department and for dissemination of information by the 16 Department. The Department shall publicize the findings of 17 all studies and make the publications reasonably available to 18 the public. 19 (Source: P.A. 89-411, eff. 6-1-96; 89-445, eff. 2-7-96; 20 90-14, eff. 7-1-97; 90-209, eff. 7-25-97.) 21 (20 ILCS 2005/2005-80 new) 22 (was 20 ILCS 2005/71, subsec. N) (from Ch. 127, par. 23 63b17) 24 Sec. 2005-80. Data available to Department of Public 25 Health.N.All files, records, and data gathered by or under 26 the direction or authority of the Director under the Civil 27 Administrative Code of Illinoisthis Actshall be made 28 available to the Department of Public Health under the 29 Illinois Health and Hazardous Substances Registry Act. 30 (Source: P.A. 89-411, eff. 6-1-96; 89-445, eff. 2-7-96; 31 90-14, eff. 7-1-97; 90-209, eff. 7-25-97.) 32 (20 ILCS 2005/2005-85 new) HB0236 Engrossed -267- LRB9100031DJcdA 1 (was 20 ILCS 2005/71, subsec. O) (from Ch. 127, par. 2 63b17) 3 Sec. 2005-85. No accreditation, certification, or 4 registration if in default on educational loan.O.The 5 Department shall not issue or renew to any individual any 6 accreditation, certification, or registration (but excluding 7 registration under the Radiation Installation Act) otherwise 8 issued by the Department if the individual has defaulted on 9 an educational loan guaranteed by the Illinois Student 10 Assistance Commission; however, the Department may issue or 11 renew an accreditation, certification, or registration if the 12 individual has established a satisfactory repayment record as 13 determined by the Illinois Student Assistance Commission. 14 Additionally, any accreditation, certification, or 15 registration issued by the Department (but excluding 16 registration under the Radiation Installation Act) may be 17 suspended or revoked if the Department, after the opportunity 18 for a hearing under the appropriate accreditation, 19 certification, or registration Act, finds that the holder has 20 failed to make satisfactory repayment to the Illinois Student 21 Assistance Commission for a delinquent or defaulted loan. 22 For purposes of this Section, "satisfactory repayment record" 23 shall be defined by rule. 24 (Source: P.A. 89-411, eff. 6-1-96; 89-445, eff. 2-7-96; 25 90-14, eff. 7-1-97; 90-209, eff. 7-25-97.) 26 (20 ILCS 2105/Art. 2105 heading new) 27 ARTICLE 2105. DEPARTMENT OF 28 PROFESSIONAL REGULATION 29 (20 ILCS 2105/2105-1 new) 30 Sec. 2105-1. Article short title. This Article 2105 of 31 the Civil Administrative Code of Illinois may be cited as the 32 Department of Professional Regulation Law. HB0236 Engrossed -268- LRB9100031DJcdA 1 (20 ILCS 2105/2105-5 new) 2 (was 20 ILCS 2105/60b) (from Ch. 127, par. 60b) 3 Sec. 2105-5. Definitions. 4 (a) In this Law: 5 "Department" means the Department of Professional 6 Regulation. 7 "Director" means the Director of Professional Regulation. 8 9 (b)Sec. 60b.In the construction of Sections 2105-10, 10 2105-15, 2105-100, 2105-105, 2105-110, 2105-115, 2105-120, 11 2105-125, 2105-175, and 2105-32560, 60a, 60b, 60c, 60d, 60e,1260f, 60g, 60h, 60i, 60j, 60k, and 60L, the following 13 definitions shall govern unless the context otherwise clearly 14 indicates:.15"Department" shall mean the Department of Professional16Regulation.17"Registrant" shall mean a person who holds or claims to18hold a certificate as defined herein.19"Certificate" shall mean a license, certificate of20registration, permit or other authority purporting to be21issued or conferred by the department by virtue or authority22of which the registrant has or claims the right to engage in23a profession, trade, occupation or operation of which the24department has jurisdiction.25 "Board" meansshall meanthe board of persons designated 26 for a profession, trade, or occupation under the provisions 27 of any Act now or hereafter in force whereby the jurisdiction 28 of thatsuchprofession, trade, or occupation is devolved on 29 the Department. 30 "Certificate" means a license, certificate of 31 registration, permit, or other authority purporting to be 32 issued or conferred by the Department by virtue or authority 33 of which the registrant has or claims the right to engage in 34 a profession, trade, occupation, or operation of which the HB0236 Engrossed -269- LRB9100031DJcdA 1 Department has jurisdiction. 2 "Registrant" means a person who holds or claims to hold a 3 certificate. 4 (Source: P.A. 85-225.) 5 (20 ILCS 2105/2105-10 new) 6 (was 20 ILCS 2105/61d) 7 Sec. 2105-10.61d.Legislative declaration of public 8 policy. The practice of the regulated professions, trades, 9 and occupations in Illinois is hereby declared to affect the 10 public health, safety, and welfare of the People of this 11 State and in the public interest is subject to regulation and 12 control by the Department of Professional Regulation. 13 It is further declared to be a matter of public interest 14 and concern that standards of competency and stringent 15 penalties for those who violate the public trust be 16 established to protect the public from unauthorized or 17 unqualified persons representing one of the regulated 18 professions, trades, or occupations; and to that end, the 19 General Assembly shall appropriate the necessary funds for 20 the ordinary and necessary expenses of these public interests 21 and concerns as they may exceed the funding available from 22 the revenues collected from the fees and fines from the 23 regulated professions, trades, and occupations. 24 (Source: P.A. 89-204, eff. 1-1-96.) 25 (20 ILCS 2105/2105-15 new) 26 (was 20 ILCS 2105/60) (from Ch. 127, par. 60) 27 Sec. 2105-15. General60.powers and duties. 28 (a) The Department hasof Professional Regulation shall29have, subject to the provisions of the Civil Administrative 30 Code of Illinoisthis Act, the following powers and duties: 31 (1)1.To authorize examinations in English to 32 ascertain the qualifications and fitness of applicants to HB0236 Engrossed -270- LRB9100031DJcdA 1 exercise the profession, trade, or occupation for which 2 the examination is held. 3 (2)2.To prescribe rules and regulations for a 4 fair and wholly impartial method of examination of 5 candidates to exercise the respective professions, 6 trades, or occupations. 7 (3)3.To pass upon the qualifications of 8 applicants for licenses, certificates, and authorities, 9 whether by examination, by reciprocity, or by 10 endorsement. 11 (4)4.To prescribe rules and regulations defining, 12 for the respective professions, trades, and occupations, 13 what shall constitute a school, college, or university, 14 or department of a university, or other institution 15institutions, reputable and in good standing, and to 16 determine the reputability and good standing of a school, 17 college, or university, or department of a university, or 18 other institution, reputable and in good standing, by 19 reference to a compliance with thosesuchrules and 20 regulations;:provided, that no school, college, or 21 university, or department of a university, or other 22 institution that refuses admittance to applicants solely 23 on account of race, color, creed, sex, or national origin 24 shall be considered reputable and in good standing. 25 (5)5.To conduct hearings on proceedings to 26 revoke, suspend, refuse to renew, place on probationary 27 status, or take other disciplinary action asmay be28 authorized in any licensing Act administered by the 29 Department with regard to licenses, certificates, or 30 authorities of persons exercising the respective 31 professions, trades, or occupations,and to revoke, 32 suspend, refuse to renew, place on probationary status, 33 or take other disciplinary action asmay beauthorized in 34 any licensing Act administered by the Department with HB0236 Engrossed -271- LRB9100031DJcdA 1 regard to thosesuchlicenses, certificates, or 2 authorities. The Department shall issue a monthly 3 disciplinary report. The Department shall deny any 4 license or renewal authorized by the Civil Administrative 5 Code of Illinoisthis Actto any person who has defaulted 6 on an educational loan or scholarship provided by or 7 guaranteed by the Illinois Student Assistance Commission 8 or any governmental agency of this State; however, the 9 Department may issue a license or renewal if the 10 aforementioned persons have established a satisfactory 11 repayment record as determined by the Illinois Student 12 Assistance Commission or other appropriate governmental 13 agency of this State. Additionally, beginning June 1, 14 1996, any license issued by the Department may be 15 suspended or revoked if the Department, after the 16 opportunity for a hearing under the appropriate licensing 17 Act, finds that the licensee has failed to make 18 satisfactory repayment to the Illinois Student Assistance 19 Commission for a delinquent or defaulted loan. For the 20 purposes of this Section, "satisfactory repayment record" 21 shall be defined by rule. The Department shall refuse to 22 issue or renew a license to, or shall suspend or revoke a 23 license of, any person who, after receiving notice, fails 24 to comply with a subpoena or warrant relating to a 25 paternity or child support proceeding. However, the 26 Department may issue a license or renewal upon compliance 27 with the subpoena or warrant. 28 The Department, without further process or hearings, 29 shall revoke, suspend, or deny any license or renewal 30 authorized by the Civil Administrative Code of Illinois 31this Actto a person who is certified by the Illinois 32 Department of Public Aid as being more than 30 days 33 delinquent in complying with a child support order.;The 34 Department may, however, issue a license or renewal if HB0236 Engrossed -272- LRB9100031DJcdA 1 the person has established a satisfactory repayment 2 record as determined by the Illinois Department of Public 3 Aid. The Department may implement this paragraph as 4 added by Public Act 89-6 through the use of emergency 5 rules in accordance with Section 5-45 of the Illinois 6 Administrative Procedure Act. For purposes of the 7 Illinois Administrative Procedure Act, the adoption of 8 rules to implement this paragraph shall be considered an 9 emergency and necessary for the public interest, safety, 10 and welfare. 11 (6)6.To transfer jurisdiction of any realty under 12 the control of the Department to any other department of 13 the State Government,or to acquire or accept federal 14 lands,when thesuchtransfer, acquisition, or acceptance 15 is advantageous to the State and is approved in writing 16 by the Governor. 17 (7)7.To formulate rules and regulationsas may be18necessary for the enforcement of any Act administered by 19 the Department. 20 (8)8.To exchange with the Illinois Department of 21 Public Aid information that may be necessary for the 22 enforcement of child support orders entered pursuant to 23 the Illinois Public Aid Code, the Illinois Marriage and 24 Dissolution of Marriage Act, the Non-Support of Spouse 25 and Children Act, the Revised Uniform Reciprocal 26 Enforcement of Support Act, the Uniform Interstate Family 27 Support Act, or the Illinois Parentage Act of 1984. 28 Notwithstanding any provisions in this Code to the 29 contrary, the Department of Professional Regulation shall 30 not be liable under any federal or State law to any 31 person for any disclosure of information to the Illinois 32 Department of Public Aid under this paragraph (8)8or 33 for any other action taken in good faith to comply with 34 the requirements of this paragraph (8)8. HB0236 Engrossed -273- LRB9100031DJcdA 1 (9)9.To performsuchother dutiesas may be2 prescribed by law. 3 (b) The Department may, when a fee is payable to the 4 Department for a wall certificate of registration provided by 5 the Department of Central Management Services, require that 6 portion of the payment for printing and distribution costs be 7 made directly or through the Department,to the Department of 8 Central Management Services for deposit intointhe Paper and 9 Printing Revolving Fund.,The remainder shall be deposited 10 intointhe General Revenue Fund. 11 (c) For the purpose of securing and preparing evidence, 12 and for the purchase of controlled substances, professional 13 services, and equipment necessary for enforcement activities, 14 recoupment of investigative costs, and other activities 15 directed at suppressing the misuse and abuse of controlled 16 substances, including those activities set forth in Sections 17 504 and 508 of the Illinois Controlled Substances Act, the 18 Director and agents appointed and authorized by the Director 19 may expendsuchsums from the Professional Regulation 20 Evidence Fund thatasthe Director deems necessary from the 21 amounts appropriated for that purpose. Thoseand suchsums 22 may be advanced to the agent when the Director deems that 23suchprocedure to be in the public interest. Sums for the 24 purchase of controlled substances, professional services, and 25 equipment necessary for enforcement activities and other 26 activities as set forth in this Section shall be advanced to 27 the agent who is to make thesuchpurchase from the 28 Professional Regulation Evidence Fund on vouchers signed by 29 the Director. The Director and thosesuchagents are 30 authorized to maintain one or more commercial checking 31 accounts with any State banking corporation or corporations 32 organized under or subject to the Illinois Banking Act for 33 the deposit and withdrawal of moneys to be used for the 34 purposes set forth in this Section; provided, that no check HB0236 Engrossed -274- LRB9100031DJcdA 1 may be written nor any withdrawal made from any such account 2 except upon the written signatures of 2 persons designated by 3 the Director to write thosesuchchecks and make thosesuch4 withdrawals. Vouchers for thosesuchexpenditures must be 5 signed by the Director.andAll such expenditures shall be 6 audited by the Director, and the audit shall be submitted to 7 the Department of Central Management Services for approval. 8 (d) Whenever the Department is authorized or required by 9 law to consider some aspect of criminal history record 10 information for the purpose of carrying out its statutory 11 powers and responsibilities, then, upon request and payment 12 of fees in conformance with the requirements ofsubsection 2213ofSection 2605-40055aof the Department of State Police Law 14 (20 ILCS 2605/2605-400)Civil Administrative Code of Illinois15, the Department of State Police is authorized to furnish, 16 pursuant to positive identification, thesuchinformation 17 contained in State files thatasis necessary to fulfill the 18 request. 19 (e) The provisions of this Section do not apply to 20 private business and vocational schools as defined by Section 21 1 of the Private Business and Vocational Schools Act. 22 (f) Beginning July 1, 1995, this Section does not apply 23 to those professions, trades, and occupations licensed under 24 the Real Estate License Act of 1983, nor does it apply to any 25 permits, certificates, or other authorizations to do business 26 provided for in the Land Sales Registration Act of 1989 or 27 the Illinois Real Estate Time-Share Act. 28 (Source: P.A. 89-6, eff. 3-6-95; 89-23, eff. 7-1-95; 89-237, 29 eff. 8-4-95; 89-411, eff. 6-1-96; 89-626, eff. 8-9-96; 90-18, 30 eff. 7-1-97.) 31 (20 ILCS 2105/2105-25 new) 32 (was 20 ILCS 2105/60.01) (from Ch. 127, par. 60.01) 33 Sec. 2105-25. Perjury; penalty.60.01.Each document HB0236 Engrossed -275- LRB9100031DJcdA 1 required to be filed under any Act administered by the 2 Department shall be verified or contain a written affirmation 3 that it is signed under the penalties of perjury. An 4 applicant or registrant who knowingly signs a fraudulent 5 document commits perjury as defined in Section 32-2 of the 6 Criminal Code of 1961 and for the purpose of this Section 7 shall be guilty of a Class A misdemeanor. 8 (Source: P.A. 84-1235.) 9 (20 ILCS 2105/2105-40 new) 10 (was 20 ILCS 2105/61) (from Ch. 127, par. 61) 11 Sec. 2105-40. Issuance of certificates and licenses.61.12 All certificates, licenses, and authorities shall be issued 13 by the Departmentof Professional Regulation,in the name of 14 thesuchDepartment, with the seal of the Departmentthereof15 attached. 16 (Source: P.A. 85-225.) 17 (20 ILCS 2105/2105-55 new) 18 (was 20 ILCS 2105/61c) (from Ch. 127, new par. 61c) 19 Sec. 2105-55.61c.Interlineation of checks. The 20 Department may reduce by interlineation the amount of any 21 personal check, corporate check, or company check drawn on 22 the account of and delivered by any person applying for any 23 license, certificate, registration, title, or permit that 24 requires payment of a fee. The amount of reduction shall be 25 limited to $50, and the drawer of the check shall be notified 26 in writing of the reduction. Any check for an amount more 27 than $50 in excess of the correct amount shall be returned to 28 the drawer-applicant. 29 Any check altered under this Section shall be endorsed by 30 the Directorof the Departmentas follows: "This check is 31 warranted to subsequent holders and to the drawee to be in 32 the amount of $(insert amount)." HB0236 Engrossed -276- LRB9100031DJcdA 1 All applications for a license, title, or permit, upon 2 reprinting, shall contain the following authorization 3 statement: "My signature above authorizes the Department of 4 Professional Regulation to reduce the amount of this check if 5 the amount submitted is not correct. I understand this will 6 be done only if the amount submitted is greater than the 7 required fee hereunder, but in no event shall thesuch8 reduction be made in an amount greater than $50." 9 (Source: P.A. 87-1031; 87-1237; 88-45.) 10 (20 ILCS 2105/2105-75 new) 11 (was 20 ILCS 2105/61f) (formerly 110 ILCS 355/62.1) 12 Sec. 2105-75.61f.62.1.Design Professionals Dedicated 13 Employees. There areisestablished within the Departmentof14Professional Regulationcertain design professionals 15 dedicated employees. These employees shall be devoted 16 exclusively to the administration and enforcement of the 17 Illinois Architecture Practice Act, the Illinois Professional 18 Land Surveyor Act of 1989, the Professional Engineering 19 Practice Act of 1989, and the Structural Engineering 20 Licensing Act of 1989. The design professionals dedicated 21 employees that the Director shall employ, in conformity with 22 the Personnel Code, at a minimum shall consist of one 23 full-time design licensing Coordinator, one full-time 24 Assistant Coordinator, 4 full-time licensing clerks, one 25 full-time attorney, and 2 full-time investigators. These 26 employees shall work exclusively in the licensing and 27 enforcement of the design profession Acts set forth in this 28 Section and shall not be used for the licensing and 29 enforcement of any other Act or other duties in the 30 Departmentof Professional Regulation. 31 (Source: P.A. 87-781; revised 10-28-98.) 32 (20 ILCS 2105/2105-100 new) HB0236 Engrossed -277- LRB9100031DJcdA 1 (was 20 ILCS 2105/60c) (from Ch. 127, par. 60c) 2 Sec. 2105-100. Disciplinary action with respect to 3 certificates; citation; hearing.60c.4 (a) Certificates may be revoked, suspended, placed on 5 probationary status, or have other disciplinary action taken 6 with regard to them asmay beauthorized in any licensing Act 7 administered by the Department in the manner provided by the 8 Civil Administrative Code of Illinoisthis Actand not 9 otherwise. 10 (b) The Department may upon its own motion and shall 11 upon the verified complaint in writing of any person, 12 provided thesuchcomplaint or thesuchcomplaint together 13 with evidence, documentary or otherwise, presented in 14 connection with the complaint makeswherewith shall makea 15 prima facie case, investigate the actions of any person 16 holding or claiming to hold a certificate. 17 (c) Before suspending, revoking, placing on probationary 18 status, or taking any other disciplinary action thatwhich19 may be authorized in any licensing Act administered by the 20 Department with regard to any certificate, the Department 21 shall issue a citation notifying the registrant of the time 22 and place when and where a hearing of the charges shall be 23 had. TheSuchcitation shall contain a statement of the 24 charges or shall be accompanied by a copy of the written 25 complaint if such complaint shall have been filed. TheSuch26 citation shall be served on the registrant at least 10ten27 days prior to the datethereinset in the citation for the 28 hearing, either by delivery of the citationsamepersonally 29 to the registrant or by mailing the citationsameby 30 registered mail to the registrant'shislast known place of 31 residence; provided that in any case where the registrant is 32 now or may hereafter be required by law to maintain a place 33 of business in this State and to notify the Department of the 34 location of that place of businessthereof, thesuchcitation HB0236 Engrossed -278- LRB9100031DJcdA 1 may be served by mailing itsameby registered mail to the 2 registrant at the place of business lastthereforedescribed 3 by the registranthimin thesuchnotification to the 4 Department. 5 (d) At the time and place fixed in thesuchcitation, 6 the Department shall proceed to a hearing of the charges.and7Both the registrant and the complainant shall be accorded 8 ample opportunity to present, in person or by counsel, any 9suchstatements, testimony, evidence, and argument thatas10 may be pertinent to the charges or to any defense to the 11 chargesthereto. The Department may continue thesuchhearing 12 from time to time. 13 (Source: P.A. 83-230.) 14 (20 ILCS 2105/2105-105 new) 15 (was 20 ILCS 2105/60d) (from Ch. 127, par. 60d) 16 Sec. 2105-105. Oaths; subpoenas; penalty.60d.17 (a) The Department, by its Director or a person 18 designated by him or her, is empowered, at any time during 19 the course of any investigation or hearing conducted pursuant 20 to any Act administered by the Department, to administer 21 oaths, subpoena witnesses, take evidence, and compel the 22 production of any books, papers, records, or any other 23 documents thatwhichthe Director, or a person designated by 24 him or her, deems relevant or material to any such 25 investigation or hearing conducted by the Department, with 26 the same fees and mileage and in the same manner as 27 prescribed by law in judicial proceedings in civil cases in 28 circuit courts of this State. 29 (b) Any person who, without lawful authority, fails to 30 appear in response to a subpoena or to answer any question or 31 produce any books, papers, records, or any other documents 32 relevant or material to thesuchinvestigation or hearing is 33 guilty of a Class A misdemeanor. Each violation shall HB0236 Engrossed -279- LRB9100031DJcdA 1 constitute a separate and distinct offense. 2 In addition to initiating criminal proceedings, the 3 Department, through the Attorney General, may seek 4 enforcement of any such subpoena by any circuit court of this 5 State. 6 (Source: P.A. 86-592.) 7 (20 ILCS 2105/2105-110 new) 8 (was 20 ILCS 2105/60e) (from Ch. 127, par. 60e) 9 Sec. 2105-110. Court order requiring attendance of 10 witnesses or production of materials.60e.Any circuit court, 11 upon the application of the registrant or complainant or of 12 the Department, may by order duly entered,require the 13 attendance of witnesses and the production of relevant books 14 and papers before the Department in any hearing relative to 15 the application for refusal to renew, suspension, revocation, 16 placing on probationary status, or the taking of any other 17 disciplinary action as may be authorized in any licensing Act 18 administered by the Department with regard to any certificate 19 of registration., andThe court may compel obedience to its 20 order by proceedings for contempt. 21 (Source: P.A. 83-334.) 22 (20 ILCS 2105/2105-115 new) 23 (was 20 ILCS 2105/60f) (from Ch. 127, par. 60f) 24 Sec. 2105-115.60f.Stenographer; transcript. The 25 Department, at its expense, shall provide a stenographer to 26 take down the testimony and preserve a record of all 27 proceedings at the hearing of any case in whichwhereina 28 certificate may be revoked, suspended, placed on probationary 29 status, or subjected to other disciplinary action with 30 reference to the certificate whenwherea disciplinary action 31 is authorized in any licensing Act administered by the 32 Department. The citation, complaint, and all other documents HB0236 Engrossed -280- LRB9100031DJcdA 1 in the nature of pleadings and written motions filed in the 2 proceedings, the transcript of testimony, the report of the 3 board, and the orders of the Department shall be the record 4 of the proceedings. The Department shall furnish a transcript 5 of the record to any person interested in the hearing upon 6 payment therefor of $1one dollarper page. This charge is 7 in addition to any fee charged by the Department for 8 certifying the record. 9 (Source: P.A. 87-1031.) 10 (20 ILCS 2105/2105-120 new) 11 (was 20 ILCS 2105/60g) (from Ch. 127, par. 60g) 12 Sec. 2105-120. Board's report; registrant's motion for 13 rehearing.60g.14 (a) The board shall present to the Director its written 15 report of its findings and recommendations. A copy of the 16suchreport shall be served upon the registrant, either 17 personally or by registered mail as provided in Section 18 2105-10060-cfor the service of the citation. 19 (b) Within 20twentydays after thesuchservice 20 required under subsection (a), the registrant may present to 21 the Department ahismotion in writing for a rehearing. The,22whichwritten motion shall specify the particular grounds for 23 a rehearingtherefor. If the registrant ordersshall order24 and payspayfor a transcript of the record as provided in 25 Section 2105-11560-f, the time elapsing thereafter and 26 before thesuchtranscript is ready for delivery to the 27 registranthimshall not be counted as part of the 20such28twentydays. 29 (Source: P.A. 83-230.) 30 (20 ILCS 2105/2105-125 new) 31 (was 20 ILCS 2105/60h) (from Ch. 127, par. 60h) 32 Sec. 2105-125. Restoration of certificate.60h.At any HB0236 Engrossed -281- LRB9100031DJcdA 1 time after the suspensionof, revocationof, placement on 2 probationary status, or other disciplinary action taken by 3 the Department with reference to any certificate, the 4 Department may restore it to the registrant without 5 examination, upon the written recommendation of the 6 appropriate board. 7 (Source: P.A. 83-230.) 8 (20 ILCS 2105/2105-150 new) 9 (was 20 ILCS 2105/60m) (from Ch. 127, par. 60m) 10 Sec. 2105-150. Violations of Medical Practice Act.60m.11 Notwithstanding any of the provisions of Section 2105-5, 12 2105-15, 2105-100, 2105-105, 2105-110, 2105-115, 2105-120, 13 2105-125, 2105-175, 2105-200, or 2105-32560, 60.1, 60-a,1460b, 60c, 60-d, 60e, 60f, 60-g or 60hof this LawAct, for 15 violations of Section 22 of the Medical Practice Act of 1987, 16 the Department shall suspend, revoke, place on probationary 17 status, or takesuchother disciplinary action as it deems 18 proper with regard to licenses issued under that Actfor19violations of Section 22 of the Medical Practice Act of 1987,20as amended,only in accordance with Sections 7 and 36 through 21 46 of that Act. 22 (Source: P.A. 85-1209.) 23 (20 ILCS 2105/2105-155 new) 24 (was 20 ILCS 2105/60n) (from Ch. 127, par. 60n) 25 Sec. 2105-155. Suspension or termination of medical 26 services provider under the Public Aid Code.60n.When the 27 Departmentof Professional Regulationreceives notice from 28 the Department of Public Aid, as required by Section 2205-10 2948bof the Department of Public Aid Law (20 ILCS 30 2205/2205-10)this Act, that the authorization to provide 31 medical services under Article V5of the Illinois Public Aid 32 Code has been suspended or terminated with respect to any HB0236 Engrossed -282- LRB9100031DJcdA 1 person, firm, corporation, association, agency, institution, 2 or other legal entity licensed under any Act administered by 3 the Department of Professional Regulation, the Department of 4 Professional Regulation shall determine whether there are 5 reasonable grounds to investigate the circumstances that 6whichresulted in thesuchsuspension or termination. If 7suchreasonable grounds are found, the Department of 8 Professional Regulation shall conduct an investigation and 9 take thesuchdisciplinary action against the licensee that 10asthe Department determines to be required under the 11 appropriate licensing Act. 12 (Source: P.A. 85-225.) 13 (20 ILCS 2105/2105-175 new) 14 (was 20 ILCS 2105/60a, in part) (from Ch. 127, par. 60a) 15 Sec. 2105-175. Reexaminations or rehearings.60a.16 Whenever the Director is satisfied that substantial justice 17 has not been done either in an examination or in the 18 revocation of, refusal to renew, suspension, placing on 19 probationary status, orthetaking of other disciplinary 20 action as may be authorized in any licensing Act administered 21 by the Department with regard to a license, certificate, or 22 authority, the Directorhemay order reexaminations or 23 rehearings by the same or other examiners or hearing 24 officers. 25 (Source: P.A. 83-230.) 26 (20 ILCS 2105/2105-200 new) 27 (was 20 ILCS 2105/60.1) (from Ch. 127, par. 60.1) 28 Sec. 2105-200. Index of formal decisions regarding 29 disciplinary action.60.1.The Departmentof Professional30Regulationshall maintain an index of formal decisions 31 regarding the issuance of or,refusal to issue licenses, the 32 renewal of or refusal to renew licenses, the revocation or HB0236 Engrossed -283- LRB9100031DJcdA 1andsuspension of licenses, and probationary or other 2 disciplinary action taken by the Department after August 31, 3 1971 (the effective date of Publicthis amendatoryAct 4 77-1400)of 1971. The decisions shall be indexed according to 5 the statutory Sectionsectionsand the administrative 6 regulation, if any, thatwhichis the basis for the decision. 7 The index shall be available to the public during regular 8 business hours. 9 (Source: P.A. 85-225.) 10 (20 ILCS 2105/2105-205 new) 11 (was 20 ILCS 2105/60.3) 12 Sec. 2105-205.60.3.Publication of disciplinary 13 actions. The Department shall publish, at least monthly, 14 final disciplinary actions taken by the Department against a 15 licensee or applicant pursuant to the Medical Practice Act of 16 1987. The specific disciplinary action and the name of the 17 applicant or licensee shall be listed. This publication 18 shall be made available to the public upon request and 19 payment of the fees set by the Department. This publication 20 may be made available to the public on the Internet through 21 the State of Illinois World Wide Web site. 22 (Source: P.A. 89-702, eff. 7-1-97; 90-14, eff. 7-1-97.) 23 (20 ILCS 2105/2105-210 new) 24 (was 20 ILCS 2105/60.2) (from Ch. 127, par. 60.2) 25 Sec. 2105-210.60.2.Annual report. The Departmentof26Professional Regulationshall prepare and file with the 27 General Assembly during the second week of January in each 28 calendar year a written report setting forth, with respect to 29 each professional, trade, or occupational school that is 30 regulated by the Department and that may not lawfully be 31 operated without a certificate of registration issued by the 32 Department: HB0236 Engrossed -284- LRB9100031DJcdA 1 (1) The number of written or verified complaints, 2 by license category, made or filed with the Department 3 during the immediately preceding calendar year alleging 4 the violation of any licensing Act administered by the 5 Department. 6 (2) The name and address of each such school with 7 respect to which or with respect to a representative of 8 which the Department, during the immediately preceding 9 calendar year, refused to issue or renew a certificate of 10 registration required for lawful operation of the school 11 and the reasons for that refusal. 12 (3) The name and address of each such school with 13 respect to which or with respect to a representative of 14 which the certificate of registration required for lawful 15 operation of the school was suspended, revoked, placed on 16 probation, reprimanded, or otherwise disciplined during 17 the immediately preceding calendar year and the reasons 18 for that discipline. 19 (4) The name and location of each such school at 20 which the Department made any on-siteon siteinspection 21 at any time during the immediately preceding calendar 22 year and the date or dates on which each such on-siteon23sitevisit was made at that school. 24 (Source: P.A. 90-14, eff. 7-1-97.) 25 (20 ILCS 2105/2105-215 new) 26 (was 20 ILCS 2105/61a) (from Ch. 127, par. 61a) 27 Sec. 2105-215. Proof of Department records.61a.The 28 papers, entries, and records of the Department or parts 29 thereof may be proved in any legal proceeding by a copy 30 thereof certified under the signature of the keeper thereof 31 in the name of the Department with a seal of the Department 32 attached. A fee of $1.00 shall be paid to the Department for 33 thesuchcertification. HB0236 Engrossed -285- LRB9100031DJcdA 1 (Source: P.A. 84-550.) 2 (20 ILCS 2105/2105-220 new) 3 (was 20 ILCS 2105/61b) (from Ch. 127, par. 61b) 4 Sec. 2105-220. Release of Department records pursuant to 5 subpoena.61b.Prior to the release of any records of the 6 Department pursuant to a subpoena in a civil or criminal 7 proceeding, the party seeking the records shall pay to the 8 Department $1.00 per page for thesuchrecords. 9 (Source: P.A. 86-592.) 10 (20 ILCS 2105/2105-300 new) 11 (was 20 ILCS 2105/61e) 12 Sec. 2105-300.61e.Professions Indirect Cost Fund; 13 allocations; analyses. 14 (a) Appropriations for the direct and allocable indirect 15 costs of licensing and regulating each regulated profession, 16 trade, or occupation are intended to be payable from the fees 17 and fines that are assessed and collected from that 18 profession, trade, or occupation, to the extent that those 19 fees and fines are sufficient. In any fiscal year in which 20 the fees and fines generated by a specific profession, trade, 21 or occupation are insufficient to finance the necessary 22 direct and allocable indirect costs of licensing and 23 regulating that profession, trade, or occupation, the 24 remainder of those costs shall be financed from 25 appropriations payable from revenue sources other than fees 26 and fines. The direct and allocable indirect costs of the 27 Department identified in its cost allocation plans that are 28 not attributable to the licensing and regulation of a 29 specific profession, trade, or occupation or group of 30 professions, trades, or occupations shall be financed from 31 appropriations from revenue sources other than fees and 32 fines. HB0236 Engrossed -286- LRB9100031DJcdA 1 (b) The Professions Indirect Cost Fund is hereby created 2 as a special fund in the State Treasury. The Fund may 3 receive transfers of moneys authorized by the Departmentof4Professional Regulationfrom the cash balances in special 5 funds that receive revenues from the fees and fines 6 associated with the licensing of regulated professions, 7 trades, and occupations by the Department. Moneys in the 8 Fund shall be invested and earnings on the investments shall 9 be retained in the Fund. Subject to appropriation, the 10 Department shall use moneys in the Fund to pay the ordinary 11 and necessary allocable indirect expenses associated with 12 each of the regulated professions, trades, and occupations. 13 (c) Before the beginning of each fiscal year, the 14 Department shall prepare a cost allocation analysis to be 15 used in establishing the necessary appropriation levels for 16 each cost purpose and revenue source. At the conclusion of 17 each fiscal year, the Department shall prepare a cost 18 allocation analysis reflecting the extent of the variation 19 between how the costs were actually financed in that year and 20 the planned cost allocation for that year. Variations 21 between the planned and actual cost allocations for the prior 22 fiscal year shall be adjusted into the Department's planned 23 cost allocation for the next fiscal year. 24 Each cost allocation analysis shall separately identify 25 the direct and allocable indirect costs of each regulated 26 profession, trade, or occupation and the costs of the 27 Department's general public health and safety purposes. The 28 analyses shall determine whether the direct and allocable 29 indirect costs of each regulated profession, trade, or 30 occupation and the costs of the Department's general public 31 health and safety purposes are sufficiently financed from 32 their respective funding sources. The Department shall 33 prepare the cost allocation analyses in consultation with the 34 respective regulated professions, trades, and occupations and HB0236 Engrossed -287- LRB9100031DJcdA 1 shall make copies of the analyses available to them in a 2 timely fashion. 3 (d) The Department may direct the State Comptroller and 4 Treasurer to transfer moneys from the special funds that 5 receive fees and fines associated with regulated professions, 6 trades, and occupations into the Professions Indirect Cost 7 Fund in accordance with the Department's cost allocation 8 analysis plan for the applicable fiscal year. For a given 9 fiscal year, the Department shall not direct the transfer of 10 moneys under this subsection from a special fund associated 11 with a specific regulated profession, trade, or occupation 12 (or group of professions, trades, or occupations) in an 13 amount exceeding the allocable indirect costs associated with 14 that profession, trade, or occupation (or group of 15 professions, trades, or occupations) as provided in the cost 16 allocation analysis for that fiscal year and adjusted for 17 allocation variations from the prior fiscal year. No direct 18 costs identified in the cost allocation plan shall be used as 19 a basis for transfers into the Professions Indirect Cost Fund 20 or for expenditures from the Fund. 21 (Source: P.A. 89-204, eff. 1-1-96; 89-474, eff. 6-18-96.) 22 (20 ILCS 2105/2105-325 new) 23 (was 20 ILCS 2105/60a, in part) (from Ch. 127, par. 60a) 24 Sec. 2105-325. Board member compensation. Except as 25 otherwise provided in any licensing Act, from amounts 26 appropriated for compensation and expenses of boards, each 27 member of eachsuchboard shall receive compensation at a 28 rate, established by the Director, not to exceed $50 per day, 29 for the member'shisservice and shall be reimbursed for the 30 member'shisexpenses necessarily incurred in relation to 31 thatsuchservice in accordance with the travel regulations 32 applicable to the Department at the time the expenses are 33 incurred. HB0236 Engrossed -288- LRB9100031DJcdA 1 (Source: P.A. 83-230.) 2 (20 ILCS 2205/Art. 2205 heading new) 3 ARTICLE 2205. DEPARTMENT OF PUBLIC AID 4 (20 ILCS 2205/2205-1 new) 5 Sec. 2205-1. Article short title. This Article 2205 of 6 the Civil Administrative Code of Illinois may be cited as the 7 Department of Public Aid Law. 8 (20 ILCS 2205/2205-5 new) 9 (was 20 ILCS 2205/48a) (from Ch. 127, par. 48a) 10 Sec. 2205-5.48a. Department ofPublic Aid CodePowers. 11 The Department of Public Aid shall administer"the Illinois 12 Public Aid Code as provided in that Code", enacted by the1375th General Assembly. 14 (Source: Laws 1967, p. 234.) 15 (20 ILCS 2205/2205-10 new) 16 (was 20 ILCS 2205/48b) (from Ch. 127, par. 48b) 17 Sec. 2205-10. Suspension or termination of authorization 18 to provide medical services.48b.Whenever the Department of 19 Public Aid suspends or terminates the authorization of any 20 person, firm, corporation, association, agency, institution, 21 or other legal entity to provide medical services under 22 Article V5of the Illinois Public Aid Code and the practice 23 of providing thosesuchservices or the maintenance of 24 facilities for thosesuchservices is licensed under a 25 licensing Act administered by the Department of Public Health 26 or the Department of Professional Regulation, the Department 27 of Public Aid shall, within 30 days of thesuchsuspension or 28 termination, give written notice of thesuchsuspension or 29 termination and transmit a record of the evidence and specify 30 the grounds on which the suspension or termination is based HB0236 Engrossed -289- LRB9100031DJcdA 1 to the Department thatwhichadministers the licensing Act 2 under which that person, firm, corporation, association, 3 agency, institution, or other legal entity is licensed, 4 subject to any confidentiality requirements imposed by 5 applicable federal or State law. The cost of any such record 6 shall be borne by the Department to which it is transmitted. 7 (Source: P.A. 85-225.) 8 (20 ILCS 2310/Art. 2310 heading new) 9 ARTICLE 2310. DEPARTMENT OF PUBLIC HEALTH 10 (20 ILCS 2310/2310-1 new) 11 Sec. 2310-1. Article short title. This Article 2310 of 12 the Civil Administrative Code of Illinois may be cited as the 13 Department of Public Health Powers and Duties Law. 14 (20 ILCS 2310/2310-5 new) 15 Sec. 2310-5. Definitions. In this Law: 16 "Department" means the Department of Public Health. 17 "Director" means the Director of Public Health. 18 (20 ILCS 2310/2310-10 new) 19 (was 20 ILCS 2310/55) (from Ch. 127, par. 55) 20 Sec. 2310-10. Powers and duties, generally.55.The 21 Departmentof Public Healthhas the powers and duties 22 enumerated in the Sections following this Sectionand23preceding Section 55a. 24 (Source: P.A. 86-479; 86-610; 86-732; 86-839; 86-878; 86-884; 25 86-885; 86-919; 86-996; 86-1004; 86-1028; 86-1377.) 26 (20 ILCS 2310/2310-15 new) 27 (was 20 ILCS 2310/55.02) (from Ch. 127, par. 55.02) 28 Sec. 2310-15. General supervision of health; delegation 29 to local boards of health.55.02.To have the general HB0236 Engrossed -290- LRB9100031DJcdA 1 supervision of the interests of the health and lives of the 2 people of the State and to exercise the rights, powers, and 3 duties of those Acts thatwhichit is by law authorized to 4 enforce. The Department shall have the general authority to 5 delegate to county and multiple-county boards of health the 6 duties under those Acts it is authorized to enforce for the 7 purpose of local administration and enforcement. Upon 8 accepting the delegation, county and multiple-county boards 9 of health shall administer and enforce the minimum program 10 standards promulgated by the Department under the provisions 11 of those Acts. County and multiple-county boards of health 12 may establish reasonable fees for the permits, licenses, or 13 other activities performed under the delegation agreement. 14 The Department may waive any portion of its fees established 15 by statute or rule if the county or multiple-county board of 16 health accepts the delegation. 17 (Source: P.A. 87-1162.) 18 (20 ILCS 2310/2310-20 new) 19 (was 20 ILCS 2310/55.17) (from Ch. 127, par. 55.17) 20 Sec. 2310-20. Promoting information of general public. 2155.17.To promote the information of the general public in 22 all matters pertaining to health. 23 (Source: Laws 1951, p. 1512.) 24 (20 ILCS 2310/2310-25 new) 25 (was 20 ILCS 2310/55.05) (from Ch. 127, par. 55.05) 26 Sec. 2310-25. Disbursements to agencies and 27 organizations; payments for individuals.55.05.To approve 28 the disbursement of State and federal funds to local health 29 authorities and to other public or private agencies and 30 organizations for the development of health programs or 31 services, and to make payments to or on behalf of individuals 32 suffering from diseases or disabilities from appropriations HB0236 Engrossed -291- LRB9100031DJcdA 1 made available to the Department for thosesuchpurposes. 2 (Source: P.A. 80-994.) 3 (20 ILCS 2310/2310-30 new) 4 (was 20 ILCS 2310/55.12) (from Ch. 127, par. 55.12) 5 Sec. 2310-30. Contracts for health services and 6 products.55.12.To enter into contracts with the Federal 7 Government, other States, local governmental units, and other 8 public or private agencies or organizations for the purchase, 9 sale, or exchange of health services and products thatwhich10 may benefit the health of the people. 11 (Source: P.A. 90-372, eff. 7-1-98.) 12 (20 ILCS 2310/2310-35 new) 13 (was 20 ILCS 2310/55.27) (from Ch. 127, par. 55.27) 14 Sec. 2310-35. Federal monies.55.27.To accept, receive, 15 and receipt for federal monies, for and in behalf of the 16 State, given by the federal government under any federal law 17 to the State for health purposes, surveys, or programs, and 18 to adopt necessary rules pertaining thereto pursuant to the 19 Illinois Administrative Procedure Act. 20 (Source: P.A. 83-1496.) 21 (20 ILCS 2310/2310-40 new) 22 (was 20 ILCS 2310/55.28) (from Ch. 127, par. 55.28) 23 Sec. 2310-40. Gifts and donations.55.28.To accept, 24 receive, and receipt for gifts, donations, grants, or 25 bequests for health purposes. 26 (Source: Laws 1951, p. 1512.) 27 (20 ILCS 2310/2310-45 new) 28 (was 20 ILCS 2310/55.29) (from Ch. 127, par. 55.29) 29 Sec. 2310-45. State Treasurer as custodian of funds. 3055.29.Funds received by the Departmentof Public HealthHB0236 Engrossed -292- LRB9100031DJcdA 1 pursuant to Section 2310-35Sections 55.27or 2310-4055.282 shall be deposited with the State Treasurer and held and 3 disbursed by the Treasurerhimin accordance with the 4 Treasurer as Custodian of Funds Act"An Act in relation to5the receipt, custody and disbursement of money allotted by6the United States of America or any agency thereof for use in7this State," approved July 3, 1939, as amended. 8 (Source: Laws 1951, p. 1512.) 9 (20 ILCS 2310/2310-50 new) 10 (was 20 ILCS 2310/55.19) (from Ch. 127, par. 55.19) 11 Sec. 2310-50. Cooperation of organizations and agencies. 1255.19.To enlist the cooperation of organizations of 13 physicians and other agencies for the promotion and 14 improvement of health and sanitation throughout the State. 15 (Source: Laws 1951, p. 1512.) 16 (20 ILCS 2310/2310-55 new) 17 (was 20 ILCS 2310/55.14) (from Ch. 127, par. 55.14) 18 Sec. 2310-55. Collecting information regarding mortality 19 and other matters.55.14.To obtain, collect, and preserve 20suchinformation relative to mortality, morbidity, disease, 21 and health thatasmay be useful in the discharge of its 22 duties or may contribute to the promotion of health or to the 23 security of life in this State. 24 (Source: Laws 1951, p. 1512.) 25 (20 ILCS 2310/2310-60 new) 26 (was 20 ILCS 2310/55.22) (from Ch. 127, par. 55.22) 27 Sec. 2310-60. Publishing documents relating to health. 2855.22.To print, publish, and distribute documents, reports, 29 bulletins, certificates, and other matter relating to the 30 prevention of diseases and the health and sanitary conditions 31 of the State. HB0236 Engrossed -293- LRB9100031DJcdA 1 (Source: Laws 1951, p. 1512.) 2 (20 ILCS 2310/2310-65 new) 3 (was 20 ILCS 2310/55.26) (from Ch. 127, par. 55.26) 4 Sec. 2310-65. Hospital construction and health service 5 programs.55.26.To conduct State-wide inventories of 6 existing hospitals, health service facilities, and personnel 7 for hospital and medical care and a survey of need of 8 hospitals, health service facilities, and personnel;,to 9 adopt State plans, based upon thosesuchinventories and 10 surveys, embracing a hospital construction program and a 11 health service program for hospital and medical care;andto 12 make reports in thesuchform and containing thesuch13 information thatasthe Surgeon General of the United States 14 Public Health Service may from time to time reasonably 15 require; and to do all other things on behalf of the State 16 thatasmay be necessary in order for the State to 17 participate in the benefits of the"Hospital Survey and 18 Construction Act,"enacted by the 79th Congress, and any 19 other Act enacted by Congress pertaining to hospital and 20 medical care and health services. The Departmentof Public21Healthis designated as the sole State agency for the 22 administration of thosesuchState plans and as the agency 23 for receiving payments to the State from the United States of 24 America in accordance with the provisions of thosesuchActs 25 of Congress. 26 (Source: Laws 1951, p. 1512.) 27 (20 ILCS 2310/2310-75 new) 28 (was 20 ILCS 2310/55.38) (from Ch. 127, par. 55.38) 29 Sec. 2310-75. Impact of diesel powered equipment and 30 explosives in underground coal mines.55.38.The Department 31of Public Healthshall conduct a study of underground coal 32 mines thatwhichuse diesel powered equipment or explosives HB0236 Engrossed -294- LRB9100031DJcdA 1 while persons are working underground. TheSuchstudy shall 2 include, at a minimum, an assessment of the health and safety 3 impacts from the use of thosesuchpractices and equipment. 4 The Department shall report its findings to the Governor and 5 the General Assembly by no later than January 1, 1986. 6 (Source: P.A. 83-1236.) 7 (20 ILCS 2310/2310-80 new) 8 (was 20 ILCS 2310/55.89) 9 Sec. 2310-80.55.89. 55.84.Aging Veterans Task Force. 10 (a) The Directorof Public Healthshall appoint an Aging 11 Veterans Task Force to study the capability of the State to 12 provide health care to veterans of the armed forces after the 13 year 2000. The task force shall consist of persons 14 representing the Department, the Department of Veterans' 15 Affairs, Illinois Veterans Homes, hospitals, nursing homes, 16 other health care facilities, and advocates for residents of 17 Illinois Veterans Homes, hospitals, nursing homes, and other 18 health care facilities. Members of the task force shall 19 serve without compensation other than reimbursement for 20 necessary expenses incurred in the performance of their 21 duties. 22 (b) The task force shall conduct a comprehensive 23 examination of the future demands for health care by the 24 State's aging veteran population and the ability of the State 25 to provide that health care. 26 (c) The task force shall make recommendations to assist 27 the Department and the Department of Veterans' Affairs in 28 developing agency and legislative changes to provide health 29 care to the State's veterans after the year 2000. The task 30 force shall report its recommendations to the Department 31 before January 1, 1999. 32 (Source: P.A. 90-693, eff. 8-7-98; revised 9-23-98.) HB0236 Engrossed -295- LRB9100031DJcdA 1 (20 ILCS 2310/2310-90 new) 2 (was 20 ILCS 2310/55.09) (from Ch. 127, par. 55.09) 3 Sec. 2310-90. Laboratories; fees; Public Health 4 Laboratory Services Revolving Fund.55.09.To maintain 5 physical, chemical, bacteriological, and biological 6 laboratories; to make examinations of milk, water, 7 atmosphere, sewage, wastes, and other substances, and 8 equipment and processes relating thereto; to make diagnostic 9 tests for diseases and tests for the evaluation of health 10 hazards considered necessary for the protection of the people 11 of the State; and to assess a reasonable fee for services 12 provided as established by regulation, under the Illinois 13 Administrative Procedure Act, which shall not exceed the 14 Department's actual costs to provide these services. 15 Excepting fees collected under the Phenylketonuria 16 Testing Act and the Lead Poisoning Prevention Act, all fees 17 shall be deposited into the Public Health Laboratory Services 18 Revolving Fund. Other State and federal funds related to 19 laboratory services may also be deposited into the Fund, and 20 all interest that accrues on the moneys in the Fund shall be 21 deposited into the Fund. 22 Moneys shall be appropriated from the Fund solely for the 23 purposes of testing specimens submitted in support of 24 Department programs established for the protection of human 25 health, welfare, and safety, and for testing specimens 26 submitted by physicians and other health care providers, to 27 determine whether chemically hazardous, biologically 28 infectious substances, or other disease causing conditions 29 are present. 30 (Source: P.A. 88-85.) 31 (20 ILCS 2310/2310-100 new) 32 (was 20 ILCS 2310/55.16) (from Ch. 127, par. 55.16) 33 Sec. 2310-100. Work of local health officers and HB0236 Engrossed -296- LRB9100031DJcdA 1 agencies.55.16.To keep informed of the work of local health 2 officers and agencies throughout the State. 3 (Source: Laws 1951, p. 1512.) 4 (20 ILCS 2310/2310-105 new) 5 (was 20 ILCS 2310/55.18) (from Ch. 127, par. 55.18) 6 Sec. 2310-105. Supervising and aiding local authorities. 755.18.To supervise, aid, direct, and assist local health 8 authorities or agencies in the administration of the health 9 laws. 10 (Source: Laws 1951, p. 1512.) 11 (20 ILCS 2310/2310-110 new) 12 (was 20 ILCS 2310/55.25) (from Ch. 127, par. 55.25) 13 Sec. 2310-110. Defense zones for public health purposes; 14 local approval.55.25.To define the boundaries of defense 15 zones within this State for public health purposes, to alter 16 those boundariesthe samefrom time to time, to establish and 17 maintain health departments in thosesuchdefense zones, and 18 to prescribe their powers and duties; provided, that no city, 19 village, or incorporated town thatwhichhas established and 20 is maintaining a board of health or public health board or 21 department pursuant to the provisions of the Illinois 22 Municipal Code,as heretofore and hereafter amended,or any 23 portion of thatsuchmunicipality or any territory owned by, 24 leased to, or subject to the jurisdiction of any such 25 municipality, shall be included within any such defense zone 26 except upon approval of the corporate authorities of thesuch27municipality,or of the mayor or president of the board of 28 trustees of the municipalitythereofunless or until that 29suchapproval is rescinded by action of the city council or 30 board of trustees; provided, that in cities and villages 31 under the commission form of government, thatsuchapproval 32 must be concurred in by a majority of the council. HB0236 Engrossed -297- LRB9100031DJcdA 1 (Source: Laws 1961, p. 1418.) 2 (20 ILCS 2310/2310-130 new) 3 (was 20 ILCS 2310/55.82) 4 Sec. 2310-130.55.82.Medicare or Medicaid certification 5 fee; Health Care Facility and Program Survey Fund. To 6 establish and charge a fee to any facility or program 7 applying to be certified to participate in the Medicare 8 program under Title XVIII of the federal Social Security Act 9 or in the Medicaid program under Title XIX of the federal 10 Social Security Act to cover the costs associated with the 11 application, inspection, and survey of the facility or 12 program,and processing of the application. The Department 13 shall establish the fee by rule, and the fee shall be based 14 only on those application, inspection, and survey,and 15 processing costs not reimbursed to the State by the federal 16 government. The fee shall be paid by the facility or program 17 before the application is processed. 18 The fees received by the Department under this Section 19 shall be deposited into the Health Care Facility and Program 20 Survey Fund, which is hereby created as a special fund in the 21 State treasury. Moneys in the Fund shall be appropriated to 22 the Department and may be used for any costs incurred by the 23 Department, including personnel costs, in the processing of 24 applications for Medicare or Medicaid certification. 25 (Source: P.A. 89-499, eff. 6-28-96.) 26 (20 ILCS 2310/2310-135 new) 27 (was 20 ILCS 2310/55.37) (from Ch. 127, par. 55.37) 28 Sec. 2310-135. Notice of suspension or termination of 29 medical services provider under Public Aid Code.55.37.When 30 the Departmentof Public Healthreceives notice from the 31 Department of Public Aid, as required by Section 2205-1048b32 of the Department of Public Aid Law (20 ILCS 2205/2205-10) HB0236 Engrossed -298- LRB9100031DJcdA 1this Act, that the authorization to provide medical services 2 under Article V5of the Illinois Public Aid Code has been 3 suspended or terminatedterminationwith respect to any 4 person, firm, corporation, association, agency, institution, 5 or other legal entity licensed under any Act administered by 6 the Department of Public Health, the Department of Public 7 Health shall determine whether there are reasonable grounds 8 to investigate the circumstances thatwhichresulted in the 9suchsuspension or termination. If such reasonable grounds 10 are found, the Department of Public Health shall conduct an 11 investigation and takesuchdisciplinary action against the 12 licensee thatasthe Department determines to be required 13 under the appropriate licensing Act. 14 (Source: P.A. 80-1364.) 15 (20 ILCS 2310/2310-140 new) 16 (was 20 ILCS 2310/55.37a) (from Ch. 127, par. 55.37a) 17 Sec. 2310-140. Recommending suspension of licensed 18 health care professional.55.37a.The Directorof Public19Health, upon making a determination based upon information in 20 the possession of the Department,that continuation in 21 practice of a licensed health care professional would 22 constitute an immediate danger to the public, shall submit a 23 written communication to the Director ofthe Department of24 Professional Regulation indicating thatsuchdetermination 25 and additionally (i) providing a complete summary of the 26 information upon which thesuchdetermination is based,and 27 (ii) recommending that the Director of Professional 28 Regulation immediately suspend thesuchperson's license. 29 All relevant evidence, or copies thereof, in the Department's 30 possession may also be submitted in conjunction with the 31 written communication. A copy of thesuchwritten 32 communication, which is exempt from the copying and 33 inspection provisions of the Freedom of Information Act, HB0236 Engrossed -299- LRB9100031DJcdA 1 shall at the time of submittal to the Director ofthe2Department ofProfessional Regulation be simultaneously 3 mailed to the last known business address of thesuch4 licensed health care professional by certified or registered 5 postage, United States Mail, return receipt requested. Any 6 evidence, or copies thereof, thatwhichis submitted in 7 conjunction with the written communication is also exempt 8 fromforthe copying and inspection provisions of the Freedom 9 of Information Act. 10 For the purposes of this Section, "licensed health care 11 professional" means any person licensed under the Illinois 12 Dental Practice Act, the Nursing and Advanced Practice 13 Nursing Act, the Medical Practice Act of 1987, the Pharmacy 14 Practice Act of 1987, the Podiatric Medical Practice Act of 15 1987, orandthe Illinois Optometric Practice Act of 1987. 16 (Source: P.A. 90-742, eff. 8-13-98.) 17 (20 ILCS 2310/2310-155 new) 18 (was 20 ILCS 2310/55.24) (from Ch. 127, par. 55.24) 19 Sec. 2310-155. Transfer of realty to other State agency; 20 acquisition of federal lands.55.24.To transfer jurisdiction 21 of any realty under the control of the Department to any 22 other department of State government, or to the State 23 Employees Housing Commission, or to acquire or accept federal 24 lands, when thesuchtransfer, acquisition, or acceptance is 25 advantageous to the State and is approved in writing by the 26 Governor. 27 (Source: Laws 1951, p. 1512.) 28 (20 ILCS 2310/2310-170 new) 29 (was 20 ILCS 2310/55.30) (from Ch. 127, par. 55.30) 30 Sec. 2310-170. No application to sanitary district with 31 population over 1,000,000.55.30.Nothing contained in the 32 Civil Administrative Code of Illinoisthis Act containedHB0236 Engrossed -300- LRB9100031DJcdA 1 shall apply to or be construed in any manner to affect the 2 property, real, personal, or mixed and wherever situated, or 3 the channels, drains, ditches, and outlets and adjuncts and 4 additions thereto and their use, operation, and maintenance 5 and the right to the flow of water therein for sewage 6 dilution, or affect the jurisdiction, rights, power, duties, 7 and obligations of any existing sanitary district thatwhich8 now has a population of 1,000,000one millionor more within 9 its territorial limits. 10 (Source: Laws 1951, p. 1512.) 11 (20 ILCS 2310/2310-185 new) 12 (was 20 ILCS 2310/55.51) (from Ch. 127, par. 55.51) 13 Sec. 2310-185. Criminal history record information. 1455.51.Whenever the Department is authorized or required by 15 law to consider some aspect of criminal history record 16 information for the purpose of carrying out its statutory 17 powers and responsibilities, then, upon request and payment 18 of fees in conformance with the requirements ofsubsection 2219ofSection 2605-40055aof the Department of State Police Law 20 (20 ILCS 2605/2605-400)"The Civil Administrative Code of21Illinois", the Department of State Police is authorized to 22 furnish, pursuant to positive identification, thesuch23 information contained in State files thatasis necessary to 24 fulfill the request. 25 (Source: P.A. 86-610; 86-1028.) 26 (20 ILCS 2310/2310-195 new) 27 (was 20 ILCS 2310/55.39) (from Ch. 127, par. 55.39) 28 Sec. 2310-195. Administrative rules.55.39.To adopt all 29 administrative rules thatwhichmay be necessary for the 30 effective administration, enforcement, and regulation of all 31 matters for which the Department has jurisdiction or 32 responsibility. HB0236 Engrossed -301- LRB9100031DJcdA 1 (Source: P.A. 84-832.) 2 (20 ILCS 2310/2310-200 new) 3 (was 20 ILCS 2310/55.53) (from Ch. 127, par. 55.53) 4 Sec. 2310-200.55.53.Programs to expand access to 5 primary care. 6 (a) The Department shall establish a program to expand 7 access to comprehensive primary care in medically underserved 8 communities throughout Illinois. This program may include 9 the provision of financial support and technical assistance 10 to eligible community health centers. To be eligible for 11 thosesuchgrants, community health centers must meet 12 requirements comparable to those enumerated in Sections 329 13 and 330 of the federal Public Health Service Act. In 14 establishing its program, the Department shall avoid 15 duplicating resources in areas already served by community 16 health centers. 17 (b) The Department may develop financing programs with 18 the Illinois Development Finance Authority to carry out the 19 purposes of the Civil Administrative Code of Illinoisthis20Actor any other Act that the Department is responsible for 21 administering. The Department may transfer to the Illinois 22 Development Finance Authority, into an account outside of the 23 State treasury, any moneys it deems necessary from its 24 accounts to establish bond reserve or credit enhancement 25 escrow accounts, or loan or equipment leasing programs. The 26 disposition of moneys at the conclusion of any such financing 27 program shall be determined by an interagency agreement. 28 (Source: P.A. 88-535.) 29 (20 ILCS 2310/2310-205 new) 30 (was 20 ILCS 2310/55.57) (from Ch. 127, par. 55.57) 31 Sec. 2310-205.55.57.Community health centers. From 32 appropriations from the Community Health Center Care Fund, a HB0236 Engrossed -302- LRB9100031DJcdA 1 special fund in the State treasury which is hereby created, 2 the Department shall provide financial assistance (i) to(a)3 migrant health centers and community health centers 4 established pursuant to Sections 329 or 330 of the federal 5 Public Health Service Act or thatwhichmeet the standards 6 contained in either of those Sections;and (ii)(b)for the 7 purpose of establishing new migrant health centers or 8 community health centers in areas of need. 9 (Source: P.A. 86-996; 86-1028.) 10 (20 ILCS 2310/2310-210 new) 11 (was 20 ILCS 2310/55.62a) 12 Sec. 2310-210.55.62a.Advisory Panel on Minority 13 Health. 14 (a) In this Section: 15 "Health profession" means any health profession regulated 16 under the laws of this State, including, without limitation, 17 professions regulated under the Illinois Athletic Trainers 18 Practice Act, the Clinical Psychologist Licensing Act, the 19 Clinical Social Work and Social Work Practice Act, the 20 Illinois Dental Practice Act, the Dietetic and Nutrition 21 Services Practice Act, the Marriage and Family Therapy 22 Licensing Act, the Medical Practice Act of 1987, the 23 Naprapathic Practice Act, the Nursing and Advanced Practice 24 Nursing Act, the Illinois Occupational Therapy Practice Act, 25 the Illinois Optometric Practice Act of 1987, the Illinois 26 Physical Therapy Act, the Physician Assistant Practice Act of 27 1987, the Podiatric Medical Practice Act of 1987, the 28 Professional Counselor and Clinical Professional Counselor 29 Licensing Act, and the Illinois Speech-Language Pathology and 30 Audiology Practice Act. 31 "Minority" has the same meaning as in Section 2310-215 3255.62. 33 (b) The General Assembly finds as follows: HB0236 Engrossed -303- LRB9100031DJcdA 1 (1) The health status of individuals from ethnic 2 and racial minorities in this State is significantly 3 lower than the health status of the general population of 4 the State. 5 (2) Minorities suffer disproportionately high rates 6 of cancer, stroke, heart disease, diabetes, sickle-cell 7 anemia, lupus, substance abuse, acquired immune 8 deficiency syndrome, other diseases and disorders, 9 unintentional injuries, and suicide. 10 (3) The incidence of infant mortality among 11 minorities is almost double that for the general 12 population. 13 (4) Minorities suffer disproportionately from lack 14 of access to health care and poor living conditions. 15 (5) Minorities are under-represented in the health 16 care professions. 17 (6) Minority participation in the procurement 18 policies of the health care industry is lacking. 19 (7) Minority health professionals historically have 20 tended to practice in low-income areas and to serve 21 minorities. 22 (8) National experts on minority health report that 23 access to health care among minorities can be 24 substantially improved by increasing the number of 25 minority health professionals. 26 (9) Increasing the number of minorities serving on 27 the facilities of health professional schools is an 28 important factor in attracting minorities to pursue a 29 career in health professions. 30 (10) Retaining minority health professionals 31 currently practicing in this State and those receiving 32 training and education in this State is an important 33 factor in maintaining and increasing the number of 34 minority health professionals in Illinois. HB0236 Engrossed -304- LRB9100031DJcdA 1 (11) An Advisory Panel on Minority Health is 2 necessary to address the health issues affecting 3 minorities in this State. 4 (c) The General Assembly's intent is as follows: 5 (1) That all Illinoisans have access to health 6 care. 7 (2) That the gap between the health status of 8 minorities and other Illinoisans be closed. 9 (3) That the health issues that disproportionately 10 affect minorities be addressed to improve the health 11 status of minorities. 12 (4) That the number of minorities in the health 13 professions be increased. 14 (d) The Advisory Panel on Minority Health is created. 15 The Advisory Panel shall consist of 25 members appointed by 16 the Director of Public Health. The members shall represent 17 health professions and the General Assembly. 18 (e) The Advisory Panel shall assist the Department in 19 the following manner: 20 (1) Examination of the following areas as they 21 relate to minority health: 22 (A) Access to health care. 23 (B) Demographic factors. 24 (C) Environmental factors. 25 (D) Financing of health care. 26 (E) Health behavior. 27 (F) Health knowledge. 28 (G) Utilization of quality care. 29 (H) Minorities in health care professions. 30 (2) Development of monitoring, tracking, and 31 reporting mechanisms for programs and services with 32 minority health goals and objectives. 33 (3) Communication with local health departments, 34 community-based organizations, voluntary health HB0236 Engrossed -305- LRB9100031DJcdA 1 organizations, and other public and private organizations 2 statewide, on an ongoing basis, to learn more about their 3 services to minority communities, the health problems of 4 minority communities, and their ideas for improving 5 minority health. 6 (4) Promotion of communication among all State 7 agencies that provide services to minority populations. 8 (5) Building coalitions between the State and 9 leadership in minority communities. 10 (6) Encouragement of recruitment and retention of 11 minority health professionals. 12 (7) Improvement in methods for collecting and 13 reporting data on minority health. 14 (8) Improvement in accessibility to health and 15 medical care for minority populations in under-served 16 rural and urban areas. 17 (9) Reduction of communication barriers for 18 non-English speaking residents. 19 (10) Coordination of the development and 20 dissemination of culturally appropriate and sensitive 21 education material, public awareness messages, and health 22 promotion programs for minorities. 23 (f) On or before January 1, 1997 the Advisory Panel 24 shall submit an interim report to the Governor and the 25 General Assembly. The interim report shall include an update 26 on the Advisory Panel's progress in performing its functions 27 under this Section and shall include recommendations, 28 including recommendations for any necessary legislative 29 changes. 30 On or before January 1, 1998 the Advisory Panel shall 31 submit a final report to the Governor and the General 32 Assembly. The final report shall include the following: 33 (1) An evaluation of the health status of 34 minorities in this State. HB0236 Engrossed -306- LRB9100031DJcdA 1 (2) An evaluation of minority access to health care 2 in this State. 3 (3) Recommendations for improving the health status 4 of minorities in this State. 5 (4) Recommendations for increasing minority access 6 to health care in this State. 7 (5) Recommendations for increasing minority 8 participation in the procurement policies of the health 9 care industry. 10 (6) Recommendations for increasing the number of 11 minority health professionals in this State. 12 (7) Recommendations that will ensure that the 13 health status of minorities in this State continues to be 14 addressed beyond the expiration of the Advisory Panel. 15 (Source: P.A. 89-298, eff. 1-1-96; 90-742, eff. 8-13-98.) 16 (20 ILCS 2310/2310-215 new) 17 (was 20 ILCS 2310/55.62) (from Ch. 127, par. 55.62) 18 Sec. 2310-215.55.62.Center for Minority Health 19 Services. 20 (a) The Department shall establish a Center for Minority 21 Health Services to advise the Department on matters 22 pertaining to the health needs of minority populations within 23 the State. 24 (b) The Center shall have the following duties: 25 (1) To assist in the assessment of the health needs 26 of minority populations in the State. 27 (2) To recommend treatment methods and programs 28 that are sensitive and relevant to the unique linguistic, 29 cultural, and ethnic characteristics of minority 30 populations. 31 (3) To provide consultation, technical assistance, 32 training programs, and reference materials to service 33 providers, organizations, and other agencies. HB0236 Engrossed -307- LRB9100031DJcdA 1 (4) To promote awareness of minority health 2 concerns, and encourage, promote, and aid in the 3 establishment of minority services. 4 (5) To disseminate information on available 5 minority services. 6 (6) To provide adequate and effective opportunities 7 for minority populations to express their views on 8 Departmental policy development and program 9 implementation. 10 (7) To coordinate with the Department on Aging and 11 the Department of Public Aid to coordinate services 12 designed to meet the needs of minority senior citizens. 13 (c) For the purpose of this Section, "minority" shall 14 mean and include any person or group of persons who are: 15 (1) African-American (a person having origins in 16 any of the black racial groups in Africa); 17 (2) Hispanic (a person of Spanish or Portuguese 18 culture with origins in Mexico, South or Central America, 19 or the Caribbean Islands, regardless of race); 20 (3) Asian American (a person having origins in any 21 of the original peoples of the Far East, Southeast Asia, 22 the Indian Subcontinent or the Pacific Islands); or 23 (4) American Indian or Alaskan Native (a person 24 having origins in any of the original peoples of North 25 America). 26 (Source: P.A. 87-633; 87-895; 88-254.) 27 (20 ILCS 2310/2310-220 new) 28 (was 20 ILCS 2310/55.73) 29 Sec. 2310-220.55.73.Findings; rural obstetrical care. 30 The General Assembly finds that substantial areas of rural 31 Illinois lack adequate access to obstetrical care. The 32 primary cause of this problem is the absence of qualified 33 practitioners who are willing to offer obstetrical services. HB0236 Engrossed -308- LRB9100031DJcdA 1 A significant barrier to recruiting and retaining those 2 practitioners is the high cost of professional liability 3 insurance for practitioners offering obstetrical care. 4 Therefore, the Department, from funds appropriated for 5 that purpose, shall award grants to physicians practicing 6 obstetrics in rural designated shortage areas, as defined in 7 Section 3.04 of the Family Practice Residency Act, for the 8 purpose of reimbursing those physicians for the costs of 9 obtaining malpractice insurance relating to obstetrical 10 services. The Department shall establish reasonable 11 conditions, standards, and duties relating to the application 12 for and receipt of the grants. 13 (Source: P.A. 88-206; 88-670, eff. 12-2-94.) 14 (20 ILCS 2310/2310-225 new) 15 (was 20 ILCS 2310/55.58) (from Ch. 127, par. 55.58) 16 Sec. 2310-225. Nurse incentive program for medically 17 underserved areas.55.58.The Department shall undertake a 18 study to determine what incentives might be necessary to 19 attract nurses to practice in medically underserved areas of 20 Illinois. Based on the research and experience of other 21 states and the private sector, a variety of incentive 22 programs should be examined for their feasibility and 23 possible development and implementation in Illinois. Based 24 upon the results of this study, the Department may implement 25 a nurse incentive program, subject to available 26 appropriations. 27 (Source: P.A. 86-1004.) 28 (20 ILCS 2310/2310-230 new) 29 (was 20 ILCS 2310/55.67) (from Ch. 127, par. 55.67) 30 Sec. 2310-230. Reevaluation of health manpower shortage 31 areas.55.67.TheIllinoisDepartmentof Public Healthshall 32 reevaluate the health manpower shortage areas after each HB0236 Engrossed -309- LRB9100031DJcdA 1 decennial census. 2 (Source: P.A. 87-487; 87-895.) 3 (20 ILCS 2310/2310-235 new) 4 (was 20 ILCS 2310/55.63) (from Ch. 127, par. 55.63) 5 Sec. 2310-235. Impact of trauma care closures.55.63.The 6 Department shall study the impact of trauma care closures on 7 delivery and access to emergency health care services. The 8 Department shall report its findings to the General Assembly 9 no later than June 1, 1992. 10 (Source: P.A. 87-633.) 11 (20 ILCS 2310/2310-250 new) 12 (was 20 ILCS 2310/55.13) (from Ch. 127, par. 55.13) 13 Sec. 2310-250. Distribution of vaccines and other 14 medicines and products.55.13.To acquire and distribute free 15 of charge for the benefit of citizens of the State upon 16 request by physicians licensed in Illinois to practice 17 medicine in all of its branches or by licensed hospitals in 18 the State diphtheria antitoxin, typhoid vaccine, smallpox 19 vaccine, poliomyelitis vaccine and other sera, vaccines, 20 prophylactics, and drugs thatsuch asare of recognized 21 efficiency in the diagnosis, prevention, and treatment of 22 diseases; also biological products, blood plasma, penicillin, 23 sulfonamides, andsuchother products and medicines thatas24 are of recognized therapeutic efficiency in the use of first 25 aid treatment in case of accidental injury or in the 26 prevention and treatment of diseases or conditions harmful to 27 health; provided that thosesuchdrugs shall be manufactured 28 only during thesuchperiod thatasthey are not made readily 29 available by private sources. These medications and biologics 30 may be distributed through public and private agencies or 31 individuals and firms designated by the Director as 32 authorized agencies for this purpose. HB0236 Engrossed -310- LRB9100031DJcdA 1 (Source: Laws 1963, p. 3222.) 2 (20 ILCS 2310/2310-255 new) 3 (was 20 ILCS 2310/55.75) 4 Sec. 2310-255.55.75.Immunization outreach programs 5Program. 6 (a) The Illinois General Assembly finds and declares the 7 following: 8 (1) There is a growing number of 2-year-old 9 children who have not received the necessary childhood 10 immunizations to prevent communicable diseases. 11 (2) The reasons these children do not receive 12 immunizations are many and varied. These reasons 13 include, but are not limited to, the following: 14 (A) Their parents live in poverty and do not 15 have access to insurance coverage for health care 16 and immunizations. 17 (B) Their parents come from non-English 18 speaking cultures where the importance of early 19 childhood immunizations has not been emphasized. 20 (C) Their parents do not receive adequate 21 referral to immunization programs or do not have 22 access to public immunization programs through other 23 public assistance services. 24 (3)(D)The percentage of fully immunized 25 African-American and Hispanic 2-year-old children is 26 significantly less than that for Whites. 27 (4)(E)The ages of concern that remain are infancy 28 and preschool, especially for those children at high risk 29 because of a medical condition or because of social and 30 environmental factors. 31 (5)(F)Ensuring protective levels of immunization 32 against communicable disease for these children is the 33 most historically proven cost-effective preventive HB0236 Engrossed -311- LRB9100031DJcdA 1 measure available to public health agencies. 2 (6)(3)It is the intent of the General Assembly to 3 establish an immunization outreach program to respond to 4 this problem. 5 (b) The Department,of Public Healthin cooperation with 6 county, multiple county, and municipal health departments, 7 may establish permanent, temporary, or mobile sites for 8 immunizing children or referring parents to other programs 9 that provide immunizations and comprehensive health services. 10 These sites may include, but are not limited to, the 11 following: 12 (1) Public places where parents of children at high 13 risk of remaining unimmunized reside, shop, worship, or 14 recreate. 15 (2) School grounds, either during regular hours, 16 evening hours, or on weekends. 17 (3) Places on or adjacent to sites of public or 18 community-based agencies or programs that either provide 19 or refer persons to public assistance programs or 20 services. 21 (c) Outreach programs shall, to the extent feasible, 22 include referral components intended to link immunized 23 children with available public or private primary care 24 providers to increase access to continuing pediatric care 25 including subsequent immunization services. 26 (d) The population to be targeted by the programs 27programshall include children who do not receive 28 immunizations through private third-party sources or other 29 public sources with priority given to infants and children 30 from birth up to age 3. Outreach programs shall provide 31 information to the families of children being immunized about 32 possible reactions to the vaccine and about follow-up 33 referral sources. 34 (Source: P.A. 88-493; 88-670, eff. 12-2-94.) HB0236 Engrossed -312- LRB9100031DJcdA 1 (20 ILCS 2310/2310-275 new) 2 (was 20 ILCS 2310/55.61) (from Ch. 127, par. 55.61) 3 Sec. 2310-275.55.61.Child health insurance plan study. 4 (a) The Department, in cooperation with the Department 5 of Insurance and the Department of Public Aid, shall 6 undertake a study to determine the feasibility of 7 establishing a child health insurance plan to provide primary 8 and preventive health care services for children. The study 9 shall provide an analysis of the types of health care 10 services and benefits needed, including, but not limited to, 11 well-child care, diagnosis and treatment of illness and 12 injury, prescription drugs, and laboratory services. The 13 study shall include an analysis of the cost of the plan and 14 possible sources of funding. The study shall include a 15 review of similar plans operating in other states. 16 (b) The Department shall file its report as provided in 17 Section 3.1 of the General Assembly Organization Act no later 18 than 6 months after January 1, 1992the effective date of19this amendatory Act of 1991. 20 (Source: P.A. 87-252.) 21 (20 ILCS 2310/2310-300 new) 22 (was 20 ILCS 2310/55.78) 23 Sec. 2310-300.55.78.Healthy Families initiative; child 24 abuse and neglect. 25 (a) The Departmentof Public Health, in cooperation with 26 the Department of Children and Family Services, the Illinois 27 Department of Public Aid, and other related State and 28 community agencies, shall convene a steering committee to 29 develop a plan to implement a Healthy Families statewide 30 initiative to prevent the occurrence of child abuse and 31 neglect and to promote positive child health and development. 32 The program shall be based on the Healthy Families America 33 model of a voluntary program to identify at-risk families who HB0236 Engrossed -313- LRB9100031DJcdA 1 are confronted with a significant number of elements that 2 could lead to child abuse and neglect and to offer help 3 before any incidence occurs. 4 (b) The goals of the Healthy Families Initiative shall 5 include the following: 6 (1) Strengthening family functioning. 7 (2) Enhancing child development. 8 (3) Promoting positive parenting. 9 (4) Enhancing parent-child interaction. 10 (5) Ensuring primary health care for all families. 11 (6) Ensuring appropriate use of health and 12 community resources in providing prevention services and 13 the promotion of positive child health and development. 14 (c) The steering committee may review similar programs 15 operating in other states. The Initiative must provide a 16 comprehensive, coordinated program of prevention services for 17 infants and young children through a voluntary home visitor 18 program for new parents and their children. The plan shall 19 utilize and may expand existing programs and services 20 currently operating in the State. Where there are no 21 existing services, the Department may authorize the 22 development of new local programs, which incorporate the 23 proven critical elements contained in the Healthy Families 24 America model. The programs shall include an evaluation 25 component. The Department is authorized to contract for the 26 study. The Department may provide, by grant or contract, 27 support to a statewide child abuse prevention organization 28 for the development and implementation of the Healthy 29 Families initiative and evaluation. Funds for the Healthy 30 Families initiative shall be sought from the federal 31 government and State human service code departments. Private 32 sponsorship may also be sought. 33 (d) The steering committee shall inventory State and 34 local resources providing relevant home visitation services HB0236 Engrossed -314- LRB9100031DJcdA 1 to families and evaluate how these resources may be included 2 in a statewide Healthy Families implementation plan. This 3 may result in renaming current programs and bringing them 4 into compliance with the requirements of the Healthy Families 5 America model to create a comprehensive statewide system that 6 can be effectively monitored and evaluated. 7 (e) The Department shall report to the Governor and 8 General Assembly on the Healthy Families initiative plan and 9 submit recommendations by January 1, 1995. 10 (Source: P.A. 88-614, eff. 9-7-94; 89-235, eff. 8-4-95.) 11 (20 ILCS 2310/2310-305 new) 12 (was 20 ILCS 2310/55.64) (from Ch. 127, par. 55.64) 13 Sec. 2310-305.55.64.Public information campaign; 14 brochure; shaken infant syndrome. 15 (a) The Departmentof Public Healthmay conduct an 16 information campaign for the general public concerning the 17 dangers of shaking infants and young children. The 18 information shall inform the public about the risks of 19 shaking children and ways to reduce the causes of shaking 20 children. 21 (b) The Department may prepare a brochure describing the 22 dangers of shaking infants and young children. The 23 description shall include information on the effects of 24 shaking children, appropriate ways to manage the causes for 25 shaking children, and discussion on how to reduce the risk of 26 shaking. The brochure shall be distributed free of charge to 27 the parents or guardians of each newborn upon discharge of 28 the infant from a hospital or other health facility. 29 (Source: P.A. 87-633; 87-895.) 30 (20 ILCS 2310/2310-310 new) 31 (was 20 ILCS 2310/55.79) 32 Sec. 2310-310.55.79.Spousal abuse study. The HB0236 Engrossed -315- LRB9100031DJcdA 1 Department shall conduct a study of spousal abuse. The study 2 shall include, but not be limited to, identification of 3 causes of spousal abuse and identification of specific age 4 groups affected by spousal abuse. On or before January 1, 5 1996, the Department shall report its findings to the 6 Governor and the General Assembly, together with its specific 7 recommendations for preventing spousal abuse and for a 8 program to be administered by the Department to assist 9 victims of spousal abuse. 10 (Source: P.A. 88-622, eff. 1-1-95; 89-235, eff. 8-4-95.) 11 (20 ILCS 2310/2310-315 new) 12 (was 20 ILCS 2310/55.41) (from Ch. 127, par. 55.41) 13 Sec. 2310-315. Prevention and treatment of AIDS.55.41.14 To perform the following in relation to the prevention and 15 treatment of acquired immunodeficiency syndrome (AIDS): 16 (1)(a)Establish a State AIDS Control Unit within the 17 Department as a separate administrative subdivision, to 18 coordinate all State programs and services relating to the 19 prevention, treatment, and amelioration of AIDS. 20 (2)(b)Conduct a public information campaign for 21 physicians, hospitals, health facilities, public health 22 departments, law enforcement personnel, public employees, 23 laboratories, and the general public on acquired 24 immunodeficiency syndrome (AIDS) andtopromote necessary 25 measures to reduce the incidence of AIDS and the mortality 26 from AIDS. This program shall include, but not be limited to, 27 the establishment of a statewide hotline and a State AIDS 28 information clearinghouse that will provide periodic reports 29 and releases to public officials, health professionals, 30 community service organizations, and the general public 31 regarding new developments or procedures concerning 32 prevention and treatment of AIDS. 33 (3)(c)Establish an AIDS Advisory Council consisting of HB0236 Engrossed -316- LRB9100031DJcdA 1 25 persons appointed by the Governor, including 2 representation from public and private agencies, 3 organizations, and facilities involved in AIDS research, 4 prevention, and treatment, which shall advise the Department 5 on the State AIDS Control Plan. The terms of the initial 6 appointments shall be staggered so that 13 members are 7 appointed for 2-year terms and 12 members are appointed for 8 4-year terms. All subsequent appointments shall be for 4-year 9 terms. Members shall serve without compensation, but may be 10 reimbursed for expenses incurred in relation to their duties 11 on the Council. A Chairman,andsuchother officers thatas12 may be considered necessary,shall be elected from among the 13 members. Any vacancy shall be filled for the term of the 14 original appointment. Members whose terms have expired may 15 continue to serve until their successors are appointed. 16 (4)(d)Establish alternative blood test services that 17 are not operated by a blood bank, plasma center or hospital. 18 The Department shall prescribe by rule minimum criteria, 19 standards and procedures for the establishment and operation 20 of such services, which shall include, but not be limited to 21 requirements for the provision of information, counseling and 22 referral services that ensure appropriate counseling and 23 referral for persons whose blood is tested and shows evidence 24 of exposure to the human immunodeficiency virus (HIV) or 25 other identified causative agent of acquired immunodeficiency 26 syndrome (AIDS). 27 (5)(e)Establish regional and community service 28 networks of public and private service providers or health 29 care professionals who may be involved in AIDS research, 30 prevention and treatment. 31 (6)(f)Provide grants to individuals, organizations or 32 facilities to support the following: 33 (A)(1)Information, referral, and treatment 34 services.;HB0236 Engrossed -317- LRB9100031DJcdA 1 (B)(2)Interdisciplinary workshops for 2 professionals involved in research and treatment.;3 (C)(3)Establishment and operation of a statewide 4 hotline.;5 (D)(4)Establishment and operation of alternative 6 testing services.;7 (E)(5)Research into detection, prevention, and 8 treatment.;9 (F)(6)Supplementation of other public and private 10 resources.;11 (G)(7)Implementation by long-term care facilities 12 of Department standards and procedures for the care and 13 treatment of persons with AIDS,and the development of 14 adequate numbers and types of placements for thosesuch15 persons. 16 (7)(g)Conduct a study and report to the Governor and 17 the General Assembly by July 1, 1988, on the public and 18 private costs of AIDS medical treatment, including the 19 availability and accessibility of inpatient, outpatient, 20 physician, and community support services. 21 (8)(h)Accept any gift, donation, bequest, or grant of 22 funds from private or public agencies, including federal 23 funds that may be provided for AIDS control efforts. 24 (9)(i)Develop and implement, in consultation with the 25 Long-Term Care Facility Advisory Board, standards and 26 procedures for long-term care facilities that provide care 27 and treatment of persons with AIDS, including appropriate 28 infection control procedures. The Department shall work 29 cooperatively with organizations representing thosesuch30 facilities to develop adequate numbers and types of 31 placements for persons with AIDS,and shall advise thosesuch32facilities on proper implementation of its standards and 33 procedures. 34 (10)(j)The Department shall create and administer a HB0236 Engrossed -318- LRB9100031DJcdA 1 training program for State employees who have a need for 2 understanding matters relating to AIDS in order to deal with 3 or advise the public. TheSuchtraining shall include 4 information on the cause and effects of AIDS, the means of 5 detecting it and preventing its transmission, the 6 availability of related counseling and referral, andsuch7 other matters thatasmay be appropriate. TheSuchtraining 8 may also be made available to employees of local governments, 9 public service agencies, and private agencies thatwhich10 contract with the State; in thosesuchcases the Department 11 may charge a reasonable fee to recover the cost of the 12 training. 13 (11)(k)Approve tests or testing procedures used in 14 determining exposure to HIV or any other identified causative 15 agent of AIDS. 16 (Source: P.A. 85-1209; 85-1248; 85-1440.) 17 (20 ILCS 2310/2310-320 new) 18 (was 20 ILCS 2310/55.56) (from Ch. 127, par. 55.56) 19 Sec. 2310-320. AIDS awareness programs and materials. 2055.56.21 (a) The Departmentof Public Healthshall include within 22 its AIDS awareness programs and materials, information 23 directed toward Hispanics, African Americans, and other 24 population groups in Illinois that are considered high risk 25 populations for AIDS and AIDS-related complex. TheSuch26 information shall inform high risk groups about the 27 transmission of the AIDS virus, the prevention of infection, 28 the treatment available for the disease, and how treatment 29 may be obtained. 30 (b) The Departmentof Public Healthshall include in its 31 AIDS campaign material information directed toward 32 African-Americans and Hispanics. This information shall 33 include educational videos, in English and in Spanish, HB0236 Engrossed -319- LRB9100031DJcdA 1 directed toward teenagers who are members of high risk 2 population groups. The Department shall seek the advice and 3 assistance of community-based organizations representing 4 these populations with respect to the most effective methods 5 to educate persons within these populations about AIDS. 6 (Source: P.A. 89-363, eff. 1-1-96.) 7 (20 ILCS 2310/2310-325 new) 8 (was 20 ILCS 2310/55.45) (from Ch. 127, par. 55.45) 9 Sec. 2310-325. Donors of semen for artificial 10 insemination; AIDS test; penalty.55.45.11 (a) The Department shall by rule require that all donors 12 of semen for purposes of artificial insemination be tested 13 for evidence of exposure to human immunodeficiency virus 14 (HIV) or any other identified causative agent of acquired 15 immunodeficiency syndrome (AIDS) prior to the semen being 16 made available for thatsuchuse. 17 (b) In performing the technique of human artificial 18 insemination in this State, no person shall intentionally, 19 knowingly, recklessly, or negligently use the semen of a 20 donor who has not been tested in accordance with subsection 21 (a), or the semen of a donor who has tested positive for 22 exposure to HIV or any other identified causative agent of 23 AIDS. Violation of this subsection (b) shall be a Class A 24 misdemeanor. 25 (Source: P.A. 85-1209.) 26 (20 ILCS 2310/2310-330 new) 27 (was 20 ILCS 2310/55.46) (from Ch. 127, par. 55.46) 28 Sec. 2310-330. Sperm and tissue bank registry; AIDS test 29 for donors; penalties.55.46.30 (a) The Department shall establish a registry of all 31 sperm banks and tissue banks operating in this State. All 32 sperm banks and tissue banks operating in this State shall HB0236 Engrossed -320- LRB9100031DJcdA 1 register with the Department by May 1 of each year. Any 2 person, hospital, clinic, corporation, partnership, or other 3 legal entity thatwhichoperates a sperm bank or tissue bank 4 in this State and fails to register with the Department 5 pursuant to this Section commits a business offense and shall 6 be subject to a fine of $5000. 7 (b) All donors of semen for purposes of artificial 8 insemination, or donors of corneas, bones, organs, or other 9 human tissue for the purpose of injecting, transfusing, or 10 transplanting any of them in the human body, shall be tested 11 for evidence of exposure to human immunodeficiency virus 12 (HIV) and any other identified causative agent of acquired 13 immunodeficiency syndrome (AIDS) at the time of or after the 14 donation,but prior to the semen, corneas, bones, organs, or 15 other human tissue being made available for thatsuchuse. 16 However, when in the opinion of the attending physician the 17 life of a recipient of a bone, organ, or other human tissue 18 donation would be jeopardized by delays caused by testing for 19 evidence of exposure to HIV and any other causative agent of 20 AIDS, testing shall not be required. 21 (c) No person may intentionally, knowingly, recklessly, 22 or negligently use the semen, corneas, bones, organs, or 23 other human tissue of a donor unless the requirements of 24 subsection (b) have been met. No person may intentionally, 25 knowingly, recklessly, or negligently use the semen, corneas, 26 bones, organs, or other human tissue of a donor who has 27 tested positive for exposure to HIV or any other identified 28 causative agent of AIDS. Violation of this subsection (c) 29 shall be a Class 4 felony. 30 (d) For the purposes of this Section, "human tissue" 31 shall not be construed to mean whole blood or its component 32 parts. 33 For the purposes of this Section, "tissue bank" means any 34 facility or program that is involved in procuring, HB0236 Engrossed -321- LRB9100031DJcdA 1 furnishing, donating, processing, or distributing corneas, 2 bones, organs, or other human tissue for the purpose of 3 injecting, transfusing, or transplanting any of them in the 4 human body. 5 (Source: P.A. 85-1209.) 6 (20 ILCS 2310/2310-335 new) 7 (was 20 ILCS 2310/55.43) (from Ch. 127, par. 55.43) 8 Sec. 2310-335. Alzheimer's disease; exchange of 9 information; autopsies.55.43.10 (a) The Departmentof Public Healthshall establish 11 policies, procedures, standards, and criteria for the 12 collection, maintenance, and exchange of confidential 13 personal and medical information necessary for the 14 identification and evaluation of victims of Alzheimer's 15 disease and related disorders,and for the conduct of 16 consultation, referral, and treatment through personal 17 physicians, primary Alzheimer's centers, and regional 18 Alzheimer's assistance centers provided for in the 19 Alzheimer's Disease Assistance Act, enacted by the 84th20General Assembly. TheseSuchrequirements shall include 21 procedures for obtaining the necessary consent of a patient 22 or guardian to the disclosure and exchange of thatsuch23 information among providers of servicesservicewithin an 24 Alzheimer's disease assistance network,and for the 25 maintenance of thesuchinformation in a centralized medical 26 information system administered by a regional Alzheimer's 27 center. Nothing in this Section requires disclosure or 28 exchange of information pertaining to confidential 29 communications between patients and therapists,or disclosure 30 or exchange of information contained within a therapist's 31 personal notes. 32 (b) Any person identified as a victim of Alzheimer's 33 disease or a related disorder under the Alzheimer's Disease HB0236 Engrossed -322- LRB9100031DJcdA 1 Assistance Act, enacted by the 84th General Assembly,shall 2 be provided information regarding the critical role that 3 autopsies play in the diagnosis and in the conduct of 4 research into the cause and cure of Alzheimer's disease and 5 related disorders. TheSuchperson, or the spouse or 6 guardian of thesuchperson, shall be encouraged to consent 7 to an autopsy upon the person'shisdeath. 8 The Departmentof Public Healthshall provide information 9 to medical examiners and coroners in this State regarding the 10 importance of autopsies in the diagnosis and in the conduct 11 of research into the causes and cure of Alzheimer's disease 12 and related disorders. The Department shall also arrange for 13 education and training programs that will enable medical 14 examiners and coroners to conduct autopsies necessary for a 15 proper diagnosis of Alzheimer's disease or related disorders 16 as the cause or a contributing factor to a death. 17 (Source: P.A. 84-1308.) 18 (20 ILCS 2310/2310-340 new) 19 (was 20 ILCS 2310/55.68) (from Ch. 127, par. 55.68) 20 Sec. 2310-340.55.68.Bone marrow donor education. From 21 funds made available by the General Assembly for the purpose 22 of bone marrow donor education, the Directorof Public Health23shall: 24 (1)(a)Educate residents of the State about (i) 25 the need for bone marrow donors; (ii) the procedures 26 required to become registered as a potential bone marrow 27 donor, including the procedures for determining the 28 person's tissue type; and (iii) the medical procedures a 29 donor must undergo to donate bone marrow and the 30 attendant risks of the procedure. 31 (2)(b)Make special efforts to educate and recruit 32 minority populations to volunteer as potential bone 33 marrow donors. Means of communication may include use of HB0236 Engrossed -323- LRB9100031DJcdA 1 press, radio, and television,and placement of 2 educational materials in appropriate health care 3 facilities, blood banks, and State and local agencies. 4 (3)(c)Conduct a bone marrow donor drive to 5 encourage State employees to volunteer to be potential 6 bone marrow donors. The drive shall include educational 7 materials and presentations that explain the need for 8 bone marrow donors,and the procedures for becoming 9 registered as a potential bone marrow donor. The 10 Director of Central Management Services shall provide 11 assistance as needed to organize and conduct the drive. 12 (4)(d)In conjunction with the Secretary of State, 13 make educational materials available at all places where 14 driver's licenses are issued or renewed. 15 (Source: P.A. 87-659; 87-895.) 16 (20 ILCS 2310/2310-345 new) 17 (was 20 ILCS 2310/55.49) (from Ch. 127, par. 55.49) 18 Sec. 2310-345. Breast cancer; written summary regarding 19 early detection and treatment.55.49.20 (a) From funds made available for this purpose, the 21 Departmentof Public Healthshall publish, in layman's 22 language, a standardized written summary outlining methods 23 for the early detection and diagnosis of breast cancer. The 24 summary shall include recommended guidelines for screening 25 and detection of breast cancer through the use of techniques 26 that shall include but not be limited to self-examination and 27 diagnostic radiology. 28 (b) The summary shall also suggest that women seek 29 mammography services from facilities that are certified to 30 perform mammography as required by the federal Mammography 31 Quality Standards Act of 1992. 32 (c) The summary shall also include the medically viable 33 alternative methods for the treatment of breast cancer, HB0236 Engrossed -324- LRB9100031DJcdA 1 including, but not limited to, hormonal, radiological, 2 chemotherapeutic, or surgical treatments,or combinations 3 thereof. The summary shall contain information on breast 4 reconstructive surgery, including, but not limited to, the 5 use of breast implants and their side effects. The summary 6 shall inform the patient of the advantages, disadvantages, 7 risks, and dangers of the various procedures. The summary 8 shall include (i) a statement that mammography is the most 9 accurate method for making an early detection of breast 10 cancer, however, no diagnostic tool is 100% effective and 11 (ii) instructions for instructions for performing breast 12 self-examination and a statement that it is important to 13 perform a breast self-examination monthly. 14 (d) In developing the summary, the Department shall 15 consult with the Advisory Board of Cancer Control, the 16 Illinois State Medical Society and consumer groups. The 17 summary shall be updated by the Department every 2 years. 18 (e) The summaries shall additionally be translated into 19 Spanish, and the Department shall conduct a public 20 information campaign to distribute the summaries to the 21 Hispanic women of this State in order to inform them of the 22 importance of early detection and mammograms. 23 (f) The Department shall distribute the summary to 24 hospitals, public health centers, and physicians who are 25 likely to perform or order diagnostic tests for breast 26 disease or treat breast cancer by surgical or other medical 27 methods. Those hospitals, public health centers, and 28 physicians shall make the summaries available to the public. 29 The Department shall also distribute the summaries to any 30 person, organization, or other interested parties upon 31 request. The summaries may be duplicated by any person, 32 provided thesuchcopies are identical to the current summary 33 prepared by the Department. 34 (g) The summary shall display, on the inside of its HB0236 Engrossed -325- LRB9100031DJcdA 1 cover, printed in capital letters, in bold face type, the 2 following paragraph: 3 "The information contained in this brochure regarding 4 recommendations for early detection and diagnosis of breast 5 disease and alternative breast disease treatments is only for 6 the purpose of assisting you, the patient, in understanding 7 the medical information and advice offered by your physician. 8 This brochure cannot serve as a substitute for the sound 9 professional advice of your physician. The availability of 10 this brochure or the information contained within is not 11 intended to alter, in any way, the existing physician-patient 12 relationship, nor the existing professional obligations of 13 your physician in the delivery of medical services to you, 14 the patient." 15 (h) The summary shall be updated when necessary. 16 (Source: P.A. 89-187, eff. 7-19-95.) 17 (20 ILCS 2310/2310-350 new) 18 (was 20 ILCS 2310/55.70) 19 Sec. 2310-350.55.70.Breast and Cervical Cancer Research 20 Fund. From funds appropriated from the Breast and Cervical 21 Cancer Research Fund, the Departmentof Public Healthshall 22 award grants to eligible physicians, hospitals, laboratories, 23 education institutions, and other organizations and persons 24 to enable organizations and persons to conduct research. For 25 the purposes of this Section, "research" includes, but is not 26 limited to, expenditures to develop and advance the 27 understanding, techniques, and modalities effective in early 28 detection, prevention, cure, screening, and treatment of 29 breast and cervical cancer and may include clinical trials. 30 Moneys received for the purposes of this Section, 31 including but not limited to income tax checkoff receipts and 32 gifts, grants, and awards from private foundations, nonprofit 33 organizations, other governmental entities, and persons shall HB0236 Engrossed -326- LRB9100031DJcdA 1 be deposited into the Breast and Cervical Cancer Research 2 Fund, which is hereby created as a special fund in the State 3 treasury. 4 The Departmentof Public Healthshall create an advisory 5 committee with members from, but not limited to, the Illinois 6 Chapter of the American Cancer Society, Y-Me, and the State 7 Board of Health for the purpose of awarding research grants 8 under this Section. Members of the advisory committee shall 9 not be eligible for any financial compensation or 10 reimbursement. 11 (Source: P.A. 88-85; 88-459; 88-670, eff. 12-2-94.) 12 (20 ILCS 2310/2310-352 new) 13 (was 20 ILCS 2310/55.86) 14 Sec. 2310-352.55.86.Children's Cancer Fund; grants. 15 From funds appropriated from the Children's Cancer Fund, a 16 special fund created in the State treasury, the Department of 17 Human Services shall make grants to public or private 18 entities in Illinois, including the Mitchell Ross Children's 19 Cancer Fund and the Cancer Wellness Center, for the purposes 20 of funding (i) research into causes, prevention, and 21 treatment of cancer in children and (ii) direct 22 community-based supportive services and programs that address 23 the psychological, emotional, and social needs of children 24 with cancer and their family members. 25 (Source: P.A. 90-171, eff. 7-23-97.) 26 (20 ILCS 2310/2310-355 new) 27 (was 20 ILCS 2310/55.23) (from Ch. 127, par. 55.23) 28 Sec. 2310-355. Cancer, heart disease, and other chronic 29 diseases.55.23.To promote necessary measures to reduce the 30 mortality from cancer, heart disease, and other chronic 31 diseases. 32 (Source: Laws 1951, p. 1512.) HB0236 Engrossed -327- LRB9100031DJcdA 1 (20 ILCS 2310/2310-360 new) 2 (was 20 ILCS 2310/55.80) 3 Sec. 2310-360.55.80.Division chief of dental health. 4 The Department shall select a division chief of dental health 5 who shall be a dentist licensed under the Illinois Dental 6 Practice Act. The division chief of dental health shall 7 plan, direct, and coordinate all dental public health 8 programs within the State of Illinois and shall integrate 9 dental public health programs with other local, State, and 10 national health programs; shall serve as the Department's 11 chief advisor on matters involving dental health; shall 12 maintain direction for monitoring and supervising the 13 statewide fluoridation program within Illinois; and shall 14 plan, implement, and evaluate all dental programs within the 15 Department. 16 (Source: P.A. 89-44, eff. 1-1-96; 89-626, eff. 8-9-96.) 17 (20 ILCS 2310/2310-365 new) 18 (was 20 ILCS 2310/55.31b) (from Ch. 127, par. 55.31b) 19 Sec. 2310-365. Health and Hazardous Substances Registry. 2055.31b.To require hospitals, laboratories, or other 21 facilities in the State to report each incidence of cancer 22 diagnosed by thosesuchhospitals, laboratories, or 23 facilities, along with any other information the Department 24 may require in order to develop a Health and Hazardous 25 Substances Registry pursuant to the Illinois Health and 26 Hazardous Substances Registry Act. 27 The Department shall promulgate rules and regulations as 28 are necessary to implement the provisions of this Section 29 pursuant to the Illinois Administrative Procedure Act. 30 (Source: P.A. 84-290.) 31 (20 ILCS 2310/2310-370 new) 32 (was 20 ILCS 2310/55.76) HB0236 Engrossed -328- LRB9100031DJcdA 1 Sec. 2310-370.55.76.Heart Disease Treatment and 2 Prevention Fund; grants. From funds appropriated from the 3 Heart Disease Treatment and Prevention Fund, a special fund 4 created in the State treasury, theIllinoisDepartmentof5Public Healthshall make grants to public and private 6 agencies for the purposes of funding (i) research into 7 causes, prevention, and treatment of heart disease and (ii) 8 public education relating to treatment and prevention of 9 heart disease with the State of Illinois. 10 (Source: P.A. 88-666, eff. 9-16-94; 89-235, eff. 8-4-95.) 11 (20 ILCS 2310/2310-375 new) 12 (was 20 ILCS 2310/55.36) (from Ch. 127, par. 55.36) 13 Sec. 2310-375. Hepatitis report.55.36.To report to 14 the General Assembly by March 1 of every odd-numbered year 15 regarding research development in preventing the transmission 16 of and isolating hepatitis viruses. TheSuchreport shall 17 include evaluations of better blood testing procedures prior 18 to the transfusion of blood, yearly comparisons of the 19 transmission rate and frequency of hepatitis viruses due to 20 the transfusion of blood, and summariessummarizationsof 21 research projects during each 2-year period. The filing of 22 one copy of the report with the Clerk of the House of 23 Representatives and one copy with the Secretary of the Senate 24 shall be deemed sufficient to comply with this Section. 25 (Source: P.A. 80-753.) 26 (20 ILCS 2310/2310-380 new) 27 (was 20 ILCS 2310/55.52) (from Ch. 127, par. 55.52) 28 Sec. 2310-380. Prenatal transmission of HIV infection. 2955.52.The Department shall develop and implement a public 30 education program to reduce the prenatal transmission of HIV 31 infection. The program shall be targeted toward population 32 groups whose behavior places them at the risk of HIV HB0236 Engrossed -329- LRB9100031DJcdA 1 infection. The program shall target women specifically, and 2 any materials included in the program shall be in English and 3 in Spanish. 4 (Source: P.A. 89-363, eff. 1-1-96.) 5 (20 ILCS 2310/2310-385 new) 6 (was 20 ILCS 2310/55.31a) (from Ch. 127, par. 55.31a) 7 Sec. 2310-385. Hospice care.55.31a.To provide 8 education and consultation in relation to hospice care. 9 As used in this Section, "hospice" means a program that 10 provides specialized care for terminally ill persons. 11 (Source: P.A. 81-1392.) 12 (20 ILCS 2310/2310-390 new) 13 (was 20 ILCS 2310/55.65) (from Ch. 127, par. 55.65) 14 Sec. 2310-390.55.65.Lyme disease. The Departmentof15Public Healthshall establish policies, procedures, 16 standards, and criteria for the collection, maintenance, and 17 exchange of medical information necessary for the 18 identification and evaluation of Lyme disease. The 19 Department shall include in its public health promotion 20 programs and materials the medical information about the 21 symptoms, causes, prevention, and treatment of Lyme disease 22 and how treatment may be obtained. 23 (Source: P.A. 87-295; 87-895.) 24 (20 ILCS 2310/2310-392 new) 25 (was 20 ILCS 2310/55.85) 26 Sec. 2310-392.55.85.Grants from the Mental Health 27 Research Fund. From funds appropriated from the Mental Health 28 Research Fund, the Department of Human Services shall award 29 grants to organizations in Illinois,for the purpose of 30 research of mental illness. 31 (Source: P.A. 90-171, eff. 7-23-97; 90-655, eff. 7-30-98.) HB0236 Engrossed -330- LRB9100031DJcdA 1 (20 ILCS 2310/2310-395 new) 2 (was 20 ILCS 2310/55.72) 3 Sec. 2310-395.55.72.Task Force on Organ 4 Transplantation. 5 (a) There is established within the Departmentof Public6Healtha Task Force on Organ Transplantation ("the Task 7 Force"). The Task Force shall have the following 21 members: 8 (1) The Directorof Public Health, ex officio, or 9 his or her designee. 10 (2) The Secretary of State, ex officio, or his or 11 her designee. 12 (3) Four members, appointed one each by the 13 President of the Senate, the Minority Leader of the 14 Senate, the Speaker of the House of Representatives, and 15 the Minority Leader of the House of Representatives. 16 (4) Fifteen members appointed by the Directorof17Public Healthas follows: 2 physicians (at least one of 18 whom shall have experience in organ transplantation); one 19 representative of medical schools; one representative of 20 hospitals; one representative of insurers or 21 self-insurers; one representative of an organization 22 devoted to organ donation or the coordination of organ 23 donations; one representative of an organization that 24 deals with tissue donation or the coordination of tissue 25 donations; one representative from the Illinois 26 Department of Public Aid; one representative from the 27 Illinois Eye Bank Community; one representative from the 28 Illinois Hospital and Health Systems Association; one 29 representative from the Illinois State Coroners 30 Association; one representative from the Illinois State 31 Medical Society; one representative from Mid-America 32 Transplantation Services; and 2 members of the general 33 public who are knowledgeable in areas of the Task Force's 34 work. HB0236 Engrossed -331- LRB9100031DJcdA 1 (b) The Task Force shall conduct a comprehensive 2 examination of the medical, legal, ethical, economic, and 3 social issues presented by human organ procurement and 4 transplantation. 5 (c) The Task Force shall report its findings and 6 recommendations to the Governor and the General Assembly on 7 or before January 1, of each year, and the Task Force's final 8 report shall be filed on or before January 1, 1999. The 9 report shall include, but need not be limited to, the 10 following: 11 (1) An assessment of public and private efforts to 12 procure human organs for transplantation and an 13 identification of factors that diminish the number of 14 organs available for transplantation. 15 (2) An assessment of problems in coordinating the 16 procurement of viable human organs and tissue including 17 skin and bones. 18 (3) Recommendations for the education and training 19 of health professionals, including physicians, nurses, 20 and hospital and emergency care personnel, with respect 21 to organ procurement. 22 (4) Recommendations for the education of the 23 general public, the clergy, law enforcement officers, 24 members of local fire departments, and other agencies and 25 individuals that may be instrumental in affecting organ 26 procurement. 27 (5) Recommendations for ensuringassuringequitable 28 access by patients to organ transplantation and for 29 ensuringassuringthe equitable allocation of donated 30 organs among transplant centers and among patients 31 medically qualified for an organ transplant. 32 (6) An identification of barriers to the donation 33 of organs to patients (with special emphasis on pediatric 34 patients), including an assessment of each of the HB0236 Engrossed -332- LRB9100031DJcdA 1 following: 2 (A) Barriers to the improved identification of 3 organ donors and their families and organ 4 recipients. 5 (B) The number of potential organ donors and 6 their geographical distribution. 7 (C) Current health care services provided for 8 patients who need organ transplantation and organ 9 procurement procedures, systems, and programs that 10 affect those patients. 11 (D) Cultural factors affecting the facility 12 with respect to the donation of the organs. 13 (E) Ethical and economic issues relating to 14 organ transplantation needed by chronically ill 15 patients. 16 (7) An analysis of the factors involved in 17 insurance reimbursement for transplant procedures by 18 private insurers and the public sector. 19 (8) An analysis of the manner in which organ 20 transplantation technology is diffused among and adopted 21 by qualified medical centers, including a specification 22 of the number and geographical distribution of qualified 23 medical centers using that technology and an assessment 24 of whether the number of centers using that technology is 25 sufficient or excessive and whether the public has 26 sufficient access to medical procedures using that 27 technology. 28 (9) Recommendations for legislative changes 29 necessary to make organ transplants more readily 30 available to Illinois citizens. 31 (d) The Director of Public Health shall review the 32 progress of the Task Force to determine the need for its 33 continuance, and the Director shall report this determination 34 to the Governor and the General Assembly on or before January HB0236 Engrossed -333- LRB9100031DJcdA 1 1, 1999. 2 (Source: P.A. 88-129; 88-670, eff. 12-2-94; 89-555, eff. 3 7-26-96.) 4 (20 ILCS 2310/2310-397 new) 5 (was 20 ILCS 2310/55.90) 6 Sec. 2310-397.55.90.Prostate and testicular cancer 7 awareness program. The Departmentof Public Health, subject 8 to appropriation or other available funding, shall conduct a 9 program to promote awareness and early detection of prostate 10 and testicular cancer. The program may include, but need not 11 be limited to: 12 (1) Dissemination of information regarding the 13 incidence of prostate and testicular cancer, the risk 14 factors associated with prostate and testicular cancer, 15 and the benefits of early detection and treatment.;16 (2) Promotion of information and counseling about 17 treatment options.; and18 (3) Promotion of referral services and screening 19 programs. 20 (Source: P.A. 90-599, eff. 1-1-99.) 21 (20 ILCS 2310/2310-400 new) 22 (was 20 ILCS 2310/55.83) 23 Sec. 2310-400.55.83.Sarcoidosis. The Departmentof24Public Healthshall make available, to the general public, 25 information on the disease known as sarcoidosis. The 26 information shall include symptoms and treatments of the 27 disease and the address for the Sarcoidosis Research Center. 28 (Source: P.A. 89-476, eff. 1-1-97.) 29 (20 ILCS 2310/2310-405 new) 30 (was 20 ILCS 2310/55.55) (from Ch. 127, par. 55.55) 31 Sec. 2310-405. Sexually transmitted diseases; inherited HB0236 Engrossed -334- LRB9100031DJcdA 1 metabolic diseases.55.55.The Departmentof Public Health2 shall prepare a brochure describing sexually transmitted 3 diseases (including, without limitation, acquired 4 immunodeficiency syndrome, or AIDS) and inherited metabolic 5 diseases (including, without limitation, hemophilia, sickle 6 cell anemia, and Tay-Sachs disease). The descriptions shall 7 include discussion of the ways in which the diseases are 8 transmitted and ways to avoid contacting the diseases. With 9 respect to inherited metabolic diseases, the brochure shall 10 include recommendations that persons who are susceptible to 11 contacting thosesuchdiseases obtain genetic counseling. The 12 brochure shall be distributed to each county clerk's office 13 in the State and to any other office where applications for a 14 marriage license are taken, to be distributed free of charge 15 to persons applying for a marriage license or others. 16 (Source: P.A. 86-884; 86-1028.) 17 (20 ILCS 2310/2310-410 new) 18 (was 20 ILCS 2310/55.42) (from Ch. 127, par. 55.42) 19 Sec. 2310-410. Sickle cell disease.55.42.To conduct a 20 public information campaign for physicians, hospitals, health 21 facilities, public health departments, and the general public 22 on sickle cell disease, methods of care, and treatment 23 modalities available; to identify and catalogue sickle cell 24 resources in this State for distribution and referral 25 purposes; and,to coordinate services with the established 26 programs, including State, federal, and voluntary groups. 27 (Source: P.A. 84-412.) 28 (20 ILCS 2310/2310-415 new) 29 (was 20 ILCS 2310/55.81) 30 Sec. 2310-415.55.81.Violent injury reporting. 31 (a) TheIllinoisDepartmentof Public Healthshall 32 require hospitals and other facilities in the State to HB0236 Engrossed -335- LRB9100031DJcdA 1 report, in a manner determined by rule, each injury allegedly 2 caused by a violent act. TheIllinoisDepartmentof Public3Healthshall coordinate this reporting with existing 4 reporting requirements such as trauma and head and neck 5 injury reporting to reduce duplication of reporting. All 6 information and data reported shall be confidential and 7 privileged in accordance with Part 21 of Article VIII of the 8 Code of Civil Procedure, except as provided in subsection 9 (b). 10 (b) TheIllinoisDepartmentof Public Healthshall 11 compile the reports required under subsection (a) and shall 12 determine the impact of violent acts on children. The 13 Department shall, using only data from which the identity of 14 an individual cannot be ascertained, reconstructed, or 15 verified and to which the identity of an individual cannot be 16 linked by a recipient of the data, report its findings to the 17 General Assembly by December 31, 1997, and every 2 years 18 thereafter. 19 (Source: P.A. 89-242, eff. 8-4-95; 89-626, eff. 8-9-96; 20 90-162, eff. 7-23-97.) 21 (20 ILCS 2310/2310-420 new) 22 (was 20 ILCS 2310/55.74) 23 Sec. 2310-420.55.74.Violence and homicide; injury 24 prevention. 25 (a) Utilizing existing resources, the Departmentof26Public Healthmay examine the impact of violence and homicide 27 on the public health and safety of Illinois residents, 28 especially children. Based on their findings, the Department 29 shall, if warranted, declare violence and homicide a public 30 health epidemic and recommend anti-violence and homicide 31 prevention programs to the Illinois General Assembly. 32 (b) The Section on Injury Prevention is created within 33 the Departmentof Public Health. The Section on Injury HB0236 Engrossed -336- LRB9100031DJcdA 1 Prevention is charged with coordination and expansion of 2 prevention and control activities related to intentional and 3 unintentional injuries. The duties of the Section on Injury 4 Prevention may include, but may not be limited to, the 5 following: 6 (1) To serve as a data coordinator and analysis 7 source of mortality and injury statistics for other State 8 agencies. 9 (2) To integrate an injury and violence prevention 10 focus within the Departmentof Public Health. 11 (3) To develop collaborative relationships with 12 other State agencies and private and community 13 organizations to establish programs promoting injury 14 prevention, awareness, and education to reduce 15 automobile, motorcycle, and bicycle injuries and 16 interpersonal violence, including homicide, child abuse, 17 youth violence, domestic violence, sexual assault, and 18 elderly abuse. 19 (4) To support the development of comprehensive 20 community-based injury and violence prevention 21 initiatives within municipalities of this State. 22 (5) To identify possible sources of funding to 23 establish and continue programs to promote prevention of 24 intentional and unintentional injuries. 25 (Source: P.A. 88-312; 88-622, eff. 1-1-95; 88-670, eff. 26 12-2-94.) 27 (20 ILCS 2310/2310-425 new) 28 (was 20 ILCS 2310/55.66) (from Ch. 127, par. 55.66) 29 Sec. 2310-425.55.66.Health care summary for women. 30 (a) From funds made available from the General Assembly 31 for this purpose, the Departmentof Public Healthshall 32 publish in plain language, in both an English and a Spanish 33 version, a pamphlet providing information regarding health HB0236 Engrossed -337- LRB9100031DJcdA 1 care for women which shall include the following: 2 (1) A summary of the various medical conditions, 3 including cancer, sexually transmitted diseases, 4 endometriosis, or other similar diseases or conditions 5 widely affecting women's reproductive health, that may 6 require a hysterectomy or other treatment. 7 (2) A summary of the recommended schedule and 8 indications for physical examinations, including,"pap 9 smears" or other tests designed to detect medical 10 conditions of the uterus and other reproductive organs. 11 (3) A summary of the widely accepted medical 12 treatments, including viable alternatives, that may be 13 prescribed for the medical conditions specified in 14 paragraph (1). 15 (b) In developing the summary the Department shall 16 consult with the Illinois State Medical Society and consumer 17 groups. The summary shall be updated by the Department every 18 2 years. 19 (c) The Department shall distribute the summary to 20 hospitals, public health centers, and physicians who are 21 likely to treat medical conditions described in paragraph (1) 22 of subsection (a). Those hospitals, public health centers, 23 and physicians shall make the summaries available to the 24 public. The Department shall also distribute the summaries to 25 any person, organization, or other interested parties upon 26 request. The summary may be duplicated by any person provided 27 thesuchcopies are identical to the current summary prepared 28 by the Department. 29 (d) The summary shall display on the inside of its 30 cover, printed in capital letters and bold face type, the 31 following paragraph: 32 "The information contained in this brochure is only for 33 the purpose of assisting you, the patient, in understanding 34 the medical information and advice offered by your physician. HB0236 Engrossed -338- LRB9100031DJcdA 1 This brochure cannot serve as a substitute for the sound 2 professional advice of your physician. The availability of 3 this brochure or the information contained within is not 4 intended to alter, in any way, the existing physician-patient 5 relationship, nor the existing professional obligations of 6 your physician in the delivery of medical services to you, 7 the patient." 8 (Source: P.A. 87-335; 87-895.) 9 (20 ILCS 2310/2310-430 new) 10 (was 20 ILCS 2310/55.69) (from Ch. 127, par. 55.69) 11 Sec. 2310-430.55.69.Women's health issues. 12 (a) The Departmentof Public Healthshall designate a 13 member of its staff to handle women's health issues not 14 currently or adequately addressed by the Department. 15 (b) The staff person's duties shall include, without 16 limitation: 17 (1) Assisting in the assessment of the health needs 18 of women in the State. 19 (2) Recommending treatment methods and programs 20 that are sensitive and relevant to the unique 21 characteristics of women. 22 (3) Promoting awareness of women's health concerns 23 and encouraging, promoting, and aiding in the 24 establishment of women's services. 25 (4) Providing adequate and effective opportunities 26 for women to express their views on Departmental policy 27 development and program implementation. 28 (Source: P.A. 87-983.) 29 (20 ILCS 2310/2310-435 new) 30 (was 20 ILCS 2310/55.44) (from Ch. 127, par. 55.44) 31 Sec. 2310-435. Smoking cessation program for WIC 32 participants.55.44.HB0236 Engrossed -339- LRB9100031DJcdA 1 (a) (Blank). 2 (b) (Blank). 3 (c) The Departmentof Public Health, in cooperation with 4 the Department of Human Services, shall maintain a smoking 5 cessation program for participants in the Women, Infants and 6 Children Nutrition Program. The program shall include, but 7 not be limited to, tobacco use screening, education on the 8 effects of tobacco use, and smoking cessation counseling and 9 referrals. 10 (Source: P.A. 89-507, eff. 7-1-97.) 11 (20 ILCS 2310/2310-440 new) 12 (was 20 ILCS 2310/55.54) (from Ch. 127, par. 55.54) 13 Sec. 2310-440. Pregnant women; medical consequences of 14 alcohol, drug, and tobacco use and abuse.55.54.The 15 Departmentof Public Healthshall, from funds appropriated 16 for thatsuchpurpose, conduct an ongoing, statewide 17 education program to inform pregnant women of the medical 18 consequences of alcohol, drug, and tobacco use and abuse. 19 (Source: P.A. 86-878; 86-1028.) 20 (20 ILCS 2310/2310-442 new) 21 (was 20 ILCS 2310/55.84) 22 Sec. 2310-442.55.84.Breast feeding; public information 23 campaign. The Departmentof Public Healthmay conduct an 24 information campaign for the general public to promote breast 25 feeding of infants by their mothers. The Department may 26 include the information in a brochure prepared under Section 27 2310-30555.64or in a brochure that shares other information 28 with the general public and is distributed free of charge. 29 If the Department includes the information required under 30 this Section in a brochure authorized or required under 31 another provision of law, the Department may continue to use 32 existing stocks of that brochure before adding the HB0236 Engrossed -340- LRB9100031DJcdA 1 information required under this Section but shall add that 2 information in the next printing of the brochure. The 3 information required under this Section may be distributed to 4 the parents or legal custodians of each newborn upon 5 discharge of the infant from a hospital or other health care 6 facility. 7 (Source: P.A. 90-244, eff. 1-1-98; 90-655, eff. 7-30-98.) 8 (20 ILCS 2310/2310-445 new) 9 (was 20 ILCS 2310/55.71) 10 Sec. 2310-445.55.71.Interagency council on health care 11 for pregnant women and infants. 12 (a) On or before January 1, 1994, the Director,of13Public Healthin cooperation with the Director of Public Aid, 14 the Director of Children and Family Services, the Director of 15 Alcoholism and Substance Abuse, and the Director of Insurance 16 , shall develop and submit to the Governor a proposal for 17 consolidating all existing health programs required by law 18 for pregnant women and infants into one comprehensive plan to 19 be implemented by one or several agencies. The proposal 20 shall: 21 (1) include a time schedule for implementing the 22 plan; 23 (2) provide a cost estimate of the plan; 24 (3) identify federal waivers necessary to implement 25 the plan; 26 (4) examine innovative programs; and 27 (5) identify sources of funding for the plan. 28 (b) The plan developed under subsection (a) shall 29 provide the following services statewide: 30 (1) Comprehensive prenatal services for all 31 pregnant women who qualify for existing programs through 32 the Department of Public Aid or the Department of Public 33 Health or any other government-funded programs.;HB0236 Engrossed -341- LRB9100031DJcdA 1 (2) Comprehensive medical care for all infants 2 under 1 year of age.;3 (3) A case management system under which each 4 family with a child under the plan is assigned a case 5 manager and under which every reasonable effort is made 6 to assure continuity of case management and access to 7 other appropriate social services.; and8 (4) Services regardless of and fees for services 9 based on clients' ability to pay. 10 (Source: P.A. 88-312.) 11 (20 ILCS 2310/2310-500 new) 12 (was 20 ILCS 2310/55.07) (from Ch. 127, par. 55.07) 13 Sec. 2310-500. Sanitary investigations.55.07.To make 14suchsanitary investigations thatasit may, from time to 15 time, deem necessary for the preservation and improvement of 16 health. 17 (Source: Laws 1951, p. 1512.) 18 (20 ILCS 2310/2310-505 new) 19 (was 20 ILCS 2310/55.08) (from Ch. 127, par. 55.08) 20 Sec. 2310-505. Nuisances; questions affecting security 21 of life and health.55.08.To make examinations into 22 nuisances and questions affecting the security of life and 23 health in any locality in the State. 24 (Source: Laws 1951, p. 1512.) 25 (20 ILCS 2310/2310-510 new) 26 (was 20 ILCS 2310/55.15) (from Ch. 127, par. 55.15) 27 Sec. 2310-510. Investigations for preservation and 28 improvement of health.55.15.To make investigations and 29 inquiries with respect to the causes of disease and death;,30andto investigate the effect of environment, including 31 conditions of employment and other conditions thatwhichmay HB0236 Engrossed -342- LRB9100031DJcdA 1 affect health;,and to makesuchother investigations thatas2it may deem necessary for the preservation and improvement 3 of health. 4 (Source: Laws 1951, p. 1512.) 5 (20 ILCS 2310/2310-530 new) 6 (was 20 ILCS 2310/55.04) (from Ch. 127, par. 55.04) 7 Sec. 2310-530. Recreational, migrant labor, and other 8 camps.55.04.To inspect recreational, tourist, migrant 9 labor, and automobile trailer camps and to prepare and 10 enforce rules and regulations governing their construction 11 and operations to the end that they will be constructed and 12 maintained in a sanitary manner. 13 (Source: Laws 1961, p. 3894.) 14 (20 ILCS 2310/2310-535 new) 15 (was 20 ILCS 2310/55.21) (from Ch. 127, par. 55.21) 16 Sec. 2310-535. Public hospitals, sanitaria, and other 17 institutions.55.21.To inspect, from time to time, all 18 hospitals, sanitaria, and other institutions conducted by 19 county, city, village, or township authorities and to report 20 as to the sanitary conditions and needs of thosesuch21 hospitals, sanitaria, and institutions to the official 22 authority having jurisdiction over them. 23 (Source: Laws 1951, p. 1512.) 24 (20 ILCS 2310/2310-540 new) 25 (was 20 ILCS 2310/55.31) (from Ch. 127, par. 55.31) 26 Sec. 2310-540. General hospitals; minimum standards for 27 operation; uterine cytologic examinations for cancer.55.31.28 To establish and enforce minimum standards for the operation 29 of all general hospitals. The, whichstandards shall include 30 the requirement that every hospital licensed by the State of 31 Illinois shall offer a uterine cytologic examination for HB0236 Engrossed -343- LRB9100031DJcdA 1 cancer to every female in-patient 20 years of age or over 2 unless considered contra-indicated by the attending physician 3 or unless it has been performed within the previous year. 4 Every woman for whom the test is applicable shallwillhave 5 the right to refuse thesuchtest on the counsel of the 6 attending physician or on her own judgment. The hospital 7 shallwillin all cases maintain records to show either the 8 results of the test or that the test was not applicable or 9 that it was refused. 10 (Source: P.A. 78-292.) 11 (20 ILCS 2310/2310-545 new) 12 (was 20 ILCS 2310/55.20) (from Ch. 127, par. 55.20) 13 Sec. 2310-545. Charitable, penal, and reformatory 14 institutions; normal schools.55.20.To make sanitary, health 15 , and other inspections and examinations for the charitable, 16 penal, and reformatory institutions and the normal schools. 17 (Source: Laws 1951, p. 1512.) 18 (20 ILCS 2310/2310-550 new) 19 (was 20 ILCS 2310/55.40) (from Ch. 127, par. 55.40) 20 Sec. 2310-550. Long-term care facilities.55.40.The 21 Department may perform in all long-term care facilities, as 22 defined in the Nursing Home Care Act, allsuchinspection, 23 evaluation, certification, and inspection of care duties that 24asthe federal government may require the State of Illinois 25 to perform or have performed as a condition of participation 26 in any programs under Title XVIII or Title XIX of the federal 27 Social Security Act. 28 (Source: P.A. 86-820.) 29 (20 ILCS 2310/2310-555 new) 30 (was 20 ILCS 2310/55.06) (from Ch. 127, par. 55.06) 31 Sec. 2310-555. Public swimming pools; bathing places. HB0236 Engrossed -344- LRB9100031DJcdA 155.06.To examine artificially constructed public swimming 2 pools and prepare and enforce rules and regulations governing 3 their construction, operation, and use to the end that they 4 will be constructed and maintained in a sanitary manner; to 5 inspect natural and semi-natural bathing places to determine 6 conformance with Department's recommendation for operation 7 and maintenance of thosesuchareas, and to have the 8 authority to require closing of any area when thatsuch9 action is considered necessary to prevent possible spread of 10 infection or disease. 11 (Source: Laws 1957, p. 2448.) 12 (20 ILCS 2310/2310-560 new) 13 (was 20 ILCS 2310/55.87) 14 Sec. 2310-560.55.87.Advisory committee concerning 15 construction of facilities. The Directorof Public Health16 shall appoint an advisory committee. Thewhichcommittee 17 shall be established by the Department by rule. The Director 18 and the Department shall consult with the advisory committee 19 concerning the application of building codes and Department 20 rules related to those building codes to facilities under the 21 Ambulatory Surgical Treatment Center Act, the Nursing Home 22 Care Act, and the Hospital Licensing Act. 23 (Source: P.A. 90-327, eff. 8-8-97; 90-655, eff. 7-30-98.) 24 (20 ILCS 2310/2310-565 new) 25 (was 20 ILCS 2310/55.88) 26 Sec. 2310-565.55.88.Facility construction training 27 program. The Department shall conduct, at least annually, a 28 joint in-service training program for architects, engineers, 29 interior designers, and other persons involved in the 30 construction of a facility under the Ambulatory Surgical 31 Treatment Center Act, the Nursing Home Care Act, or the 32 Hospital Licensing Act on problems and issues relating to the HB0236 Engrossed -345- LRB9100031DJcdA 1 construction of facilities under any of those Acts. 2 (Source: P.A. 90-327, eff. 8-8-97; 90-655, eff. 7-30-98.) 3 (20 ILCS 2310/2310-575 new) 4 (was 20 ILCS 2310/55.10) (from Ch. 127, par. 55.10) 5 Sec. 2310-575. Laboratories and blood banks; minimum 6 standards and examinations.55.10.To establish and enforce 7 minimum standards for the operation of laboratories, 8 including clinical laboratories and blood banks, making 9 examinations in connection with the diagnosis of disease or 10 tests for the evaluation of health hazards. 11 (Source: Laws 1965, p. 3238.) 12 (20 ILCS 2310/2310-580 new) 13 (was 20 ILCS 2310/55.11) (from Ch. 127, par. 55.11) 14 Sec. 2310-580. Certificate of competency to make 15 laboratory tests.55.11.To issue certificates of competency 16 to persons and laboratories making laboratory tests in 17 connection with the diagnosis of disease or for the 18 evaluation of health hazards and to prepare and enforce rules 19 and regulations relative to the issuance and use of such 20 certificates. 21 (Source: Laws 1965, p. 3238.) 22 (20 ILCS 2505/Art. 2505 heading new) 23 ARTICLE 2505. DEPARTMENT OF REVENUE 24 (20 ILCS 2505/2505-1 new) 25 Sec. 2505-1. Article short title. This Article 2505 of 26 the Civil Administrative Code of Illinois may be cited as the 27 Department of Revenue Law. 28 (20 ILCS 2505/2505-5 new) 29 Sec. 2505-5. Definitions. In this Law: HB0236 Engrossed -346- LRB9100031DJcdA 1 "Department" means the Department of Revenue. 2 "Director" means the Director of Revenue. 3 (20 ILCS 2505/2505-10 new) 4 (was 20 ILCS 2505/39b) (from Ch. 127, par. 39b) 5 Sec. 2505-10. Powers, generally.39b.The Departmentof6Revenuehas the powers enumerated in the following Sections 739b1 to 39b50 each inclusive. 8 (Source: P.A. 86-610.) 9 (20 ILCS 2505/2505-15 new) 10 (was 20 ILCS 2505/39b1) (from Ch. 127, par. 39b1) 11 Sec. 2505-15. Municipal retailers' occupation and service 12 occupation taxes. The Department has the power39b1.to 13 administer and enforce all ordinances and resolutions of 14 municipalities imposing a retailers' occupation tax or a 15 service occupation tax as authorized by Sections 8-11-1 and 16 8-11-5, respectively, of the"Illinois Municipal Code",17approved May 29, 1961, as amended. 18 (Source: Laws 1965, p. 175.) 19 (20 ILCS 2505/2505-20 new) 20 (was 20 ILCS 2505/39b2) (from Ch. 127, par. 39b2) 21 Sec. 2505-20. Motor Fuel Tax Law; Environmental Impact 22 Fee Law; fuel tax agreements and programs.39b2.23 (a) The Department has the power to administer and 24 enforce the rights, powers and duties contained in the Motor 25 Fuel Tax Law that, approved March 25, 1929, as amended, which26relate to the collection of revenues and to succeed to the 27 rights, powers, and duties previously exercised by the 28 Department of Finance in connection therewith; and to 29 administer and enforce all the rights, powers, and duties 30 that relate to the collection of fees under the Environmental 31 Impact Fee Law. HB0236 Engrossed -347- LRB9100031DJcdA 1 (b) The Departmentof Revenueis authorized to receive 2 federal funds provided for the purpose of facilitating 3 participation in the International Fuel Tax Agreement, 4 International Registration Plan, and other State fuel tax 5 agreements and programs relating to uniform motor fuel 6 taxation and compliance. Those funds shall be deposited in 7 the Motor Fuel Tax Fund and will be available to the 8 Department pursuant to appropriation for its administrative 9 expenses including technical assistance, personnel training, 10 travel costs, and technology and equipment associated with 11 thatsuchparticipation. ThoseSuchfunds deposited in the 12 Motor Fuel Tax Fund shall not be distributed or allocated as 13 provided in the Motor Fuel Tax Law, but shall be reserved for 14 use by the Department. 15 (Source: P.A. 89-428, eff. 1-1-96; 89-457, eff. 5-22-96.) 16 (20 ILCS 2505/2505-25 new) 17 (was 20 ILCS 2505/39b3) (from Ch. 127, par. 39b3) 18 Sec. 2505-25. Retailers' Occupation Tax Act. The 19 Department has the power39b3.to administer and enforce all 20 the rights, powers, and duties contained in the Retailers' 21 Occupation Tax Act, approved June 28, 1933, as amended,to 22 collect all revenues thereunder and to succeed to all the 23 rights, powers, and duties previously exercised by the 24 Department of Finance in connection therewith. 25 (Source: Laws 1953, p. 1439.) 26 (20 ILCS 2505/2505-30 new) 27 (was 20 ILCS 2505/39b4) (from Ch. 127, par. 39b4) 28 Sec. 2505-30. Cigarette Tax Act. The Department has the 29 power39b4.to administer and enforce all the rights, powers, 30 and duties contained in the Cigarette Tax Act, approved June312, 1941, as amended,to collect all revenues thereunder and 32 to succeed to all the rights, powers, and duties previously HB0236 Engrossed -348- LRB9100031DJcdA 1 exercised by the Department of Finance in connection 2 therewith. 3 (Source: Laws 1953, p. 1439.) 4 (20 ILCS 2505/2505-35 new) 5 (was 20 ILCS 2505/39b5) (from Ch. 127, par. 39b5) 6 Sec. 2505-35. Public Utilities Revenue Act. The 7 Department has the power39b5.to administer and enforce all 8 the rights, powers, and duties contained in the Public 9 Utilities Revenue Act, approved March 11, 1937, as amended,10 to collect all revenues thereunder and to succeed to all the 11 rights, powers, and duties previously exercised by the 12 Department of Finance in connection therewith. 13 (Source: Laws 1953, p. 1439.) 14 (20 ILCS 2505/2505-40 new) 15 (was 20 ILCS 2505/39b6) (from Ch. 127, par. 39b6) 16 Sec. 2505-40. Liquor Control Act of 1934. The Department 17 has the power39b6.to administer and enforce all the rights, 18 powers, and duties contained in Articles VII-A and VIII of 19 the Liquor Control Act of 1934"An Act relating to alcoholic20liquor", approved January 31, 1934, as amended, to collect 21 all revenues thereunder and to succeed to all the rights, 22 powers, and duties previously exercised by the Department of 23 Finance in connection therewith. 24 (Source: Laws 1953, p. 1439.) 25 (20 ILCS 2505/2505-45 new) 26 (was 20 ILCS 2505/39b7) (from Ch. 127, par. 39b7) 27 Sec. 2505-45. Oil Inspection Act. The Department has the 28 power39b7.to exercise the rights, powers, and duties 29 previously vested in the Department of Finance and its 30 predecessors by the Oil Inspection Act, approved June 26,311929, as amended. HB0236 Engrossed -349- LRB9100031DJcdA 1 (Source: Laws 1953, p. 1439.) 2 (20 ILCS 2505/2505-60 new) 3 (was 20 ILCS 2505/39b10) (from Ch. 127, par. 39b10) 4 Sec. 2505-60. Statistical records of taxes collected. The 5 Department has the power39b10.to maintain and preserve 6 adequate statistical records of taxes collected under each of 7 theforegoinglaws set forth in the Sections following 8 Section 2505-10 and preceding this Section and to make those 9suchrecords available to the public. 10 (Source: Laws 1953, p. 1439.) 11 (20 ILCS 2505/2505-65 new) 12 (was 20 ILCS 2505/39b12) (from Ch. 127, par. 39b12) 13 Sec. 2505-65.39b12.Exchange of information. 14 (a) The Department has the power to exchange with any 15 state, with anyorlocal subdivisions of any statethereof, 16 or with the federal government, except when specifically 17 prohibited by law, any information thatwhichmay be 18 necessary to efficient tax administration and thatwhichmay 19 be acquired as a result of the administration of theabove20 laws set forth in the Sections following Section 95-10 and 21 preceding Section 2505-60. 22 (b) The Department has the power to exchange with the 23 Illinois Department of Public Aid information that may be 24 necessary for the enforcement of child support orders entered 25 pursuant to the Illinois Public Aid Code, the Illinois 26 Marriage and Dissolution of Marriage Act, the Non-Support of 27 Spouse and Children Act, the Revised Uniform Reciprocal 28 Enforcement of Support Act, the Uniform Interstate Family 29 Support Act, or the Illinois Parentage Act of 1984. 30 Notwithstanding any provisions in this Code to the contrary, 31 the Department of Revenue shall not be liable to any person 32 for any disclosure of information to the Illinois Department HB0236 Engrossed -350- LRB9100031DJcdA 1 of Public Aid under this subsection (b) or for any other 2 action taken in good faith to comply with the requirements of 3 this subsection (b). 4 (Source: P.A. 90-18, eff. 7-1-97.) 5 (20 ILCS 2505/2505-70 new) 6 (was 20 ILCS 2505/39b24) (from Ch. 127, par. 39b24) 7 Sec. 2505-70. Messages Tax Act; Gas Revenue Tax Act. The 8 Department has the power39b24.to exercise all the rights, 9 powers, and duties vested in thesaidDepartment by the 10 Messages Tax Act, approved July 24, 1945,and the Gas Revenue 11 Tax Act, approved July 24, 1945. 12 (Source: Laws 1953, p. 1439.) 13 (20 ILCS 2505/2505-80 new) 14 (was 20 ILCS 2505/39b26) (from Ch. 127, par. 39b26) 15 Sec. 2505-80. Cigarette Use Tax Act. The Department has 16 the power39b26.to exercise all the rights, powers, and 17 duties vested in thesaidDepartment by the"Cigarette Use 18 Tax Act", approved July 11, 1951, as amended. 19 (Source: Laws 1965, p. 175.) 20 (20 ILCS 2505/2505-85 new) 21 (was 20 ILCS 2505/39b27) (from Ch. 127, par. 39b27) 22 Sec. 2505-85. Hotel Operators' Occupation Tax Act. The 23 Department has the power39b27.to exercise all the rights, 24 powers, and duties vested in thesaidDepartment by"the 25 Hotel Operators' Occupation Tax Act", approved July 6, 1961,26as amended. 27 (Source: Laws 1965, p. 175.) 28 (20 ILCS 2505/2505-90 new) 29 (was 20 ILCS 2505/39b28) (from Ch. 127, par. 39b28) 30 Sec. 2505-90. Use Tax Act. The Department has the power HB0236 Engrossed -351- LRB9100031DJcdA 139b28.to exercise all the rights, powers, and duties vested 2 in thesaidDepartment by the"Use Tax Act", approved July314, 1955, as amended. 4 (Source: Laws 1965, p. 175.) 5 (20 ILCS 2505/2505-95 new) 6 (was 20 ILCS 2505/39b29) (from Ch. 127, par. 39b29) 7 Sec. 2505-95. County retailers' occupation and service 8 occupation taxes. The Department has the power39b29.to 9 administer and enforce all ordinances and resolutions of 10 counties imposing a retailers' occupation tax or a service 11 occupation tax authorized by Sections 25.05-2 and 25.05-3, 12 respectively, of "An Act to revise the law in relation to 13 counties", approved March 31, 1874 (repealed), as amended. 14 (Source: Laws 1965, p. 175.) 15 (20 ILCS 2505/2505-100 new) 16 (was 20 ILCS 2505/39b30) (from Ch. 127, par. 39b30) 17 Sec. 2505-100. Service Occupation Tax Act; Service Use 18 Tax Act. The Department has the power39b30.to exercise all 19 the rights, powers, and duties vested in thesaidDepartment 20 by the"Service Occupation Tax Act", approved July 10, 1961,21as amended,and the"Service Use Tax Act", approved July 10,221961, as amended. 23 (Source: Laws 1965, p. 175.) 24 (20 ILCS 2505/2505-105 new) 25 (was 20 ILCS 2505/39b31) (from Ch. 127, par. 39b31) 26 Sec. 2505-105. Coin-Operated Amusement Device and 27 Redemption Machine Tax Act. The Department has the power 2839b31.to exercise all the rights, powers, and duties vested 29 in the Department by the Coin-Operated Amusement Device and 30 Redemption Machine Tax Act. 31 (Source: P.A. 87-895.) HB0236 Engrossed -352- LRB9100031DJcdA 1 (20 ILCS 2505/2505-175 new) 2 (was 20 ILCS 2505/39c-2) (from Ch. 127, par. 39c-2) 3 Sec. 2505-175. Business in interstate commerce; 4 restricted application of tax statutes.39c-2.It is the 5 intent of the General Assembly that provisions in any 6 Illinois tax statute that restrict application of the statute 7 by stating substantially as follows: 8"such taxes are not imposed with respect to any business 9 in interstate commerce, or otherwise to the extent to 10 which such business may not, under the Constitution and 11 statutes of the United States, be made the subject of 12 taxation by this State"13 shall be construed to preclude taxation of only businesses 14 not subject to taxation under the latest interpretation of 15 the United States Constitution and statutes of the United 16 States. 17 (Source: P.A. 87-205.) 18 (20 ILCS 2505/2505-190 new) 19 (was 20 ILCS 2505/39c-4) (from Ch. 127, par. 39c-4) 20 Sec. 2505-190. Tax Compliance and Administration Fund. 2139c-4.Amounts deposited into the Tax Compliance and 22 Administration Fund, a special fund in the State treasury 23 that is hereby created, must be appropriated to the 24 Departmentof Revenueto reimburse the Department for its 25 costs of collecting, administering, and enforcing the tax 26 laws that provide for deposits into the Fund. 27 (Source: P.A. 87-879; 88-45.) 28 (20 ILCS 2505/2505-200 new) 29 (was 20 ILCS 2505/39c-1a) 30 Sec. 2505-200.39c-1a.Electronic filing rules. The 31 Departmentof Revenuemay adopt rules to authorize the 32 electronic filing of any return or document required to be HB0236 Engrossed -353- LRB9100031DJcdA 1 filed under any Act administered by the Department. In the 2 case of an electronically filed return or other document 3 required to be filed with the Department or maintained by any 4 taxpayer, these rules may set forth standards that provide 5 for acceptance of a signature in a form other than in the 6 proper handwriting of the person. 7 (Source: P.A. 88-480; 88-672, eff. 12-14-94.) 8 (20 ILCS 2505/2505-205 new) 9 (was 20 ILCS 2505/39c-1b) 10 Sec. 2505-205.39c-1b.Return by facsimile. Consistent 11 with rules adopted by the Departmentof Revenue, a person may 12 transmit, by facsimile, any return or document required to be 13 filed with the Department under any Act administered by the 14 Department. A signature on a return or other document filed 15 in accordance with regulations promulgated by the Department 16 and transmitted by facsimile is prima facie evidence for all 17 purposes that the document was actually signed by the person 18 whose signature appears on the facsimile. 19 (Source: P.A. 88-480.) 20 (20 ILCS 2505/2505-210 new) 21 (was 20 ILCS 2505/39c-1) (from Ch. 127, par. 39c-1) 22 Sec. 2505-210. Electronic funds transfer.39c-1.The 23 Departmentof Revenuemay provide means by which persons 24 having a tax liability under any Act administered by the 25 Department may use electronic funds transfer to pay thesuch26 tax liability. 27 (Source: P.A. 87-205.) 28 (20 ILCS 2505/2505-215 new) 29 (was 20 ILCS 2505/39c-3) (from Ch. 127, par. 39c-3) 30 Sec. 2505-215. Installment agreements; guaranteed 31 remittance or automated clearing house debit payments. HB0236 Engrossed -354- LRB9100031DJcdA 139c-3.Any taxpayer who has entered into an installment 2 agreement for payment of a tax liability and who, during any 3 12-month period, has issued or delivered 3 or more checks or 4 other orders for payment that have been dishonored may be 5 required by the Departmentof Revenueto make future payments 6 by guaranteed remittance or to authorize automated clearing 7 house debit payments. 8 (Source: P.A. 87-879.) 9 (20 ILCS 2505/2505-250 new) 10 (was 20 ILCS 2505/39c) (from Ch. 127, par. 39c) 11 Sec. 2505-250. Compromising debts due to the State.39c.12 Under no circumstances shall any officer or employee of the 13 Departmentof Revenuecompromise any debt due to this State, 14 except in case of actions of the Director after review by the 15 board of appeals provided for by Section 95-50539b20. 16 However, claims or accounts receivable of less than $1,000 17 may be written off the Department's records and cancelled by 18 the Department without complying with the provisions of 19 Section 2 of the Uncollected State Claims Act"An Act in20relation to uncollected claims and accounts receivable of21State agencies", approved May 15, 1961,when the Department 22 determines that the cost of collecting thesuchclaim or 23 account would exceed the amount to be collected. The 24 Department shall submit to the Comptroller a list of all such 25 claims or accounts written off the Department's records. 26 (Source: P.A. 84-1344.) 27 (20 ILCS 2505/2505-275 new) 28 (was 20 ILCS 2505/39e) (from Ch. 127, par. 39e) 29 Sec. 2505-275. Tax overpayments.39e.In the case of 30 overpayment of any tax liability arising from an Act 31 administered by the Department, the Department may credit the 32 amount of the overpayment and any interest thereon against HB0236 Engrossed -355- LRB9100031DJcdA 1 any final tax liability arising under that or any other Act 2 administered by the Department. 3 (Source: P.A. 83-1416.) 4 (20 ILCS 2505/2505-300 new) 5 (was 20 ILCS 2505/39b15) (from Ch. 127, par. 39b15) 6 Sec. 2505-300. Failure or neglect to comply with tax 7 laws. The Department has the power39b15.to request the 8 institution of proceedings, actions, and prosecutions to 9 enforce the laws relating to the penalties, liabilities, and 10 punishment of public officers, persons or officers or agents 11 or corporations for failure or neglect to comply with the 12 provisions of any law administered by the Department. 13 (Source: Laws 1953, p. 1439.) 14 (20 ILCS 2505/2505-305 new) 15 (was 20 ILCS 2505/39b15.1) (from Ch. 127, par. 39b15.1) 16 Sec. 2505-305. Investigators. The Department has the 17 power39b15.1.to appoint investigators to conduct all 18 investigations, searches, seizures, arrests, and other duties 19 imposed under the provisions of any law administered by the 20 Department. TheSuchinvestigators have and may exercise all 21 the powers of peace officers solely for the purpose of 22 enforcing taxing measures administered by the Department. 23 (Source: P.A. 82-1009.) 24 (20 ILCS 2505/2505-310 new) 25 (was 20 ILCS 2505/39b15.2) (from Ch. 127, par. 39b15.2) 26 Sec. 2505-310. Obtaining evidence. The Department has the 27 power39b15.2.to expendsuchsums thatasthe Director deems 28 necessary from contractual services appropriations for the 29 purchase of evidence and for the employment of persons to 30 obtain evidence. TheSuchsums shall be advanced to 31 investigators authorized by the Director to expend funds, on HB0236 Engrossed -356- LRB9100031DJcdA 1 vouchers signed by the Director. 2 In addition, the Director is authorized to maintain one 3 or more commercial checking accounts with any State banking 4 corporation or corporations organized under or subject to the 5 Illinois Banking Act for the deposit and withdrawal of moneys 6 to be used solely for the purchase of evidence and for the 7 employment of persons to obtain evidence. No check may be 8 written on nor any withdrawal made from such an account 9 except on the written signature of 2 persons designated by 10 the Director to write thosesuchchecks and make thosesuch11 withdrawals. The balance of moneys on deposit in any such 12 account shall not exceed $5,000 at any time, nor shall any 13 one check written on or single withdrawal made from any such 14 account exceed $5,000. 15 (Source: P.A. 83-1416.) 16 (20 ILCS 2505/2505-315 new) 17 (was 20 ILCS 2505/39b16) (from Ch. 127, par. 39b16) 18 Sec. 2505-315. Taking testimony; requiring production of 19 documents. The Department has the power39b16.to take 20 testimony and proof under oath and to require the production 21 of books, papers, and documents pertinent to any tax 22 assessment, levy, excise, investigation, inquiry, or hearing,23and for that purpose to subpoena and to compel the 24 attendance of witnesses and to issue subpoenassubpoenaduces 25 tecum. 26 (Source: Laws 1953, p. 1439.) 27 (20 ILCS 2505/2505-320 new) 28 (was 20 ILCS 2505/39b17) (from Ch. 127, par. 39b17) 29 Sec. 2505-320. Administrative oaths. The Department has 30 the power39b17.to administer all oaths authorized or 31 required under the provisions of any of the laws under its 32 jurisdiction or to delegate thatsuchpower in writing,to HB0236 Engrossed -357- LRB9100031DJcdA 1 any officer or employee of the Department. 2 (Source: Laws 1953, p. 1439.) 3 (20 ILCS 2505/2505-340 new) 4 (was 20 ILCS 2505/39b35.1) (from Ch. 127, par. 39b35.1) 5 Sec. 2505-340. Notice of taxpayer's liability.39b35.1.6 If any notice is sent by the Department to a taxpayer 7 indicating that the taxpayer has underpaid any taxes or for 8 any other reason is liable for taxes, interest, or penalties, 9 thesuchnotice shall include the telephone number of an 10 employee of the Department who shall be qualified to explain 11 what recourse the taxpayer may have in appealing the 12 Department's determination of liability. 13 (Source: P.A. 85-475.) 14 (20 ILCS 2505/2505-360 new) 15 (was 20 ILCS 2505/39b48) (from Ch. 127, par. 39b48) 16 Sec. 2505-360. Certificate by manager of taxpayer 17 records.39b48.In any civil or criminal action under any 18 tax or fee statute of this State administered by theIllinois19Departmentof Revenue, a certificate made under the seal of 20 theIllinoisDepartmentof Revenueby the manager of taxpayer 21 records or the manager'shisduly authorized deputy stating 22 that he or she had diligently searched available records of 23 the Department and 24 (1) not found a form or return required by law to 25 be filed with the Department or not found a record shall 26 be admissible to prove the absence of thatsuchform, 27 return, or record, or 28 (2) not found a return or any other form required 29 by law or regulation to be filed with the Department 30 shall be admissible to prove the failure to file that 31suchreturn or form by any person required to do so. 32 (Source: P.A. 89-428, eff. 1-1-96; 89-457, eff. 5-22-96.) HB0236 Engrossed -358- LRB9100031DJcdA 1 (20 ILCS 2505/2505-380 new) 2 (was 20 ILCS 2505/39b47) (from Ch. 127, par. 39b47) 3 Sec. 2505-380. Revocation of or refusal to issue a 4 certificate of registration, permit, or license. The 5 Department has the power39b47.to refuse to issue or, after 6 notice and an opportunity for a hearing, to revoke a 7 certificate of registration, permit, or license issued or 8 authorized to be issued by the Department,if the applicant 9 for or holder of thesuchcertificate of registration, permit 10 , or license fails to file a return, or to pay the tax, fee, 11 penalty, or interest shown in a filed return, or to pay any 12 final assessment of tax, fee, penalty, or interest, as 13 required by the tax or fee Act under which thesuch14 certificate of registration, permit, or license is required 15 or any other tax or fee Act administered by the Department. 16 The procedure for notice and hearing prior to revocation 17 shall be as provided under the Act pursuant to which the 18 certificate of registration, permit, or license was issued. 19 (Source: P.A. 89-428, eff. 1-1-96; 89-457, eff. 5-22-96.) 20 (20 ILCS 2505/2505-400 new) 21 (was 20 ILCS 2505/39b49) (from Ch. 127, par. 39b49) 22 Sec. 2505-400. Contracts for collection assistance. The 23 Department has the power39b49.to contract for collection 24 assistance on a contingent fee basis, with collection fees to 25 be retained by the collection agency and the net collections 26 to be paid to the Department. 27 (Source: P.A. 85-1223.) 28 (20 ILCS 2505/2505-405 new) 29 (was 20 ILCS 2505/39c-1c) 30 Sec. 2505-405.39c-1c.Electronic filing of liens. The 31 Departmentof Revenuemay adopt rules to provide for the 32 electronic filing of liens for any taxes required to be HB0236 Engrossed -359- LRB9100031DJcdA 1 administered by the Department. 2 (Source: P.A. 89-399, eff. 8-20-95.) 3 (20 ILCS 2505/2505-425 new) 4 (was 20 ILCS 2505/39b54) 5 Sec. 2505-425.39b54.Public list of delinquent State 6 taxes. 7 (a) The Director may annually disclose a list of all 8 taxpayers, including but not limited to individuals, trusts, 9 partnerships, corporations, and other taxable entities, that 10 are delinquent in the payment of tax liabilities collected by 11 the Department. The list shall include only those taxpayers 12 with total final liabilities for all taxes collected by the 13 Department (including penalties and interest) in an amount 14 greater than $10,000 (or asuchgreater amount as established 15 by the Department by rule) for a period of 6 months (or a 16suchlonger period as established by the Department by rule) 17 from the time that the taxes were assessed or became final, 18 as provided in the statute imposing the tax. The list shall 19 contain the name, address, types of taxes, month and year in 20 which each tax liability was assessed or became final, the 21 amount of each tax outstanding of each delinquent taxpayer, 22 and, in the case of a corporate taxpayer, the name of the 23 current president of record of the corporation. 24 (b) At least 90 days before the disclosure of the name 25 of any delinquent taxpayer prescribed in subsection (a), the 26 Director shall mail a written notice to each delinquent 27 taxpayer by certified mail addressed to the delinquent 28 taxpayer at his or her last or usual place of business or 29 abode detailing the amount and nature of the delinquency and 30 the intended disclosure of the delinquency. If the 31 delinquent tax has not been paid 60 days after the notice was 32 delivered or the Department has been notified that delivery 33 was refused or unclaimed, and the taxpayer has not, since the HB0236 Engrossed -360- LRB9100031DJcdA 1 mailing of the notice, either entered into a written 2 agreement with the Department for payment of the delinquency 3 or corrected a default in an existing agreement to the 4 satisfaction of the Director, the Director may disclose the 5 tax in the list of delinquent taxpayers. 6 (c) Unpaid taxes shall not be deemed to be delinquent 7 and subject to disclosure if (i) a written agreement for 8 payment exists without default between the taxpayer and the 9 Department or (ii) the tax liability is the subject of an 10 administrative hearing, administrative review, or judicial 11 review. 12 (d) The list shall be available for public inspection at 13 the Department or by other means of publication, including 14 the Internet. 15 (e) The Department shall prescribe reasonable rules for 16 the administration and implementation of this Section. 17 (f) Any disclosure made by the Director in a good faith 18 effort to comply with this Section shall not be considered a 19 violation of any statute prohibiting disclosure of taxpayer 20 information. 21 (Source: P.A. 90-753, eff. 1-1-99.) 22 (20 ILCS 2505/2505-450 new) 23 (was 20 ILCS 2505/39b18) (from Ch. 127, par. 39b18) 24 Sec. 2505-450. Monthly tax collection statements to 25 Governor. The Department has the power39b18.to furnish the 26 Governor with monthly statements of its tax collections. 27 (Source: Laws 1953, p. 1439.) 28 (20 ILCS 2505/2505-475 new) 29 (was 20 ILCS 2505/39b32) (from Ch. 127, par. 39b32) 30 Sec. 2505-475. Tax record errors.39b32.When the 31 Department, through its own error, has entered State tax on 32 its records under the wrong designation (such as recording a HB0236 Engrossed -361- LRB9100031DJcdA 1 use tax payment as retailers' occupation tax, or a retailers' 2 occupation tax payment as use tax, and so forthetc.), the 3 Department has the power to correct thesucherror on its 4 records and to notify the State Treasurer of the change so 5 that the Treasurerhecan make the necessary corresponding 6 changes in the Treasurer'shisrecords in case the erroneous 7 entry has been made in thosehisrecords. If the erroneous 8 entry in the Department's records is due to a mistake in 9 reporting by the taxpayer and the taxpayer agrees that he or 10 she has made a reporting error thatwhichshould be 11 corrected, the Department may correct its records accordingly 12 and notify the State Treasurer of the change so that the 13 Treasurerhecan make the necessary corresponding changes in 14 the Treasurer'shisrecords in case the erroneous entry has 15 been made in thosehisrecords. 16 The Department may similarly correct (i) errors in the 17 distribution, as between municipalities and counties, of 18 taxes thatwhichare imposed by thosesuchmunicipalities and 19 counties but collected for them by the Department as agent,20 and (ii) errors by which State taxes are erroneously credited 21 as municipal or county tax or by which municipal or county 22 taxes are erroneously credited or recorded as State tax, 23 givingsuchnotices to the State Treasurer as may be 24 necessary to enable the Treasurerhimto make corresponding 25 corrections in the Treasurer'shisrecords. 26 (Source: P.A. 76-220.) 27 (20 ILCS 2505/2505-500 new) 28 (was 20 ILCS 2505/39b11) (from Ch. 127, par. 39b11) 29 Sec. 2505-500. Department divisions. The Department has 30 the power39b11.to establishsuchdivisions, including 31 advisory divisions, thatasmay be necessary to assist in 32 maintaining adequate relationships with taxpayers and thatas33will improve the administration of the taxing measures under HB0236 Engrossed -362- LRB9100031DJcdA 1 its control. 2 (Source: Laws 1953, p. 1439.) 3 (20 ILCS 2505/2505-505 new) 4 (was 20 ILCS 2505/39b20) (from Ch. 127, par. 39b20) 5 Sec. 2505-505. Board of appeals. The Department has the 6 power39b20.to appoint a board of appeals, which shall 7 consist of 3 persons, to review departmental actions in 8 controversies involving the determination of tax liability 9 arising under the tax laws administered by the Department. 10 The board shall have no jurisdiction prior to the time a 11 notice of deficiency or a notice of assessment has become 12 final unless (i)(a)the board has made a special finding 13 concurred in by all members that action by the board is the 14 most efficient and expeditious manner of resolving the 15 controversy or (ii)(b)the Director so orders. Cases shall 16 be reviewed by thesuchboard,in accordance with the 17 procedure established by departmental rules and regulations 18 adopted pursuant to the provisions of Section 2505-79539b19. 19 Decisions made pursuant to this Section are not subject to 20 the provisions of Article III of the Code of Civil Procedure. 21 The exercise of the power of appointment for members of 22 the board of appeals is mandatory, and the Director shall 23 make his appointments within 120 days after the effective 24 date of this amendatory Act of 1979. Each member of the 25 board of appeals shall serve for a period of one year and 26 shall continue to serve thereafter at the pleasure of the 27 Director. Compensation for members shall be determined by 28 the Director. 29 Decisions of the Board shall not take effect unless and 30 until approved by the Director. 31 The express denial of applicability of Article III of the 32 Code of Civil Procedure shall be construed as declaratory of 33 existing law, as expressed in Section 3-102 of the Code of HB0236 Engrossed -363- LRB9100031DJcdA 1 Civil Procedure, and not as a new enactment. 2 (Source: P.A. 85-340.) 3 (20 ILCS 2505/2505-510 new) 4 (was 20 ILCS 2505/39b20.1) (from Ch. 127, par. 39b20.1) 5 Sec. 2505-510. Informal assessment review. The 6 Department has the power39b20.1.to establish an informal 7 assessment review process at which an impartial Department 8 designee, who has the authority and knowledge to recommend an 9 appropriate conclusion to the matter, shall review 10 adjustments recommended by examiners and auditors. The 11 Director shall provide by rule for the availability of an 12 informal assessment review before the issuance of a notice of 13 tax liability or notice of deficiency upon completion of an 14 audit of the taxpayer or before a formal hearing. A taxpayer 15 may be represented by a party of his or her choice during the 16 informal assessment review procedure and need not be 17 represented by an attorney. 18 The exercise of this power to establish an informal 19 assessment review procedure is mandatory, and the Director 20 shall promulgate rules implementing this process within 180 21 days after the effective date of this amendatory Act of 1988. 22 (Source: P.A. 89-399, eff. 8-20-95.) 23 (20 ILCS 2505/2505-550 new) 24 (was 20 ILCS 2505/39b51) 25 Sec. 2505-550.39b51.Jobs Impact Committee and report. 26 With respect to the credits provided for by Sections 209 and 27 210 of the Illinois Income Tax Act, Section 3-50 of the Use 28 Tax Act, Section 2 of the Service Use Tax Act, Section 2 of 29 the Service Occupation Tax Act, and Section 2-45 of the 30 Retailers' Occupation Tax Act, there is hereby created a Jobs 31 Impact Committee, which shall consist of the Directorof the32Department of Revenueor thesuchperson or persons the HB0236 Engrossed -364- LRB9100031DJcdA 1 Directoras hemay designate, and thesuchrepresentative or 2 representatives thatasshall be designated to serve on the 3 Committee by the Department of Commerce and Community 4 Affairs, the Bureau of the Budget, and the Economic and 5 Fiscal Commission. The Committee, so assembled, shall invite 6 and appoint 2 members of the businesses that are eligible for 7 the credits provided by those Sections. The Committee shall 8 study the use and effectiveness of these credits with regard 9 to job creation relative to the revenue loss to the State 10 from the provision of these credits. The Directorof the11Department of Revenueshall, on behalf of the Committee, 12 submit the Committee's report to the General Assembly on or 13 before June 30, 1998. 14 (Source: P.A. 90-552, eff. 12-12-97.) 15 (20 ILCS 2505/2505-575 new) 16 (was 20 ILCS 2505/39b53) 17 Sec. 2505-575.39b53.Income tax reciprocal agreements. 18 (a) Reciprocal agreement cost study. The Departmentof19Revenueshall study the use and cost effectiveness of all 20 reciprocal agreements entered into under the authority of 21 Sections 302 and 701 of the Illinois Income Tax Act. The 22 Department shall report to the General Assembly as to the 23 fiscal impact on Illinois income tax collections of each of 24 the reciprocal agreements by January 1, 1999 and every 5 25 years thereafter. The Department hasof Revenue shall have26 the authority to require that employers provide all 27 information necessary to complete the study on income tax 28 withholding returns filed with the Department under Section 29 704 of the Illinois Income Tax Act. The Department hasshall30havethe authority to require that employees provide all 31 information necessary to complete the study on individual 32 income tax returns filed under Section 502 of the Illinois 33 Income Tax Act. HB0236 Engrossed -365- LRB9100031DJcdA 1 (b) Revocation of reciprocal agreements. Upon receipt 2 of the cost study or at any time thereafter, the General 3 Assembly may adopt a joint resolution by an affirmative vote 4 of a majority of each house directing the Director of Revenue 5 to revoke any reciprocal agreement with any other state that 6 results in a loss of revenue to the State of Illinois. Any 7 joint resolution shall specify the date upon which the 8 reciprocal agreement is to be revoked. That, whichdate 9 shall be no sooner than the beginning of the next subsequent 10 calendar year that is at least 6 months after the adoption of 11 the joint resolution. 12 (c) Authority to enter into compensation agreements. 13 Before any revocation by joint resolution adopted by the 14 General Assembly under subsection (b), the Director of 15 Revenue hasshall havethe authority to enter into a 16 compensation or rebating agreement with any reciprocal state. 17 Any compensation agreement shall provide that the reciprocal 18 state shall provide a rebate to the State of Illinois to 19 compensate for the loss of revenue. The Director hasof20Revenue shall havethe authority to enter into agreements 21 with reciprocal states to contract with any third party 22 mutually agreed to by the Director and the reciprocal state 23 to establish a rebate or compensation amount. 24 (Source: P.A. 90-491, eff. 1-1-98.) 25 (20 ILCS 2505/2505-600 new) 26 (was 20 ILCS 2505/39b21) (from Ch. 127, par. 39b21) 27 Sec. 2505-600. Information from State and local 28 officers. The Department has the power39b21.to require 29 from all State and local officers anysuchinformation that 30asmay be necessary for the proper discharge of its duties. 31 (Source: Laws 1953, p. 1439.) 32 (20 ILCS 2505/2505-605 new) HB0236 Engrossed -366- LRB9100031DJcdA 1 (was 20 ILCS 2505/39b22) (from Ch. 127, par. 39b22) 2 Sec. 2505-605. Taxing district records. The Department 3 has the power39b22.to examine and make memoranda from all 4 records, books, papers, documents, and statements of fact on 5 record or on file in any public office of any taxing district 6 of the State, and allsuchofficers having charge or custody 7 of thosesuchrecords shall furnish to the Department, upon 8 request, information of any and all matters on file or of 9 record in their respective offices. 10 (Source: Laws 1953, p. 1439.) 11 (20 ILCS 2505/2505-625 new) 12 (was 20 ILCS 2505/39b35) (from Ch. 127, par. 39b35) 13 Sec. 2505-625. Aiding local governments; real and 14 personal property taxes.39b35.The Department shall assist 15 and aid local governments of the State in matters relating to 16 real and personal property taxes, including assessments and 17 equalization, and perform all other duties provided by law. 18 In performing this responsibility the Department shall have 19 the power and duty to do the following: 20 (1)(a)Assist and advise the local governments of 21 the State in matters pertaining to the assessment and 22 equalization of property.;23 (2)(b)Prepare and maintain current maps of the 24 counties of the State, showing the boundaries and the 25 limits of all taxing districts and local governments of 26 the State.;27 (3)(c)Perform all other duties and powers 28 relating to real and personal property taxes, including 29 real and personal property assessments and equalization, 30 and other taxes and financial matters, as are provided by 31 law and may be vested in the Department.;32(d)The Department shall promulgate rules and 33 regulations concerning the Department's operations and HB0236 Engrossed -367- LRB9100031DJcdA 1 programs established to meet these purposes. 2 (Source: P.A. 81-1509.) 3 (20 ILCS 2505/2505-630 new) 4 (was 20 ILCS 2505/39b36) (from Ch. 127, par. 39b36) 5 Sec. 2505-630. Charges for publications for local 6 officials.39b36.The Department may make a reasonable 7 charge for instructional manuals, appraisal manuals, and 8 reproductions of the Illinois property tax laws and other 9 publications for the use of local officials. All moneys 10 received from thesesuchcharges shall be paid into the 11 General Revenue Fund. 12 (Source: P.A. 81-1509.) 13 (20 ILCS 2505/2505-650 new) 14 (was 20 ILCS 2505/39b52) 15 Sec. 2505-650.39b52.Collection of past due support. 16 Upon certification of past due child support amounts from the 17 Department of Public Aid, the Department of Revenue may 18 collect the delinquency in any manner authorized for the 19 collection of any tax administered by the Department of 20 Revenue. The Department of Revenue shall notify the 21 Department of Public Aid when the delinquency or any portion 22 of the delinquency has been collected under this Section. 23 Any child support delinquency collected by the Department of 24 Revenue, including those amounts that result in overpayment 25 of a child support delinquency, shall be deposited intoin, 26 or transferred intoto, the Child Support Enforcement Trust 27 Fund. The Department of Revenue may implement this Section 28 through the use of emergency rules in accordance with Section 29 5-45 of the Illinois Administrative Procedure Act. For 30 purposes of the Illinois Administrative Procedure Act, the 31 adoption of rules to implement this Section shall be 32 considered an emergency and necessary for the public HB0236 Engrossed -368- LRB9100031DJcdA 1 interest, safety, and welfare. 2 (Source: P.A. 89-6, eff. 12-31-95; 90-491, eff. 1-1-98.) 3 (20 ILCS 2505/2505-675 new) 4 (was 20 ILCS 2505/39b50) (from Ch. 127, par. 39b50) 5 Sec. 2505-675.39b50.Whenever the Departmentof Revenue6 is authorized or required by law to consider some aspect of 7 criminal history record information for the purpose of 8 carrying out its statutory powers and responsibilities, then, 9 upon request and payment of fees in conformance with the 10 requirements ofsubsection 22 ofSection 2605-40055aof the 11 Department of State Police Law (20 ILCS 2605/2605-400)"The12Civil Administrative Code of Illinois", the Department of 13 State Police is authorized to furnish, pursuant to positive 14 identification, thesuchinformation contained in State files 15 thatasis necessary to fulfill the request. 16 (Source: P.A. 86-610.) 17 (20 ILCS 2505/2505-700 new) 18 (was 20 ILCS 2505/39b13) (from Ch. 127, par. 39b13) 19 Sec. 2505-700. Recommending legislation. The Department 20 has the power39b13.to formulate and recommend legislation 21 for the improvement of the system of taxation in the State. 22 (Source: P.A. 76-1158.) 23 (20 ILCS 2505/2505-705 new) 24 (was 20 ILCS 2505/39b14) (from Ch. 127, par. 39b14) 25 Sec. 2505-705. Other tax systems. The Department has 26 the power39b14.to investigate the tax systems of other 27 states and counties. 28 (Source: Laws 1953, p. 1439.) 29 (20 ILCS 2505/2505-730 new) 30 (was 20 ILCS 2505/39b23) (from Ch. 127, par. 39b23) HB0236 Engrossed -369- LRB9100031DJcdA 1 Sec. 2505-730. Transfer of realty to other State agency; 2 acquisition of federal lands. The Department has the power 339b23.to transfer jurisdiction of any realty under control 4 of the Department to any other department of the State 5 government or to acquire or accept federal lands,when the 6suchtransfer, acquisition, or acceptance is advantageous to 7 the State and is approved in writing by the Governor. 8 (Source: Laws 1953, p. 1439.) 9 (20 ILCS 2505/2505-790 new) 10 (was 20 ILCS 2505/39b33) (from Ch. 127, par. 39b33) 11 Sec. 2505-790. Other rights, powers, and duties. The 12 Department has the power39b33.to exercise and perform the 13suchother rights, powers, and duties thatasmay be vested 14 in thesaidDepartmentof Revenueby law. 15 (Source: Laws 1965, p. 175.) 16 (20 ILCS 2505/2505-795 new) 17 (was 20 ILCS 2505/39b19) (from Ch. 127, par. 39b19) 18 Sec. 2505-795. Rules and regulations. The Department 19 has the power39b19.to makesuchreasonable rules and 20 regulations thatasmay be necessary to effectively enforce 21 any of the powers herein granted. 22 (Source: Laws 1953, p. 1439.) 23 (20 ILCS 2605/Art. 2605 heading new) 24 ARTICLE 2605. DEPARTMENT OF STATE POLICE 25 (20 ILCS 2605/2605-1 new) 26 Sec. 2605-1. Article short title. This Article 2605 of 27 the Civil Administrative Code of Illinois may be cited as the 28 Department of State Police Law. 29 (20 ILCS 2605/2605-5 new) HB0236 Engrossed -370- LRB9100031DJcdA 1 Sec. 2605-5. Definitions. In this Law: 2 "Department" means the Department of State Police. 3 "Director" means the Director of State Police. 4 (20 ILCS 2605/2605-10 new) 5 (was 20 ILCS 2605/55a, subsec. (A), in part) (from Ch. 6 127, par. 55a) 7 Sec. 2605-10. Powers and duties, generally.55a. Powers8and duties.(A)The Departmentof State Policeshall have 9 thefollowingpowers and duties, and thoseset forth in the 10 following Sections.55a-1 through 55c:11 (Source: P.A. 89-54, eff. 6-30-95; 90-18, eff. 7-1-97; 12 90-130, eff. 1-1-98; 90-372, eff. 7-1-98; 90-590, eff. 13 1-1-00; 90-655, eff. 7-30-98; 90-793, eff. 8-14-98; revised 14 10-6-98.) 15 (20 ILCS 2605/2605-15 new) 16 (was 20 ILCS 2605/55a, subdiv. (A)26) (from Ch. 127, par. 17 55a) 18 Sec. 2605-15. Rules and regulations.26.To promulgate 19 rules and regulations necessary for the administration and 20 enforcement of its powers and duties, wherever granted and 21 imposed, pursuant to the Illinois Administrative Procedure 22 Act. 23 (Source: P.A. 89-54, eff. 6-30-95; 90-18, eff. 7-1-97; 24 90-130, eff. 1-1-98; 90-372, eff. 7-1-98; 90-590, eff. 25 1-1-00; 90-655, eff. 7-30-98; 90-793, eff. 8-14-98; revised 26 10-6-98.) 27 (20 ILCS 2605/2605-25 new) 28 (was 20 ILCS 2605/55a-1) (from Ch. 127, par. 55a-1) 29 Sec. 2605-25. Department divisions.55a-1.The 30 Departmentof State Policeis divided into the Illinois State 31 Police Academy and 5 divisions: the Division of State HB0236 Engrossed -371- LRB9100031DJcdA 1 Troopers, the Division of Criminal Investigation, the 2 Division of Forensic Services, the Division of 3 Administration, and the Division of Internal Investigation. 4 (Source: P.A. 90-130, eff. 1-1-98.) 5 (20 ILCS 2605/2605-30 new) 6 (was 20 ILCS 2605/55a-2) (from Ch. 127, par. 55a-2) 7 Sec. 2605-30. Division of State Troopers.55a-2.The 8 Division of State Troopers shall exercise the following 9 functions: 10 (1)1. toCooperate with federal and State 11 authorities requesting utilization of the Department's 12 radio network system under the"Illinois Aeronautics Act. 13", approved July 24, 1945, as amended;14 (2)2. toExercise the rights, powers, and duties of 15 the State Police under"An Act in relation tothe State 16 Police Act.", approved July 20, 1949, as amended;17 (3)3. toExercise the rights, powers, and duties 18 vested by law in the Department by the State Police Radio 19 Act."An Act in relation to the establishment and20operation of radio broadcasting stations and the21acquisition and installation of radio receiving sets for22police purposes", approved July 7, 1931, as amended;23 (4)4. toExercise the rights, powers, and duties 24 of the Department vested by law in the Department and the 25 Illinois State Police by"the Illinois Vehicle Code.",26approved September 29, 1969, as amended;27 (5)5. toExercise other duties thatwhichhave 28 been or may be vested by law in the Illinois State Police 29 .; and30 (6)6. toExercise other duties thatwhichmay be 31 assigned by the Director in order to fulfill the 32 responsibilities and to achieve the purposes of the 33 Department. HB0236 Engrossed -372- LRB9100031DJcdA 1 (Source: P.A. 84-25.) 2 (20 ILCS 2605/2605-35 new) 3 (was 20 ILCS 2605/55a-3) (from Ch. 127, par. 55a-3) 4 Sec. 2605-35. Division of Criminal Investigation.55a-3.56 (a) The Division of Criminal Investigation shall 7 exercise the following functions: 8 (1)1. toExercise the rights, powers, and duties 9 vested by law in the Department by the Illinois Horse 10 Racing Act of 1975.;11 (2)2. toInvestigate the origins, activities, 12 personnel, and incidents of crime and enforce the 13 criminal laws of this State related thereto.;14 (3)3. toEnforce all laws regulating the 15 production, sale, prescribing, manufacturing, 16 administering, transporting, having in possession, 17 dispensing, delivering, distributing, or use of 18 controlled substances and cannabis.;19 (4)4. toCooperate with the police of cities, 20 villages, and incorporated towns,and with the police 21 officers of any county in enforcing the laws of the State 22 and in making arrests and recovering property.;23 (5)5. toApprehend and deliver up any person 24 charged in this State or any other state with treason or 25 a,felony,or other crime,who has fled from justice and 26 is found in this State.;27 (6)6. toInvestigate recipients and,providers 28 under the Illinois Public Aid Code and any personnel 29 involved in the administration of theIllinois Public Aid30Code who are suspected of any violation of thesuchCode 31 pertaining to fraud in the administration, receipt, or 32 provision of assistance and pertaining to any violation 33 of criminal law;,andtoexercise the functions required HB0236 Engrossed -373- LRB9100031DJcdA 1 under Section 2605-22055a-7in the conduct of thosesuch2investigations.;3 (7)7. toConductsuchother investigations asmay4beprovided by law.;5 (8)8. toExercise the powers and perform the 6 duties thatwhichhave been vested in the Departmentof7State Policeby the Sex Offender Registration Act and the 8 Sex Offender and Child Murderer Community Notification 9 Law; andtopromulgate reasonable rules and regulations 10 necessitated thereby.; and11 (9)9. toExercise other duties thatwhichmay be 12 assigned by the Director in order to fulfill the 13 responsibilities and achieve the purposes of the 14 Department. 15 (b) There is hereby established in the Division of 16 Criminal Investigation the Office of Coordination of Gang 17 Prevention, hereafter referred to as the Office. 18 The Office shall consult with units of local government 19 and school districts to assist them in gang control 20 activities and to administer a system of grants to units of 21 local government and school districts thatwhich, upon 22 application, have demonstrated a workable plan to reduce gang 23 activity in their area. TheSuchgrants shall not include 24 reimbursement for personnel, nor shall they exceed 75% of the 25 total request by any applicant. The grants, andmay be 26 calculated on a proportional basis, determined by funds 27 available to the Department for this purpose. The Department 28 hasshall havethe authority to promulgate appropriate rules 29 and regulations to administer this program. 30 TheSuchOffice shall establish mobile units of trained 31 personnel to respond to gang activities. 32 TheSuchOffice shall also consult with and use the 33 services of religious leaders and other celebrities to assist 34 in gang control activities. HB0236 Engrossed -374- LRB9100031DJcdA 1 The Office may sponsor seminars, conferences, or any 2 other educational activity to assist communities in their 3 gang crime control activities. 4 (Source: P.A. 89-8, eff. 1-1-96; 89-428, eff. 6-1-96; 89-462, 5 eff. 6-1-96; 90-193, eff. 7-24-97.) 6 (20 ILCS 2605/2605-40 new) 7 (was 20 ILCS 2605/55a-4) (from Ch. 127, par. 55a-4) 8 Sec. 2605-40. Division of Forensic Services.55a-4.The 9 Division of Forensic Services shall exercise the following 10 functions: 11 (1)1. toExercise the rights, powers, and duties 12 vested by law in the Department by the"An Act in13relation toCriminal Identification Act.and14investigation", approved July 2, 1931, as amended;15 (2)2. toExercise the rights, powers, and duties 16 vested by law in the Department bysubsection (5) of17 Section 2605-30055aof this Law.Act;18 (3)3. toProvide assistance to local law 19 enforcement agencies through training, management, and 20 consultant services.;21 (4)4. toExercise the rights, powers, and duties 22 vested by law in the Department by the Firearm Owners 23 Identification Card Act."An Act relating to the24acquisition, possession and transfer of firearms and25firearm ammunition and to provide a penalty for the26violation thereof and to make an appropriation in27connection therewith", approved August 3, 1967, as28amended;29 (5)5. toExercise other duties thatwhichmay be 30 assigned by the Director in order to fulfill the 31 responsibilities and achieve the purposes of the 32 Department.; and33 (6)6. toEstablish and operate a forensic science HB0236 Engrossed -375- LRB9100031DJcdA 1 laboratory system, including a forensic toxicological 2 laboratory service, for the purpose of testing specimens 3 submitted by coroners and other law enforcement officers 4 in their efforts to determine whether alcohol, drugs, or 5 poisonous or other toxic substances have been involved in 6 deaths, accidents, or illness. Forensic toxicological 7 laboratories shall be established in Springfield, Chicago 8 , and elsewhere in the State as needed. 9 (Source: P.A. 90-130, eff. 1-1-98.) 10 (20 ILCS 2605/2605-45 new) 11 (was 20 ILCS 2605/55a-5) (from Ch. 127, par. 55a-5) 12 Sec. 2605-45. Division of Administration.55a-5.The 13 Division of Administration shall exercise the following 14 functions: 15 (1)1. toExercise the rights, powers, and duties 16 vested in the Department by the"An Act to create a17 Bureau of the Budget Act.and to define its powers and18duties and to make an appropriation", approved April 16,191969, as amended;20 (2)2. toPursue research and the publication of 21 studies pertaining to local law enforcement activities.;22 (3)3. toExercise the rights, powers, and duties 23 vested in the Department by the"Personnel Code.",24approved July 18, 1955, as amended;25 (4)4. toOperate an electronic data processing and 26 computer center for the storage and retrieval of data 27 pertaining to criminal activity.;28 (5)5. toExercise the rights, powers, and duties 29 vested in the Division of State Troopers by Section 17 of 30 the"An Act in relation toState Police Act.", approved31July 20, 1949, as amended;32 (6)6. toExercise the rights, powers, and duties 33 vested in the Department by "An Act relating to internal HB0236 Engrossed -376- LRB9100031DJcdA 1 auditing in State government", approved August 11, 1967 2 (repealed; now the Fiscal Control and Internal Auditing 3 Act, 30 ILCS 10/)., as amended;4 (7)7. toExercise other duties thatwhichmay be 5 assigned by the Director to fulfill the responsibilities 6 and achieve the purposes of the Department. 7 (Source: P.A. 84-25.) 8 (20 ILCS 2605/2605-50 new) 9 (was 20 ILCS 2605/55a-6) (from Ch. 127, par. 55a-6) 10 Sec. 2605-50. Division of Internal Investigation.55a-6.11 The Division of Internal Investigation shall initiate 12 internal departmental investigations and, at the direction of 13 the Governor, investigate complaints and initiate 14 investigations of official misconduct by State officers and 15 State employees under the jurisdiction of the Governor. 16 (Source: P.A. 80-56.) 17 (20 ILCS 2605/2605-75 new) 18 (was 20 ILCS 2605/55a, subsec. (C)) (from Ch. 127, par. 19 55a) 20 Sec. 2605-75. Bilingual police officers.(C)The 21 Departmentof State Policemay ascertain the number of 22 bilingual police officers and other personnel needed to 23 provide services in a language other than English and may 24 establish, under applicable personnel rules and Department 25 guidelines or through a collective bargaining agreement, a 26 bilingual pay supplement program. 27 (Source: P.A. 89-54, eff. 6-30-95; 90-18, eff. 7-1-97; 28 90-130, eff. 1-1-98; 90-372, eff. 7-1-98; 90-590, eff. 29 1-1-00; 90-655, eff. 7-30-98; 90-793, eff. 8-14-98; revised 30 10-6-98.) 31 (20 ILCS 2605/2605-100 new) HB0236 Engrossed -377- LRB9100031DJcdA 1 (was 20 ILCS 2605/55a, subdiv. (A)1) (from Ch. 127, par. 2 55a) 3 Sec. 2605-100. State Police Act.1.To exercise the 4 rights, powers, and duties thatwhichhave been vested in the 5 Department of Public Safety by the State Police Act. 6 (Source: P.A. 89-54, eff. 6-30-95; 90-18, eff. 7-1-97; 7 90-130, eff. 1-1-98; 90-372, eff. 7-1-98; 90-590, eff. 8 1-1-00; 90-655, eff. 7-30-98; 90-793, eff. 8-14-98; revised 9 10-6-98.) 10 (20 ILCS 2605/2605-105 new) 11 (was 20 ILCS 2605/55a, subdiv. (A)2) (from Ch. 127, par. 12 55a) 13 Sec. 2605-105. State Police Radio Act.2.To exercise 14 the rights, powers, and duties thatwhichhave been vested in 15 the Department of Public Safety by the State Police Radio 16 Act. 17 (Source: P.A. 89-54, eff. 6-30-95; 90-18, eff. 7-1-97; 18 90-130, eff. 1-1-98; 90-372, eff. 7-1-98; 90-590, eff. 19 1-1-00; 90-655, eff. 7-30-98; 90-793, eff. 8-14-98; revised 20 10-6-98.) 21 (20 ILCS 2605/2605-110 new) 22 (was 20 ILCS 2605/55a, subdiv. (A)3) (from Ch. 127, par. 23 55a) 24 Sec. 2605-110. Criminal Identification Act.3.To 25 exercise the rights, powers, and duties thatwhichhave been 26 vested in the Department of Public Safety by the Criminal 27 Identification Act. 28 (Source: P.A. 89-54, eff. 6-30-95; 90-18, eff. 7-1-97; 29 90-130, eff. 1-1-98; 90-372, eff. 7-1-98; 90-590, eff. 30 1-1-00; 90-655, eff. 7-30-98; 90-793, eff. 8-14-98; revised 31 10-6-98.) HB0236 Engrossed -378- LRB9100031DJcdA 1 (20 ILCS 2605/2605-115 new) 2 (was 20 ILCS 2605/55a, subdiv. (A)9) (from Ch. 127, par. 3 55a) 4 Sec. 2605-115. Illinois Vehicle Code.9.To exercise the 5 rights, powers, and duties thatwhichhave been vested in the 6 Department of Public Safety by the Illinois Vehicle Code. 7 (Source: P.A. 89-54, eff. 6-30-95; 90-18, eff. 7-1-97; 8 90-130, eff. 1-1-98; 90-372, eff. 7-1-98; 90-590, eff. 9 1-1-00; 90-655, eff. 7-30-98; 90-793, eff. 8-14-98; revised 10 10-6-98.) 11 (20 ILCS 2605/2605-120 new) 12 (was 20 ILCS 2605/55a, subdiv. (A)10) (from Ch. 127, par. 13 55a) 14 Sec. 2605-120. Firearm Owners Identification Card Act. 1510.To exercise the rights, powers, and duties thatwhich16 have been vested in the Department of Public Safety by the 17 Firearm Owners Identification Card Act. 18 (Source: P.A. 89-54, eff. 6-30-95; 90-18, eff. 7-1-97; 19 90-130, eff. 1-1-98; 90-372, eff. 7-1-98; 90-590, eff. 20 1-1-00; 90-655, eff. 7-30-98; 90-793, eff. 8-14-98; revised 21 10-6-98.) 22 (20 ILCS 2605/2605-130 new) 23 (was 20 ILCS 2605/55a, subdiv. (A)23) (from Ch. 127, par. 24 55a) 25 Sec. 2605-130. Intergovernmental Missing Child Recovery 26 Act of 1984.23.To exercise the powers and perform the 27 duties thatwhichhave been vested in the Departmentof State28Policeby the Intergovernmental Missing Child Recovery Act of 29 1984, and to establish reasonable rules and regulations 30 necessitated thereby. 31 (Source: P.A. 89-54, eff. 6-30-95; 90-18, eff. 7-1-97; 32 90-130, eff. 1-1-98; 90-372, eff. 7-1-98; 90-590, eff. HB0236 Engrossed -379- LRB9100031DJcdA 1 1-1-00; 90-655, eff. 7-30-98; 90-793, eff. 8-14-98; revised 2 10-6-98.) 3 (20 ILCS 2605/2605-135 new) 4 (was 20 ILCS 2605/55c) (from Ch. 127, par. 55c) 5 Sec. 2605-135. Intergovernmental Drug Laws Enforcement 6 Act.55c.The Departmentof State Policeshall exercise the 7 powers and duties assigned to it under the"Intergovernmental 8 Drug Laws Enforcement Act", enacted by the 80th General9Assembly. 10 (Source: P.A. 84-25.) 11 (20 ILCS 2605/2605-140 new) 12 (was 20 ILCS 2605/55a, subdiv. (A)8) (from Ch. 127, par. 13 55a) 14 Sec. 2605-140. Narcotic Control Division Abolition Act. 158.To exercise the rights, powers, and duties thatwhich16 have been vested in the Departmentof State Policeand the 17 Directorof the Department of State Policeby the Narcotic 18 Control Division Abolition Act. 19 (Source: P.A. 89-54, eff. 6-30-95; 90-18, eff. 7-1-97; 20 90-130, eff. 1-1-98; 90-372, eff. 7-1-98; 90-590, eff. 21 1-1-00; 90-655, eff. 7-30-98; 90-793, eff. 8-14-98; revised 22 10-6-98.) 23 (20 ILCS 2605/2605-190 new) 24 (was 20 ILCS 2605/55a, subdiv. (A)11) (from Ch. 127, par. 25 55a) 26 Sec. 2605-190. Other laws in relation to law enforcement. 2711.To enforce and administersuchother laws in relation 28 to law enforcement to the extent that they vest any rights, 29 powers, or dutiesas may be vestedin the Department. 30 (Source: P.A. 89-54, eff. 6-30-95; 90-18, eff. 7-1-97; 31 90-130, eff. 1-1-98; 90-372, eff. 7-1-98; 90-590, eff. HB0236 Engrossed -380- LRB9100031DJcdA 1 1-1-00; 90-655, eff. 7-30-98; 90-793, eff. 8-14-98; revised 2 10-6-98.) 3 (20 ILCS 2605/2605-200 new) 4 (was 20 ILCS 2605/55a, subdiv. (A)4) (from Ch. 127, par. 5 55a) 6 Sec. 2605-200. Investigations of crime; enforcement of 7 laws.4.8 (a) To do the following: 9 (1)(a)Investigate the origins, activities, 10 personnel, and incidents of crime and the ways and means 11 to redress the victims of crimes;, andstudy the impact, 12 if any, of legislation relative to the effusion of crime 13 and growing crime rates;,and enforce the criminal laws 14 of this State related thereto.,15 (2)(b)Enforce all laws regulating the production, 16 sale, prescribing, manufacturing, administering, 17 transporting, having in possession, dispensing, 18 delivering, distributing, or use of controlled substances 19 and cannabis.,20 (3)(c)Employ skilled experts, scientists, 21 technicians, investigators, or otherwise specially 22 qualified persons to aid in preventing or detecting 23 crime, apprehending criminals, or preparing and 24 presenting evidence of violations of the criminal laws of 25 the State.,26 (4)(d)Cooperate with the police of cities, 27 villages, and incorporated towns,and with the police 28 officers of any county,in enforcing the laws of the 29 State and in making arrests and recovering property.,30 (5)(e)Apprehend and deliver up any person charged 31 in this State or any other state of the United States 32 with treason or a,felony,or other crime,who has fled 33 from justice and is found in this State., andHB0236 Engrossed -381- LRB9100031DJcdA 1 (6)(f)Conductsuchother investigations asmay be2provided by law. 3 (b) Persons exercising thethesepowers set forth in 4 subsection (a) within the Department are conservators of the 5 peace and as such have all the powers possessed by policemen 6 in cities and sheriffs, except that they may exercise those 7suchpowers anywhere in the State in cooperation with and 8 after contact with the local law enforcement officials. Those 9Suchpersons may use false or fictitious names in the 10 performance of their duties under this Sectionparagraph, 11 upon approval of the Director, and shall not be subject to 12 prosecution under the criminal laws for thatsuchuse. 13 (Source: P.A. 89-54, eff. 6-30-95; 90-18, eff. 7-1-97; 14 90-130, eff. 1-1-98; 90-372, eff. 7-1-98; 90-590, eff. 15 1-1-00; 90-655, eff. 7-30-98; 90-793, eff. 8-14-98; revised 16 10-6-98.) 17 (20 ILCS 2605/2605-205 new) 18 (was 20 ILCS 2605/55a, subdiv. (A)17) (from Ch. 127, par. 19 55a) 20 Sec. 2605-205. Arson investigations.17.To conduct 21 arson investigations. 22 (Source: P.A. 89-54, eff. 6-30-95; 90-18, eff. 7-1-97; 23 90-130, eff. 1-1-98; 90-372, eff. 7-1-98; 90-590, eff. 24 1-1-00; 90-655, eff. 7-30-98; 90-793, eff. 8-14-98; revised 25 10-6-98.) 26 (20 ILCS 2605/2605-210 new) 27 (was 20 ILCS 2605/55a, subdiv. (A)29) (from Ch. 127, par. 28 55a) 29 Sec. 2605-210. Child abuse or neglect investigations.29.30Upon the request of the Department of Children and Family 31 Services, to investigate reports of child abuse or neglect. 32 (Source: P.A. 89-54, eff. 6-30-95; 90-18, eff. 7-1-97; HB0236 Engrossed -382- LRB9100031DJcdA 1 90-130, eff. 1-1-98; 90-372, eff. 7-1-98; 90-590, eff. 2 1-1-00; 90-655, eff. 7-30-98; 90-793, eff. 8-14-98; revised 3 10-6-98.) 4 (20 ILCS 2605/2605-215 new) 5 (was 20 ILCS 2605/55a, subdiv. (A)14) (from Ch. 127, par. 6 55a) 7 Sec. 2605-215. Horse race track investigation services. 814.To provide investigative services, with all of the 9 powers possessed by policemen in cities and sheriffs, in and 10 around all race tracks subject to the Illinois Horse Racing 11 Act of 1975. 12 (Source: P.A. 89-54, eff. 6-30-95; 90-18, eff. 7-1-97; 13 90-130, eff. 1-1-98; 90-372, eff. 7-1-98; 90-590, eff. 14 1-1-00; 90-655, eff. 7-30-98; 90-793, eff. 8-14-98; revised 15 10-6-98.) 16 (20 ILCS 2605/2605-220 new) 17 (was 20 ILCS 2605/55a-7) (from Ch. 127, par. 55a-7) 18 Sec. 2605-220. Public aid fraud investigations.55a-7.19 The Departmentof State Police, through the Division of 20 Criminal Investigation, shall investigate recipients and,21 providers under the Illinois Public Aid Code and any 22 personnel involved in the administration of theIllinois23Public AidCode who are suspected of any violations of the 24suchCode pertaining to fraud in the administration, receipt, 25 or provision of assistance and pertaining to any violation 26 of criminal law. The Department shall, in addition to 27 functions otherwise authorized by State and federal law, 28 exercise the following functions: 29 (1)1. toInitiate investigations of suspected 30 cases of public aid fraud.; and31 (2)2. toInvestigate cases of public aid fraud. 32 (Source: P.A. 84-25.) HB0236 Engrossed -383- LRB9100031DJcdA 1 (20 ILCS 2605/2605-250 new) 2 (was 20 ILCS 2605/55a, subdiv. (A)15) (from Ch. 127, par. 3 55a) 4 Sec. 2605-250. Obtaining evidence.15.To expend the 5suchsumsasthe Director deems necessary from contractual 6 services appropriations for the Division of Criminal 7 Investigation for the purchase of evidence and for the 8 employment of persons to obtain evidence. TheSuchsums shall 9 be advanced to agents authorized by the Director to expend 10 funds, on vouchers signed by the Director. 11 (Source: P.A. 89-54, eff. 6-30-95; 90-18, eff. 7-1-97; 12 90-130, eff. 1-1-98; 90-372, eff. 7-1-98; 90-590, eff. 13 1-1-00; 90-655, eff. 7-30-98; 90-793, eff. 8-14-98; revised 14 10-6-98.) 15 (20 ILCS 2605/2605-275 new) 16 (was 20 ILCS 2605/55a, subdiv. (A)30) (from Ch. 127, par. 17 55a) 18 Sec. 2605-275. Registration of fictitious vital records. 1930.To obtain registration of a fictitious vital record 20 pursuant to Section 15.1 of the Vital Records Act. 21 (Source: P.A. 89-54, eff. 6-30-95; 90-18, eff. 7-1-97; 22 90-130, eff. 1-1-98; 90-372, eff. 7-1-98; 90-590, eff. 23 1-1-00; 90-655, eff. 7-30-98; 90-793, eff. 8-14-98; revised 24 10-6-98.) 25 (20 ILCS 2605/2605-300 new) 26 (was 20 ILCS 2605/55a, subdiv. (A)5) (from Ch. 127, par. 27 55a) 28 Sec. 2605-300. Records; crime laboratories; personnel.5.29To do the following: 30 (1)(a)Be a central repository and custodian of 31 criminal statistics for the State.,32 (2)(b)Be a central repository for criminal HB0236 Engrossed -384- LRB9100031DJcdA 1 history record information.,2 (3)(c)Procure and file for recordsuch3 information thatasis necessary and helpful to plan 4 programs of crime prevention, law enforcement, and 5 criminal justice.,6 (4)(d)Procure and file for recordsuchcopies of 7 fingerprints that, asmay be required by law.,8 (5)(e)Establish general and field crime 9 laboratories.,10 (6)(f)Register and file for recordsuch11 information thatasmay be required by law for the 12 issuance of firearm owner's identification cards.,13 (7)(g)Employ polygraph operators, laboratory 14 technicians, and other specially qualified persons to aid 15 in the identification of criminal activity., and16 (8)(h)Undertakesuchother identification, 17 information, laboratory, statistical, or registration 18 activities thatasmay be required by law. 19 (Source: P.A. 89-54, eff. 6-30-95; 90-18, eff. 7-1-97; 20 90-130, eff. 1-1-98; 90-372, eff. 7-1-98; 90-590, eff. 21 1-1-00; 90-655, eff. 7-30-98; 90-793, eff. 8-14-98; revised 22 10-6-98.) 23 (20 ILCS 2605/2605-305 new) 24 (was 20 ILCS 2605/55a, subsec. (B)) (from Ch. 127, par. 25 55a) 26 Sec. 2605-305. Statewide Organized Criminal Gang Database 27 (SWORD).(B)The Departmentof State Policemay establish 28 and maintain, within the Departmentof State Police, a 29 Statewide Organized Criminal Gang Database (SWORD) for the 30 purpose of tracking organized criminal gangs and their 31 memberships. Information in the database may include, but not 32 be limited to, the name, last known address, birth date, 33 physical descriptions (such as scars, marks, or tattoos), HB0236 Engrossed -385- LRB9100031DJcdA 1 officer safety information, organized gang affiliation, and 2 entering agency identifier. The Department may develop, in 3 consultation with the Criminal Justice Information Authority, 4 and in a form and manner prescribed by the Department, an 5 automated data exchange system to compile, to maintain, and 6 to make this information electronically available to 7 prosecutors and to other law enforcement agencies. The 8 information may be used by authorized agencies to combat the 9 operations of organized criminal gangs statewide. 10 (Source: P.A. 89-54, eff. 6-30-95; 90-18, eff. 7-1-97; 11 90-130, eff. 1-1-98; 90-372, eff. 7-1-98; 90-590, eff. 12 1-1-00; 90-655, eff. 7-30-98; 90-793, eff. 8-14-98; revised 13 10-6-98.) 14 (20 ILCS 2605/2605-315 new) 15 (was 20 ILCS 2605/55a, subdiv. (A)34) (from Ch. 127, par. 16 55a) 17 Sec. 2605-315. Criminal history record information for 18 Department of Children and Family Services.34.Upon the 19 request of the Department of Children and Family Services, 20 the Department of State Police shall provide properly 21 designated employees of the Department of Children and Family 22 Services with criminal history record information as defined 23 in the Illinois Uniform Conviction Information Act and 24 information maintained in the statewide central juvenile 25 recordsrecordsystem as defined insubdivision (A)19 of this26Section 2605-355 if the Department of Children and Family 27 Services determines the information is necessary to perform 28 its duties under the Abused and Neglected Child Reporting 29 Act, the Child Care Act of 1969, and the Children and Family 30 Services Act. The request shall be in the form and manner 31 specified by the Department of State Police. 32 (Source: P.A. 89-54, eff. 6-30-95; 90-18, eff. 7-1-97; 33 90-130, eff. 1-1-98; 90-372, eff. 7-1-98; 90-590, eff. HB0236 Engrossed -386- LRB9100031DJcdA 1 1-1-00; 90-655, eff. 7-30-98; 90-793, eff. 8-14-98; revised 2 10-6-98.) 3 (20 ILCS 2605/2605-320 new) 4 (was 20 ILCS 2605/55a, subdiv. (A)36) (from Ch. 127, par. 5 55a) 6 Sec. 2605-320. Criminal history information for 7 Department of Human Services.36.Upon request of the 8 Department of Human Services, to conduct an assessment and 9 evaluation of sexually violent persons as mandated by the 10 Sexually Violent Persons Commitment Act, the Department shall 11 furnish criminal history information maintained on the 12 requested person. The request shall be in the form and 13 manner specified by the Department. 14 (Source: P.A. 89-54, eff. 6-30-95; 90-18, eff. 7-1-97; 15 90-130, eff. 1-1-98; 90-372, eff. 7-1-98; 90-590, eff. 16 1-1-00; 90-655, eff. 7-30-98; 90-793, eff. 8-14-98; revised 17 10-6-98.) 18 (20 ILCS 2605/2605-325 new) 19 (was 20 ILCS 2605/55a, subdiv. (A)25) (from Ch. 127, par. 20 55a) 21 Sec. 2605-325. Conviction information for school board or 22 regional superintendent.25.On request of a school board or 23 regional superintendent of schools, to conduct an inquiry 24 pursuant to Section 10-21.9 or 34-18.5 of the School Code to 25 ascertain whetherifan applicant for employment in a school 26 district has been convicted of any criminal or drug offenses 27 enumerated in Section 10-21.9 or 34-18.5 of the School Code. 28 The Department shall furnish thesuchconviction information 29 to the president of the school board of the school district 30 thatwhichhas requested the information,or, if the 31 information was requested by the regional superintendent, to 32 that regional superintendent. HB0236 Engrossed -387- LRB9100031DJcdA 1 (Source: P.A. 89-54, eff. 6-30-95; 90-18, eff. 7-1-97; 2 90-130, eff. 1-1-98; 90-372, eff. 7-1-98; 90-590, eff. 3 1-1-00; 90-655, eff. 7-30-98; 90-793, eff. 8-14-98; revised 4 10-6-98.) 5 (20 ILCS 2605/2605-335 new) 6 (was 20 ILCS 2605/55a, subdiv. (A)28) (from Ch. 127, par. 7 55a) 8 Sec. 2605-335. Conviction information for private child 9 services organization.28.Upon the request of any private 10 organization thatwhichdevotes a major portion of its time 11 to the provision of recreational, social, educational, or 12 child safety services to children, to conduct, pursuant to 13 positive identification, criminal background investigations 14 of all of that organization's current employees, current 15 volunteers, prospective employees, or prospective volunteers 16 charged with the care and custody of children during the 17 provision of the organization's services, and to report to 18 the requesting organization any record of convictions 19 maintained in the Department's files about thosesuch20 persons. The Department shall charge an application fee, 21 based on actual costs, for the dissemination of conviction 22 information pursuant to this Sectionsubsection. The 23 Department is empowered to establish this fee and shall 24 prescribe the form and manner for requesting and furnishing 25 conviction information pursuant to this Sectionsubsection. 26 Information received by the organization from the 27 Department concerning an individual shall be provided to the 28suchindividual. Any such information obtained by the 29 organization shall be confidential and may not be transmitted 30 outside the organization and may not be transmitted to anyone 31 within the organization except as needed for the purpose of 32 evaluating the individual. Only information and standards 33 thatwhichbear a reasonable and rational relation to the HB0236 Engrossed -388- LRB9100031DJcdA 1 performance of child care shall be used by the organization. 2 Any employee of the Department or any member, employee, 3 or volunteer of the organization receiving confidential 4 information under this Sectionsubsectionwho gives or causes 5 to be given any confidential information concerning any 6 criminal convictions of an individual shall be guilty of a 7 Class A misdemeanor unless release of thesuchinformation is 8 authorized by this Sectionsubsection. 9 (Source: P.A. 89-54, eff. 6-30-95; 90-18, eff. 7-1-97; 10 90-130, eff. 1-1-98; 90-372, eff. 7-1-98; 90-590, eff. 11 1-1-00; 90-655, eff. 7-30-98; 90-793, eff. 8-14-98; revised 12 10-6-98.) 13 (20 ILCS 2605/2605-340 new) 14 (was 20 ILCS 2605/55a, subdiv. (A)32) (from Ch. 127, par. 15 55a) 16 Sec. 2605-340. Conviction information for private carrier 17 company under Metropolitan Transit Authority Act.32.Upon 18 the request of a private carrier company that provides 19 transportation under Section 28b of the Metropolitan Transit 20 Authority Act, to ascertain whetherifan applicant for a 21 driver position has been convicted of any criminal or drug 22 offense enumerated in that Section28b of the Metropolitan23Transit Authority Act. The Department shall furnish the 24 conviction information to the private carrier company that 25 requested the information. 26 (Source: P.A. 89-54, eff. 6-30-95; 90-18, eff. 7-1-97; 27 90-130, eff. 1-1-98; 90-372, eff. 7-1-98; 90-590, eff. 28 1-1-00; 90-655, eff. 7-30-98; 90-793, eff. 8-14-98; revised 29 10-6-98.) 30 (20 ILCS 2605/2605-350 new) 31 (was 20 ILCS 2605/55a, subdiv. (A)18) (from Ch. 127, par. 32 55a) HB0236 Engrossed -389- LRB9100031DJcdA 1 Sec. 2605-350. Juveniles; police contact record keeping 2 system.18.To develop a separate statewide statistical 3 police contact record keeping system for the study of 4 juvenile delinquency. The records of this police contact 5 system shall be limited to statistical information. No 6 individually identifiable information shall be maintained in 7 the police contact statistical record system. 8 (Source: P.A. 89-54, eff. 6-30-95; 90-18, eff. 7-1-97; 9 90-130, eff. 1-1-98; 90-372, eff. 7-1-98; 90-590, eff. 10 1-1-00; 90-655, eff. 7-30-98; 90-793, eff. 8-14-98; revised 11 10-6-98.) 12 (20 ILCS 2605/2605-355 new) 13 (was 20 ILCS 2605/55a, subdiv. (A)19) (from Ch. 127, par. 14 55a) 15 Sec. 2605-355. Delinquent minors; statewide central 16 juvenile records system.19.To develop a separate statewide 17 central juvenile records system for persons arrested prior to 18 the age of 17 under Section 5-401 of the Juvenile Court Act 19 of 1987 or adjudicated delinquent minors and to make 20 information available to local law enforcement officers so 21 that law enforcement officers will be able to obtain rapid 22 access to the background of the minor from other 23 jurisdictions to the end that the juvenile police officers 24 can make appropriate decisions thatwhichwill best serve the 25 interest of the child and the community. The Department 26 shall submit a quarterly report to the General Assembly and 27 Governor. The reportwhichshall contain the number of 28 juvenile records that the Department has received in that 29 quarter and,a list, by category, of offenses that minors 30 were arrested for or convicted of by age, race, and gender. 31 (Source: P.A. 89-54, eff. 6-30-95; 90-18, eff. 7-1-97; 32 90-130, eff. 1-1-98; 90-372, eff. 7-1-98; 90-590, eff. 33 1-1-00; 90-655, eff. 7-30-98; 90-793, eff. 8-14-98; revised HB0236 Engrossed -390- LRB9100031DJcdA 1 10-6-98.) 2 (20 ILCS 2605/2605-360 new) 3 (was 20 ILCS 2605/55a, subdiv. (A)20) (from Ch. 127, par. 4 55a) 5 Sec. 2605-360. Rules for confidentiality of juvenile 6 records.20.To develop rules thatwhichguarantee the 7 confidentiality of thesuchindividually identifiable 8 juvenile records described in Section 2605-355 except to 9 juvenile authorities who request information concerning the 10 minor and who certify in writing that the information will 11 not be disclosed to any other party except as provided under 12 law or order of court. For purposes of this Section, 13 "juvenile authorities" means: 14 (1)(i)A judge of the circuit court and members of 15 the staff of the court designated by the judge.;16 (2)(ii)Parties to the proceedings under the 17 Juvenile Court Act of 1987 and their attorneys.;18 (3)(iii)Probation officers and court appointed 19 advocates for the juvenile authorized by the judge 20 hearing the case.;21 (4)(iv)Any individual or,public orofprivate 22 agency having custody of the child pursuant to court 23 order.;24 (5)(v)Any individual or,public or private agency 25 providing education, medical, or mental health services 26serviceto the child when the requested information is 27 needed to determine the appropriate service or treatment 28 for the minor.;29 (6)(vi)Any potential placement provider when the 30suchrelease is authorized by the court for the limited 31 purpose of determining the appropriateness of the 32 potential placement.;33 (7)(vii)Law enforcement officers and prosecutors.;HB0236 Engrossed -391- LRB9100031DJcdA 12 (8)(viii)Adult and juvenile prisoner review boards 3 .;4 (9)(ix)Authorized military personnel.;5 (10)(x)Individuals authorized by court.;6 (11)(xi)The Illinois General Assembly or any 7 committee or commission of the General Assemblythereof. 8 (Source: P.A. 89-54, eff. 6-30-95; 90-18, eff. 7-1-97; 9 90-130, eff. 1-1-98; 90-372, eff. 7-1-98; 90-590, eff. 10 1-1-00; 90-655, eff. 7-30-98; 90-793, eff. 8-14-98; revised 11 10-6-98.) 12 (20 ILCS 2605/2605-365 new) 13 (was 20 ILCS 2605/55a, subdiv. (A)21) (from Ch. 127, par. 14 55a) 15 Sec. 2605-365. Access to juvenile records by minors and 16 others.21.To develop administrative rules and 17 administrative hearing procedures thatwhichallow a minor, 18 his or her attorney, and his or her parents or guardian 19 access to individually identifiable juvenile records for the 20 purpose of determining or challenging the accuracy of the 21 records. Final administrative decisions shall be subject to 22 the provisions of the Administrative Review Law. 23 (Source: P.A. 89-54, eff. 6-30-95; 90-18, eff. 7-1-97; 24 90-130, eff. 1-1-98; 90-372, eff. 7-1-98; 90-590, eff. 25 1-1-00; 90-655, eff. 7-30-98; 90-793, eff. 8-14-98; revised 26 10-6-98.) 27 (20 ILCS 2605/2605-375 new) 28 (was 20 ILCS 2605/55a, subdiv. (A)24) (from Ch. 127, par. 29 55a) 30 Sec. 2605-375. Missing persons; Law Enforcement Agencies 31 Data System (LEADS).24.32 (a) To establish and maintain a statewide Law HB0236 Engrossed -392- LRB9100031DJcdA 1 Enforcement Agencies Data System (LEADS) for the purpose of 2 providing electronic access by authorized entities to 3 criminal justice data repositories and effecting an immediate 4 law enforcement response to reports of missing persons, 5 including lost, missing or runaway minors. The Department 6 shall implement an automatic data exchange system to compile, 7 to maintain, and to make available to other law enforcement 8 agencies for immediate dissemination data thatwhichcan 9 assist appropriate agencies in recovering missing persons and 10 provide access by authorized entities to various data 11 repositories available through LEADS for criminal justice and 12 related purposes. Tohelpassist the Department in this 13 effort, funds may be appropriated from the LEADS Maintenance 14 Fund. 15 (b) In exercising its duties under this Section 16subsection, the Department shall do the following: 17 (1) Provide a uniform reporting format for the 18 entry of pertinent information regarding the report of a 19 missing person into LEADS.;20 (2) Develop and implement a policy whereby a 21 statewide or regional alert would be used in situations 22 relating to the disappearances of individuals, based on 23 criteria and in a format established by the Department. 24 Such a format shall include, but not be limited to, the 25 age of the missing person and the suspected circumstance 26 of the disappearance.;27 (3) Notify all law enforcement agencies that 28 reports of missing persons shall be entered as soon as 29 the minimum level of data specified by the Department is 30 available to the reporting agency,and that no waiting 31 period for the entry of thesuchdata exists.;32 (4) Compile and retain information regarding lost, 33 abducted, missing, or runaway minors in a separate data 34 file, in a manner that allows thatsuchinformation to be HB0236 Engrossed -393- LRB9100031DJcdA 1 used by law enforcement and other agencies deemed 2 appropriate by the Director, for investigative purposes. 3 TheSuchinformation shall include the disposition of all 4 reported lost, abducted, missing, or runaway minor cases. 5;6 (5) Compile and maintain an historic data 7 repository relating to lost, abducted, missing, or 8 runaway minors and other missing persons in order to 9 develop and improve techniques utilized by law 10 enforcement agencies when responding to reports of 11 missing persons.; and12 (6) Create a quality control program regarding 13 confirmation of missing person data, timeliness of 14 entries of missing person reports into LEADS, and 15 performance audits of all entering agencies. 16 (Source: P.A. 89-54, eff. 6-30-95; 90-18, eff. 7-1-97; 17 90-130, eff. 1-1-98; 90-372, eff. 7-1-98; 90-590, eff. 18 1-1-00; 90-655, eff. 7-30-98; 90-793, eff. 8-14-98; revised 19 10-6-98.) 20 (20 ILCS 2605/2605-377 new) 21 (was 20 ILCS 2605/55a, subdiv. (A)35) (from Ch. 127, par. 22 55a) 23 Sec. 2605-377. Department of Public Aid; LEADS access. 2435.The Illinois Department of Public Aid is an authorized 25 entity under this LawSectionfor the purpose of exchanging 26 information, in the form and manner required by the 27 Department of State Police,obtaining access to various data28repositories available through LEADS,to facilitate the 29 location of individuals for establishing paternity, and 30 establishing, modifying, and enforcing child support 31 obligations, pursuant to the Illinois Public Aid Code and 32 Title IV, Part D of the Social Security Act.The Department33shall enter into an agreement with the Illinois Department ofHB0236 Engrossed -394- LRB9100031DJcdA 1Public Aid consistent with these purposes.2 (Source: P.A. 89-54, eff. 6-30-95; 90-18, eff. 7-1-97; 3 90-130, eff. 1-1-98; 90-372, eff. 7-1-98; 90-590, eff. 4 1-1-00; 90-655, eff. 7-30-98; 90-793, eff. 8-14-98; revised 5 10-6-98.) 6 (20 ILCS 2605/2605-380 new) 7 (was 20 ILCS 2605/55a-8) (from Ch. 127, par. 55a-8) 8 Sec. 2605-380. Dental records.55a-8.The Departmentof9State Policeshall do the following: 10 (1)(a)Operate a State central repository for 11 dental records of missing persons and unidentified dead 12 bodies.;13 (2)(b)Receive and file dental records submitted by 14 county medical examiners and coroners from unidentified 15 dead bodies and submitted by law enforcement agencies 16 from persons reported missing for more than 30 days.;17 (3)(c)Provide information from the file on 18 possible identifications resulting from the comparison of 19 dental records submitted with those records on file, to 20 county medical examiners, coroners, and law enforcement 21 agencies.; and22 (4)(d)Expunge the dental records of those missing 23 persons who are found, and expunge from the file the 24 dental records of missing persons who are positively 25 identified as a result of comparisons made with this file 26 or,the files maintained by other states, territories, 27 insular possessions of the United States, or the United 28 States. 29 (Source: P.A. 84-1308.) 30 (20 ILCS 2605/2605-390 new) 31 (was 20 ILCS 2605/55a, subdiv. (A)31) (from Ch. 127, par. 32 55a) HB0236 Engrossed -395- LRB9100031DJcdA 1 Sec. 2605-390. Hate crimes.31.2 (a) To collect and disseminate information relating to 3 "hate crimes" as defined under Section 12-7.1 of the Criminal 4 Code of 1961 contingent upon the availability of State or 5 federal funds to revise and upgrade the Illinois Uniform 6 Crime Reporting System. All law enforcement agencies shall 7 report monthly to the Departmentof State Policeconcerning 8 thosesuchoffenses in thesuchform and in thesuchmanner 9as may beprescribed by rules and regulations adopted by the 10 Departmentof State Police. TheSuchinformation shall be 11 compiled by the Department and be disseminated upon request 12 to any local law enforcement agency, unit of local 13 government, or State agency. Dissemination of thesuch14 information shall be subject to all confidentiality 15 requirements otherwise imposed by law. 16 (b) The Departmentof State Policeshall provide 17 training for State Police officers in identifying, responding 18 to, and reporting all hate crimes. The Illinois Law 19 Enforcement Training Standards Board shall develop and 20 certify a course of such training to be made available to 21 local law enforcement officers. 22 (Source: P.A. 89-54, eff. 6-30-95; 90-18, eff. 7-1-97; 23 90-130, eff. 1-1-98; 90-372, eff. 7-1-98; 90-590, eff. 24 1-1-00; 90-655, eff. 7-30-98; 90-793, eff. 8-14-98; revised 25 10-6-98.) 26 (20 ILCS 2605/2605-400 new) 27 (was 20 ILCS 2605/55a, subdiv. (A)22) (from Ch. 127, par. 28 55a) 29 Sec. 2605-400. Fees; State Police Services Fund; audit. 3022.31 (a) To charge, collect, and receive fees or moneys 32 equivalent to the cost of providing Departmentof State33Policepersonnel, equipment, and services to local HB0236 Engrossed -396- LRB9100031DJcdA 1 governmental agencies when explicitly requested by a local 2 governmental agency and pursuant to an intergovernmental 3 agreement as provided by this LawSection, other State 4 agencies, and federal agencies, including but not limited to 5 fees or moneys equivalent to the cost of providing 6 dispatching services, radio and radar repair, and training to 7 local governmental agencies onsuchterms and conditions that 8asin the judgment of the Director are in the best interest 9 of the State; and to establish, charge, collect, and receive 10 fees or moneys based on the cost of providing responses to 11 requests for criminal history record information pursuant to 12 positive identification and any Illinois or federal law 13 authorizing access to some aspect of thatsuchinformation 14 and to prescribe the form and manner for requesting and 15 furnishing thesuchinformation to the requestor onsuch16 terms and conditions thatasin the judgment of the Director 17 are in the best interest of the State, provided fees for 18 requesting and furnishing criminal history record information 19 may be waived for requests in the due administration of the 20 criminal laws. The Department may also charge, collect, and 21 receive fees or moneys equivalent to the cost of providing 22 electronic data processing lines or related telecommunication 23 services to local governments, but only when thosesuch24 services can be provided by the Department at a cost less 25 than that experienced by thosesaidlocal governments through 26 other means. All services provided by the Department shall be 27 conducted pursuant to contracts in accordance with the 28 Intergovernmental Cooperation Act, and all telecommunication 29 services shall be provided pursuant to the provisions of 30 Section 405-27067.18of the Department of Central Management 31 Services Law (20 ILCS 405/405-270)this Code. 32 (b) All fees received by the Departmentof State Police33 under the Civil Administrative Code of Illinoisthis Actor 34 the Illinois Uniform Conviction Information Act shall be HB0236 Engrossed -397- LRB9100031DJcdA 1 deposited in a special fund in the State treasury to be known 2 as the State Police Services Fund. The money deposited in the 3 State Police Services Fund shall be appropriated to the 4 Departmentof State Policefor expenses of the Departmentof5State Police. 6 (c) Upon the completion of any audit of the Department 7of State Policeas prescribed by the Illinois State Auditing 8 Act, which audit includes an audit of the State Police 9 Services Fund, the Departmentof State Policeshall make the 10 audit open to inspection by any interested person. 11 (Source: P.A. 89-54, eff. 6-30-95; 90-18, eff. 7-1-97; 12 90-130, eff. 1-1-98; 90-372, eff. 7-1-98; 90-590, eff. 13 1-1-00; 90-655, eff. 7-30-98; 90-793, eff. 8-14-98; revised 14 10-6-98.) 15 (20 ILCS 2605/2605-405 new) 16 (was 20 ILCS 2605/55a, subdiv. (A)33) (from Ch. 127, par. 17 55a) 18 Sec. 2605-405. Applying for grants or contracts; moneys 19 from other entities.33.To apply for grants or contracts 20 and,receive, expend, allocate, or disburse funds and moneys 21 made available by public or private entities, including, but 22 not limited to, contracts, bequests, grants, or receiving 23 equipment from corporations, foundations, or public or 24 private institutions of higher learning. All funds received 25 by the Department from these sources shall be deposited into 26 the appropriate fund in the State treasury to be appropriated 27 to the Department for purposes as indicated by the grantor or 28 contractor or, in the case of funds or moneys bequeathed or 29 granted for no specific purpose, for any purposeasdeemed 30 appropriate by the Director in administering the 31 responsibilities of the Department. 32 (Source: P.A. 89-54, eff. 6-30-95; 90-18, eff. 7-1-97; 33 90-130, eff. 1-1-98; 90-372, eff. 7-1-98; 90-590, eff. HB0236 Engrossed -398- LRB9100031DJcdA 1 1-1-00; 90-655, eff. 7-30-98; 90-793, eff. 8-14-98; revised 2 10-6-98.) 3 (20 ILCS 2605/2605-420 new) 4 (was 20 ILCS 2605/55a, subdiv. (A)16) (from Ch. 127, par. 5 55a) 6 Sec. 2605-420. Assisting victims and witnesses of gang 7 crime.16.To assist victims and witnesses in gang crime 8 prosecutions through the administration of funds appropriated 9 from the Gang Violence Victims and Witnesses Fund to the 10 Department. ThoseSuchfunds shall be appropriated to the 11 Department and shall only be used to assist victims and 12 witnesses in gang crime prosecutions. Theand suchassistance 13 may include any of the following: 14 (1)(a)Temporary living costs.;15 (2)(b)Moving expenses.;16 (3)(c)Closing costs on the sale of a private 17 residence.;18 (4)(d)First month's rent.;19 (5)(e)Security deposits.;20 (6)(f)Apartment location assistance.;21 (7)(g)Other expenses thatwhichthe Department 22 considers appropriate.; and23 (8)(h)Compensation for any loss of or injury to 24 real or personal property resulting from a gang crime to 25 a maximum of $5,000, subject to the following provisions: 26 (A)(1)In the case of loss of property, the 27 amount of compensation shall be measured by the 28 replacement cost of similar or like property that 29whichhas been incurred by and thatwhichis 30 substantiated by the property owner.,31 (B)(2)In the case of injury to property, the 32 amount of compensation shall be measured by the cost 33 of repair incurred and thatwhichcan be HB0236 Engrossed -399- LRB9100031DJcdA 1 substantiated by the property owner.,2 (C)(3)Compensation under this provision is a 3 secondary source of compensation and shall be 4 reduced by any amount the property owner receives 5 from any other source as compensation for the loss 6 or injury, including, but not limited to, personal 7 insurance coverage.,8 (D)(4)No compensation may be awarded if the 9 property owner was an offender or an accomplice of 10 the offender,or if the award would unjustly benefit 11 the offender or offenders,or an accomplice of the 12 offender or offenders. 13 No victim or witness may receivesuchassistance under 14 this Section if he or she is not a part of or fails to fully 15 cooperate in the prosecution of gang crime members by law 16 enforcement authorities. 17 The Department shall promulgate any rules necessary for 18 the implementation of this amendatory Act of 1985. 19 (Source: P.A. 89-54, eff. 6-30-95; 90-18, eff. 7-1-97; 20 90-130, eff. 1-1-98; 90-372, eff. 7-1-98; 90-590, eff. 21 1-1-00; 90-655, eff. 7-30-98; 90-793, eff. 8-14-98; revised 22 10-6-98.) 23 (20 ILCS 2605/2605-430 new) 24 (was 20 ILCS 2605/55a, subdiv. (A)7) (from Ch. 127, par. 25 55a) 26 Sec. 2605-430. Assistance to local law enforcement 27 agencies.7.To provide, asmay berequired by law, 28 assistance to local law enforcement agencies through (i)(a)29 training, management, and consultant services for local law 30 enforcement agencies,and (ii)(b)the pursuit of research 31 and the publication of studies pertaining to local law 32 enforcement activities. 33 (Source: P.A. 89-54, eff. 6-30-95; 90-18, eff. 7-1-97; HB0236 Engrossed -400- LRB9100031DJcdA 1 90-130, eff. 1-1-98; 90-372, eff. 7-1-98; 90-590, eff. 2 1-1-00; 90-655, eff. 7-30-98; 90-793, eff. 8-14-98; revised 3 10-6-98.) 4 (20 ILCS 2605/2605-435 new) 5 (was 20 ILCS 2605/55a, subdiv. (A)27) (from Ch. 127, par. 6 55a) 7 Sec. 2605-435. Electronic criminal surveillance; 8 assistance to local authorities.27.To do the following: 9 (1)(a)Promulgate rules pertaining to the 10 certification, revocation of certification, and training 11 of law enforcement officers as electronic criminal 12 surveillance officers.,13 (2)(b)Provide training and technical assistance 14 to State's Attorneys and local law enforcement agencies 15 pertaining to the interception of private oral 16 communications.,17 (3)(c)Promulgate rules necessary for the 18 administration of Article 108B of the Code of Criminal 19 Procedure of 1963, including but not limited to standards 20 for recording and minimization of electronic criminal 21 surveillance intercepts, documentation required to be 22 maintained during an intercept, and procedures in 23 relation to evidence developed by an intercept., and24 (4)(d)Charge a reasonable fee to each law 25 enforcement agency that sends officers to receive 26 training as electronic criminal surveillance officers. 27 (Source: P.A. 89-54, eff. 6-30-95; 90-18, eff. 7-1-97; 28 90-130, eff. 1-1-98; 90-372, eff. 7-1-98; 90-590, eff. 29 1-1-00; 90-655, eff. 7-30-98; 90-793, eff. 8-14-98; revised 30 10-6-98.) 31 (20 ILCS 2605/2605-500 new) 32 (was 20 ILCS 2605/55a, subdiv. (A)6) (from Ch. 127, par. HB0236 Engrossed -401- LRB9100031DJcdA 1 55a) 2 Sec. 2605-500. Communication activities.6.To do the 3 following: 4 (1)(a)Acquire and operate one or more radio 5 broadcasting stations in the State to be used for police 6 purposes.,7 (2)(b)Operate a statewide communications network 8 to gather and disseminate information for law enforcement 9 agencies.,10 (3)(c)Operate an electronic data processing and 11 computer center for the storage and retrieval of data 12 pertaining to criminal activity., and13 (4)(d)Undertakesuchother communication 14 activities thatasmay be required by law. 15 (Source: P.A. 89-54, eff. 6-30-95; 90-18, eff. 7-1-97; 16 90-130, eff. 1-1-98; 90-372, eff. 7-1-98; 90-590, eff. 17 1-1-00; 90-655, eff. 7-30-98; 90-793, eff. 8-14-98; revised 18 10-6-98.) 19 (20 ILCS 2605/2605-505 new) 20 (was 20 ILCS 2605/55b) (from Ch. 127, par. 55b) 21 Sec. 2605-505. Local citizens radio groups.55b.The 22 Departmentof State Policeis authorized to use local 23 citizens radio groups in connection with its communication 24 duties under the Civil Administrative Code of Illinoisthis25Act,and to coordinate thosesuchlocal citizenscitizen26 radio groups with the functions of local law enforcement 27 agencies as the Department deems advisable. With the 28 approval of the Department, thosesuchlocal citizens radio 29 groups shall be eligible for law enforcement grants. 30 (Source: P.A. 84-25.) 31 (20 ILCS 2605/2605-525 new) 32 (was 20 ILCS 2605/55a, subdiv. (A)13) (from Ch. 127, par. HB0236 Engrossed -402- LRB9100031DJcdA 1 55a) 2 Sec. 2605-525. Furlough of inmates to State agencies for 3 research.13.With the written approval of the Governor, to 4 enter into agreements with other departments created by the 5 Civil Administrative Code of Illinoisthis Act,for the 6 furlough of inmates of the penitentiary to thosesuchother 7 departments for their use in research programs being 8 conducted by them. 9 For the purpose of participating in thosesuchresearch 10 projects, the Department may extend the limits of any 11 inmate's place of confinement,when there is reasonable cause 12 to believe that the inmate will honor his or her trust by 13 authorizing the inmate, under prescribed conditions, to leave 14 the confines of the place unaccompanied by a custodial agent 15 of the Department. The Department shall make rules governing 16 (i) the transfer of the inmate to the requesting other 17 department having the approved research project,and (ii) the 18 return of thesuchinmate to the unextended confines of the 19 penitentiary. TheSuchtransfer shall be made only with the 20 consent of the inmate. 21 The willful failure of a prisoner to remain within the 22 extended limits of his or her confinement or to return within 23 the time or manner prescribed to the place of confinement 24 designated by the Department in granting thesuchextension 25 shall be deemed an escape from custody of the Department and 26 punishable as provided in Section 3-6-4 of the Unified Code 27 of Corrections. 28 (Source: P.A. 89-54, eff. 6-30-95; 90-18, eff. 7-1-97; 29 90-130, eff. 1-1-98; 90-372, eff. 7-1-98; 90-590, eff. 30 1-1-00; 90-655, eff. 7-30-98; 90-793, eff. 8-14-98; revised 31 10-6-98.) 32 (20 ILCS 2605/2605-550 new) 33 (was 20 ILCS 2605/55a, subdiv. (A)12) (from Ch. 127, par. HB0236 Engrossed -403- LRB9100031DJcdA 1 55a) 2 Sec. 2605-550. Transfer of realty to State agency; 3 acquisition of federal land.12.To transfer jurisdiction of 4 any realty title to which is held by the State of Illinois 5 under the control of the Department to any other department 6 of the State government or to the State Employees Housing 7 Commission,or to acquire or accept federal land,when the 8suchtransfer, acquisition, or acceptance is advantageous to 9 the State and is approved in writing by the Governor. 10 (Source: P.A. 89-54, eff. 6-30-95; 90-18, eff. 7-1-97; 11 90-130, eff. 1-1-98; 90-372, eff. 7-1-98; 90-590, eff. 12 1-1-00; 90-655, eff. 7-30-98; 90-793, eff. 8-14-98; revised 13 10-6-98.) 14 (20 ILCS 2705/Art. 2705 heading new) 15 ARTICLE 2705. DEPARTMENT OF TRANSPORTATION 16 (20 ILCS 2705/2705-1 new) 17 Sec. 2705-1. Article short title. This Article 2705 of 18 the Civil Administrative Code of Illinois may be cited as the 19 Department of Transportation Law. 20 (20 ILCS 2705/2705-5 new) 21 Sec. 2705-5. Definitions. In this Law: 22 "Department" means the Department of Transportation. 23 "Secretary" means the Secretary of Transportation. 24 (20 ILCS 2705/2705-10 new) 25 (was 20 ILCS 2705/49, in part) (from Ch. 127, par. 49) 26 Sec. 2705-10. Powers, generally. The Departmentof27Transportationhas the powers enumerated in the following 28 Sections49.01a through 49.31. 29 (Source: P.A. 86-610.) HB0236 Engrossed -404- LRB9100031DJcdA 1 (20 ILCS 2705/2705-15 new) 2 (was 20 ILCS 2705/49, in part, and 2705/49.23) (from Ch. 3 127, pars. 49 and 49.23) 4 Sec. 2705-15. Administrative organization. (a)49.The 5 Secretaryof the Department of Transportationmay create and 6 establish offices, divisions, and administrative units as 7 necessary for the efficient administration and operation of 8 the Department and may assign functions, powers, and duties 9 to the several offices, divisions, and administrative units 10 in the Department. 11 (b) The Department has the power49.23.to establish the 12suchadministrative organization within the Department that 13asis required to carry out the powers, duties, and functions 14 of the Department and best utilize the personnel, skills, 15 facilities, and resources of the Department and,its offices, 16 divisions, and agencies. 17 (Source: P.A. 77-153; 86-610.) 18 (20 ILCS 2705/2705-90 new) 19 (was 20 ILCS 2705/49.31) (from Ch. 127, par. 49.31) 20 Sec. 2705-90. Criminal history record information from 21 Department of State Police.49.31.Whenever the Department is 22 authorized or required by law to consider some aspect of 23 criminal history record information for the purpose of 24 carrying out its statutory powers and responsibilities, then, 25 upon request and payment of fees in conformance with the 26 requirements ofsubsection 22 ofSection 2605-40055aof the 27 Department of State Police Law (20 ILCS 2605/2605-400)"The28Civil Administrative Code of Illinois", the Department of 29 State Police is authorized to furnish, pursuant to positive 30 identification, thesuchinformation contained in State files 31 thatasis necessary to fulfill the request. 32 (Source: P.A. 86-610.) HB0236 Engrossed -405- LRB9100031DJcdA 1 (20 ILCS 2705/2705-100 new) 2 (was 20 ILCS 2705/49.01a) (from Ch. 127, par. 49.01a) 3 Sec. 2705-100. Aeronautics; transfer from Department of 4 Aeronautics. The Department has the power49.01a.to 5 exercise, administer, and enforce, through a Division of 6 Aeronautics, all rights, powers, and duties vested in the 7 Department of Aeronautics by the Illinois Aeronautics Act. 8 The Department has the power"An Act relating to aeronautics9and repealing a certain act herein named", approved July 24,101945, as amended, andto regulate and supervise aeronautics 11 in this State and to administer and enforce all laws of this 12 State pertaining to aeronautics. 13 (Source: P.A. 78-479.) 14 (20 ILCS 2705/2705-105 new) 15 (was 20 ILCS 2705/49.06a) (from Ch. 127, par. 49.06a) 16 Sec. 2705-105. Bridge and ferry operation; transfer from 17 Department of Public Works and Buildings. The Department has 18 the power49.06a.to exercise, administer, and enforce the 19 rights, powers, and duties vested in the Department of Public 20 Works and Buildings by any law relating to the operation of 21 bridges and ferries. 22 (Source: P.A. 89-445, eff. 2-7-96.) 23 (20 ILCS 2705/2705-110 new) 24 (was 20 ILCS 2705/49.07a) (from Ch. 127, par. 49.07a) 25 Sec. 2705-110. Motor vehicles; transfer from Department 26 of Public Works and Buildings. The Department has the power 2749.07a.to exercise, administer, and enforce all rights, 28 powers, and duties vested in the Department of Public Works 29 and Buildings by the"Illinois Vehicle Code," approved30September 29, 1969, as amended or any law relating to motor31vehicles. 32 (Source: P.A. 77-153.) HB0236 Engrossed -406- LRB9100031DJcdA 1 (20 ILCS 2705/2705-115 new) 2 (was 20 ILCS 2705/49.08a) (from Ch. 127, par. 49.08a) 3 Sec. 2705-115. Roads and bridges; transfer from 4 Department of Public Works and Buildings. The Department has 5 the power49.08a.to exercise, administer, and enforce all 6 rights, powers, and duties vested in the Department of Public 7 Works and Buildings by the"Illinois Highway Code", approved8June 8, 1959, as amended,and any other law relating to 9 roads, streets, and bridges and toll highways. 10 (Source: P.A. 77-153.) 11 (20 ILCS 2705/2705-120 new) 12 (was 20 ILCS 2705/49.11) (from Ch. 127, par. 49.11) 13 Sec. 2705-120. Transfer of other rights, powers, and 14 duties from Department of Public Works and Buildings. The 15 Department has the power49.11.to exercise all rights, 16 powers, and duties vested by law in the Department of Public 17 Works and Buildings and in the Director of Public Works and 18 Buildings not otherwise expressly transferred to and vested 19 in another department. 20 (Source: P.A. 77-153.) 21 (20 ILCS 2705/2705-125 new) 22 (was 20 ILCS 2705/49.22) (from Ch. 127, par. 49.22) 23 Sec. 2705-125. Safety inspection of motor vehicles; 24 transfer from various State agencies. The Department has the 25 power49.22.to administer, exercise, and enforce the rights, 26 powers, and duties presently vested in the Department of 27 State Police and the Division of State Troopers under the 28"Illinois Vehicle Inspection Law,"in the Illinois Commerce 29 Commission, in the State Board of Education, and in the 30 Secretary of State under laws relating to the safety 31 inspection of motor vehicles operated by common carriers, of 32 school buses, and of motor vehicles used in the HB0236 Engrossed -407- LRB9100031DJcdA 1 transportation of school children and motor vehicles used in 2 driver training schools for hire licensed under Article IV of 3"the Illinois Driver Licensing Law",or under any other law 4 relating to the safety inspection of motor vehicles of the 5 second division as defined in"the Illinois Vehicle Code". 6 (Source: P.A. 84-25.) 7 (20 ILCS 2705/2705-175 new) 8 (was 20 ILCS 2705/49.24) (from Ch. 127, par. 49.24) 9 Sec. 2705-175. State employees; effect of transfer to 10 Department.49.24.The transfer to the Department of 11 Transportation of employees of the Department of Public Works 12 and Buildings,or of any other department, office, or agency 13 of the State,shall not affect the status of thosesuch14 employees under civil service, merit service, the"Personnel 15 Code", or other laws relating to State employees. 16 (Source: P.A. 77-153.) 17 (20 ILCS 2705/2705-200 new) 18 (was 20 ILCS 2705/49.16) (from Ch. 127, par. 49.16) 19 Sec. 2705-200.49.16.Master plan; reporting 20 requirements. 21 (a) The Department has the power to develop and maintain 22 a continuing, comprehensive, and integrated planning process 23 thatwhichshall develop and periodically revise a statewide 24 master plan for transportation to guide program development 25 and to foster efficient and economical transportation 26 services in ground, air, water, and all other modes of 27 transportation throughout the State. The Department shall 28 coordinate its transportation planning activities with those 29 of other State agencies and authorities,and shall supervise 30 and review any transportation planning performed by other 31 Executive agencies under the direction of the Governor. The 32 Department shall cooperate and participate with federal, HB0236 Engrossed -408- LRB9100031DJcdA 1 regional, interstate, State, and local agencies, in 2 accordance with Sections 5-301 and 7-301 of the Illinois 3 Highway Code, and with interested private individuals and 4 organizations,in the coordination of plans and policies for 5 development of the state's transportation system. 6 To meet the provisions of this Section, the Department 7 shall publish and deliver to the Governor and General 8 Assembly by January 1, 1982 and every 2 years thereafter, its 9 master plan for highway, waterway, aeronautic, mass 10 transportation, and railroad systems. The plan shall 11 identify priority subsystems or components of each system 12 thatwhichare critical to the economic and general welfare 13 of the State regardless of public jurisdictional 14 responsibility or private ownership. 15 The master plan shall provide particular emphasis and 16 detail of the 5 year period in the immediate future. 17 Annual and 5 year project programs for each State system 18 in this Section shall be published and furnished the General 19 Assembly on the first Wednesday in April of each year. 20 Identified needs included in the project programs shall 21 be listed and mapped in a distinctive fashion to clearly 22 identify the priority status of the projects: (1) projects to 23 be committed for execution; (2) tentative projects thatwhich24are dependent upon funding or other constraints; and (3) 25 needed projects thatwhichare not programmed due to lack of 26 funding or other constraints. 27 All projects shall be related to the priority systems of 28 the master plan, and the priority criteria identified. Cost 29 and estimated completion dates shall be included for work 30 required to complete a useable segment or component beyond 31 the 5 year period of the program. 32 (b) The Department shall publish and deliver to the 33 Governor and General Assembly on the first Wednesday in April 34 of each year a 5-year Highway Improvement Program reporting HB0236 Engrossed -409- LRB9100031DJcdA 1 the number of fiscal years each project has been on previous 2 5-year plans submitted by the Department. 3 (c) The Department shall publish and deliver to the 4 Governor and the General Assembly by November 1 of each year 5 a For the Record report that shall include the following: 6 (1) All the projects accomplished in the previous 7 fiscal year listed by each Illinois Department of 8 Transportation District.; and9 (2) The award cost and the beginning dates of each 10 listed project. 11 (Source: P.A. 90-277, eff. 1-1-98.) 12 (20 ILCS 2705/2705-205 new) 13 (was 20 ILCS 2705/49.21) (from Ch. 127, par. 49.21) 14 Sec. 2705-205. Study of demand for transportation. The 15 Department has the power,49.21.in cooperation with State 16 universities and other research oriented institutions, to 17 study the extent and nature of the demand for transportation 18 and to collect and assemble information regarding the most 19 feasible, technical and socio-economic solutions for meeting 20 that demand and the costs thereof. The Department has the 21 power to report to the Governor and the General Assembly, by 22 February 15 of each odd-numbered year, the results of the 23suchstudy and recommendations based on the studythereon. 24 The requirement for reporting to the General Assembly 25 shall be satisfied by filing copies of the report with the 26 Speaker, the Minority Leader, and the Clerk of the House of 27 Representatives and the President, the Minority Leader, and 28 the Secretary of the Senate and the Legislative Research 29 Unit, as required by Section 3.1 of"An Act to revise the law30in relation tothe General Assembly Organization Act",31approved February 25, 1874, as amended,and by filingsuch32 additional copies with the State Government Report 33 Distribution Center for the General Assembly as is required HB0236 Engrossed -410- LRB9100031DJcdA 1 under paragraph (t) of Section 7 of the State Library Act. 2 (Source: P.A. 84-1438.) 3 (20 ILCS 2705/2705-210 new) 4 (was 20 ILCS 2705/49.15) (from Ch. 127, par. 49.15) 5 Sec. 2705-210. Traffic control and prevention of 6 accidents. The Department has the power49.15.to develop, 7 consolidate, and coordinate effective programs and activities 8 for the advancement of driver education, for the facilitation 9 of the movement of motor vehicle traffic, and for the 10 protection and conservation of life and property on the 11 streets and highways of this State and to advise, recommend, 12 and consult with the several departments, divisions, boards, 13 commissions, and other agencies of this State in regard to 14 thosesuchprograms and activities. The Department has the 15 powerandto aid and assist the counties, cities, towns, and 16 other political subdivisions of this State in the control of 17 traffic and the prevention of traffic accidents. ThatSuch18 aid and assistance to counties, cities, towns, and other 19 political subdivisions of this State shall include assistance 20 with regard to planning, traffic flow, light synchronizing, 21 preferential lanes for carpools, and carpool parking 22 allocations. 23 (Source: P.A. 80-1016.) 24 (20 ILCS 2705/2705-215 new) 25 (was 20 ILCS 2705/49.27) (from Ch. 127, par. 49.27) 26 Sec. 2705-215.49.27.Cooperative utilization of 27 equipment and services of governmental entities and 28 not-for-profit organizations for the transportation needs in 29 public service programs. 30 (a) The Department is directed to encourage and assist 31 governmental entities, not-for-profit corporations, and 32 nonprofit community service associations, between or among HB0236 Engrossed -411- LRB9100031DJcdA 1 themselves, in the development of reasonable utilization of 2 transportation equipment and operational service in 3 satisfying the general and specialized public transportation 4 needs. 5 The Department shall develop and encourage cooperative 6 development, among all entities, of programs promoting 7 efficient service and,conservation of capital investment and 8 energy;and shall assist all entities in achieving their 9 goals and in their applications for transportation grants 10 under appropriate State or federal programs. 11 (b) Implementation of cooperative programs is to be 12 developed within the meaning of the provisions of the 13"Intergovernmental Cooperation Act", approved October 1,141973, as amended. In the circumstances of nongovernmental 15 entities, the Department shall be guided by thatsuchAct and 16 any other State law in encouraging thesuchcooperative 17 programs between thosesuchentities. 18 (c) The Department shall report to the members of the 19 General Assembly, by March 1 of each year, its successes, 20 failures and progress in achieving the intent of this 21 Section. The report shall also include identification of 22 problems as well as the Department'sitsrecommendations. 23 (Source: P.A. 81-1404.) 24 (20 ILCS 2705/2705-225 new) 25 (was 20 ILCS 2705/49.02a) (from Ch. 127, par. 49.02a) 26 Sec. 2705-225. Air transportation for State officers and 27 employees.49.02a.The Departmentof Transportationmay 28 provide air transportation for officers and employees of the 29 offices, departments, and agencies of the State government,30 and charge thesuchoffice, department, or agency for that 31suchtransportation. Charges for thesuchtransportation 32 shall not exceed the expenses incurred and costs involved in 33 providing air transportation,and may include expenses for HB0236 Engrossed -412- LRB9100031DJcdA 1 equipment, personnel, and operational expenses. 2 All requests for air transportation shall be made in 3 writing and shall be signed by the executive officer or 4 employee of the office, department, or agency. 5 Except as provided herein, all requests shall be filled 6 in the following priority: (1) the Governor, (2) the 7 Lieutenant Governor, (3) the legislative leaders of the 8 General Assembly, specifically, the President and minority 9 leader of the Senate and the Speaker and minority leader of 10 the House of Representatives, (4) the Judges of the Supreme 11 Court, (5) the Attorney General, (6) the Secretary of State, 12 (7) the Comptroller, (8) the Treasurer, (9) other members of 13 the General Assembly; and thereafter as provided by the 14 Departmentof Transportation. 15 (Source: P.A. 84-994; 84-1101.) 16 (20 ILCS 2705/2705-240 new) 17 (was 20 ILCS 2705/49.17) (from Ch. 127, par. 49.17) 18 Sec. 2705-240. Grants for capital assistance. The 19 Department has the power49.17.to administer the allocation 20 of State monies appropriated as grants for capital assistance 21 purposes in the manner prescribed by law. No transportation 22 program administered by any other Executive agency under the 23 direction of the Governor or project undertaken thereunder 24 shall be eligible for capital assistance from the State until 25 thatsuchprogram and project have been approved by the 26 Department. 27 (Source: P.A. 77-153.) 28 (20 ILCS 2705/2705-245 new) 29 (was 20 ILCS 2705/49.20) (from Ch. 127, par. 49.20) 30 Sec. 2705-245. Inspection of property and records of 31 applicants for and recipients of assistance.49.20.The 32 Department at reasonable times may inspect the property and HB0236 Engrossed -413- LRB9100031DJcdA 1 examine the books, records, and other information relating to 2 the nature or adequacy of services, facilities, or equipment 3 of any municipality, district, or carrier thatwhichis 4 receiving or has applied for assistance under this LawAct. 5 It may conduct investigations and hold hearings within or 6 without the State. This Section shall not affect the 7 regulatory power of any other State or local agency with 8 respect to transportation rates and services. Annual 9 statements of assets, revenues, and expenses and annual audit 10 reports shall be submitted to the Department by each 11 municipality, district, or carrier receiving or applying for 12 capital assistance from the State. 13 (Source: P.A. 77-153.) 14 (20 ILCS 2705/2705-255 new) 15 (was 20 ILCS 2705/49.14) (from Ch. 127, par. 49.14) 16 Sec. 2705-255. Appropriations from Build Illinois Bond 17 Fund and Build Illinois Purposes Fund.49.14.Any expenditure 18 of funds by the Department for interchanges, for access roads 19 to and from any State or local highway in Illinois, or for 20 other transportation capital improvements related to an 21 economic development project pursuant to appropriations to 22 the Department from the Build Illinois Bond Fund and the 23 Build Illinois Purposes Fund shall be used for funding 24 improvements related to existing or planned scientific, 25 research, manufacturing, or industrial development or 26 expansion in Illinois. In addition, the Department may use 27 thosesuchfunds to encourage and maximize public and private 28 participation in thosesuchimprovements. The Department 29 shall consult with the Department of Commerce and Community 30 Affairs prior to expending any funds for thosesuchpurposes 31 pursuant to appropriations from the Build Illinois Bond Fund 32 and the Build Illinois Purposes Fund. 33 (Source: P.A. 84-109.) HB0236 Engrossed -414- LRB9100031DJcdA 1 (20 ILCS 2705/2705-265 new) 2 (was 20 ILCS 2705/49.33) 3 Sec. 2705-265.49.33.Use of coal combustion 4 by-products. The Department shall, where economically 5 feasible and safe, foster the use of coal combustion 6 by-products by specifying usage of these by-products in road 7 building materials and by developing and including 8 specifications for their use in beds, fills, backfills, 9 trenches, and embankments. 10 (Source: P.A. 89-93, eff. 7-6-95.) 11 (20 ILCS 2705/2705-275 new) 12 (was 20 ILCS 2705/49.25j) (from Ch. 127, par. 49.25j) 13 Sec. 2705-275. Grants for airport facilities.49.25j.The 14 Department may make grants to municipalities and airport 15 authorities for the renovation, construction, and development 16 of airport facilities. TheSuchgrants may be made from funds 17 appropriated for thatsuchpurpose from the Build Illinois 18 Bond Fund or the Build Illinois Purposes Fund, created by the1984th General Assembly. 20 (Source: P.A. 84-109.) 21 (20 ILCS 2705/2705-285 new) 22 (was 20 ILCS 2705/49.06b) (from Ch. 127, par. 49.06b) 23 Sec. 2705-285. Ports and waterways. The Department has 24 the power49.06b.to undertake port and waterway development 25 planning and studies of port and waterway development 26 problems and to provide technical assistance to port 27 districts and units of local government in connection with 28 port and waterway development activities. The Department may 29 provide financial assistance for the ordinary and contingent 30 expenses of port districts upon thesuchterms and conditions 31 thatasthe Department finds necessary to aid in the 32 development of thosesuchdistricts. HB0236 Engrossed -415- LRB9100031DJcdA 1 The Department shall coordinate all its activities under 2 this Section with the Department of Commerce and Community 3 Affairs. 4 (Source: P.A. 81-1509.) 5 (20 ILCS 2705/2705-300 new) 6 (was 20 ILCS 2705/49.18) (from Ch. 127, par. 49.18) 7 Sec. 2705-300.49.18.Powers concerning mass 8 transportation. The Department has the power to do the 9 following: 10 (1)ToAdvise and assist the Governor and the General 11 Assembly in formulating (i)(a)a mass transportation policy 12 for the State, (ii); (b)proposals designed to help meet and 13 resolve special problems of mass transportation within the 14 State,;and (iii)(c)programs of assistance for the 15 comprehensive planning, development, and administration of 16 mass transportation facilities and services.;17 (2)ToAppear and participate in proceedings before any 18 federal, State, or local regulatory agency involving or 19 affecting mass transportation in the State.;20 (3)ToStudy mass transportation problems and provide 21 technical assistance to units of local government.;22 (4)ToEncourage experimentation in developing new mass 23 transportation facilities and services.;24 (5)ToRecommend policies, programs, and actions 25 designed to improve utilization of mass transportation 26 services.;27 (6)ToCooperate with mass transit districts and 28 systems, local governments, and other State agencies in 29 meeting those problems of air, noise, and water pollution 30 associated with transportation.;31 (7)ToParticipate fully in a statewide effort to 32 improve transport safety.;33 (8)ToConduct by contract or otherwise technical HB0236 Engrossed -416- LRB9100031DJcdA 1 studies, and demonstration and development projects which 2 shall be designed to test and develop methods for increasing 3 public use of mass transportation and for providing mass 4 transportation in an efficient, coordinated, and convenient 5 manner.;6 (9)ToMake applications for,toreceive, andtomake 7 use of grants for mass transportation.;8 (10)ToMake grants for mass transportation from the 9 Transportation Fund pursuant to the standards and procedures 10 of Sections 2705-30549.19and 2705-31049.19a. 11 (Source: P.A. 81-1464.) 12 (20 ILCS 2705/2705-305 new) 13 (was 20 ILCS 2705/49.19) (from Ch. 127, par. 49.19) 14 Sec. 2705-305.49.19.Grants for mass transportation. 15 (a)(1)For the purpose of mass transportation grants 16 and contracts, the following definitions apply: 17(a) "Mass Transportation" means transportation provided18within the State of Illinois by rail, bus, or other19conveyance, available to the general public on a regular and20continuing basis including the transportation of handicapped21or elderly persons as provided more specifically in Section2249.19a of this Act.23(b)"Carrier" means any corporation, authority, 24 partnership, association, person, or district authorized to 25 provide mass transportation within the State. 26(c) "Facilities" comprise all real and personal property27used in or appurtenant to a mass transportation system,28including parking lots.29(d) "Unit of local government" means any city, village,30incorporated town, or county.31(e)"District" means all of the following: 32 (i) Any district created pursuant to the"Local 33 Mass Transit District Act.", approved July 21, 1959, asHB0236 Engrossed -417- LRB9100031DJcdA 1amended;2 (ii) The Authority created pursuant to the 3"Metropolitan Transit Authority Act.", approved April 12,41945, as amended;5 (iii) Any authority, commission, or other entity 6 thatwhichby virtue of an interstate compact approved by 7 Congress is authorized to provide mass transportation.;8 (iv) The Authority created pursuant to the 9"Regional Transportation Authority Act". 10 "Facilities" comprise all real and personal property used 11 in or appurtenant to a mass transportation system, including 12 parking lots. 13 "Mass transportation" means transportation provided 14 within the State of Illinois by rail, bus, or other 15 conveyance and available to the general public on a regular 16 and continuing basis, including the transportation of 17 handicapped or elderly persons as provided more specifically 18 in Section 2705-310. 19 "Unit of local government" means any city, village, 20 incorporated town, or county. 21 (b)(2)Grants may be made to units of local government, 22 districts, and carriers for the acquisition, construction, 23 extension, reconstruction, and improvement of mass 24 transportation facilities. Grants shall be made upon thesuch25terms and conditions thatasin the judgment of the 26 Secretary are necessary to ensure their proper and effective 27 utilization. 28 (c)(3)The Department shall make grants under this Law 29Actin a manner designed, so far as is consistent with the 30 maintenance and development of a sound mass transportation 31 system within the State, to: (i)(a)maximize federal funds 32 for the assistance of mass transportation in Illinois under 33 the Federal Transit Act and other federal Acts; (ii)(b)34 facilitate the movement of persons who because of age, HB0236 Engrossed -418- LRB9100031DJcdA 1 economic circumstance, or physical infirmity are unable to 2 drive; (iii)(c)contribute to an improved environment 3 through the reduction of air, water, and noise pollution; and 4 (iv)(d)reduce traffic congestion. 5 (d)(4)The Secretary shall establish procedures for 6 making application for mass transportation grants. TheSuch7 procedures shall provide for public notice of all 8 applications and give reasonable opportunity for the 9 submission of comments and objections by interested parties. 10 The procedures shall be designed with a view to facilitating 11 simultaneous application for a grant to the Department and to 12 the federal government. 13 (e)(5)Grants may be made for mass transportation 14 projects as follows: 15 (1)(a)In an amount not to exceed 100% of the 16 nonfederal share of projects for which a federal grant is 17 made.;18 (2)(b)In an amount not to exceed 100% of the net 19 project cost for projects for which a federal grant is 20 not made.;21 (3)(c)In an amount not to exceed five-sixths of 22 the net project cost for projects essential for the 23 maintenance of a sound transportation system and eligible 24 for federal assistance for which a federal grant 25 application has been made but a federal grant has been 26 delayed. If and when a federal grant is made, the amount 27 in excess of the nonfederal share shall be promptly 28 returned to the Department. 29 In no event shall the Department make a grant thatwhich, 30 together with any federal funds or funds from any other 31 source, is in excess of 100% of the net project cost. 32 (f)(6)Regardless of whether any funds are available 33 under a federal grant, the Department shall not make a mass 34 transportation grant unless the Secretary finds that the HB0236 Engrossed -419- LRB9100031DJcdA 1 recipient has entered into an agreement with the Department 2 in which the recipient agrees not to engage in school bus 3 operations exclusively for the transportation of students and 4 school personnel in competition with private school bus 5 operators where thosesuchprivate school bus operators are 6 able to provide adequate transportation, at reasonable rates, 7 in conformance with applicable safety standards, provided 8 that this requirement shall not apply to a recipient that 9whichoperates a school system in the area to be served and 10 operates a separate and exclusive school bus program for the 11 school system. 12 (g)(7)Grants may be made for mass transportation 13 purposes with funds appropriated from the Build Illinois Bond 14 Fund or the Build Illinois Purposes Fund, created by the 84th15General Assembly,consistent with the specific purposes for 16 which thosesuchfunds are appropriated by the General 17 Assembly. Grants under this subsection (g)(7)are not 18 subject to any limitations or conditions imposed upon grants 19 by any other provision of this Section, except that the 20 Secretary may impose thesuchterms and conditions thatasin 21 his or her judgment are necessary to ensure the proper and 22 effective utilization of the grants under this subsection. 23 (h)(8)The Department may let contracts for mass 24 transportation purposes and facilities for the purpose of 25 reducing urban congestion funded in whole or in part with 26 bonds described in subdivisionsubsection(b)(1) of Section 4 27 of the General Obligation Bond Act, not to exceed $75,000,000 28 in bonds. 29 (i)(9)The Department may make grants to carriers, 30 districts, and units of local government for the purpose of 31 reimbursing them for providing reduced fares for mass 32 transportation services for students, handicapped persons and 33 the elderly. Grants shall be made upon thesuchterms and 34 conditions thatasin the judgment of the Secretary are HB0236 Engrossed -420- LRB9100031DJcdA 1 necessary to ensure their proper and effective utilization. 2 (Source: P.A. 90-774, eff. 8-14-98.) 3 (20 ILCS 2705/2705-310 new) 4 (was 20 ILCS 2705/49.19a) (from Ch. 127, par. 49.19a) 5 Sec. 2705-310.49.19a.Grants for transportation for 6 handicapped persons. 7 (a)(1)For the purposes of this Section, the following 8 definitions apply: 9(a)"Carrier" means a district or a not for profit 10 corporation providing mass transportation for handicapped 11 persons on a regular and continuing basis. 12(b) "Unit of local government", "district" and13"facilities" have the meanings ascribed to them in Section1449.19.15(c)"Handicapped person" means any individual who, by 16 reason of illness, injury, age, congenital malfunction, or 17 other permanent or temporary incapacity or disability, is 18 unable without special mass transportation facilities or 19 special planning or design to utilize ordinary mass 20 transportation facilities and services as effectively as 21 persons who are not so affected. 22 "Unit of local government", "district", and "facilities" 23 have the meanings ascribed to them in Section 2705-305. 24 (b)(2)The Department may make grants from the 25 Transportation Fund and the General Revenue Fund (i) to units 26 of local government, districts, and carriers for vehicles, 27 equipment, and the acquisition, construction, extension, 28 reconstruction, and improvement of mass transportation 29 facilities for handicapped persons,and (ii) during State 30 fiscal years 1986 and 1987, to the Regional Transportation 31 Authority for operating assistance for mass transportation 32 for mobility limited handicapped persons, including 33 paratransit services for the mobility limited. TheSuchHB0236 Engrossed -421- LRB9100031DJcdA 1 grants shall be made upon thesuchterms and conditions that 2asin the judgment of the Secretary are necessary to ensure 3 their proper and effective utilization. The procedures, 4 limitations, and safeguards provided in Section 2705-305 549.19 of this Actto govern grants for mass transportation 6 shall apply to grants made under this Section. 7 For the efficient administration of grants, the 8 Department, on behalf of grant recipients under this Section 9 and on behalf of recipients receiving funds under Sections 10 5309 and 5311 of the Federal Transit Act and State funds, may 11 administer and consolidate procurements and may enter into 12 contracts with manufacturers of vehicles and equipment. 13 (c)(3)The Department may make operating assistance 14 grants from the Transportation Fund to those carriers that, 15 during federal fiscal year 1986, directly received operating 16 assistance pursuant to Section 5307 or Section 5311 of the 17 Federal Transit Act, or under contracts with a unit of local 18 government or mass transit district that received operating 19 expenses under Section 5307 or Section 5311 of the Federal 20 Transit Act, to provide public paratransit services to the 21 general mobility limited population. The Secretary shall 22 take into consideration the reduction in federal operating 23 expense grants to carriers when considering thesuchgrant 24 applications. The procedures, limitations, and safeguards 25 provided in Section 2705-30549.19 of this Actto govern 26 grants for mass transportation shall apply to grants made 27 under this Section. 28 (Source: P.A. 90-774, eff. 8-14-98.) 29 (20 ILCS 2705/2705-315 new) 30 (was 20 ILCS 2705/49.19b) (from Ch. 127, par. 49.19b) 31 Sec. 2705-315.49.19b.Grants for passenger security. 32 The Department may make grants from the Transportation Fund 33 and the General Revenue Fund to the Regional Transportation HB0236 Engrossed -422- LRB9100031DJcdA 1 Authority created under the Regional Transportation Authority 2 Act to be used to provide protection against crime for the 3 consumers of public transportation, and for the employees and 4 facilities of public transportation providers, in the 5 metropolitan region. TheSuchgrants may be used (1) to 6 provide thatsuchprotection directly, or (2) to contract 7 with any municipality or county in the metropolitan region to 8 provide thatsuchprotection, or (3) except for the Chicago 9 Transit Authority created under the Metropolitan Transit 10 Authority Act, to contract with a private security agency to 11 provide thatsuchprotection. 12 TheSuchgrants shall be made upon thesuchterms and 13 conditions thatasin the judgment of the Secretary are 14 necessary to ensure their proper and effective utilization. 15 The procedures provided in Section 2705-30549.19 of this Act16to govern grants for mass transportation shall apply to 17 grants made under this Section. 18 (Source: P.A. 84-1246.) 19 (20 ILCS 2705/2705-350 new) 20 (was 20 ILCS 2705/49.26) (from Ch. 127, par. 49.26) 21 Sec. 2705-350.49.26.Intercity bus service assistance. 22 For the purposes of providing intercity bus passenger service 23 and the promotion of an efficient intercity bus passenger 24 system within this State as authorized by Section 22 of the"25Urban Mass Transportation Act of 1964", as amended, the 26 Department is authorized to enter into agreements with any 27 carrier. The cost related to thesuchservices shall be borne 28 in thesuchproportion thatas, by agreement or contract, the 29 parties may determine; provided, however, that no State 30 monies shall be expended for thosesuchpurposes. 31 (Source: P.A. 81-326.) 32 (20 ILCS 2705/2705-375 new) HB0236 Engrossed -423- LRB9100031DJcdA 1 (was 20 ILCS 2705/49.34) 2 Sec. 2705-375.49.34. TheMeigs Users Advisory 3 Committee. 4 (a) The Meigs Users Advisory Committee is hereby 5 created. The Meigs Users Advisory Committee shall be 6 composed of the following members: (i) 4 members appointed by 7 the Governor with the advice and consent of the Senate, 2 of 8 whom shall have extensive knowledge of business and corporate 9 aviation and 2 of whom shall have extensive knowledge of 10 general aviation; (ii) 4 members appointed by the Mayor of 11 the City of Chicago, all of whom shall have extensive 12 knowledge of general aviation; (iii) 4 members of the General 13 Assembly, one each appointed by the President of the Senate, 14 the Speaker of the House, the Minority Leader of the Senate, 15 and the Minority Leader of the House; and (iv) the Secretary 16 of Transportation or his or her designee, who shall serve as 17 Chairperson. The members appointed by the Governor and the 18 Mayor shall be users of Meigs Field. 19 (b) (1) The Secretary of Transportation or his or her 20 designee shall serve during the Secretary's term of 21 office. 22 (2) Members of the committee appointed under 23 subdivision (a)(iii) shall serve for their terms of 24 office, except that no such appointment shall be for a 25 term of more than 3 years. If a committee member who was 26 appointed under subdivision (a)(iii) ceases to be a 27 member of the chamber of the General Assembly from which 28 the member was appointed, he or she shall be replaced in 29 accordance with the method for filling vacancies. 30 (3) The initial members of the committee who are 31 appointed by the Mayor of the City of Chicago shall be 32 appointed as follows: one shall be appointed for a term 33 of one year, 2 shall be appointed for terms of 2 years, 34 and one shall be appointed for a term of 3 years. After HB0236 Engrossed -424- LRB9100031DJcdA 1 the expiration of the initial terms, all members of the 2 committee who are appointed by the Mayor of the City of 3 Chicago shall be appointed for terms of 3 years. 4 (4) The initial members of the committee who are 5 appointed by the Governor shall be appointed as follows: 6 one shall be appointed for a term of one year, one shall 7 be appointed for a term of 2 years, and 2 shall be 8 appointed for terms of 3 years. After the expiration of 9 the initial terms, all members of the committee who are 10 appointed by the Governor shall be appointed for terms of 11 3 years. 12 (5) Any member of the committee is eligible for 13 reappointment unless he or she no longer meets the 14 applicable qualifications. All members appointed to serve 15 on the committee shall serve until their respective 16 successors are appointed and confirmed. Vacancies shall 17 be filled in the same manner as original appointments. 18 (6) If a vacancy in membership under subdivision 19 (a)(i) occurs at a time when the Senate is not in 20 session, the Governor shall make a temporary appointment 21 until the next meeting of the Senate, when he or she 22 shall appoint, by and with the advice and consent of the 23 Senate, a person to fill that membership for the 24 unexpired term. If the Senate is not in session when the 25 initial appointments are made, those appointments shall 26 be made as in the case of vacancies. 27 (7) The committee shall be deemed established on 28 the date that a majority of the total number of members 29 has been appointed, regardless of whether any of those 30 initial members are then serving pursuant to appointment 31 and confirmation or pursuant to temporary appointments 32 that are made by the Governor as in the case of 33 vacancies. 34 (c) The Committee shall have the power to inspect all HB0236 Engrossed -425- LRB9100031DJcdA 1 books, records, contracts, financial data, agreements, and 2 documents relating to the operation and maintenance of Meigs 3 Field, including, without limitation, as-built plans for all 4 buildings, runways, taxiways, and aprons, the control tower, 5 terminal, and all related facilities, all security 6 agreements, fire protection agreements, airline agreements, 7 FOB agreements, concessionaire agreements, rental/lease 8 agreements, service agreements, financial data and budget 9 reports including revenues and expenditures, and any and all 10 studies or plans regarding the land use of Meigs Field. 11 (d) The chairperson shall give notice to the members of 12 the time and place for every meeting. The members of the 13 committee shall receive no compensation or reimbursement of 14 expenses in the performance of their duties. The Committee 15 shall review and hold public hearings on any proposals or 16 actions affecting the operation of Meigs Field. The 17 Committee shall issue recommendations to the Governor, the 18 Mayor of the City of Chicago, and the General Assembly with 19 regard to these proposals or actions and any other matters 20 concerning the operation of Meigs Field. 21 (Source: P.A. 90-6, eff. 6-3-97.) 22 (20 ILCS 2705/2705-400 new) 23 (was 20 ILCS 2705/49.25a) (from Ch. 127, par. 49.25a) 24 Sec. 2705-400.49.25a.Authorization concerning rail 25 assistance funds. The Department is hereby authorized to 26 exercise those powers necessary for the State to qualify for 27 rail assistance funds pursuant to the provisions of the 28 federal Regional Rail Reorganization Act of 1973, the 29 Railroad Revitalization and Regulatory Reform Act of 1976,as30amended,or other relevant federal or State legislation, 31 including but not limited to authority to do the following: 32 (1)toEstablish a State plan for rail transportation 33 and local rail services, including projects funded under HB0236 Engrossed -426- LRB9100031DJcdA 1 Section 2705-435.49.25g-1;2 (2)toAdminister and coordinate the State plan.;3 (3)toProvide in the plan for the equitable 4 distribution of federal rail assistance funds among State, 5 local, and regional transportation authorities.;6 (4)toDevelop or assist the development of local or 7 regional rail plans.;8 (5)toPromote, supervise, and support safe, adequate, 9 and efficient rail services in accordance with the provisions 10 and limitations of Publicthis amendatoryAct 79-834.;11 (6)toEmploy sufficient trained and qualified personnel 12 for these purposes.;13 (7)toMaintain, in accordance with the provisions and 14 limitations of Publicthis amendatoryAct 79-834, adequate 15 programs of investigation, research, promotion, and 16 development in connection with thesesuchpurposes andto17 provide for public hearings.;18 (8)toProvide satisfactory assurances on behalf of the 19 State thatsuchfiscal control and fund accounting procedures 20 will be adopted by the State thatasmay be necessary to 21 ensureassureproper disbursement of and account for federal 22 funds paid to the State as rail assistance.;23 (9)toComply with the regulations of the Secretary of 24 Transportation of the United States Department of 25 Transportation affecting federal rail assistance funds.;26 (10)toReview all impending rail abandonments andto27 provide its recommendations on those abandonmentsthereonto 28 the Interstate Commerce Commission. 29 (Source: P.A. 84-111; 84-292.) 30 (20 ILCS 2705/2705-405 new) 31 (was 20 ILCS 2705/49.25b) (from Ch. 127, par. 49.25b) 32 Sec. 2705-405. Preparation of State Rail Plan.49.25b.In 33 preparation of the State Rail Plan under Section 2705-400 HB0236 Engrossed -427- LRB9100031DJcdA 149.25a, the Department shall consult with recognized railroad 2 labor organizations, the Department of Commerce and Community 3 Affairs, railroad management, affected units of local 4 government, affected State agencies, and affected shipping 5 interests. 6 (Source: P.A. 84-111; 84-292.) 7 (20 ILCS 2705/2705-410 new) 8 (was 20 ILCS 2705/49.25c) (from Ch. 127, par. 49.25c) 9 Sec. 2705-410.49.25c.Access to information. The 10 Secretaryof the Departmentmay authorize any of the 11 Department'sitsofficers, employees, or agents to enter 12 upon, inspect, and examine, at reasonable times and in a 13 reasonable manner, the books, documents, records, equipment, 14 and property of and to request information kept in the 15 ordinary course of business from any railroad to the extent 16 necessary to carry out the powers enumerated in Sections 17 2705-40049.25athrough 2705-44549.25i. Railroads operating 18 within the State shall provide access to thosesuchbooks, 19 documents, records, equipment, and property and shall provide 20 thesuchinformation kept in the ordinary course of business 21 thatasthe Department may request. Should any railroad fail 22 or refuse to provide thatsuchaccess or information, the 23 Secretaryof the Departmentis hereby granted subpoena power 24 to obtain thatsuchaccess and to require the production of 25 thatsuchinformation. The Department shall pay the 26 reasonable costs associated with providing any such 27 information thatwhichis not otherwise already required by 28 law. Any officer, employee, or agent of the Department 29 exercising the powers granted by this Section shall, upon 30 request, display proper credentials. The Department shall 31 exercise all necessary caution to avoid disclosure of 32 confidential information supplied under this Section. 33 (Source: P.A. 80-32.) HB0236 Engrossed -428- LRB9100031DJcdA 1 (20 ILCS 2705/2705-415 new) 2 (was 20 ILCS 2705/49.25d) (from Ch. 127, par. 49.25d) 3 Sec. 2705-415. State Rail Plan; responsibilities of other 4 agencies.49.25d.The State Rail Plan, in its provisions 5 concerning requiring supervision of safety aspects and other 6 railroad matters, shall not abrogate the present statutory 7 responsibilities of the Illinois Commerce Commission and 8 shall meet the requirements of the"Federal Railroad Safety 9 Act of 1970", as amended. Nothing herein shall provide for 10 or effect the transfer of responsibilities between State 11 agencies. 12 (Source: P.A. 79-834.) 13 (20 ILCS 2705/2705-420 new) 14 (was 20 ILCS 2705/49.25e) (from Ch. 127, par. 49.25e) 15 Sec. 2705-420. Copies of State Rail Plan; report.49.25e.16The Department shall provide copies of the State Rail Plan 17 to the President of the Senate, the Senate Minority Leader, 18 the Speaker of the House, and the House Minority Leader prior 19 to submitting the Plan to the federal government. The 20 Department shall also so provide, by October 15, 1975, a 21 report including its findings concerning the extent, nature, 22 and proposed use of federal aid available and its 23 recommendations concerning the source and extent of 24 non-federal assistance, both during the period in which 25 federal assistance is available and thereafter. 26 (Source: P.A. 79-834.) 27 (20 ILCS 2705/2705-425 new) 28 (was 20 ILCS 2705/49.25f) (from Ch. 127, par. 49.25f) 29 Sec. 2705-425. Rail freight services assistance; loans; 30 Rail Freight Loan Repayment Fund.49.25f.No funds available 31 for operating or capital assistance under Section 5 of the 32 United States Department of Transportation Act, as amended,HB0236 Engrossed -429- LRB9100031DJcdA 1 for rail freight services in Illinois may be expended without 2 specific appropriation of those fundsthereof. 3 Reimbursements for those loans thatwhichfinancially 4 responsible persons are required by agreement to repay shall 5 be deposited in the State treasury as follows: (1) the 6 State's share shall be deposited in the fund from which the 7 original expenditure was made, and (2) the federal share 8 shall be deposited in the Rail Freight Loan Repayment Fund. 9 In the case of repaid funds deposited in the Rail Freight 10 Loan Repayment Fund, the Department shall have the reuse of 11 those funds and the interest accrued thereon, which shall 12 also be deposited by the State Treasurer in thatsuchFund, 13 as the federal share in other eligible projects. However, no 14 expenditures from the Rail Freight Loan Repayment Fund for 15 thosesuchprojects shall at any time exceed the total sum of 16 funds repaid and deposited in the Rail Freight Loan Repayment 17 Fund and interest earned by investment by the State Treasurer 18 thatwhichthe State Treasurer shall have deposited in that 19 fund. 20 (Source: P.A. 83-1301.) 21 (20 ILCS 2705/2705-430 new) 22 (was 20 ILCS 2705/49.25g) (from Ch. 127, par. 49.25g) 23 Sec. 2705-430.49.25g.Railroad freight service 24 assistance; lines designated for discontinuation of service 25 or subject to abandonment. The Department shall enter into 26suchagreements with any railroad as necessary to provide 27 assistance for continuous freight service on lines of 28 railroads within Illinois designated for discontinuation of 29 service by the United States Railway Association Final System 30 Plan and not conveyed to a railroad company other than 31 Consolidated Rail Corporation. The Department may enter into 32 such agreements with any railroad as necessary to provide 33 assistance for continuous rail freight service on lines of HB0236 Engrossed -430- LRB9100031DJcdA 1 railroads within Illinois subject to an abandonment 2 proceeding in the Interstate Commerce Commission or 3 classified as potentially subject to abandonment pursuant to 4 Sections 10903 through 10905 of Title 49 of the United States 5 Code or upon which a certificate of discontinuance or 6 abandonment has been issued. The Department shall make rail 7 continuation subsidy payments pursuant to thesuch8 agreements. TheSuchagreements shall provide for a minimum 9 level of service at least equivalent to that provided in 10 calendar year 1975. TheSuchagreements shall conform to 11 relevant federal law. The Department shall determine that 12 all payments under this Section are eligible for federal 13 share reimbursement. 14 Any nonfederal share of the assistance provided under 15 this Section shall be provided by the Department. The State 16 share may include funds, grants, gifts, or donations from the 17 federal government, any local public body, or any person. 18 Reimbursements shall be deposited in the State fund from 19 which the assistance was paid. 20 The Department shall provide technical assistance to any 21 local public body or rail user to ensureinsurethat rail 22 freight services under these agreements are, to the extent 23 possible, adequate to the needs of Illinois citizens. 24 The Department shall review the effects of the rail 25 freight service assistance provided under this Section and 26 shall report the results of its review to the General 27 Assembly each year not later than March 15, reporting 28 particularly on the service provided through thesuch29 assistance, the utilization of rail freight service by 30 shippers, and the cost effectiveness of this rail freight 31 service assistance program in relation to the economy of this 32 State. 33 The requirement for reporting to the General Assembly 34 shall be satisfied by filing copies of the report with the HB0236 Engrossed -431- LRB9100031DJcdA 1 Speaker, the Minority Leader, and the Clerk of the House of 2 Representatives and the President, the Minority Leader, and 3 the Secretary of the Senate and the Legislative Research 4 Unit, as required by Section 3.1 of"An Act to revise the law5in relation tothe General Assembly Organization Act",6approved February 25, 1874, as amended,and by filingsuch7 additional copies with the State Government Report 8 Distribution Center for the General Assembly as is required 9 under paragraph (t) of Section 7 of the State Library Act. 10 For the purpose of promoting efficient rail freight 11 service, the Department shall have the power to either grant 12 or loan funds to any railroad or unit of local government in 13 the State to maintain, improve, and construct rail 14 facilities. The Department shall also have the power to grant 15 or loan funds to any rail users located on an abandoned line, 16 unit of local government, or an owner or lessee of an 17 abandoned railroad right-of-way to undertake substitute 18 service projects thatwhichreduce the social, economic, and 19 environmental costs associated with the loss of a particular 20 rail freight service in a manner less expensive than 21 continuing that rail freight service. To facilitate the 22 continuation of rail freight services, the Department shall 23 have the power to purchase railroad materials and supplies. 24 (Source: P.A. 84-1438.) 25 (20 ILCS 2705/2705-435 new) 26 (was 20 ILCS 2705/49.25g-1) (from Ch. 127, par. 49.25g-1) 27 Sec. 2705-435. Loans, grants, or contracts to 28 rehabilitate, improve, or construct rail facilities; State 29 Rail Freight Loan Repayment Fund.49.25g-1.In addition to 30 the powers under Section 105-43049.25g, the Department shall 31 have the power to enter into agreements to loan or grant 32 State funds to any railroad, unit of local government, rail 33 user, or owner or lessee of a railroad right of way to HB0236 Engrossed -432- LRB9100031DJcdA 1 rehabilitate, improve, or construct rail facilities. 2 For each project proposed for funding under this Section 3 the Department shall, to the extent possible, give preference 4 to cost effective projects thatwhichfacilitate continuation 5 of existing rail freight service. In the exercise of its 6 powers under this Section, the Department shall coordinate 7 its program with the industrial retention and attraction 8 programs of the Department of Commerce and Community Affairs. 9 No funds provided under this Section shall be expended for 10 the acquisition of a right of way or rolling stock or for 11 operating subsidies. The costs of a project funded under 12 this Section shall be apportioned in accordance with the 13 agreement of the parties for the project. Projects are 14 eligible for a loan or grant under this Section only when the 15 Department determines that the transportation, economic, and 16 public benefits associated with a project are greater than 17 the capital costs of that project incurred by all parties to 18 the agreement and that thesuchproject would not have 19 occurred without its participation. In addition, a project 20 to be eligible for assistance under this Section must be 21 included in a State plan for rail transportation and local 22 rail service prepared by the Department. The Department may 23 also expend State funds for professional engineering services 24 to conduct feasibility studies of projects proposed for 25 funding under this Section, to estimate the costs and 26 material requirements for thosesuchprojects, to provide for 27 the design of thosesuchprojects, including plans and 28 specifications, and to conduct investigations to ensure 29 compliance with the project agreements. 30 The Department, acting through the Department of Central 31 Management Services, shall also have the power to let 32 contracts for the purchase of railroad materials and 33 supplies. The Department shall also have the power to let 34 contracts for the rehabilitation, improvement, or HB0236 Engrossed -433- LRB9100031DJcdA 1 construction of rail facilities. Any such contract shall be 2 let, after due public advertisement, to the lowest 3 responsible bidder or bidders, upon terms and conditions to 4 be fixed by the Department. With regard to rehabilitation, 5 improvement, or construction contracts, the Department shall 6 also require the successful bidder or bidders to furnish good 7 and sufficient bonds to ensure proper and prompt completion 8 of thesuchwork in accordance with the provisions of the 9suchcontracts. 10 In the case of an agreement under which State funds are 11 loaned under this Section, the agreement shall provide the 12 terms and conditions of repayment. The agreement shall 13 provide for thesuchsecurity thatasthe Department shall 14 determine to protect the State's interest. The funds may be 15 loaned with or without interest. Loaned funds thatwhichare 16 repaid to the Department shall be deposited in a special fund 17 in the State treasury to be known as the"State Rail Freight 18 Loan Repayment Fund". In the case of repaid funds deposited 19 in the State Rail Freight Loan Repayment Fund, the Department 20 shall, subject to appropriation, have the reuse of those 21 funds and the interest accrued thereon, which shall also be 22 deposited by the State Treasurer in thesuchFund, as the 23 State share in other eligible projects under this Section. 24 However, no expenditures from the State Rail Freight Loan 25 Repayment Fund for thosesuchprojects shall at any time 26 exceed the total sum of funds repaid and deposited in the 27 State Rail Freight Loan Repayment Fund and interest earned by 28 investment by the State Treasurer which the State Treasurer 29 shall have deposited in that Fund. 30 For the purposes of promoting efficient rail freight 31 service, the Department may also provide technical assistance 32 to railroads, units of local government or rail users, or 33 owners or lessees of railroad rights-of-way. 34 The Department shall take whatever actions are necessary HB0236 Engrossed -434- LRB9100031DJcdA 1 or appropriate to protect the State's interest in the event 2 of bankruptcy, default, foreclosure, or noncompliance with 3 the terms and conditions of financial assistance or 4 participation provided hereunder, including the power to 5 sell, dispose, lease, or rent, upon terms and conditions 6 determined by the Secretary to be appropriate, real or 7 personal property thatwhichthe Department may receive as a 8 result thereof. 9 The Department is authorized to make reasonable rules and 10 regulations consistent with law necessary to carry out the 11 provisions of this Section. 12 (Source: P.A. 85-1033.) 13 (20 ILCS 2705/2705-440 new) 14 (was 20 ILCS 2705/49.25h) (from Ch. 127, par. 49.25h) 15 Sec. 2705-440.49.25h.Intercity Rail Service. 16 (a) For the purposes of providing intercity railroad 17 passenger service within this State (or as part of service to 18 cities in adjacent states), the Department is authorized to 19 enter into agreements with units of local government, the 20 Commuter Rail Division of the Regional Transportation 21 Authority (or a public corporation on behalf of that 22 Division), architecture or engineering firms, the National 23 Railroad Passenger Corporation, any carrier, any adjacent 24 state (or political subdivision, corporation, or agency of an 25 adjacent state), or any individual, corporation, partnership, 26 or public or private entity. The cost related to such 27 services shall be borne in such proportion as, by agreement 28 or contract the parties may desire. 29 (b) In providing any intercity railroad passenger 30 service as provided in this Section, the Department shall 31 have the following additional powers: 32 (1) to enter into trackage use agreements with rail 33 carriers; HB0236 Engrossed -435- LRB9100031DJcdA 1 (2) to enter into haulage agreements with rail 2 carriers; 3 (3) to lease or otherwise contract for use, 4 maintenance, servicing, and repair of any needed 5 locomotives, rolling stock, stations, or other 6 facilities, the lease or contract having a term not to 7 exceed 7 years (but any multi-year contract shall recite 8 that the contract is subject to termination and 9 cancellation, without any penalty, acceleration payment, 10 or other recoupment mechanism, in any fiscal year for 11 which the General Assembly fails to make an adequate 12 appropriation to cover the contract obligation); 13 (4) to enter into management agreements; 14 (5) to include in any contract indemnification of 15 carriers or other parties for any liability with regard 16 to intercity railroad passenger service; 17 (6) to obtain insurance for any losses or claims 18 with respect to the service; 19 (7) to promote the use of the service; 20 (8) to make grants to any body politic and 21 corporate, any unit of local government, or the Commuter 22 Rail Division of the Regional Transportation Authority to 23 cover all or any part of any capital or operating costs 24 of the service and to enter into agreements with respect 25 to those grants; 26 (9) to set any fares or make other regulations with 27 respect to the service, consistent with any contracts 28 for the service; and 29 (10) to otherwise enter into any contracts 30 necessary or convenient to provide the service. 31 (c) All service provided under this Section shall be 32 exempt from all regulations by the Illinois Commerce 33 Commission (other than for safety matters). To the extent the 34 service is provided by the Commuter Rail Division of the HB0236 Engrossed -436- LRB9100031DJcdA 1 Regional Transportation Authority (or a public corporation on 2 behalf of that Division), it shall be exempt from safety 3 regulations of the Illinois Commerce Commission to the extent 4 the Commuter Rail Division adopts its own safety regulations. 5 (d) In connection with any powers exercised under this 6 Section, the Department: 7 (1) shall not have the power of eminent domain; and 8 (2) shall not itself become the owner of railroad 9 locomotives or other rolling stock, or directly operate 10 any railroad service with its own employees. 11 (e) Any contract with the Commuter Rail Division of the 12 Regional Transportation Authority (or a public corporation on 13 behalf of the Division) under this Section shall provide that 14 all costs in excess of revenue received by the Division 15 generated from intercity rail service provided by the 16 Division shall be fully borne by the Department, and no funds 17 for operation of commuter rail service shall be used, 18 directly or indirectly, or for any period of time, to 19 subsidize the intercity rail operation. If at any time the 20 Division does not have sufficient funds available to satisfy 21 the requirements of this Section, the Division shall 22 forthwith terminate the operation of intercity rail service. 23 The payments made by the Department to the Division for the 24 intercity rail passenger service shall not be made in excess 25 of those costs or as a subsidy for costs of commuter rail 26 operations. This shall not prevent the contract from 27 providing for efficient coordination of service and 28 facilities to promote cost effective operations of both 29 intercity rail passenger service and commuter rail services 30 with cost allocations as provided in this paragraph. 31 (Source: P.A. 89-710, eff. 2-14-97.) 32 (20 ILCS 2705/2705-445 new) 33 (was 20 ILCS 2705/49.25i) (from Ch. 127, par. 49.25i) HB0236 Engrossed -437- LRB9100031DJcdA 1 Sec. 2705-445. Validation of prior agreements and 2 contracts.49.25i.Any agreement or contract for the 3 purposes of Section 2705-440 that49.25h whichwas entered 4 into prior to June 16, 1976 (the effective date of Public 5this amendatoryAct 79-1213)of 1976is hereby validated and 6 continued in full force and effect. 7 (Source: P.A. 79-1213.) 8 (20 ILCS 2705/2705-450 new) 9 (was 20 ILCS 2705/49.25h-1) (from Ch. 127, par. 49.25h-1) 10 Sec. 2705-450.49.25h-1.High-speed rail and magnetic 11 levitation transportation development. The Department is 12 authorized to enter into agreements with any public or 13 private entity for the purpose of promoting and developing 14 high-speed rail and magnetic levitation transportation within 15 this State. The cost related to the service shall be borne in 16 a proportion thatasthe parties may determine by agreement 17 or contract. 18 (Source: P.A. 87-829.) 19 (20 ILCS 2705/2705-500 new) 20 (was 20 ILCS 2705/49.29) (from Ch. 127, par. 49.29) 21 Sec. 2705-500. Scenic route connecting Mississippi and 22 Ohio Rivers.49.29.The Department shall prepare or have 23 prepared maps, surveys, or plans, shall conduct studies, and 24 shall consult with the Department of Natural Resources for 25 the purpose of proposing a route connecting the Mississippi 26 and Ohio Rivers through the Shawnee National Forest, to be 27 designated as a scenic route. The proposed route shall 28 consist of existing roads to the greatest extent possible, 29 but the proposal may call for any improvements consistent 30 with federal law that the Department deems necessary or 31 desirable. The Department shall submit its proposal, along 32 with any other supporting information it deems appropriate, HB0236 Engrossed -438- LRB9100031DJcdA 1 to the Governor and the General Assembly no later than March 2 1, 1986. 3 (Source: P.A. 89-445, eff. 2-7-96.) 4 (20 ILCS 2705/2705-505 new) 5 (was 20 ILCS 2705/49.30) (from Ch. 127, par. 49.30) 6 Sec. 2705-505. Signs indicating travel-related 7 facilities or tourist-oriented businesses.49.30.The 8 Department shall, where economically feasible and safe, 9 install along various interstate highways and other freeways 10 with full control of access, except those thatwhichare toll 11 highways, signs to alert motorists of the travel-related 12 facilities available in communities served by upcoming 13 interstate exits. The Department may also install, along 14 other rural State highways, signs to alert motorists of the 15 tourist-orientedtourist orientedbusinesses available on 16 intersecting highways and roads under local jurisdiction in 17 rural areas. The Department hasshall havethe authority to 18 sell or lease space on thesuchsigns to the owners or 19 operators of the facilities and to promulgate rules and 20 regulations for the leasing or purchasing of space. 21 (Source: P.A. 90-272, eff. 7-30-97.) 22 (20 ILCS 2705/2705-510 new) 23 (was 20 ILCS 2705/49.15a) (from Ch. 127, par. 49.15a) 24 Sec. 2705-510. Use of prisoners for highway cleanup. The 25 Department has the power49.15a.to request, from the 26 Department of Corrections, the use of prisoners in a program 27 as provided in paragraph (f) of Section 3-2-2 of the Unified 28 Code of CorrectionsCorrection, as amended,for the cleaning 29 of trash and garbage from the highways of this State. 30 (Source: P.A. 81-214.) 31 (20 ILCS 2705/2705-550 new) HB0236 Engrossed -439- LRB9100031DJcdA 1 (was 20 ILCS 2705/49.12) (from Ch. 127, par. 49.12) 2 Sec. 2705-550. Transfer of realty to other State agency; 3 acquisition of federal lands. The Department has the power 449.12.to transfer jurisdiction of any realty under the 5 control of the Department to any other department of the 6 State government,or to any authority, commission, or other 7 agency of the State,or to acquire or accept federal lands,8 when thesuchtransfer, acquisition, or acceptance is 9 advantageous to the State and is approved in writing by the 10 Governor. 11 (Source: Laws 1955, p. 1196.) 12 (20 ILCS 2705/2705-555 new) 13 (was 20 ILCS 2705/49.13) (from Ch. 127, par. 49.13) 14 Sec. 2705-555. Lease of land or property. The Department 15 has the power49.13.from time to time to lease any land or 16 property, with or without appurtenances, of which the 17 Department has jurisdiction,and that iswhich arenot 18 immediately to be used or developed by the State; provided 19 that no such lease be for a longer period of time than that 20 in which it can reasonably be expected the State will not 21 have use for thesuchproperty, and further provided that no 22 such lease be for a longer period of time than 5 years. 23 (Source: Laws 1953, p. 1443.) 24 (20 ILCS 2705/2705-575 new) 25 (was 20 ILCS 2705/49.28) (from Ch. 127, par. 49.28) 26 Sec. 2705-575. Sale of used vehicles.49.28.Whenever the 27 Departmentof Transportationshall replace any used vehicle, 28 it shall notify and give units of local government in this 29 State and the Department of Natural Resources the first 30 opportunity to purchase thesuchvehicle. The Department 31 shall be required to notify only the Department of Natural 32 Resources and those units of local government thatwhichhave HB0236 Engrossed -440- LRB9100031DJcdA 1 previously requested thesuchnotification. Any proceeds 2 from the sale of thesuchvehicles to units of local 3 government shall be deposited in the Road Fund. The term 4 "vehicle" as used in this Sectionhereinis defined to 5 include passenger automobiles, light duty trucks, heavy duty 6 trucks, and other self-propelled motorized equipment (in 7 excess of 25 horse-power) and attachments. 8 (Source: P.A. 89-445, eff. 2-7-96.) 9 (110 ILCS 355/Art. 3000 heading new) 10 ARTICLE 3000. UNIVERSITY OF ILLINOIS 11 (110 ILCS 355/3000-1 new) 12 Sec. 3000-1. Article short title. This Article 3000 of 13 the Civil Administrative Code of Illinois may be cited as the 14 University of Illinois Exercise of Functions and Duties Law. 15 (110 ILCS 355/3000-5 new) 16 (was 110 ILCS 355/62) (from Ch. 127, par. 62) 17 Sec. 3000-5.62.Retention of duties by University of 18 Illinois. Unless otherwise provided by law, the functions and 19 duties formerly exercised by the State entomologist, the 20 State laboratory of natural history, the State water survey, 21 and the State geological survey and vested in the Illinois 22 Department of Natural Resources,and the functions and duties 23 of the Waste Management and Research Center and its Hazardous 24 Materials Laboratory as authorized by the Hazardous Waste 25 Technology Exchange Service Act, approved September 16, 1984,26as now or hereafter amended,shall continue to be exercised 27 at the University of Illinois in buildings and places 28 provided by the trustees of the Universitythereof. 29 (Source: P.A. 89-445, eff. 2-7-96; 90-490, eff. 8-17-97.) 30 Section 5-105. The Employee Rights Violation Act is HB0236 Engrossed -441- LRB9100031DJcdA 1 amended by changing Section 2 as follows: 2 (5 ILCS 285/2) (from Ch. 127, par. 63b100-2) 3 Sec. 2. For the purposes of this Act, the terms used 4 herein shall have the meanings ascribed to them in this 5 Section: 6 (a) "Policy making officer" means: (i) an employee of a 7 State agency who is engaged predominantly in executive and 8 management functions and is charged with the responsibility 9 of directing the effectuation of such management policies and 10 practices; or (ii) an employee of a State agency whose 11 principal work is substantially different from that of his 12 subordinates and who has authority in the interest of the 13 State agency to hire, transfer, suspend, lay off, recall, 14 promote, discharge, direct, reward, or discipline employees, 15 or to adjust their grievances, or to effectively recommend 16 such action, if the exercise of such authority is not of a 17 merely routine or clerical nature, but requires the 18 consistent use of independent judgment; or (iii) a Director, 19 Assistant Director or Deputy Director of a State agency; 20 (b) "State agency" means the Departments of the 21 Executive Branch of State government listed in Section 5-15322of the Departments of State Government Law (20 ILCS 5/5-15) 23Civil Administrative Code of Illinois, as amended; 24 (c) "Director" includes the Secretary of Transportation. 25 (Source: P.A. 85-1436.) 26 Section 5-110. The Gender Balanced Appointments Act is 27 amended by changing Section 2 as follows: 28 (5 ILCS 310/2) (from Ch. 127, par. 4302) 29 Sec. 2. All appointments to boards, commissions, 30 committees and councils of the State created by the laws of 31 this State and after the effective date of this Act shall be HB0236 Engrossed -442- LRB9100031DJcdA 1 gender balanced to the extent possible and to the extent that 2 appointees are qualified to serve on those boards, 3 commissions, committees and councils. If gender balance is 4 not possible, then appointments shall provide for significant 5 representation of both sexes to boards, commissions, 6 committees and councils governed by this Act and Section 7 5-5108.1of the Departments of State Government Law (20 ILCS 8 5/5-510)Civil Administrative Code of Illinois. If there are 9 multiple appointing authorities for a board, commission, 10 committee, or council, they shall each strive to achieve 11 gender balance in their appointments. 12 Appointments made in accordance with this Act should be 13 made in a manner that makes a good faith attempt to seek 14 gender balance based on the numbers of each gender belonging 15 to the group from which appointments are made. 16 (Source: P.A. 87-797.) 17 Section 5-115. The Election Code is amended by changing 18 Section 1A-8 as follows: 19 (10 ILCS 5/1A-8) (from Ch. 46, par. 1A-8) 20 Sec. 1A-8. The State Board of Elections shall exercise 21 the following powers and perform the following duties in 22 addition to any powers or duties otherwise provided for by 23 law: 24 (1) Assume all duties and responsibilities of the State 25 Electoral Board and the Secretary of State as heretofore 26 provided in this Act; 27 (2) Disseminate information to and consult with election 28 authorities concerning the conduct of elections and 29 registration in accordance with the laws of this State and 30 the laws of the United States; 31 (3) Furnish to each election authority prior to each 32 primary and general election and any other election it deems HB0236 Engrossed -443- LRB9100031DJcdA 1 necessary, a manual of uniform instructions consistent with 2 the provisions of this Act which shall be used by election 3 authorities in the preparation of the official manual of 4 instruction to be used by the judges of election in any such 5 election. In preparing such manual, the State Board shall 6 consult with representatives of the election authorities 7 throughout the State. The State Board may provide separate 8 portions of the uniform instructions applicable to different 9 election jurisdictions which administer elections under 10 different options provided by law. The State Board may by 11 regulation require particular portions of the uniform 12 instructions to be included in any official manual of 13 instructions published by election authorities. Any manual of 14 instructions published by any election authority shall be 15 identical with the manual of uniform instructions issued by 16 the Board, but may be adapted by the election authority to 17 accommodate special or unusual local election problems, 18 provided that all manuals published by election authorities 19 must be consistent with the provisions of this Act in all 20 respects and must receive the approval of the State Board of 21 Elections prior to publication; provided further that if the 22 State Board does not approve or disapprove of a proposed 23 manual within 60 days of its submission, the manual shall be 24 deemed approved. 25 (4) Prescribe and require the use of such uniform forms, 26 notices, and other supplies not inconsistent with the 27 provisions of this Act as it shall deem advisable which shall 28 be used by election authorities in the conduct of elections 29 and registrations; 30 (5) Prepare and certify the form of ballot for any 31 proposed amendment to the Constitution of the State of 32 Illinois, or any referendum to be submitted to the electors 33 throughout the State or, when required to do so by law, to 34 the voters of any area or unit of local government of the HB0236 Engrossed -444- LRB9100031DJcdA 1 State; 2 (6) Require such statistical reports regarding the 3 conduct of elections and registration from election 4 authorities as may be deemed necessary; 5 (7) Review and inspect procedures and records relating 6 to conduct of elections and registration as may be deemed 7 necessary, and to report violations of election laws to the 8 appropriate State's Attorney; 9 (8) Recommend to the General Assembly legislation to 10 improve the administration of elections and registration; 11 (9) Adopt, amend or rescind rules and regulations in the 12 performance of its duties provided that all such rules and 13 regulations must be consistent with the provisions of this 14 Article 1A or issued pursuant to authority otherwise provided 15 by law; 16 (10) Determine the validity and sufficiency of petitions 17 filed under Article XIV, Section 3, of the Constitution of 18 the State of Illinois of 1970; 19 (11) Maintain in its principal office a research library 20 that includes, but is not limited to, abstracts of votes by 21 precinct for general primary elections and general elections, 22 current precinct maps and current precinct poll lists from 23 all election jurisdictions within the State. The research 24 library shall be open to the public during regular business 25 hours. Such abstracts, maps and lists shall be preserved as 26 permanent records and shall be available for examination and 27 copying at a reasonable cost; 28 (12) Supervise the administration of the registration 29 and election laws throughout the State; 30 (13) Obtain from the Department of Central Management 31 Services, under Section 405-25035.7aof the Department of 32 Central Management Services Law (20 ILCS 405/405-250)Civil33Administrative Code of Illinois, such use of electronic data 34 processing equipment as may be required to perform the duties HB0236 Engrossed -445- LRB9100031DJcdA 1 of the State Board of Elections and to provide 2 election-related information to candidates, public and party 3 officials, interested civic organizations and the general 4 public in a timely and efficient manner; and 5 (14) To take such action as may be necessary or required 6 to give effect to directions of the State central committee 7 of an established political party under Sections 7-8, 7-11 8 and 7-14.1 or such other provisions as may be applicable 9 pertaining to the selection of delegates and alternate 10 delegates to an established political party's national 11 nominating conventions. 12 The Board may by regulation delegate any of its duties or 13 functions under this Article, except that final 14 determinations and orders under this Article shall be issued 15 only by the Board. 16 The requirement for reporting to the General Assembly 17 shall be satisfied by filing copies of the report with the 18 Speaker, the Minority Leader and the Clerk of the House of 19 Representatives and the President, the Minority Leader and 20 the Secretary of the Senate and the Legislative Research 21 Unit, as required by Section 3.1 of "An Act to revise the law 22 in relation to the General Assembly", approved February 25, 23 1874, as amended, and filing such additional copies with the 24 State Government Report Distribution Center for the General 25 Assembly as is required under paragraph (t) of Section 7 of 26 the State Library Act. 27 (Source: P.A. 86-1089.) 28 Section 5-120. The Secretary of State Act is amended by 29 changing Section 13 as follows: 30 (15 ILCS 305/13) (from Ch. 124, par. 10.3) 31 Sec. 13. Whenever the Secretary of State is authorized 32 or required by law to consider some aspect of criminal HB0236 Engrossed -446- LRB9100031DJcdA 1 history record information for the purpose of carrying out 2 his statutory powers and responsibilities, then, upon request 3 and payment of fees in conformance with the requirements of 4subsection 22 ofSection 2605-40055aof the Department of 5 State Police Law (20 ILCS 2605/2605-400)"The Civil6Administrative Code of Illinois", the Department of State 7 Police is authorized to furnish, pursuant to positive 8 identification, such information contained in State files as 9 is necessary to fulfill the request. 10 (Source: P.A. 86-610.) 11 Section 5-125. The State Treasurer Act is amended by 12 changing Section 12 as follows: 13 (15 ILCS 505/12) (from Ch. 130, par. 12) 14 Sec. 12. He shall keep regular and fair accounts of all 15 moneys received and paid out by him, stating, particularly, 16 on what account each amount is received or paid out. He may 17 make such corrections and changes in his records as may be 18 necessary pursuant to notices received from the Department of 19 Revenue under Section 2505-47539b32of the Department of 20 Revenue Law (20 ILCS 2505/2505-475)"Civil Administrative21Code of Illinois", approved March 7, 1917, as amended. 22 (Source: Laws 1967, p. 4103.) 23 Section 5-130. The Illinois Act on the Aging is amended 24 by changing Section 5 as follows: 25 (20 ILCS 105/5) (from Ch. 23, par. 6105) 26 Sec. 5. The provisions of Sections 5-625, 5-630, 5-635, 27 5-640, 5-645, 5-650, and 5-65516, 17, 18, 19, 20, 25 and 2628 of"the Departments of State Government Law (20 ILCS 5/5-625, 29 5/5-630, 5/5-635, 5/5-640, 5/5-645, 5/5-650, and 5/5-655) 30Civil Administrative Code of Illinois", approved March 17,HB0236 Engrossed -447- LRB9100031DJcdA 11917, as now or hereafter amended, relating to regulations 2 for the conduct of a department, central and branch offices, 3 office hours, a seal, the obtaining and compensation of 4 employees, the annual reports, and cooperation between 5 departments, apply to the Department created by this Act. 6 (Source: P.A. 78-242.) 7 Section 5-135. The Personnel Code is amended by 8 changing Sections 8b.1 and 10 as follows: 9 (20 ILCS 415/8b.1) (from Ch. 127, par. 63b108b.1) 10 Sec. 8b.1. For open competitive examinations to test the 11 relative fitness of applicants for the respective positions. 12 Tests shall be designed to eliminate those who are not 13 qualified for entrance into or promotion within the service, 14 and to discover the relative fitness of those who are 15 qualified. The Director may use any one of or any combination 16 of the following examination methods which in his judgment 17 best serves this end: investigation of education; 18 investigation of experience; test of cultural knowledge; test 19 of capacity; test of knowledge; test of manual skill; test of 20 linguistic ability; test of character; test of physical 21 fitness; test of psychological fitness. No person with a 22 record of misdemeanor convictions except those under Sections 23 11-6, 11-7, 11-9, 11-14, 11-15, 11-17, 11-18, 11-19, 12-2, 24 12-6, 12-15, 14-4, 16-1, 21.1-3, 24-3.1, 24-5, 25-1, 28-3, 25 31-1, 31-4, 31-6, 31-7, 32-1, 32-2, 32-3, 32-4, 32-8 and 26 sub-sections 1, 6 and 8 of Section 24-1 of the Criminal Code 27 of 1961 or arrested for any cause but not convicted thereon 28 shall be disqualified from taking such examinations or 29 subsequent appointment, unless the person is attempting to 30 qualify for a position which would give him the powers of a 31 peace officer, in which case the person's conviction or 32 arrest record may be considered as a factor in determining HB0236 Engrossed -448- LRB9100031DJcdA 1 the person's fitness for the position. The eligibility 2 conditions specified for the position of Assistant Director 3 of Public Aid in the Department of Public Aid in Section 4 5-2307.08of"the Departments of State Government Law (20 5 ILCS 5/5-230)Civil Administrative Code of Illinois",6approved March 7, 1917, as amended,shall be applied to that 7 position in addition to other standards, tests or criteria 8 established by the Director. All examinations shall be 9 announced publicly at least 2 weeks in advance of the date of 10 the examinations and may be advertised through the press, 11 radio and other media. The Director may, however, in his 12 discretion, continue to receive applications and examine 13 candidates long enough to assure a sufficient number of 14 eligibles to meet the needs of the service and may add the 15 names of successful candidates to existing eligible lists in 16 accordance with their respective ratings. 17 The Director may, in his discretion, accept the results 18 of competitive examinations conducted by any merit system 19 established by federal law or by the law of any State, and 20 may compile eligible lists therefrom or may add the names of 21 successful candidates in examinations conducted by those 22 merit systems to existing eligible lists in accordance with 23 their respective ratings. No person who is a non-resident of 24 the State of Illinois may be appointed from those eligible 25 lists, however, unless the requirement that applicants be 26 residents of the State of Illinois is waived by the Director 27 of Central Management Services and unless there are less than 28 3 Illinois residents available for appointment from the 29 appropriate eligible list. The results of the examinations 30 conducted by other merit systems may not be used unless they 31 are comparable in difficulty and comprehensiveness to 32 examinations conducted by the Department of Central 33 Management Services for similar positions. Special linguistic 34 options may also be established where deemed appropriate. HB0236 Engrossed -449- LRB9100031DJcdA 1 (Source: P.A. 83-1067.) 2 (20 ILCS 415/10) (from Ch. 127, par. 63b110) 3 Sec. 10. Duties and powers of the Commission. The Civil 4 Service Commission shall have duties and powers as follows: 5 (1) Upon written recommendations by the Director of the 6 Department of Central Management Services to exempt from 7 jurisdiction B of this Act positions which, in the judgment 8 of the Commission, involve either principal administrative 9 responsibility for the determination of policy or principal 10 administrative responsibility for the way in which policies 11 are carried out. This authority may not be exercised, 12 however, with respect to the position of Assistant Director 13 of Public Aid in the Department of Public Aid. 14 (2) To require such special reports from the Director as 15 it may consider desirable. 16 (3) To disapprove original rules or any part thereof 17 within 90 days and any amendment thereof within 30 days after 18 the submission of such rules to the Civil Service Commission 19 by the Director, and to disapprove any amendments thereto in 20 the same manner. 21 (4) To approve or disapprove within 60 days from date of 22 submission the position classification plan submitted by the 23 Director as provided in the rules, and any revisions thereof 24 within 30 days from the date of submission. 25 (5) To hear appeals of employees who do not accept the 26 allocation of their positions under the position 27 classification plan. 28 (6) To hear and determine written charges filed seeking 29 the discharge, demotion of employees and suspension totaling 30 more than thirty days in any 12-month period, as provided in 31 Section 11 hereof, and appeals from transfers from one 32 geographical area in the State to another, and in connection 33 therewith to administer oaths, subpoena witnesses, and compel HB0236 Engrossed -450- LRB9100031DJcdA 1 the production of books and papers. 2 (7) The fees of subpoenaed witnesses under this Act for 3 attendance and travel shall be the same as fees of witnesses 4 before the circuit courts of the State, such fees to be paid 5 when the witness is excused from further attendance. 6 Whenever a subpoena is issued the Commission may require that 7 the cost of service and the fee of the witness shall be borne 8 by the party at whose insistence the witness is summoned. 9 The Commission has the power, at its discretion, to require a 10 deposit from such party to cover the cost of service and 11 witness fees and the payment of the legal witness fee and 12 mileage to the witness served with the subpoena. A subpoena 13 issued under this Act shall be served in the same manner as a 14 subpoena issued out of a court. 15 Upon the failure or refusal to obey a subpoena, a 16 petition shall be prepared by the party serving the subpoena 17 for enforcement in the circuit court of the county in which 18 the person to whom the subpoena was directed either resides 19 or has his or her principal place of business. 20 Not less than five days before the petition is filed in 21 the appropriate court, it shall be served on the person along 22 with a notice of the time and place the petition is to be 23 presented. 24 Following a hearing on the petition, the circuit court 25 shall have jurisdiction to enforce subpoenas issued pursuant 26 to this Section. 27 On motion and for good cause shown the Commission may 28 quash or modify any subpoena. 29 (8) To make an annual report regarding the work of the 30 Commission to the Governor, such report to be a public 31 report. 32 (9) If any violation of this Act is found, the 33 Commission shall direct compliance in writing. 34 (10) To appoint a full-time executive secretary and such HB0236 Engrossed -451- LRB9100031DJcdA 1 other employees, experts, and special assistants as may be 2 necessary to carry out the powers and duties of the 3 Commission under this Act and employees, experts, and special 4 assistants so appointed by the Commission shall be subject to 5 the provisions of jurisdictions A, B and C of this Act. These 6 powers and duties supersede any contrary provisions herein 7 contained. 8 (11) To make rules to carry out and implement their 9 powers and duties under this Act, with authority to amend 10 such rules from time to time. 11 (12) To hear or conduct investigations as it deems 12 necessary of appeals of layoff filed by employees appointed 13 under Jurisdiction B after examination provided that such 14 appeals are filed within 15 calendar days following the 15 effective date of such layoff and are made on the basis that 16 the provisions of the Personnel Code or of the Rules of the 17 Department of Central Management Services relating to layoff 18 have been violated or have not been complied with. 19 All hearings shall be public. A decision shall be 20 rendered within 60 days after receipt of the transcript of 21 the proceedings. The Commission shall order the 22 reinstatement of the employee if it is proven that the 23 provisions of the Personnel Code or of the Rules of the 24 Department of Central Management Services relating to layoff 25 have been violated or have not been complied with. In 26 connection therewith the Commission may administer oaths, 27 subpoena witnesses, and compel the production of books and 28 papers. 29 (13) Whenever the Civil Service Commission is authorized 30 or required by law to consider some aspect of criminal 31 history record information for the purpose of carrying out 32 its statutory powers and responsibilities, then, upon request 33 and payment of fees in conformance with the requirements of 34subsection 22 ofSection 2605-40055aof"the Department of HB0236 Engrossed -452- LRB9100031DJcdA 1 State Police Law (20 ILCS 2605/2605-400)Civil Administrative2Code of Illinois", the Department of State Police is 3 authorized to furnish, pursuant to positive identification, 4 such information contained in State files as is necessary to 5 fulfill the request. 6 (Source: P.A. 86-610.) 7 Section 5-140. The Children and Family Services Act is 8 amended by changing Section 5 as follows: 9 (20 ILCS 505/5) (from Ch. 23, par. 5005) 10 Sec. 5. Direct child welfare services; Department of 11 Children and Family Services. To provide direct child welfare 12 services when not available through other public or private 13 child care or program facilities. 14 (a) For purposes of this Section: 15 (1) "Children" means persons found within the State 16 who are under the age of 18 years. The term also 17 includes persons under age 19 who: 18 (A) were committed to the Department pursuant 19 to the Juvenile Court Act or the Juvenile Court Act 20 of 1987, as amended, prior to the age of 18 and who 21 continue under the jurisdiction of the court; or 22 (B) were accepted for care, service and 23 training by the Department prior to the age of 18 24 and whose best interest in the discretion of the 25 Department would be served by continuing that care, 26 service and training because of severe emotional 27 disturbances, physical disability, social adjustment 28 or any combination thereof, or because of the need 29 to complete an educational or vocational training 30 program. 31 (2) "Homeless youth" means persons found within the 32 State who are under the age of 19, are not in a safe and HB0236 Engrossed -453- LRB9100031DJcdA 1 stable living situation and cannot be reunited with their 2 families. 3 (3) "Child welfare services" means public social 4 services which are directed toward the accomplishment of 5 the following purposes: 6 (A) protecting and promoting the health, 7 safety and welfare of children, including homeless, 8 dependent or neglected children; 9 (B) remedying, or assisting in the solution of 10 problems which may result in, the neglect, abuse, 11 exploitation or delinquency of children; 12 (C) preventing the unnecessary separation of 13 children from their families by identifying family 14 problems, assisting families in resolving their 15 problems, and preventing the breakup of the family 16 where the prevention of child removal is desirable 17 and possible when the child can be cared for at home 18 without endangering the child's health and safety; 19 (D) restoring to their families children who 20 have been removed, by the provision of services to 21 the child and the families when the child can be 22 cared for at home without endangering the child's 23 health and safety; 24 (E) placing children in suitable adoptive 25 homes, in cases where restoration to the biological 26 family is not safe, possible or appropriate; 27 (F) assuring safe and adequate care of 28 children away from their homes, in cases where the 29 child cannot be returned home or cannot be placed 30 for adoption. At the time of placement, the 31 Department shall consider concurrent planning, as 32 described in subsection (l-1) of this Section so 33 that permanency may occur at the earliest 34 opportunity. Consideration should be given so that HB0236 Engrossed -454- LRB9100031DJcdA 1 if reunification fails or is delayed, the placement 2 made is the best available placement to provide 3 permanency for the child; 4 (G) (blank); 5 (H) (blank); and 6 (I) placing and maintaining children in 7 facilities that provide separate living quarters for 8 children under the age of 18 and for children 18 9 years of age and older, unless a child 18 years of 10 age is in the last year of high school education or 11 vocational training, in an approved individual or 12 group treatment program, in a licensed shelter 13 facility, or secure child care facility. The 14 Department is not required to place or maintain 15 children: 16 (i) who are in a foster home, or 17 (ii) who are persons with a developmental 18 disability, as defined in the Mental Health and 19 Developmental Disabilities Code, or 20 (iii) who are female children who are 21 pregnant, pregnant and parenting or parenting, 22 or 23 (iv) who are siblings, 24 in facilities that provide separate living quarters 25 for children 18 years of age and older and for 26 children under 18 years of age. 27 (b) Nothing in this Section shall be construed to 28 authorize the expenditure of public funds for the purpose of 29 performing abortions. 30 (c) The Department shall establish and maintain 31 tax-supported child welfare services and extend and seek to 32 improve voluntary services throughout the State, to the end 33 that services and care shall be available on an equal basis 34 throughout the State to children requiring such services. HB0236 Engrossed -455- LRB9100031DJcdA 1 (d) The Director may authorize advance disbursements for 2 any new program initiative to any agency contracting with the 3 Department. As a prerequisite for an advance disbursement, 4 the contractor must post a surety bond in the amount of the 5 advance disbursement and have a purchase of service contract 6 approved by the Department. The Department may pay up to 2 7 months operational expenses in advance. The amount of the 8 advance disbursement shall be prorated over the life of the 9 contract or the remaining months of the fiscal year, 10 whichever is less, and the installment amount shall then be 11 deducted from future bills. Advance disbursement 12 authorizations for new initiatives shall not be made to any 13 agency after that agency has operated during 2 consecutive 14 fiscal years. The requirements of this Section concerning 15 advance disbursements shall not apply with respect to the 16 following: payments to local public agencies for child day 17 care services as authorized by Section 5a of this Act; and 18 youth service programs receiving grant funds under Section 19 17a-4. 20 (e) (Blank). 21 (f) (Blank). 22 (g) The Department shall establish rules and regulations 23 concerning its operation of programs designed to meet the 24 goals of child safety and protection, family preservation, 25 family reunification, and adoption, including but not limited 26 to: 27 (1) adoption; 28 (2) foster care; 29 (3) family counseling; 30 (4) protective services; 31 (5) (blank); 32 (6) homemaker service; 33 (7) return of runaway children; 34 (8) (blank); HB0236 Engrossed -456- LRB9100031DJcdA 1 (9) placement under Section 5-7 of the Juvenile 2 Court Act or Section 2-27, 3-28, 4-25 or 5-740 of the 3 Juvenile Court Act of 1987 in accordance with the federal 4 Adoption Assistance and Child Welfare Act of 1980; and 5 (10) interstate services. 6 Rules and regulations established by the Department shall 7 include provisions for training Department staff and the 8 staff of Department grantees, through contracts with other 9 agencies or resources, in alcohol and drug abuse screening 10 techniques approved by the Department of Human Services, as a 11 successor to the Department of Alcoholism and Substance 12 Abuse, for the purpose of identifying children and adults who 13 should be referred to an alcohol and drug abuse treatment 14 program for professional evaluation. 15 (h) If the Department finds that there is no appropriate 16 program or facility within or available to the Department for 17 a ward and that no licensed private facility has an adequate 18 and appropriate program or none agrees to accept the ward, 19 the Department shall create an appropriate individualized, 20 program-oriented plan for such ward. The plan may be 21 developed within the Department or through purchase of 22 services by the Department to the extent that it is within 23 its statutory authority to do. 24 (i) Service programs shall be available throughout the 25 State and shall include but not be limited to the following 26 services: 27 (1) case management; 28 (2) homemakers; 29 (3) counseling; 30 (4) parent education; 31 (5) day care; and 32 (6) emergency assistance and advocacy. 33 In addition, the following services may be made available 34 to assess and meet the needs of children and families: HB0236 Engrossed -457- LRB9100031DJcdA 1 (1) comprehensive family-based services; 2 (2) assessments; 3 (3) respite care; and 4 (4) in-home health services. 5 The Department shall provide transportation for any of 6 the services it makes available to children or families or 7 for which it refers children or families. 8 (j) The Department may provide categories of financial 9 assistance and education assistance grants, and shall 10 establish rules and regulations concerning the assistance and 11 grants, to persons who adopt physically or mentally 12 handicapped, older and other hard-to-place children who (i) 13 immediately prior to their adoption were legal wards of the 14 Department or (ii) were determined eligible for financial 15 assistance with respect to a prior adoption and who become 16 available for adoption because the prior adoption has been 17 dissolved and the parental rights of the adoptive parents 18 have been terminated or because the child's adoptive parents 19 have died. The Department may also provide categories of 20 financial assistance and education assistance grants, and 21 shall establish rules and regulations for the assistance and 22 grants, to persons appointed guardian of the person under 23 Section 5-7 of the Juvenile Court Act or Section 2-27, 3-28, 24 4-25 or 5-740 of the Juvenile Court Act of 1987 for children 25 who were wards of the Department for 12 months immediately 26 prior to the appointment of the guardian. 27 The amount of assistance may vary, depending upon the 28 needs of the child and the adoptive parents, as set forth in 29 the annual assistance agreement. Special purpose grants are 30 allowed where the child requires special service but such 31 costs may not exceed the amounts which similar services would 32 cost the Department if it were to provide or secure them as 33 guardian of the child. 34 Any financial assistance provided under this subsection HB0236 Engrossed -458- LRB9100031DJcdA 1 is inalienable by assignment, sale, execution, attachment, 2 garnishment, or any other remedy for recovery or collection 3 of a judgment or debt. 4 (j-5) The Department shall not deny or delay the 5 placement of a child for adoption if an approved family is 6 available either outside of the Department region handling 7 the case, or outside of the State of Illinois. 8 (k) The Department shall accept for care and training 9 any child who has been adjudicated neglected or abused, or 10 dependent committed to it pursuant to the Juvenile Court Act 11 or the Juvenile Court Act of 1987. 12 (l) Before July 1, 2000, the Department may provide, and 13 beginning July 1, 2000, the Department shall offer family 14 preservation services, as defined in Section 8.2 of the 15 Abused and Neglected Child Reporting Act, to help families, 16 including adoptive and extended families. Family preservation 17 services shall be offered (i) to prevent the placement of 18 children in substitute care when the children can be cared 19 for at home or in the custody of the person responsible for 20 the children's welfare, (ii) to reunite children with their 21 families, or (iii) to maintain an adoptive placement. Family 22 preservation services shall only be offered when doing so 23 will not endanger the children's health or safety. With 24 respect to children who are in substitute care pursuant to 25 the Juvenile Court Act of 1987, family preservation services 26 shall not be offered if a goal other than those of 27 subdivisions (A), (B), or (B-1) of subsection (2) of Section 28 2-28 of that Act has been set. Nothing in this paragraph 29 shall be construed to create a private right of action or 30 claim on the part of any individual or child welfare agency. 31 The Department shall notify the child and his family of 32 the Department's responsibility to offer and provide family 33 preservation services as identified in the service plan. The 34 child and his family shall be eligible for services as soon HB0236 Engrossed -459- LRB9100031DJcdA 1 as the report is determined to be "indicated". The 2 Department may offer services to any child or family with 3 respect to whom a report of suspected child abuse or neglect 4 has been filed, prior to concluding its investigation under 5 Section 7.12 of the Abused and Neglected Child Reporting Act. 6 However, the child's or family's willingness to accept 7 services shall not be considered in the investigation. The 8 Department may also provide services to any child or family 9 who is the subject of any report of suspected child abuse or 10 neglect or may refer such child or family to services 11 available from other agencies in the community, even if the 12 report is determined to be unfounded, if the conditions in 13 the child's or family's home are reasonably likely to subject 14 the child or family to future reports of suspected child 15 abuse or neglect. Acceptance of such services shall be 16 voluntary. 17 The Department may, at its discretion except for those 18 children also adjudicated neglected or dependent, accept for 19 care and training any child who has been adjudicated 20 addicted, as a truant minor in need of supervision or as a 21 minor requiring authoritative intervention, under the 22 Juvenile Court Act or the Juvenile Court Act of 1987, but no 23 such child shall be committed to the Department by any court 24 without the approval of the Department. A minor charged with 25 a criminal offense under the Criminal Code of 1961 or 26 adjudicated delinquent shall not be placed in the custody of 27 or committed to the Department by any court, except a minor 28 less than 13 years of age committed to the Department under 29 Section 5-710 of the Juvenile Court Act of 1987. 30 (l-1) The legislature recognizes that the best interests 31 of the child require that the child be placed in the most 32 permanent living arrangement as soon as is practically 33 possible. To achieve this goal, the legislature directs the 34 Department of Children and Family Services to conduct HB0236 Engrossed -460- LRB9100031DJcdA 1 concurrent planning so that permanency may occur at the 2 earliest opportunity. Permanent living arrangements may 3 include prevention of placement of a child outside the home 4 of the family when the child can be cared for at home without 5 endangering the child's health or safety; reunification with 6 the family, when safe and appropriate, if temporary placement 7 is necessary; or movement of the child toward the most 8 permanent living arrangement and permanent legal status. 9 When determining reasonable efforts to be made with 10 respect to a child, as described in this subsection, and in 11 making such reasonable efforts, the child's health and safety 12 shall be the paramount concern. 13 When a child is placed in foster care, the Department 14 shall ensure and document that reasonable efforts were made 15 to prevent or eliminate the need to remove the child from the 16 child's home. The Department must make reasonable efforts to 17 reunify the family when temporary placement of the child 18 occurs unless otherwise required, pursuant to the Juvenile 19 Court Act of 1987. At any time after the dispositional 20 hearing where the Department believes that further 21 reunification services would be ineffective, it may request a 22 finding from the court that reasonable efforts are no longer 23 appropriate. The Department is not required to provide 24 further reunification services after such a finding. 25 A decision to place a child in substitute care shall be 26 made with considerations of the child's health, safety, and 27 best interests. At the time of placement, consideration 28 should also be given so that if reunification fails or is 29 delayed, the placement made is the best available placement 30 to provide permanency for the child. 31 The Department shall adopt rules addressing concurrent 32 planning for reunification and permanency. The Department 33 shall consider the following factors when determining 34 appropriateness of concurrent planning: HB0236 Engrossed -461- LRB9100031DJcdA 1 (1) the likelihood of prompt reunification; 2 (2) the past history of the family; 3 (3) the barriers to reunification being addressed 4 by the family; 5 (4) the level of cooperation of the family; 6 (5) the foster parents' willingness to work with 7 the family to reunite; 8 (6) the willingness and ability of the foster 9 family to provide an adoptive home or long-term 10 placement; 11 (7) the age of the child; 12 (8) placement of siblings. 13 (m) The Department may assume temporary custody of any 14 child if: 15 (1) it has received a written consent to such 16 temporary custody signed by the parents of the child or 17 by the parent having custody of the child if the parents 18 are not living together or by the guardian or custodian 19 of the child if the child is not in the custody of either 20 parent, or 21 (2) the child is found in the State and neither a 22 parent, guardian nor custodian of the child can be 23 located. 24 If the child is found in his or her residence without a 25 parent, guardian, custodian or responsible caretaker, the 26 Department may, instead of removing the child and assuming 27 temporary custody, place an authorized representative of the 28 Department in that residence until such time as a parent, 29 guardian or custodian enters the home and expresses a 30 willingness and apparent ability to ensure the child's health 31 and safety and resume permanent charge of the child, or until 32 a relative enters the home and is willing and able to ensure 33 the child's health and safety and assume charge of the child 34 until a parent, guardian or custodian enters the home and HB0236 Engrossed -462- LRB9100031DJcdA 1 expresses such willingness and ability to ensure the child's 2 safety and resume permanent charge. After a caretaker has 3 remained in the home for a period not to exceed 12 hours, the 4 Department must follow those procedures outlined in Section 5 2-9, 3-11, 4-8 or 5-501 of the Juvenile Court Act of 1987. 6 The Department shall have the authority, responsibilities 7 and duties that a legal custodian of the child would have 8 pursuant to subsection (9) of Section 1-3 of the Juvenile 9 Court Act of 1987. Whenever a child is taken into temporary 10 custody pursuant to an investigation under the Abused and 11 Neglected Child Reporting Act, or pursuant to a referral and 12 acceptance under the Juvenile Court Act of 1987 of a minor in 13 limited custody, the Department, during the period of 14 temporary custody and before the child is brought before a 15 judicial officer as required by Section 2-9, 3-11, 4-8 or 16 5-501 of the Juvenile Court Act of 1987, shall have the 17 authority, responsibilities and duties that a legal custodian 18 of the child would have under subsection (9) of Section 1-3 19 of the Juvenile Court Act of 1987. 20 The Department shall ensure that any child taken into 21 custody is scheduled for an appointment for a medical 22 examination. 23 A parent, guardian or custodian of a child in the 24 temporary custody of the Department who would have custody of 25 the child if he were not in the temporary custody of the 26 Department may deliver to the Department a signed request 27 that the Department surrender the temporary custody of the 28 child. The Department may retain temporary custody of the 29 child for 10 days after the receipt of the request, during 30 which period the Department may cause to be filed a petition 31 pursuant to the Juvenile Court Act of 1987. If a petition is 32 so filed, the Department shall retain temporary custody of 33 the child until the court orders otherwise. If a petition is 34 not filed within the 10 day period, the child shall be HB0236 Engrossed -463- LRB9100031DJcdA 1 surrendered to the custody of the requesting parent, guardian 2 or custodian not later than the expiration of the 10 day 3 period, at which time the authority and duties of the 4 Department with respect to the temporary custody of the child 5 shall terminate. 6 (m-1) The Department may place children under 18 years 7 of age in a secure child care facility licensed by the 8 Department that cares for children who are in need of secure 9 living arrangements for their health, safety, and well-being 10 after a determination is made by the facility director and 11 the Director or the Director's designate prior to admission 12 to the facility subject to Section 2-27.1 of the Juvenile 13 Court Act of 1987. This subsection (m-1) does not apply to a 14 child who is subject to placement in a correctional facility 15 operated pursuant to Section 3-15-2 of the Unified Code of 16 Corrections. 17 (n) The Department may place children under 18 years of 18 age in licensed child care facilities when in the opinion of 19 the Department, appropriate services aimed at family 20 preservation have been unsuccessful and cannot ensure the 21 child's health and safety or are unavailable and such 22 placement would be for their best interest. Payment for 23 board, clothing, care, training and supervision of any child 24 placed in a licensed child care facility may be made by the 25 Department, by the parents or guardians of the estates of 26 those children, or by both the Department and the parents or 27 guardians, except that no payments shall be made by the 28 Department for any child placed in a licensed child care 29 facility for board, clothing, care, training and supervision 30 of such a child that exceed the average per capita cost of 31 maintaining and of caring for a child in institutions for 32 dependent or neglected children operated by the Department. 33 However, such restriction on payments does not apply in cases 34 where children require specialized care and treatment for HB0236 Engrossed -464- LRB9100031DJcdA 1 problems of severe emotional disturbance, physical 2 disability, social adjustment, or any combination thereof and 3 suitable facilities for the placement of such children are 4 not available at payment rates within the limitations set 5 forth in this Section. All reimbursements for services 6 delivered shall be absolutely inalienable by assignment, 7 sale, attachment, garnishment or otherwise. 8 (o) The Department shall establish an administrative 9 review and appeal process for children and families who 10 request or receive child welfare services from the 11 Department. Children who are wards of the Department and are 12 placed by private child welfare agencies, and foster families 13 with whom those children are placed, shall be afforded the 14 same procedural and appeal rights as children and families in 15 the case of placement by the Department, including the right 16 to an initial review of a private agency decision by that 17 agency. The Department shall insure that any private child 18 welfare agency, which accepts wards of the Department for 19 placement, affords those rights to children and foster 20 families. The Department shall accept for administrative 21 review and an appeal hearing a complaint made by (i) a child 22 or foster family concerning a decision following an initial 23 review by a private child welfare agency or (ii) a 24 prospective adoptive parent who alleges a violation of 25 subsection (j-5) of this Section. An appeal of a decision 26 concerning a change in the placement of a child shall be 27 conducted in an expedited manner. 28 (p) There is hereby created the Department of Children 29 and Family Services Emergency Assistance Fund from which the 30 Department may provide special financial assistance to 31 families which are in economic crisis when such assistance is 32 not available through other public or private sources and the 33 assistance is deemed necessary to prevent dissolution of the 34 family unit or to reunite families which have been separated HB0236 Engrossed -465- LRB9100031DJcdA 1 due to child abuse and neglect. The Department shall 2 establish administrative rules specifying the criteria for 3 determining eligibility for and the amount and nature of 4 assistance to be provided. The Department may also enter 5 into written agreements with private and public social 6 service agencies to provide emergency financial services to 7 families referred by the Department. Special financial 8 assistance payments shall be available to a family no more 9 than once during each fiscal year and the total payments to a 10 family may not exceed $500 during a fiscal year. 11 (q) The Department may receive and use, in their 12 entirety, for the benefit of children any gift, donation or 13 bequest of money or other property which is received on 14 behalf of such children, or any financial benefits to which 15 such children are or may become entitled while under the 16 jurisdiction or care of the Department. 17 The Department shall set up and administer no-cost, 18 interest-bearing savings accounts in appropriate financial 19 institutions ("individual accounts") for children for whom 20 the Department is legally responsible and who have been 21 determined eligible for Veterans' Benefits, Social Security 22 benefits, assistance allotments from the armed forces, court 23 ordered payments, parental voluntary payments, Supplemental 24 Security Income, Railroad Retirement payments, Black Lung 25 benefits, or other miscellaneous payments. Interest earned 26 by each individual account shall be credited to the account, 27 unless disbursed in accordance with this subsection. 28 In disbursing funds from children's individual accounts, 29 the Department shall: 30 (1) Establish standards in accordance with State 31 and federal laws for disbursing money from children's 32 individual accounts. In all circumstances, the 33 Department's "Guardianship Administrator" or his or her 34 designee must approve disbursements from children's HB0236 Engrossed -466- LRB9100031DJcdA 1 individual accounts. The Department shall be responsible 2 for keeping complete records of all disbursements for 3 each individual account for any purpose. 4 (2) Calculate on a monthly basis the amounts paid 5 from State funds for the child's board and care, medical 6 care not covered under Medicaid, and social services; and 7 utilize funds from the child's individual account, as 8 covered by regulation, to reimburse those costs. 9 Monthly, disbursements from all children's individual 10 accounts, up to 1/12 of $13,000,000, shall be deposited 11 by the Department into the General Revenue Fund and the 12 balance over 1/12 of $13,000,000 into the DCFS Children's 13 Services Fund. 14 (3) Maintain any balance remaining after 15 reimbursing for the child's costs of care, as specified 16 in item (2). The balance shall accumulate in accordance 17 with relevant State and federal laws and shall be 18 disbursed to the child or his or her guardian, or to the 19 issuing agency. 20 (r) The Department shall promulgate regulations 21 encouraging all adoption agencies to voluntarily forward to 22 the Department or its agent names and addresses of all 23 persons who have applied for and have been approved for 24 adoption of a hard-to-place or handicapped child and the 25 names of such children who have not been placed for adoption. 26 A list of such names and addresses shall be maintained by the 27 Department or its agent, and coded lists which maintain the 28 confidentiality of the person seeking to adopt the child and 29 of the child shall be made available, without charge, to 30 every adoption agency in the State to assist the agencies in 31 placing such children for adoption. The Department may 32 delegate to an agent its duty to maintain and make available 33 such lists. The Department shall ensure that such agent 34 maintains the confidentiality of the person seeking to adopt HB0236 Engrossed -467- LRB9100031DJcdA 1 the child and of the child. 2 (s) The Department of Children and Family Services may 3 establish and implement a program to reimburse Department and 4 private child welfare agency foster parents licensed by the 5 Department of Children and Family Services for damages 6 sustained by the foster parents as a result of the malicious 7 or negligent acts of foster children, as well as providing 8 third party coverage for such foster parents with regard to 9 actions of foster children to other individuals. Such 10 coverage will be secondary to the foster parent liability 11 insurance policy, if applicable. The program shall be funded 12 through appropriations from the General Revenue Fund, 13 specifically designated for such purposes. 14 (t) The Department shall perform home studies and 15 investigations and shall exercise supervision over visitation 16 as ordered by a court pursuant to the Illinois Marriage and 17 Dissolution of Marriage Act or the Adoption Act only if: 18 (1) an order entered by an Illinois court 19 specifically directs the Department to perform such 20 services; and 21 (2) the court has ordered one or both of the 22 parties to the proceeding to reimburse the Department for 23 its reasonable costs for providing such services in 24 accordance with Department rules, or has determined that 25 neither party is financially able to pay. 26 The Department shall provide written notification to the 27 court of the specific arrangements for supervised visitation 28 and projected monthly costs within 60 days of the court 29 order. The Department shall send to the court information 30 related to the costs incurred except in cases where the court 31 has determined the parties are financially unable to pay. The 32 court may order additional periodic reports as appropriate. 33 (u) Whenever the Department places a child in a licensed 34 foster home, group home, child care institution, or in a HB0236 Engrossed -468- LRB9100031DJcdA 1 relative home, the Department shall provide to the caretaker: 2 (1) available detailed information concerning the 3 child's educational and health history, copies of 4 immunization records (including insurance and medical 5 card information), a history of the child's previous 6 placements, if any, and reasons for placement changes 7 excluding any information that identifies or reveals the 8 location of any previous caretaker; 9 (2) a copy of the child's portion of the client 10 service plan, including any visitation arrangement, and 11 all amendments or revisions to it as related to the 12 child; and 13 (3) information containing details of the child's 14 individualized educational plan when the child is 15 receiving special education services. 16 The caretaker shall be informed of any known social or 17 behavioral information (including, but not limited to, 18 criminal background, fire setting, perpetuation of sexual 19 abuse, destructive behavior, and substance abuse) necessary 20 to care for and safeguard the child. 21 (u-5) Effective July 1, 1995, only foster care 22 placements licensed as foster family homes pursuant to the 23 Child Care Act of 1969 shall be eligible to receive foster 24 care payments from the Department. Relative caregivers who, 25 as of July 1, 1995, were approved pursuant to approved 26 relative placement rules previously promulgated by the 27 Department at 89 Ill. Adm. Code 335 and had submitted an 28 application for licensure as a foster family home may 29 continue to receive foster care payments only until the 30 Department determines that they may be licensed as a foster 31 family home or that their application for licensure is denied 32 or until September 30, 1995, whichever occurs first. 33 (v) The Department shall access criminal history record 34 information as defined in the Illinois Uniform Conviction HB0236 Engrossed -469- LRB9100031DJcdA 1 Information Act and information maintained in the 2 adjudicatory and dispositional record system as defined in 3subdivision (A)19 ofSection 2605-35555aof the Department 4 of State Police Law (20 ILCS 2605/2605-355)Civil5Administrative Code of Illinoisif the Department determines 6 the information is necessary to perform its duties under the 7 Abused and Neglected Child Reporting Act, the Child Care Act 8 of 1969, and the Children and Family Services Act. The 9 Department shall provide for interactive computerized 10 communication and processing equipment that permits direct 11 on-line communication with the Department of State Police's 12 central criminal history data repository. The Department 13 shall comply with all certification requirements and provide 14 certified operators who have been trained by personnel from 15 the Department of State Police. In addition, one Office of 16 the Inspector General investigator shall have training in the 17 use of the criminal history information access system and 18 have access to the terminal. The Department of Children and 19 Family Services and its employees shall abide by rules and 20 regulations established by the Department of State Police 21 relating to the access and dissemination of this information. 22 (w) Within 120 days of August 20, 1995 (the effective 23 date of Public Act 89-392), the Department shall prepare and 24 submit to the Governor and the General Assembly, a written 25 plan for the development of in-state licensed secure child 26 care facilities that care for children who are in need of 27 secure living arrangements for their health, safety, and 28 well-being. For purposes of this subsection, secure care 29 facility shall mean a facility that is designed and operated 30 to ensure that all entrances and exits from the facility, a 31 building or a distinct part of the building, are under the 32 exclusive control of the staff of the facility, whether or 33 not the child has the freedom of movement within the 34 perimeter of the facility, building, or distinct part of the HB0236 Engrossed -470- LRB9100031DJcdA 1 building. The plan shall include descriptions of the types 2 of facilities that are needed in Illinois; the cost of 3 developing these secure care facilities; the estimated number 4 of placements; the potential cost savings resulting from the 5 movement of children currently out-of-state who are projected 6 to be returned to Illinois; the necessary geographic 7 distribution of these facilities in Illinois; and a proposed 8 timetable for development of such facilities. 9 (Source: P.A. 89-21, eff. 6-6-95; 89-392, eff. 8-20-95; 10 89-507, eff. 7-1-97; 89-626, eff. 8-9-96; 90-11, eff. 1-1-98; 11 90-27, eff. 1-1-98; 90-28, eff. 1-1-98; 90-362, eff. 1-1-98; 12 90-590, eff. 1-1-99; 90-608, eff. 6-30-98; 90-655, eff. 13 7-30-98; revised 8-12-98.) 14 Section 5-142. The Illinois Commission on Community 15 Service Act is amended by changing Section 10 as follows: 16 (20 ILCS 710/10) 17 Sec. 10. Civil Administrative Code. To the extent that 18 Section 405-50067.35of the Department of Central Management 19 Services Law (20 ILCS 405/405-500)Civil Administrative Code20of Illinoisis applicable to this Act, this Act is subject to 21 the provisions of Section 405-50067.35of the Department of 22 Central Management Services Law (20 ILCS 405/405-500)Civil23Administrative Code of Illinois. 24 (Source: P.A. 90-609, eff. 6-30-98.) 25 Section 5-145. The Financial Institutions Code is amended 26 by changing Section 6 as follows: 27 (20 ILCS 1205/6) (from Ch. 17, par. 106) 28 Sec. 6. In addition to the duties imposed elsewhere in 29 this Act, the Department has the following powers: 30 (1) To exercise the rights, powers and duties vested by HB0236 Engrossed -471- LRB9100031DJcdA 1 law in the Auditor of Public Accounts under "An Act to 2 provide for the incorporation, management and regulation of 3 pawners' societies and limiting the rate of compensation to 4 be paid for advances, storage and insurance on pawns and 5 pledges and to allow the loaning of money upon personal 6 property", approved March 29, 1899, as amended. 7 (2) To exercise the rights, powers and duties vested by 8 law in the Auditor of Public Accounts under "An Act in 9 relation to the definition, licensing and regulation of 10 community currency exchanges and ambulatory currency 11 exchanges, and the operators and employees thereof, and to 12 make an appropriation therefor, and to provide penalties and 13 remedies for the violation thereof", approved June 30, 1943, 14 as amended. 15 (3) To exercise the rights, powers, and duties vested by 16 law in the Auditor of Public Accounts under "An Act in 17 relation to the buying and selling of foreign exchange and 18 the transmission or transfer of money to foreign countries", 19 approved June 28, 1923, as amended. 20 (4) To exercise the rights, powers, and duties vested by 21 law in the Auditor of Public Accounts under "An Act to 22 provide for and regulate the business of guaranteeing titles 23 to real estate by corporations", approved May 13, 1901, as 24 amended. 25 (5) To exercise the rights, powers and duties vested by 26 law in the Department of Insurance under "An Act to define, 27 license, and regulate the business of making loans of eight 28 hundred dollars or less, permitting an interest charge 29 thereon greater than otherwise allowed by law, authorizing 30 and regulating the assignment of wages or salary when taken 31 as security for any such loan or as consideration for a 32 payment of eight hundred dollars or less, providing 33 penalties, and to repeal Acts therein named", approved July 34 11, 1935, as amended. HB0236 Engrossed -472- LRB9100031DJcdA 1 (6) To administer and enforce "An Act to license and 2 regulate the keeping and letting of safety deposit boxes, 3 safes, and vaults, and the opening thereof, and to repeal a 4 certain Act therein named", approved June 13, 1945, as 5 amended. 6 (7) Whenever the Department is authorized or required by 7 law to consider some aspect of criminal history record 8 information for the purpose of carrying out its statutory 9 powers and responsibilities, then, upon request and payment 10 of fees in conformance with the requirements ofsubsection 2211ofSection 2605-40055aof"the Department of State Police 12 Law (20 ILCS 2605/2605-400)Civil Administrative Code of13Illinois", the Department of State Police is authorized to 14 furnish, pursuant to positive identification, such 15 information contained in State files as is necessary to 16 fulfill the request. 17 (Source: P.A. 86-610.) 18 Section 5-147. The Department of Human Services Act is 19 amended by changing Sections 1-15 and 10-25 as follows: 20 (20 ILCS 1305/1-15) 21 Sec. 1-15. Department; Secretary; organization. 22 (a) The Department of Human Services, created in Section 23 5-153of the Departments of State Government Law (20 ILCS 24 5/5-15)Civil Administrative Code of Illinois, shall begin 25 operation on July 1, 1997. 26 (b) The Department shall be under the direction of the 27 Secretary of Human Services and 2 Assistant Secretaries, as 28 provided in the Civil Administrative Code of Illinois. 29 (c) The Governor may appoint up to 7 Associate 30 Secretaries to head the major programmatic divisions of the 31 Department. Associate Secretaries shall be appointed for 32 2-year terms and shall be subject to confirmation by the HB0236 Engrossed -473- LRB9100031DJcdA 1 Senate in the same manner as the Assistant Secretaries. The 2 compensation of Associate Secretaries shall be determined by 3 the Secretary. 4 (d) The Secretary shall create divisions and 5 administrative units within the Department and shall assign 6 functions, powers, duties, and personnel as may now or in the 7 future be required by federal law. The Secretary may create 8 other divisions and administrative units and may assign other 9 functions, powers, duties, and personnel as may be necessary 10 or desirable to carry out the functions and responsibilities 11 vested by law in the Department. 12 (Source: P.A. 89-507, eff. 7-3-96.) 13 (20 ILCS 1305/10-25) 14 Sec. 10-25. Women, Infants, and Children Nutrition 15 Program. 16 (a) The Department shall participate in the Women, 17 Infants and Children Nutrition program of the federal 18 government to the maximum extent permitted by the federal 19 appropriation and allocation to the State of Illinois. The 20 Department shall report quarterly to the Governor and the 21 General Assembly the status of obligations and expenditures 22 of the WIC nutrition program appropriation and make 23 recommendations on actions necessary to expend all available 24 federal funds. Other appropriations and funds from any 25 public or private source in addition to federal funds may be 26 used by the Department for the purpose of maximum 27 participation in the WIC nutrition program. 28 (b) The Department shall maintain a drug abuse education 29 program for participants in the Women, Infants and Children 30 Nutrition Program. The program shall include but need not be 31 limited to (1) the provision of information concerning the 32 dangers of drug abuse and (2) the referral of participants 33 who are suspected drug abusers to drug abuse clinics, HB0236 Engrossed -474- LRB9100031DJcdA 1 treatment programs, counselors or other drug abuse treatment 2 providers. 3 (c) The Department shall cooperate with the Department 4 of Public Health for purposes of the smoking cessation 5 program for participants in the Women, Infants and Children 6 Nutrition Program maintained by the Department of Public 7 Health under Section 2310-43555.44of the Department of 8 Public Health Powers and Duties Law (20 ILCS 2310/2310-435) 9Civil Administrative Code of Illinois. 10 (d) The Department may contract with any bank as defined 11 by the Illinois Banking Act to redeem bank drafts issued by 12 the Department under the United States Department of 13 Agriculture Special Supplemental Food Program for Women, 14 Infants and Children (WIC). Any bank with which the 15 Department has entered into a contract to redeem bank drafts 16 may receive, pursuant to an appropriation to the Department, 17 an initial advance and periodic payment of funds for the 18 Women, Infants and Children Program in amounts determined by 19 the Secretary. Notwithstanding any other law, such funds 20 shall be retained in a separate account by the bank. Any 21 interest earned by monies in such account shall accrue to the 22 USDA Women, Infants and Children Fund and shall be used 23 exclusively for the redemption of bank drafts issued by the 24 Department. WIC program food funds received by the bank from 25 the Department shall be used exclusively for the redemption 26 of bank drafts. The bank shall not use such food funds, or 27 interest accrued thereon, for any other purpose including, 28 but not limited to, reimbursement of administrative expenses 29 or payments of administrative fees due the bank pursuant to 30 its contract or contracts with the Department. 31 Such initial and periodic payments by the Department to 32 the bank shall be effected, pursuant to an appropriation, in 33 an amount needed for the redemption of bank drafts issued by 34 the Department under the United States Department of HB0236 Engrossed -475- LRB9100031DJcdA 1 Agriculture Special Supplemental Food Program for Women, 2 Infants and Children in any initial or succeeding period. 3 The State Comptroller shall, upon presentation by the 4 Secretary of adequate certification of funds needed for 5 redemption of bank drafts, promptly draw a warrant payable to 6 the bank for deposit to the separate account of the bank. 7 Such certification may be in magnetic tape or computer output 8 form, indicating the amount of the total payment made by the 9 bank for the redemption of bank drafts from funds provided to 10 the bank under this Section. 11 The separate account of the bank established under this 12 Section, any payments to that account, and the use of such 13 account and funds shall be subject to (1) audit by the 14 Department or a private contractor authorized by the 15 Department to conduct audits, including but not limited to 16 such audits as may be required by State law, (2) audit by the 17 federal government or a private contractor authorized by the 18 federal government, and (3) post audit pursuant to the 19 Illinois State Auditing Act. 20 (e) The Department may include a program of lactation 21 support services as part of the benefits and services 22 provided for pregnant and breast feeding participants in the 23 Women, Infants and Children Nutrition Program. The program 24 may include payment for breast pumps, breast shields, or any 25 supply deemed essential for the successful maintenance of 26 lactation, as well as lactation specialists who are 27 registered nurses, licensed dietitians, or persons who have 28 successfully completed a lactation management training 29 program. 30 (f) The Department shall coordinate the operation of the 31 Women, Infants and Children program with the Medicaid program 32 by interagency agreement whereby each program provides 33 information about the services offered by the other to 34 applicants for services. HB0236 Engrossed -476- LRB9100031DJcdA 1 (Source: P.A. 89-507, eff. 7-1-97; 90-290, eff. 1-1-98.) 2 Section 5-150. The Department of Public Health Act is 3 amended by changing Section 2 as follows: 4 (20 ILCS 2305/2) (from Ch. 111 1/2, par. 22) 5 Sec. 2. Powers. 6 (a) The State Department of Public Health has general 7 supervision of the interests of the health and lives of the 8 people of the State. It has supreme authority in matters of 9 quarantine, and may declare and enforce quarantine when none 10 exists, and may modify or relax quarantine when it has been 11 established. The Department may adopt, promulgate, repeal 12 and amend rules and regulations and make such sanitary 13 investigations and inspections as it may from time to time 14 deem necessary for the preservation and improvement of the 15 public health, consistent with law regulating the following: 16 (1) Transportation of the remains of deceased 17 persons. 18 (2) Sanitary practices relating to drinking water 19 made accessible to the public for human consumption or 20 for lavatory or culinary purposes. 21 (3) Sanitary practices relating to rest room 22 facilities made accessible to the public or to persons 23 handling food served to the public. 24 (4) Sanitary practices relating to disposal of 25 human wastes in or from all buildings and places where 26 people live, work or assemble. 27 The provisions of the Illinois Administrative Procedure 28 Act are hereby expressly adopted and shall apply to all 29 administrative rules and procedures of the Department of 30 Public Health under this Act, except that Section 5-35 of the 31 Illinois Administrative Procedure Act relating to procedures 32 for rule-making does not apply to the adoption of any rule HB0236 Engrossed -477- LRB9100031DJcdA 1 required by federal law in connection with which the 2 Department is precluded by law from exercising any 3 discretion. 4 All local boards of health, health authorities and 5 officers, police officers, sheriffs and all other officers 6 and employees of the state or any locality shall enforce the 7 rules and regulations so adopted. 8 The Department of Public Health shall conduct a public 9 information campaign to inform Hispanic women of the high 10 incidence of breast cancer and the importance of mammograms 11 and where to obtain a mammogram. This requirement may be 12 satisfied by translation into Spanish and distribution of the 13 breast cancer summaries required by Section 2310-34555.49of 14 the Department of Public Health Powers and Duties Law (20 15 ILCS 2310/2310-345)Civil Administrative Code of Illinois. 16 The information provided by the Department of Public Health 17 shall include (i) a statement that mammography is the most 18 accurate method for making an early detection of breast 19 cancer, however, no diagnostic tool is 100% effective and 20 (ii) instructions for performing breast self-examination and 21 a statement that it is important to perform a breast 22 self-examination monthly. 23 The Department of Public Health shall investigate the 24 causes of dangerously contagious or infectious diseases, 25 especially when existing in epidemic form, and take means to 26 restrict and suppress the same, and whenever such disease 27 becomes, or threatens to become epidemic, in any locality and 28 the local board of health or local authorities neglect or 29 refuse to enforce efficient measures for its restriction or 30 suppression or to act with sufficient promptness or 31 efficiency, or whenever the local board of health or local 32 authorities neglect or refuse to promptly enforce efficient 33 measures for the restriction or suppression of dangerously 34 contagious or infectious diseases, the Department of Public HB0236 Engrossed -478- LRB9100031DJcdA 1 Health may enforce such measures as it deems necessary to 2 protect the public health, and all necessary expenses so 3 incurred shall be paid by the locality for which services are 4 rendered. 5 (b) Subject to the provisions of subsection (c), the 6 Department may order a person to be quarantined or isolated 7 or a place to be closed and made off limits to the public to 8 prevent the probable spread of a dangerously contagious or 9 infectious disease, including non-compliant tuberculosis 10 patients, until such time as the condition can be corrected 11 or the danger to the public health eliminated or reduced in 12 such a manner that no substantial danger to the public's 13 health any longer exists. 14 (c) No person may be ordered to be quarantined or 15 isolated and no place may be ordered to be closed and made 16 off limits to the public except with the consent of the 17 person or owner of the place or upon the order of a court of 18 competent jurisdiction. To obtain a court order, the 19 Department, by clear and convincing evidence, must prove that 20 the public's health and welfare are significantly endangered 21 by a person with a dangerously contagious or infectious 22 disease including non-compliant tuberculosis patients or by a 23 place where there is a significant amount of activity likely 24 to spread a dangerously contagious or infectious disease. 25 The Department must also prove that all other reasonable 26 means of correcting the problem have been exhausted and no 27 less restrictive alternative exists. 28 (d) This Section shall be considered supplemental to the 29 existing authority and powers of the Department and shall not 30 be construed to restrain or restrict the Department in 31 protecting the public health under any other provisions of 32 the law. 33 (e) Any person who knowingly or maliciously disseminates 34 any false information or report concerning the existence of HB0236 Engrossed -479- LRB9100031DJcdA 1 any dangerously contagious or infectious disease in 2 connection with the Department's power of quarantine, 3 isolation and closure or refuses to comply with a quarantine, 4 isolation or closure order is guilty of a Class A 5 misdemeanor. 6 (f) The Department of Public Health may establish and 7 maintain a chemical and bacteriologic laboratory for the 8 examination of water and wastes, and for the diagnosis of 9 diphtheria, typhoid fever, tuberculosis, malarial fever and 10 such other diseases as it deems necessary for the protection 11 of the public health. 12 As used in this Act, "locality" means any governmental 13 agency which exercises power pertaining to public health in 14 an area less than the State. 15 The terms "sanitary investigations and inspections" and 16 "sanitary practices" as used in this Act shall not include or 17 apply to "Public Water Supplies" or "Sewage Works" as defined 18 in the Environmental Protection Act. 19 (Source: P.A. 88-45; 89-187, eff. 7-19-95; 89-381, eff. 20 8-18-95; 89-626, eff. 8-9-96.) 21 Section 5-155. The Disabled Persons Rehabilitation Act is 22 amended by changing Section 12a as follows: 23 (20 ILCS 2405/12a) (from Ch. 23, par. 3443a) 24 Sec. 12a. Centers for independent living. 25 (a) Purpose. Recognizing that persons with severe 26 disabilities deserve a high quality of life within their 27 communities regardless of their disabilities, the Department, 28 working with the Statewide Independent Living Council, shall 29 develop a State plan for submission on an annual basis to the 30 Commissioner. The Department shall adopt rules for 31 implementing the State plan in accordance with the federal 32 Act, including rules adopted under the federal Act governing HB0236 Engrossed -480- LRB9100031DJcdA 1 the award of grants. 2 (b) Definitions. As used in this Section, unless the 3 context clearly requires otherwise: 4 "Federal Act" means the federal 1973 Rehabilitation Act. 5 "Center for independent living" means a consumer 6 controlled, community based, cross-disability, 7 non-residential, private non-profit agency that is designated 8 and operated within a local community by individuals with 9 disabilities and provides an array of independent living 10 services. 11 "Consumer controlled" means that the center for 12 independent living vests power and authority in individuals 13 with disabilities and that at least 51% of the directors of 14 the center are persons with one or more disabilities as 15 defined by this Act. 16 "Commissioner" means the Commissioner of the 17 Rehabilitation Services Administration in the United States 18 Department of Health and Human Services. 19 "Council" means the Statewide Independent Living Council 20 appointed under subsection (d). 21 "Individual with a disability" means any individual who 22 has a physical or mental impairment that substantially limits 23 a major life activity, has a record of such an impairment, or 24 is regarded as having such an impairment. 25 "Individual with a severe disability" means an individual 26 with a severe physical or mental impairment, whose ability to 27 function independently in the family or community or whose 28 ability to obtain, maintain, or advance in employment is 29 substantially limited and for whom the delivery of 30 independent living services will improve the ability to 31 function, continue functioning, or move toward functioning 32 independently in the family or community or to continue in 33 employment. 34 "State plan" means the materials submitted by the HB0236 Engrossed -481- LRB9100031DJcdA 1 Department to the Commissioner on an annual basis that 2 contain the State's proposal for: 3 (1) The provision of statewide independent living 4 services. 5 (2) The development and support of a statewide 6 network of centers for independent living. 7 (3) Working relationships between (i) programs 8 providing independent living services and independent 9 living centers and (ii) the vocational rehabilitation 10 program administered by the Department under the federal 11 Act and other programs providing services for individuals 12 with disabilities. 13 (c) Authority. The unit of the Department headed by the 14 vocational rehabilitation administrator shall be designated 15 the State unit under Title VII of the federal Act and shall 16 have the following responsibilities: 17 (1) To receive, account for, and disburse funds 18 received by the State under the federal Act based on the 19 State plan. 20 (2) To provide administrative support services to 21 centers for independent living programs. 22 (3) To keep records, and take such actions with 23 respect to those records, as the Commissioner finds to be 24 necessary with respect to the programs. 25 (4) To submit additional information or provide 26 assurances the Commissioner may require with respect to 27 the programs. 28 The vocational rehabilitation administrator and the 29 Chairperson of the Council are responsible for jointly 30 developing and signing the State plan required by Section 704 31 of the federal Act. The State plan shall conform to the 32 requirements of Section 704 of the federal Act. 33 (d) Statewide Independent Living Council. 34 The Governor shall appoint a Statewide Independent Living HB0236 Engrossed -482- LRB9100031DJcdA 1 Council, comprised of 18 members, which shall be established 2 as an entity separate and distinct from the Department. The 3 composition of the Council shall include the following: 4 (1) At least one director of a center for 5 independent living chosen by the directors of centers for 6 independent living within the State. 7 (2) A representative from the unit of the 8 Department of Human Services responsible for the 9 administration of the vocational rehabilitation program 10 and a representative from another unit in the Department 11 of Human Services that provides services for individuals 12 with disabilities and a representative each from the 13 Department on Aging, the State Board of Education, and 14 the Department of Children and Family Services, all as 15 ex-officio, non-voting members who shall not be counted 16 in the 18 members appointed by the Governor. 17 In addition, the Council may include the following: 18 (A) One or more representatives of centers for 19 independent living. 20 (B) One or more parents or guardians of individuals 21 with disabilities. 22 (C) One or more advocates for individuals with 23 disabilities. 24 (D) One or more representatives of private 25 business. 26 (E) One or more representatives of organizations 27 that provide services for individuals with disabilities. 28 (F) Other appropriate individuals. 29 After soliciting recommendations from organizations 30 representing a broad range of individuals with disabilities 31 and organizations interested in individuals with 32 disabilities, the Governor shall appoint members of the 33 Council for terms beginning July 1, 1993. The Council shall 34 be composed of members (i) who provide statewide HB0236 Engrossed -483- LRB9100031DJcdA 1 representation; (ii) who represent a broad range of 2 individuals with disabilities; (iii) who are knowledgeable 3 about centers for independent living and independent living 4 services; and (iv) a majority of whom are persons who are 5 individuals with disabilities and are not employed by any 6 State agency or center for independent living. The terms of 7 all members of the Independent Living Advisory Council who 8 were appointed for terms beginning before July 1, 1993, shall 9 expire on July 1, 1993. 10 The council shall elect a chairperson from among its 11 membership. 12 Each member of the Council shall serve for terms of 3 13 years, except that (i) a member appointed to fill a vacancy 14 occurring before the expiration of the term for which the 15 predecessor was appointed shall be appointed for the 16 remainder of that term and (ii) terms of the members 17 initially appointed after the effective date of this 18 amendatory Act of 1993 shall be as follows: 6 of the initial 19 members shall be appointed for terms of one year, 6 shall be 20 appointed for terms of 2 years, and 6 shall be appointed for 21 terms of 3 years. No member of the council may serve more 22 than 2 consecutive full terms. 23 Any vacancy occurring in the membership of the Council 24 shall be filled in the same manner as the original 25 appointment. The vacancy shall not affect the power of the 26 remaining members to execute the powers and duties of the 27 Council. The Council shall have the duties enumerated in 28 subsections (c), (d), and (e) of Section 705 of the federal 29 Act. 30 Members shall be reimbursed for their actual expenses 31 incurred in the performance of their duties, including 32 expenses for travel, child care, and personal assistance 33 services, and a member who is not employed or who must 34 forfeit wages from other employment shall be paid reasonable HB0236 Engrossed -484- LRB9100031DJcdA 1 compensation for each day the member is engaged in performing 2 the duties of the Council. The reimbursement or compensation 3 shall be paid from moneys made available to the Department 4 under Part B of Title VII of the federal Act. 5 In addition to the powers and duties granted to advisory 6 boards by Section 5-5058of the Departments of State 7 Government Law (20 ILCS 5/5-505)Civil Administrative Code of8Illinois, the Council shall have the authority to appoint 9 jointly with the vocational rehabilitation administrator a 10 peer review committee to consider and make recommendations 11 for grants to eligible centers for independent living. 12 (e) Grants to centers for independent living. Each 13 center for independent living that receives assistance from 14 the Department under this Section shall comply with the 15 standards and provide and comply with the assurances that are 16 set forth in the State plan and consistent with Section 725 17 of the federal Act. Each center for independent living 18 receiving financial assistance from the Department shall 19 provide satisfactory assurances at the time and in the manner 20 the vocational rehabilitation administrator requires. 21 Beginning October 1, 1994, the vocational rehabilitation 22 administrator may award grants to any eligible center for 23 independent living that is receiving funds under Title VII of 24 the federal Act, unless the vocational rehabilitation 25 administrator makes a finding that the center for independent 26 living fails to comply with the standards and assurances set 27 forth in Section 725 of the federal Act. 28 If there is no center for independent living serving a 29 region of the State or the region is underserved, and the 30 State receives a federal increase in its allotment sufficient 31 to support one or more additional centers for independent 32 living in the State, the vocational rehabilitation 33 administrator may award a grant under this subsection to one 34 or more eligible agencies, consistent with the provisions of HB0236 Engrossed -485- LRB9100031DJcdA 1 the State plan setting forth the design of the State for 2 establishing a statewide network for centers for independent 3 living. 4 In selecting from among eligible agencies in awarding a 5 grant under this subsection for a new center for independent 6 living, the vocational rehabilitation administrator and the 7 chairperson of (or other individual designated by) the 8 Council acting on behalf of and at the direction of the 9 Council shall jointly appoint a peer review committee that 10 shall rank applications in accordance with the standards and 11 assurances set forth in Section 725 of the federal Act and 12 criteria jointly established by the vocational rehabilitation 13 administrator and the chairperson or designated individual. 14 The peer review committee shall consider the ability of the 15 applicant to operate a center for independent living and 16 shall recommend an applicant to receive a grant under this 17 subsection based on the following: 18 (1) Evidence of the need for a center for 19 independent living, consistent with the State plan. 20 (2) Any past performance of the applicant in 21 providing services comparable to independent living 22 services. 23 (3) The applicant's plan for complying with, or 24 demonstrated success in complying with, the standards and 25 assurances set forth in Section 725 of the federal Act. 26 (4) The quality of key personnel of the applicant 27 and the involvement of individuals with severe 28 disabilities by the applicant. 29 (5) The budgets and cost effectiveness of the 30 applicant. 31 (6) The evaluation plan of the applicant. 32 (7) The ability of the applicant to carry out the 33 plan. 34 The vocational rehabilitation administrator shall award HB0236 Engrossed -486- LRB9100031DJcdA 1 the grant on the basis of the recommendation of the peer 2 review committee if the actions of the committee are 3 consistent with federal and State law. 4 (f) Evaluation and review. The vocational 5 rehabilitation administrator shall periodically review each 6 center for independent living that receives funds from the 7 Department under Title VII of the federal Act, or moneys 8 appropriated from the General Revenue Fund, to determine 9 whether the center is in compliance with the standards and 10 assurances set forth in Section 725 of the federal Act. If 11 the vocational rehabilitation administrator determines that 12 any center receiving those federal or State funds is not in 13 compliance with the standards and assurances set forth in 14 Section 725, the vocational rehabilitation administrator 15 shall immediately notify the center that it is out of 16 compliance. The vocational rehabilitation administrator 17 shall terminate all funds to that center 90 days after the 18 date of notification or, in the case of a center that 19 requests an appeal, the date of any final decision, unless 20 the center submits a plan to achieve compliance within 90 21 days and that plan is approved by the vocational 22 rehabilitation administrator or (if on appeal) by the 23 Commissioner. 24 (Source: P.A. 89-507, eff. 7-1-97; 90-14, eff. 7-1-97; 25 90-372, eff. 7-1-98; 90-453, eff. 8-16-97.) 26 Section 5-160. The State Police Act is amended by 27 changing Sections 1 and 17a as follows: 28 (20 ILCS 2610/1) (from Ch. 121, par. 307.1) 29 Sec. 1. The Department of State Police, hereinafter 30 called the Department, shall maintain divisions in accordance 31 with Section 2605-2555a-1of the Department of State Police 32 Law (20 ILCS 2605/2605-25)Civil Administrative Code ofHB0236 Engrossed -487- LRB9100031DJcdA 1Illinois. The Department, by the Director, shall appoint 2 State policemen, also known as State Police Officers, as 3 provided in this Act. 4 (Source: P.A. 85-1042.) 5 (20 ILCS 2610/17a) (from Ch. 121, par. 307.17a) 6 Sec. 17a. The Department of Central Management Services 7 shall procure and furnish to each State policeman, without 8 cost to him, public liability insurance protecting him 9 against any liability arising out of his employment to the 10 extent of the insurance policy limits not exceeding $100,000 11 or include each such State policeman under a self-insurance 12 plan implemented under Section 405-10564.1of the Department 13 of Central Management Services Law (20 ILCS 405/405-105) 14Civil Administrative Code of Illinois. 15 (Source: P.A. 82-789.) 16 Section 5-165. The Criminal Identification Act is 17 amended by changing Section 3 as follows: 18 (20 ILCS 2630/3) (from Ch. 38, par. 206-3) 19 Sec. 3. (A) The Department shall file or cause to be 20 filed all plates, photographs, outline pictures, 21 measurements, descriptions and information which shall be 22 received by it by virtue of its office and shall make a 23 complete and systematic record and index of the same, 24 providing thereby a method of convenient reference and 25 comparison. The Department shall furnish, upon application, 26 all information pertaining to the identification of any 27 person or persons, a plate, photograph, outline picture, 28 description, measurements, or any data of which there is a 29 record in its office. Such information shall be furnished to 30 peace officers of the United States, of other states or 31 territories, of the Insular possessions of the United States, HB0236 Engrossed -488- LRB9100031DJcdA 1 of foreign countries duly authorized to receive the same, to 2 all peace officers of the State of Illinois, to investigators 3 of the Illinois Law Enforcement Training Standards Board and, 4 conviction information only, to units of local government, 5 school districts and private organizations, under the 6 provisions of Section 2605-10, 2605-15, 2605-75, 2605-100, 7 2605-105, 2605-110, 2605-115, 2605-120, 2605-130, 2605-140, 8 2605-190, 2605-200, 2605-205, 2605-210, 2605-215, 2605-250, 9 2605-275, 2605-300, 2605-305, 2605-315, 2605-325, 2605-335, 10 2605-340, 2605-350, 2605-355, 2605-360, 2605-365, 2605-375, 11 2605-390, 2605-400, 2605-405, 2605-420, 2605-430, 2605-435, 12 2605-500, 2605-525, or 2605-550 of the Department of State 13 Police Law (20 ILCS 2605/2605-10, 2605/2605-15, 2605/2605-75, 14 2605/2605-100, 2605/2605-105, 2605/2605-110, 2605/2605-115, 15 2605/2605-120, 2605/2605-130, 2605/2605-140, 2605/2605-190, 16 2605/2605-200, 2605/2605-205, 2605/2605-210, 2605/2605-215, 17 2605/2605-250, 2605/2605-275, 2605/2605-300, 2605/2605-305, 18 2605/2605-315, 2605/2605-325, 2605/2605-335, 2605/2605-340, 19 2605/2605-350, 2605/2605-355, 2605/2605-360, 2605/2605-365, 20 2605/2605-375, 2605/2605-390, 2605/2605-400, 2605/2605-405, 21 2605/2605-420, 2605/2605-430, 2605/2605-435, 2605/2605-500, 22 2605/2605-525, or 2605/2605-550)Section 55a of the Civil23Administrative Code of Illinois. Applications shall be in 24 writing and accompanied by a certificate, signed by the peace 25 officer or chief administrative officer or his designee 26 making such application, to the effect that the information 27 applied for is necessary in the interest of and will be used 28 solely in the due administration of the criminal laws or for 29 the purpose of evaluating the qualifications and character of 30 employees or prospective employees of units of local 31 government and school districts and of employees, prospective 32 employees, volunteers or prospective volunteers of such 33 private organizations. 34 For the purposes of this subsection, "chief HB0236 Engrossed -489- LRB9100031DJcdA 1 administrative officer" is defined as follows: 2 a) The city manager of a city or, if a city does 3 not employ a city manager, the mayor of the city. 4 b) The manager of a village or, if a village does 5 not employ a manager, the president of the village. 6 c) The chairman or president of a county board or, 7 if a county has adopted the county executive form of 8 government, the chief executive officer of the county. 9 d) The president of the school board of a school 10 district. 11 e) The supervisor of a township. 12 f) The official granted general administrative 13 control of a special district, an authority, or 14 organization of government establishment by law which may 15 issue obligations and which either may levy a property 16 tax or may expend funds of the district, authority, or 17 organization independently of any parent unit of 18 government. 19 g) The executive officer granted general 20 administrative control of a private organization defined 21 insubsection 27 ofSection 2605-33555aof the 22 Department of State Police Law (20 ILCS 2605/2605-335) 23Civil Administrative Code of Illinois. 24 (B) Upon written application and payment of fees 25 authorized by this subsection, State agencies and units of 26 local government, not including school districts, are 27 authorized to submit fingerprints of employees, prospective 28 employees and license applicants to the Department for the 29 purpose of obtaining conviction information maintained by the 30 Department and the Federal Bureau of Investigation about such 31 persons. The Department shall submit such fingerprints to 32 the Federal Bureau of Investigation on behalf of such 33 agencies and units of local government. The Department shall 34 charge an application fee, based on actual costs, for the HB0236 Engrossed -490- LRB9100031DJcdA 1 dissemination of conviction information pursuant to this 2 subsection. The Department is empowered to establish this 3 fee and shall prescribe the form and manner for requesting 4 and furnishing conviction information pursuant to this 5 subsection. 6 (C) Upon payment of fees authorized by this subsection, 7 the Department shall furnish to the commanding officer of a 8 military installation in Illinois having an arms storage 9 facility, upon written request of such commanding officer or 10 his designee, and in the form and manner prescribed by the 11 Department, all criminal history record information 12 pertaining to any individual seeking access to such a storage 13 facility, where such information is sought pursuant to a 14 federally-mandated security or criminal history check. 15 The Department shall establish and charge a fee, not to 16 exceed actual costs, for providing information pursuant to 17 this subsection. 18 (Source: P.A. 88-461; 88-586, eff. 8-12-94.) 19 Section 5-170. The Capital Development Board Act is 20 amended by changing Section 9.08a as follows: 21 (20 ILCS 3105/9.08a) (from Ch. 127, par. 779.08a) 22 Sec. 9.08a. The Capital Development Board is authorized, 23 with the consent in writing of the Director of Central 24 Management Services and of the Governor, to acquire by 25 condemnation in the manner provided for the exercise of the 26 power of eminent domain under Article VII of the Code of 27 Civil Procedure, all lands, buildings and grounds for which 28 an appropriation may be made by the General Assembly, other 29 than those acquired by those agencies specified under Section 30 5-67551of the Departments of State Government Law (20 ILCS 31 5/5-675)Civil Administrative Code of Illinois, as amended. 32 (Source: P.A. 85-846.) HB0236 Engrossed -491- LRB9100031DJcdA 1 Section 5-175. The Commissioner of Banks and Trust 2 Companies Act is amended by changing Section 5 as follows: 3 (20 ILCS 3205/5) (from Ch. 17, par. 455) 4 Sec. 5. Powers. In addition to all the other powers and 5 duties provided by law, the Commissioner shall have the 6 following powers: 7 (a) To exercise the rights, powers and duties formerly 8 vested by law in the Director of Financial Institutions under 9 the Illinois Banking Act. 10 (b) To exercise the rights, powers and duties formerly 11 vested by law in the Department of Financial Institutions 12 under "An act to provide for and regulate the administration 13 of trusts by trust companies", approved June 15, 1887, as 14 amended. 15 (c) To exercise the rights, powers and duties formerly 16 vested by law in the Director of Financial Institutions under 17 "An act authorizing foreign corporations, including banks and 18 national banking associations domiciled in other states, to 19 act in a fiduciary capacity in this state upon certain 20 conditions herein set forth", approved July 13, 1953, as 21 amended. 22 (d) Whenever the Commissioner is authorized or required 23 by law to consider or to make findings regarding the 24 character of incorporators, directors, management personnel, 25 or other relevant individuals under the Illinois Banking Act, 26 the Corporate Fiduciary Act, the Pawnbroker Regulation Act, 27 or at other times as the Commissioner deems necessary for the 28 purpose of carrying out the Commissioner's statutory powers 29 and responsibilities, the Commissioner shall consider 30 criminal history record information, including nonconviction 31 information, pursuant to the Criminal Identification Act. 32 The Commissioner shall, in the form and manner required by 33 the Department of State Police and the Federal Bureau of HB0236 Engrossed -492- LRB9100031DJcdA 1 Investigation, cause to be conducted a criminal history 2 record investigation to obtain information currently 3 contained in the files of the Department of State Police or 4 the Federal Bureau of Investigation, provided that the 5 Commissioner need not cause additional criminal history 6 record investigations to be conducted on individuals for whom 7 the Commissioner, a federal bank regulatory agency, or any 8 other government agency has caused such investigations to 9 have been conducted previously unless such additional 10 investigations are otherwise required by law or unless the 11 Commissioner deems such additional investigations to be 12 necessary for the purposes of carrying out the Commissioner's 13 statutory powers and responsibilities. The Department of 14 State Police shall provide, on the Commissioner's request, 15 information concerning criminal charges and their disposition 16 currently on file with respect to a relevant individual. 17 Information obtained as a result of an investigation under 18 this Section shall be used in determining eligibility to be 19 an incorporator, director, management personnel, or other 20 relevant individual in relation to a financial institution or 21 other entity supervised by the Commissioner. Upon request 22 and payment of fees in conformance with the requirements of 23paragraph (22) of subsection (A) ofSection 2605-40055aof 24 the Department of State Police Law (20 ILCS 2605/2605-400) 25Civil Administrative Code of Illinois, the Department of 26 State Police is authorized to furnish, pursuant to positive 27 identification, such information contained in State files as 28 is necessary to fulfill the request. 29 (Source: P.A. 89-508, eff. 7-3-96; 90-301, eff. 8-1-97; 30 90-602, eff. 7-1-98.) 31 Section 5-180. The Historic Preservation Agency Act is 32 amended by changing Sections 5.1 and 12 as follows: HB0236 Engrossed -493- LRB9100031DJcdA 1 (20 ILCS 3405/5.1) (from Ch. 127, par. 2705.1) 2 Sec. 5.1. The powers, duties and authority granted to 3 the Department of Conservation pursuant to the provisions of 4 Section 63a21.2 of the Civil Administrative Code of Illinois 5 (renumbered; now Section 805-315 of the Department of Natural 6 Resources (Conservation) Law, 20 ILCS 805/805-315) to offer a 7 cash incentive to a qualified bidder for the development, 8 construction and supervision of a concession complex at 9 Lincoln's New Salem State Park areistransferred to the 10 Historic Preservation Agency. 11 (Source: P.A. 84-1348.) 12 (20 ILCS 3405/12) (from Ch. 127, par. 2712) 13 Sec. 12. The Agency shall exercise all rights, powers 14 and duties vested in the Department of Conservation by 15 Section 63a34 of"the Civil Administrative Code of Illinois 16 (renumbered; now Section 805-220 of the Department of Natural 17 Resources (Conservation) Law, 20 ILCS 805/805-220)", approved18March 7, 1917, as amended. 19 (Source: P.A. 84-25.) 20 Section 5-182. The Illinois River Watershed Restoration 21 Act is amended by changing Section 15 as follows: 22 (20 ILCS 3967/15) 23 Sec. 15. Illinois River Coordinating Council. 24 (a) There is established the Illinois River Coordinating 25 Council, consisting of 13 voting members to be appointed by 26 the Governor. One member shall be the Lieutenant Governor who 27 shall serve as a voting member and as chairperson of the 28 Council. The Agency members of the Council shall include the 29 Director, or his or her designee, of each of the following 30 agencies: the Department of Agriculture, the Department of 31 Commerce and Community Affairs, the Illinois Environmental HB0236 Engrossed -494- LRB9100031DJcdA 1 Protection Agency, the Department of Natural Resources, and 2 the Department of Transportation. In addition, the Council 3 shall include one member representing Soil and Water 4 Conservation Districts located within the Watershed of the 5 Illinois River and its tributaries and 6 members representing 6 local communities, not-for-profit organizations working to 7 protect the Illinois River Watershed, business, agriculture, 8 recreation, conservation, and the environment. The Governor 9 may, at his or her discretion, appoint individuals 10 representing federal agencies to serve as ex officio, 11 non-voting members. 12 (b) Members of the Council shall serve 2-year terms, 13 except that of the initial appointments, 5 members shall be 14 appointed to serve 3-year terms and 4 members to serve 15 one-year terms. 16 (c) The Council shall meet at least quarterly. 17 (d) The Office of the Lieutenant Governor shall be 18 responsible for the operations of the Council. The Office 19 may reimburse members of the Council for ordinary and 20 contingent expenses incurred in the performance of Council 21 duties. 22 (e) This Section is subject to the provisions of Section 23 405-50067.35of the Department of Central Management 24 Services Law (20 ILCS 405/405-500)Civil Administrative Code25of Illinois. 26 (Source: P.A. 90-120, eff. 7-16-97; 90-609, eff. 6-30-98.) 27 Section 5-183. The Illinois Wildlife Prairie Park Act is 28 amended by changing Section 15 as follows: 29 (20 ILCS 4029/15) 30 Sec. 15. Illinois Wildlife Prairie Park Commission. The 31 Illinois Wildlife Prairie Park Commission is created to 32 accept moneys from the State and other private or public HB0236 Engrossed -495- LRB9100031DJcdA 1 entities on behalf of the Illinois Wildlife Prairie Park and 2 to oversee the financial management of any such moneys used 3 for the benefit of the Illinois Wildlife Prairie Park. The 4 Commission shall be composed of 5 members. Membership of the 5 Commission shall be composed of the Lieutenant Governor, who 6 shall be the chairman of the Commission, and 4 other persons 7 appointed by the Governor, with the advice and consent of the 8 Senate, who have demonstrated an interest in recreation, 9 education, and the conservation of natural resources, 10 including the propagation of wild flowers and plants and the 11 habitat for native fauna. All members shall be ex officio 12 directors of the board of the Foundation or the Foundation's 13 successor. Members of the Commission appointed by the 14 Governor shall be appointed for terms of 4 years and until 15 their successors are appointed; provided that of the 16 Commissioners first appointed, one shall serve a term of 2 17 years, one shall serve a term of 3 years, and 2 shall serve 18 terms of 4 years as determined by drawing lots. Members of 19 the Commission shall receive no compensation for their 20 services, except for their actual and necessary expenses 21 incurred in the performance of their official duties. Three 22 members of the Commission shall constitute a quorum to do 23 business, and the concurrence of at least 3 members shall be 24 necessary for a decision. The Commission shall hold regular 25 quarterly meetings. Special meetings may be called by the 26 chairperson and shall be called on the request of a majority 27 of members, as may be required. 28 The Commission shall provide for the proper and safe 29 keeping of its permanent records. It shall keep a system of 30 accounts showing a true and accurate record of its receipts 31 and disbursements, and it shall cause an audit to be made of 32 its books, records, and accounts. 33 The records of the Commission shall be subject to public 34 inspection at all reasonable hours and under such HB0236 Engrossed -496- LRB9100031DJcdA 1 regulations as the members may prescribe. 2 The Commission shall annually make a full and complete 3 report to the Governor and the General Assembly of the 4 transactions and operations of the Commission for the 5 preceding year. The report shall contain a full statement of 6 the Commission's receipts and disbursements and the program 7 of work for the period covered, and may include such 8 recommendations as may be deemed advisable. 9 This Section is subject to the provisions of Section 10 405-50067.35of the Department of Central Management 11 Services Law (20 ILCS 405/405-500)Civil Administrative Code12of Illinois. 13 (Source: P.A. 90-501, eff. 8-19-97; 90-609, eff. 6-30-98.) 14 Section 5-185. The State Finance Act is amended by 15 changing Sections 6p-1, 6p-2, 6z-38, 8.16a, 8.25, 8.33, 12-1, 16 13.4, 14, 14b, and 36 as follows: 17 (30 ILCS 105/6p-1) (from Ch. 127, par. 142p1) 18 Sec. 6p-1. The Statistical Services Revolving Fund shall 19 be initially financed by a transfer of funds from the General 20 Revenue Fund. Thereafter, all fees and other monies received 21 by the Department of Central Management Services in payment 22 for statistical services rendered pursuant to Section 405-20 2335.7of the Department of Central Management Services Law (20 24 ILCS 405/405-20)Civil Administrative Code of Illinois,shall 25 be paid into the Statistical Services Revolving Fund. The 26 money in this fund shall be used by the Department of Central 27 Management Services as reimbursement for expenditures 28 incurred in rendering statistical services. 29 (Source: P.A. 82-789.) 30 (30 ILCS 105/6p-2) (from Ch. 127, par. 142p2) 31 Sec. 6p-2. The Communications Revolving Fund shall be HB0236 Engrossed -497- LRB9100031DJcdA 1 initially financed by a transfer of funds from the General 2 Revenue Fund. Thereafter, all fees and other monies received 3 by the Department of Central Management Services in payment 4 for telecommunications services rendered pursuant to Section 5 405-27067.18of the Department of Central Management 6 Services Law (20 ILCS 405/405-270)Civil Administrative Code7of Illinoisor sale of surplus State communications equipment 8 shall be paid into the Communications Revolving Fund. The 9 money in this fund shall be used by the Department of Central 10 Management Services as reimbursement for expenditures 11 incurred in relation to telecommunications services. 12 (Source: P.A. 84-961.) 13 (30 ILCS 105/6z-38) 14 Sec. 6z-38. General Professions Dedicated Fund. The 15 General Professions Dedicated Fund is created in the State 16 treasury. Moneys in the Fund shall be invested and earnings 17 on the investments shall be retained in the Fund. Moneys in 18 the Fund shall be appropriated to the Department of 19 Professional Regulation for the ordinary and contingent 20 expenses of the Department. Moneys in the Fund may be 21 transferred to the Professions Indirect Cost Fund as 22 authorized by Section 2105-30061eof the Department of 23 Professional Regulation Law (20 ILCS 2105/2105-300)Civil24Administrative Code of Illinois. 25 (Source: P.A. 88-683, eff. 1-24-95; 89-204, eff. 1-1-96.) 26 (30 ILCS 105/8.16a) (from Ch. 127, par. 144.16a) 27 Sec. 8.16a. Appropriations for the procurement, 28 installation, retention, maintenance and operation of 29 electronic data processing and information devices used by 30 state agencies subject to Section 405-2035.7of the 31 Department of Central Management Services Law (20 ILCS 32 405/405-20)Civil Administrative Code of Illinois, the HB0236 Engrossed -498- LRB9100031DJcdA 1 purchase of necessary supplies and equipment and accessories 2 thereto, and all other expenses incident to the operation and 3 maintenance of those electronic data processing and 4 information devices are payable from the Statistical Services 5 Revolving Fund. However, no contract shall be entered into or 6 obligation incurred for any expenditure from the Statistical 7 Services Revolving Fund until after the purpose and amount 8 has been approved in writing by the Director of Central 9 Management Services. Until there are sufficient funds in the 10 Statistical Services Revolving Fund to carry out the purposes 11 of this amendatory Act of 1965, however, the State agencies 12 subject to that Section 405-2035.7 of the Civil13Administrative Code of Illinois,shall, on written approval 14 of the Director of Central Management Services, pay the cost 15 of operating and maintaining electronic data processing 16 systems from current appropriations as classified and 17 standardized in "An Act in relation to State finance", 18 approved June 10, 1919, as amended. 19 (Source: P.A. 82-789.) 20 (30 ILCS 105/8.25) (from Ch. 127, par. 144.25) 21 Sec. 8.25. Build Illinois Fund; uses. 22 (A) All moneys in the Build Illinois Fund shall be 23 transferred, appropriated, and used only for the purposes 24 authorized by and subject to the limitations and conditions 25 prescribed by this Section. There are established the 26 following accounts in the Build Illinois Fund: the McCormick 27 Place Account, the Build Illinois Bond Account, the Build 28 Illinois Purposes Account, the Park and Conservation Fund 29 Account, and the Tourism Advertising and Promotion Account. 30 Amounts deposited into the Build Illinois Fund consisting of 31 1.55% before July 1, 1986, and 1.75% on and after July 1, 32 1986, of moneys received by the Department of Revenue under 33 Section 9 of the Use Tax Act, Section 9 of the Service Use HB0236 Engrossed -499- LRB9100031DJcdA 1 Tax Act, Section 9 of the Service Occupation Tax Act, and 2 Section 3 of the Retailers' Occupation Tax Act, and all 3 amounts deposited therein under Section 28 of the Illinois 4 Horse Racing Act of 1975, Section 4.05 of the Chicago World's 5 Fair - 1992 Authority Act, and Sections 3 and 6 of the Hotel 6 Operators' Occupation Tax Act, shall be credited initially to 7 the McCormick Place Account and all other amounts deposited 8 into the Build Illinois Fund shall be credited initially to 9 the Build Illinois Bond Account. Of the amounts initially so 10 credited to the McCormick Place Account in each month, the 11 amount that is to be transferred in that month to the 12 Metropolitan Fair and Exposition Authority Improvement Bond 13 Fund, as provided below, shall remain credited to the 14 McCormick Place Account, and all amounts initially so 15 credited in that month in excess thereof shall next be 16 credited to the Build Illinois Bond Account. Of the amounts 17 credited to the Build Illinois Bond Account in each month, 18 the amount that is to be transferred in that month to the 19 Build Illinois Bond Retirement and Interest Fund, as provided 20 below, shall remain credited to the Build Illinois Bond 21 Account, and all amounts so credited in each month in excess 22 thereof shall next be credited monthly to the other accounts 23 in the following order of priority: first, to the Build 24 Illinois Purposes Account, (a) 1/12, or in the case of fiscal 25 year 1986, 1/9, of the fiscal year amounts authorized to be 26 transferred to the Build Illinois Purposes Fund as provided 27 below plus (b) any cumulative deficiency in those transfers 28 for prior months; second, 1/12 of $10,000,000, plus any 29 cumulative deficiency in those transfers for prior months, to 30 the Park and Conservation Fund Account; and third, to the 31 General Revenue Fund in the State Treasury all amounts that 32 remain in the Build Illinois Fund on the last day of each 33 month and are not credited to any account in that Fund. 34 Transfers from the McCormick Place Account in the Build HB0236 Engrossed -500- LRB9100031DJcdA 1 Illinois Fund shall be made as follows: 2 Beginning with fiscal year 1985 and continuing for each 3 fiscal year thereafter, the Metropolitan Pier and Exposition 4 Authority shall annually certify to the State Comptroller and 5 State Treasurer the amount necessary and required during the 6 fiscal year with respect to which the certification is made 7 to pay the debt service requirements (including amounts to be 8 paid with respect to arrangements to provide additional 9 security or liquidity) on all outstanding bonds and notes, 10 including refunding bonds (herein collectively referred to as 11 bonds) of issues in the aggregate amount (excluding the 12 amount of any refunding bonds issued by that Authority after 13 January 1, 1986) of not more than $312,500,000 issued after 14 July 1, 1984, by that Authority for the purposes specified in 15 Sections 10.1 and 13.1 of the Metropolitan Pier and 16 Exposition Authority Act. In each month of the fiscal year 17 in which there are bonds outstanding with respect to which 18 the annual certification is made, the Comptroller shall order 19 transferred and the Treasurer shall transfer from the 20 McCormick Place Account in the Build Illinois Fund to the 21 Metropolitan Fair and Exposition Authority Improvement Bond 22 Fund an amount equal to 150% of the certified amount for that 23 fiscal year divided by the number of months during that 24 fiscal year in which bonds of the Authority are outstanding, 25 plus any cumulative deficiency in those transfers for prior 26 months; provided, that the maximum amount that may be so 27 transferred in fiscal year 1985 shall not exceed $15,000,000 28 or a lesser sum as is actually necessary and required to pay 29 the debt service requirements for that fiscal year after 30 giving effect to net operating revenues of that Authority 31 available for that purpose as certified by that Authority, 32 and provided further that the maximum amount that may be so 33 transferred in fiscal year 1986 shall not exceed $30,000,000 34 and in each fiscal year thereafter shall not exceed HB0236 Engrossed -501- LRB9100031DJcdA 1 $33,500,000 in any fiscal year or a lesser sum as is actually 2 necessary and required to pay the debt service requirements 3 for that fiscal year after giving effect to net operating 4 revenues of that Authority available for that purpose as 5 certified by that Authority. 6 When an amount equal to 100% of the aggregate amount of 7 principal and interest in each fiscal year with respect to 8 bonds issued after July 1, 1984, that by their terms are 9 payable from the Metropolitan Fair and Exposition Authority 10 Improvement Bond Fund, including under sinking fund 11 requirements, has been so paid and deficiencies in reserves 12 established from bond proceeds shall have been remedied, and 13 at the time that those amounts have been transferred to the 14 Authority as provided in Section 13.1 of the Metropolitan 15 Pier and Exposition Authority Act, the remaining moneys, if 16 any, deposited and to be deposited during each fiscal year to 17 the Metropolitan Fair and Exposition Authority Improvement 18 Bond Fund shall be transferred to the Metropolitan Fair and 19 Exposition Authority Completion Note Subordinate Fund. 20 Transfers from the Build Illinois Bond Account in the 21 Build Illinois Fund shall be made as follows: 22 Beginning with fiscal year 1986 and continuing for each 23 fiscal year thereafter so long as limited obligation bonds of 24 the State issued under the Build Illinois Bond Act remain 25 outstanding, the Comptroller shall order transferred and the 26 Treasurer shall transfer in each month, commencing in 27 October, 1985, on the last day of that month, from the Build 28 Illinois Bond Account to the Build Illinois Bond Retirement 29 and Interest Fund in the State Treasury the amount required 30 to be so transferred in that month under Section 13 of the 31 Build Illinois Bond Act. 32 Transfers from the remaining accounts in the Build 33 Illinois Fund shall be made in the following amounts and in 34 the following order of priority: HB0236 Engrossed -502- LRB9100031DJcdA 1 Beginning with fiscal year 1986 and continuing each 2 fiscal year thereafter, as soon as practicable after the 3 first day of each month, commencing in October, 1985, the 4 Comptroller shall order transferred and the Treasurer shall 5 transfer from the Build Illinois Purposes Account in the 6 Build Illinois Fund to the Build Illinois Purposes Fund 7 1/12th (or in the case of fiscal year 1986 1/9) of the 8 amounts specified below for the following fiscal years: 9 Fiscal Year Amount 10 1986 $35,000,000 11 1987 $45,000,000 12 1988 $50,000,000 13 1989 $55,000,000 14 1990 $55,000,000 15 1991 $50,000,000 16 1992 $16,200,000 17 1993 $16,200,000, 18 plus any cumulative deficiency in those transfers for prior 19 months. 20 As soon as may be practicable after the first day of each 21 month beginning after July 1, 1984, the Comptroller shall 22 order transferred and the Treasurer shall transfer from the 23 Park and Conservation Fund Account in the Build Illinois Fund 24 to the Park and Conservation Fund 1/12 of $10,000,000, plus 25 any cumulative deficiency in those transfers for prior 26 months, for conservation and park purposes as enumerated in 27 Section 805-42063a36of the Department of Natural Resources 28 (Conservation) Law (20 ILCS 805/805-420)Civil Administrative29Code of Illinois, and to pay the debt service requirements on 30 all outstanding bonds of an issue in the aggregate amount of 31 not more than $40,000,000 issued after January 1, 1985, by 32 the State of Illinois for the purposes specified in Section 33 3(c) of the Capital Development Bond Act of 1972, or for the 34 same purposes as specified in any other State general HB0236 Engrossed -503- LRB9100031DJcdA 1 obligation bond Act enacted after November 1, 1984. Transfers 2 from the Park and Conservation Fund to the Capital 3 Development Bond Retirement and Interest Fund to pay those 4 debt service requirements shall be made in accordance with 5 Section 8.25b of this Act. 6 All funds remaining in the Build Illinois Fund on the 7 last day of any month and not credited to any account in that 8 Fund shall be transferred by the State Treasurer to the 9 General Revenue Fund. 10 (B) For the purpose of this Section, "cumulative 11 deficiency" shall include all deficiencies in those transfers 12 that have occurred since July 1, 1984, as specified in 13 subsection (A) of this Section. 14 (C) In addition to any other permitted use of moneys in 15 the Fund, and notwithstanding any restriction on the use of 16 the Fund, moneys in the Park and Conservation Fund may be 17 transferred to the General Revenue Fund as authorized by 18 Public Act 87-14. The General Assembly finds that an excess 19 of moneys existed in the Fund on July 30, 1991, and the 20 Governor's order of July 30, 1991, requesting the Comptroller 21 and Treasurer to transfer an amount from the Fund to the 22 General Revenue Fund is hereby validated. 23 (D) (Blank). 24 (Source: P.A. 90-26, eff. 7-1-97; 90-372, eff. 7-1-98; 25 90-655, eff. 7-30-98.) 26 (30 ILCS 105/8.33) (from Ch. 127, par. 144.33) 27 Sec. 8.33. All expenses incident to the leasing or use 28 of the State facilities listed in Section 405-31567.24of 29 the Department of Central Management Services Law (20 ILCS 30 405/405-315)Civil Administrative Code of Illinoisfor lease 31 or use terms not exceeding 30 days in length shall be payable 32 from the Special Events Revolving Fund. 33 Expenses incident to the lease or use of the State HB0236 Engrossed -504- LRB9100031DJcdA 1 facilities listed in Section 405-31567.24of the Department 2 of Central Management Services Law (20 ILCS 405/405-315) 3Civil Administrative Code of Illinoisshall include 4 expenditures for additional commodities, equipment, 5 furniture, improvements, personal services or other expenses 6 required by the Department of Central Management Services to 7 make such facilities available to the public and State 8 employees. 9 (Source: P.A. 87-435.) 10 (30 ILCS 105/12-1) (from Ch. 127, par. 148-1) 11 Sec. 12-1. Travel control boards. 12 (a) The following travel control boards are created with 13 the members and jurisdiction set forth below: 14 (1) A Travel Control Board is created within the 15 Office of the Attorney General consisting of the Attorney 16 General as chairman and 2 members of his supervisory 17 staff appointed by him. The board shall have 18 jurisdiction over travel by employees of the office. 19 (2) A Travel Control Board is created within the 20 Office of the State Comptroller consisting of the 21 Comptroller as chairman and 2 members of his supervisory 22 staff appointed by him. The board shall have 23 jurisdiction over travel by employees of the office. 24 (3) The Higher Education Travel Control Board shall 25 consist of 11 members, one to be appointed by each of the 26 following: the Board of Trustees of the University of 27 Illinois, the Board of Trustees of Southern Illinois 28 University, the Board of Trustees of Chicago State 29 University, the Board of Trustees of Eastern Illinois 30 University, the Board of Trustees of Governors State 31 University, the Board of Trustees of Illinois State 32 University, the Board of Trustees of Northeastern 33 Illinois University, the Board of Trustees of Northern HB0236 Engrossed -505- LRB9100031DJcdA 1 Illinois University, the Board of Trustees of Western 2 Illinois University, the Illinois Community College Board 3 and the Illinois Board of Higher Education. Each member 4 shall be an officer, member or employee of the board 5 making the appointment, or of an institution governed or 6 maintained by such board. The board shall have 7 jurisdiction over travel by the Board of Higher 8 Education, the Board of Trustees of the University of 9 Illinois, the Board of Trustees of Southern Illinois 10 University, the Board of Trustees of Chicago State 11 University, the Board of Trustees of Eastern Illinois 12 University, the Board of Trustees of Governors State 13 University, the Board of Trustees of Illinois State 14 University, the Board of Trustees of Northeastern 15 Illinois University, the Board of Trustees of Northern 16 Illinois University, the Board of Trustees of Western 17 Illinois University, the Illinois Community College 18 Board, the State Community College of East St. Louis, the 19 Illinois State Scholarship Commission, the State 20 Universities Retirement System, the University Civil 21 Service Merit Board, the Board of Trustees of the 22 Illinois Mathematics and Science Academy and all 23 employees of the named Boards, Commission and System and 24 of the institutions governed or maintained by the named 25 Boards. The Higher Education Travel Control Board shall 26 select a chairman from among its members. 27 (4) The Legislative Travel Control Board shall 28 consist of the following members serving ex-officio: The 29 Auditor General as chairman, the President and the 30 Minority Leader of the Senate and the Speaker and the 31 Minority Leader of the House of Representatives. The 32 board shall have jurisdiction over travel by employees 33 of: the General Assembly, legislative boards and 34 commissions, the Office of the Auditor General and all HB0236 Engrossed -506- LRB9100031DJcdA 1 legislative agencies. 2 (5) A Travel Control Board is created within the 3 Office of the Lieutenant Governor consisting of the 4 Lieutenant Governor as chairman and 2 members of his 5 supervisory staff appointed by him. The board shall have 6 jurisdiction over travel by employees of the office. The 7 Travel Control Board within the office of the Lieutenant 8 Governor is subject to the provisions of Section 405-500 967.35of the Department of Central Management Services 10 Law (20 ILCS 405/405-500)Civil Administrative Code of11Illinois. 12 (6) A Travel Control Board is created within the 13 Office of the Secretary of State consisting of the 14 Secretary of State as chairman, and 2 members of his 15 supervisory staff appointed by him. The board shall have 16 jurisdiction over travel by employees of the office. 17 (7) A Travel Control Board is created within the 18 Judicial Branch consisting of a chairman and 2 members 19 appointed by the Supreme Court. The board shall have 20 jurisdiction over travel by personnel of the Judicial 21 Branch, except the circuit courts and the judges. 22 (8) A Travel Control Board is created under the 23 State Board of Education, consisting of the State 24 Superintendent of Education as chairman, and 2 members of 25 his supervisory staff appointed by the State Board of 26 Education. The Board shall have jurisdiction over travel 27 by employees of the State Board of Education. 28 (9) A Travel Control Board is created within the 29 Office of the State Treasurer, consisting of the State 30 Treasurer as chairman and 2 members of his supervisory 31 staff appointed by him. The board shall have 32 jurisdiction over travel by employees of the office. 33 (10) A Governor's Travel Control Board is created 34 consisting of the Governor ex-officio as chairman, and 2 HB0236 Engrossed -507- LRB9100031DJcdA 1 members appointed by the Governor. The board shall have 2 jurisdiction over travel by employees and officers of all 3 State agencies as defined in the Illinois State Auditing 4 Act, except for the following: judges, members of the 5 General Assembly, elected constitutional officers of the 6 State, the Auditor General, and personnel under the 7 jurisdiction of another travel control board created by 8 statute. 9 (a-5) The Commissioner of Banks and Real Estate, the 10 Prisoner Review Board, and the State Fire Marshal shall 11 submit to the Governor's Travel Control Board the quarterly 12 reports required by regulation pertaining to their employees 13 reimbursed for housing. 14 (b) Each travel control board created by this Section 15 shall meet at the call of the chairman at least quarterly to 16 review all vouchers, or a report thereof, for travel 17 reimbursements involving an exception to the State Travel 18 Regulations and Rates. Each travel control board shall 19 prescribe the procedures for submission of an information 20 copy of vouchers involving an exception to the general 21 provisions established by the State Travel Regulations and 22 Reimbursement Rates. 23 (c) Any chairman or member of a travel control board 24 may, with the consent of the respective appointing official, 25 designate a deputy to serve in his place at any or all 26 meetings of the board. The designation shall be in writing 27 and directed to the chairman of the board. 28 (d) No member of a travel control board may receive 29 additional compensation for his service as a member. 30 (e) A report of the travel reimbursement claims reviewed 31 by each travel control board shall be submitted to the 32 Legislative Audit Commission at least once each quarter and 33 that Commission shall comment on all such reports in its 34 annual reports to the General Assembly. HB0236 Engrossed -508- LRB9100031DJcdA 1 (Source: P.A. 89-4, eff. 1-1-96; 89-214, eff. 8-4-95; 89-508, 2 eff. 7-3-96; 89-626, eff. 8-9-96; 90-609, eff. 6-30-98.) 3 (30 ILCS 105/13.4) (from Ch. 127, par. 149.4) 4 Sec. 13.4. All appropriations recommended to the General 5 Assembly by the Governor in the State Budget submitted 6 pursuant to Section 50-538of"the State Budget Law (15 ILCS 7 20/50-5)Civil Administrative Code of Illinois"shall be 8 incorporated into and prepared as one or more appropriation 9 bills which shall either be introduced in the General 10 Assembly or submitted to the legislative leaders of both the 11 Senate and the House of Representatives not later than 2 12 session days after the submission of the Governor's budget 13 recommendations immediately preceding the start of the fiscal 14 year for which the Budget is recommended. 15 (Source: P.A. 81-518.) 16 (30 ILCS 105/14) (from Ch. 127, par. 150) 17 Sec. 14. The item "personal services", when used in an 18 appropriation Act, means the reward or recompense made for 19 personal services rendered for the State by an officer or 20 employee of the State or of an instrumentality thereof, or 21 for the purpose of Section 14a of this Act, or any amount 22 required or authorized to be deducted from the salary of any 23 such person under the provisions of Section 30c of this Act, 24 or any retirement or tax law, or both, or deductions from the 25 salary of any such person under the Social Security Enabling 26 Act or deductions from the salary of such person pursuant to 27 the Voluntary Payroll Deductions Act of 1983. 28 If no home is furnished to a person who is a full-time 29 chaplain employed by the State or a former full-time chaplain 30 retired from State employment, 20% of the salary or pension 31 paid to that person for his personal services to the State as 32 chaplain are considered to be a rental allowance paid to him HB0236 Engrossed -509- LRB9100031DJcdA 1 to rent or otherwise provide a home. This amendatory Act of 2 1973 applies to State salary amounts received after December 3 31, 1973. 4 When any appropriation payable from trust funds or 5 federal funds includes an item for personal services but does 6 not include a separate item for State contribution for 7 employee group insurance, the State contribution for employee 8 group insurance in relation to employees paid under that 9 personal services line item shall also be payable under that 10 personal services line item. 11 When any appropriation payable from trust funds or 12 federal funds includes an item for personal services but does 13 not include a separate item for employee retirement 14 contributions paid by the employer, the State contribution 15 for employee retirement contributions paid by the employer in 16 relation to employees paid under that personal services line 17 item shall also be payable under that personal services line 18 item. 19 The item "personal services", when used in an 20 appropriation Act, shall also mean and include a payment to a 21 State retirement system by a State agency to discharge a debt 22 arising from the over-refund to an employee of retirement 23 contributions. The payment to a State retirement system 24 authorized by this paragraph shall not be construed to 25 release the employee from his or her obligation to return to 26 the State the amount of the over-refund. 27 The item "personal services", when used in an 28 appropriation Act, also includes a payment to reimburse the 29 Department of Central Management Services for temporary total 30 disability benefit payments in accordance with subdivision 31 (9)(i)(2)of Section 405-10564.1of the Department of 32 Central Management Services Law (20 ILCS 405/405-105)Civil33Administrative Code of Illinois. 34 Beginning July 1, 1993, the item "personal services" and HB0236 Engrossed -510- LRB9100031DJcdA 1 related line items, when used in an appropriation Act or this 2 Act, shall also mean and include back wage claims of State 3 officers and employees to the extent those claims have not 4 been satisfied from the back wage appropriation to the 5 Department of Central Management Services in the preceding 6 fiscal year, as provided in Section 14b of this Act and 7 subdivision (13) of Section 405-10564.1(m)of the Department 8 of Central Management Services Law (20 ILCS 405/405-105) 9Civil Administrative Code of Illinois. 10 The item "personal services", when used with respect to 11 State police officers in an appropriation Act, also includes 12 a payment for the burial expenses of a State police officer 13 killed in the line of duty, made in accordance with Section 14 12.2 of the State Police Act and any rules adopted under that 15 Section. 16 (Source: P.A. 90-178, eff. 7-23-97.) 17 (30 ILCS 105/14b) (from Ch. 127, par. 150b) 18 Sec. 14b. Back wage claims. This Section applies 19 beginning July 1, 1993. 20 (a) The Director of the Department of Central Management 21 Services is authorized to pay any portion of a back wage 22 claim of a State employee of the Office of the Governor or of 23 a State department listed in Section 5-153of the 24 Departments of State Government Law (20 ILCS 5/5-15)Civil25Administrative Code of Illinois,that has not been satisfied 26 from the Department's preceding fiscal year back wage claim 27 appropriation, from the lapsed personal services line item 28 and related line item appropriations of the Office of the 29 Governor or the appropriate State department, payable from 30 the General Revenue Fund. If any portion of the back wage 31 claim still remains unsatisfied, the Director of the 32 Department of Central Management Services is authorized to 33 pay the unsatisfied portion from the lapsed personal services HB0236 Engrossed -511- LRB9100031DJcdA 1 line item and related line item appropriations of the 2 Department of Central Management Services, payable from the 3 General Revenue Fund. The Director of the Department of 4 Central Management Services is authorized to issue the 5 necessary vouchers for payments under this subsection. 6 (b) The officer responsible for approving and certifying 7 payroll vouchers of all State officers and of all State 8 offices, agencies, boards or commissions not covered in 9 subsection (a) is authorized to pay any portion of a back 10 wage claim of a State officer or employee, that has not been 11 satisfied from the Department of Central Management Services' 12 preceding fiscal year back wage claim appropriation, from the 13 lapsed personal services line item and related line item 14 appropriations of the employing State office or agency, 15 payable from the General Revenue Fund. If any portion of the 16 back wage claim still remains unsatisfied, the Director of 17 the Department of Central Management Services is authorized 18 to pay the unsatisfied portion from the lapsed personal 19 services line item and related line item appropriations of 20 the Department of Central Management Services, payable from 21 the General Revenue Fund. The certifying officer, or the 22 Director of the Department of Central Management Services in 23 the case of payment from lapsed Department appropriations, is 24 authorized to issue the necessary vouchers for payments under 25 this subsection. 26 (c) The Director of the Department of Central Management 27 Services may promulgate rules governing all back wage claim 28 matters. 29 (Source: P.A. 87-1234.) 30 (30 ILCS 105/36) (from Ch. 127, par. 167.04) 31 Sec. 36. Contracts entered into by the Department of 32 Central Management Services pursuant to Section 405-29567.3033of the Department of Central Management Services Law (20 HB0236 Engrossed -512- LRB9100031DJcdA 1 ILCS 405/405-295)Civil Administrative Code of Illinoismay 2 provide for payment to the vendor to be determined, wholly or 3 partially, on demonstrated savings in energy consumption. 4 Payments for such projects shall be paid by the agency or 5 agencies that benefit from the project. Funds which 6 otherwise would have been used to pay for utilities may be 7 used to pay the costs associated with the energy savings 8 project contract. 9 (Source: P.A. 86-1287.) 10 Section 5-190. The Gifts and Grants to Government Act is 11 amended by changing Section 1 as follows: 12 (30 ILCS 110/1) (from Ch. 127, par. 168-81) 13 Sec. 1. The Governor, Lieutenant Governor, Attorney 14 General, Secretary of State, Comptroller and Treasurer may 15 accept monetary gifts or grants from any nongovernmental 16 source, upon such terms and conditions as may be imposed, and 17 may expend, subject to appropriation, such gifts or grants 18 for any purpose necessary or desirable in the exercise of the 19 powers or the performance of the duties of their offices. 20 Until January 11, 1999, while the office of Lieutenant 21 Governor is vacant, the powers and duties of the Lieutenant 22 Governor under this Act shall be carried out as provided in 23 Section 67.35 of the Civil Administrative Code of Illinois 24 (renumbered; now Section 405-500 of the Department of Central 25 Management Services Law, 20 ILCS 405/405-500). 26 (Source: P.A. 90-609, eff. 6-30-98.) 27 Section 5-195. The Uncollected State Claims Act is 28 amended by changing Section 2 as follows: 29 (30 ILCS 205/2) (from Ch. 15, par. 102) 30 Sec. 2. (a) When any State agency is unable to collect HB0236 Engrossed -513- LRB9100031DJcdA 1 any claim or account receivable of $1,000 or more due the 2 agency after having pursued the procedure prescribed by law 3 or applicable rules and regulations for the collection 4 thereof or, if no procedure is so prescribed, then after 5 having undertaken all reasonable and appropriate procedures 6 available to the agency to effectuate collection, the State 7 agency shall request the Attorney General to certify the 8 claim or account receivable to be uncollectible. 9 (b) Each request to the Attorney General asking that a 10 claim or account receivable of $1,000 or more be declared 11 uncollectible shall be in a format prescribed by the Attorney 12 General and shall include at a minimum the following 13 information: debtor's name, debtor's social security number 14 or comparable identifying number, debtor's last known 15 address, nature of the debt, efforts made to collect the debt 16 and the time period covered by those efforts, the age of the 17 debt, the age of the debtor and the specific reason the State 18 agency believes the debt to be uncollectible. Nothing in 19 this provision should be interpreted as a limitation on the 20 authority of the Attorney General to require additional 21 information that he may find to be necessary to evaluate 22 requests sent him pursuant to this provision. 23 (c) Claims or accounts receivable of less than $1,000 24 may be certified as uncollectible by the agency when the 25 agency determines that further collection efforts are not in 26 the best economic interest of the State. Such determination 27 shall be made in accordance with rules of the Comptroller. 28 (d) If any item of information required by this 29 provision or any item of additional information required by 30 the Attorney General is not available, the State agency shall 31 specifically so state in its request to the Attorney General 32 asking that the debt be declared uncollectible. 33 (e) A State agency participating in a federal student 34 loan program may remove student loans from its records by HB0236 Engrossed -514- LRB9100031DJcdA 1 assigning or referring such student loans to the federal 2 government for collection pursuant to the procedures 3 prescribed by federal laws and regulations. 4 (f) Claims and receivables due from another State agency 5 may be written off if the agency has pursued all reasonable 6 means of collection and if the amount (1) is payable from an 7 appropriation which has lapsed; (2) may not properly be 8 charged against a current appropriation; and (3) was not 9 originally payable from federal funds, a trust fund or 10 locally held funds. Each agency which writes off claims or 11 receivables pursuant to this subparagraph shall submit a 12 listing of all such write-offs to the Comptroller within 60 13 days of taking such action. 14 (g) Debts certified as uncollectible may be reopened for 15 collection by an agency upon the approval of the Attorney 16 General. 17 (h) Agencies shall submit a list of debts certified as 18 uncollectible to the Comptroller in the form and manner 19 specified by the Comptroller. The Comptroller shall take 20 reasonable steps to accept information on agency computer 21 tapes. 22 (i) After compliance with all provisions of this 23 Section, an agency may delete from its records debts 24 certified as uncollectible as follows: 25 (1) When the debt is less than $1,000, immediately upon 26 certification by the agency; 27 (2) For debts of $1,000 or more that are less than 5 28 years old, when the agency determines pursuant to rules and 29 regulations promulgated by the Comptroller that such deletion 30 is in the best economic interest of the State; 31 (3) For debts of $1,000 or more when, the debt is more 32 than 5 years old. 33 (j) The Attorney General shall report to the General 34 Assembly by February 1 of each year the following: HB0236 Engrossed -515- LRB9100031DJcdA 1 (1) the total number and dollar amount of debts referred 2 to him for collection in the preceding calendar year; 3 (2) the total amount actually collected; 4 (3) the number of cases by agency. 5 (k) Each State agency shall report in its annual report 6 the total amount and the number of claims due and payable to 7 the State. Each agency shall also describe in its annual 8 report the method used in collecting debts, whether by a 9 private collection service or by the Attorney General. 10 (1) The provisions of Section 2505-25039cof the 11 Department of Revenue Law (20 ILCS 2505/2505-250)Civil12Administrative Code of Illinoistake precedence over the 13 provisions of this Section. 14 (Source: P.A. 84-1308; 84-1344.) 15 Section 5-200. The State Officers and Employees Money 16 Disposition Act is amended by changing Section 2 as follows: 17 (30 ILCS 230/2) (from Ch. 127, par. 171) 18 Sec. 2. Accounts of money received; payment into State 19 treasury. 20 (a) Every officer, board, commission, commissioner, 21 department, institution, arm or agency brought within the 22 provisions of this Act by Section 1 shall keep in proper 23 books a detailed itemized account of all moneys received for 24 or on behalf of the State, showing the date of receipt, the 25 payor, and purpose and amount, and the date and manner of 26 disbursement as hereinafter provided, and, unless a different 27 time of payment is expressly provided by law or by rules or 28 regulations promulgated under subsection (b) of this Section, 29 shall pay into the State treasury the gross amount of money 30 so received on the day of actual physical receipt with 31 respect to any single item of receipt exceeding $10,000, 32 within 24 hours of actual physical receipt with respect to an HB0236 Engrossed -516- LRB9100031DJcdA 1 accumulation of receipts of $10,000 or more, or within 48 2 hours of actual physical receipt with respect to an 3 accumulation of receipts exceeding $500 but less than 4 $10,000, disregarding holidays, Saturdays and Sundays, after 5 the receipt of same, without any deduction on account of 6 salaries, fees, costs, charges, expenses or claims of any 7 description whatever; provided that: 8 (1) the provisions of (i) Section 2505-47539b32of 9 the Department of Revenue Law (20 ILCS 2505/2505-475) 10Civil Administrative Code of Illinois, (ii) any specific 11 taxing statute authorizing a claim for credit procedure 12 instead of the actual making of refunds, (iii) Section 13 505 of the Illinois Controlled Substances Act, 14 authorizing the Director of State Police to dispose of 15 forfeited property, which includes the sale and 16 disposition of the proceeds of the sale of forfeited 17 property, and the Department of Central Management 18 Services to be reimbursed for costs incurred with the 19 sales of forfeited vehicles, boats or aircraft and to pay 20 to bona fide or innocent purchasers, conditional sales 21 vendors or mortgagees of such vehicles, boats or aircraft 22 their interest in such vehicles, boats or aircraft, and 23 (iv) Section 6b-2 of the State Finance Act, establishing 24 procedures for handling cash receipts from the sale of 25 pari-mutuel wagering tickets, shall not be deemed to be 26 in conflict with the requirements of this Section; 27 (2) any fees received by the State Registrar of 28 Vital Records pursuant to the Vital Records Act which are 29 insufficient in amount may be returned by the Registrar 30 as provided in that Act; 31 (3) any fees received by the Department of Public 32 Health under the Food Handling Regulation Enforcement Act 33 that are submitted for renewal of an expired food service 34 sanitation manager certificate may be returned by the HB0236 Engrossed -517- LRB9100031DJcdA 1 Director as provided in that Act; and 2 (4) if the amount of money received does not exceed 3 $500, such money may be retained and need not be paid 4 into the State treasury until the total amount of money 5 so received exceeds $500, or until the next succeeding 6 1st or 15th day of each month (or until the next business 7 day if these days fall on Sunday or a holiday), whichever 8 is earlier, at which earlier time such money shall be 9 paid into the State treasury, except that if a local bank 10 or savings and loan association account has been 11 authorized by law, any balances shall be paid into the 12 State treasury on Monday of each week if more than $500 13 is to be deposited in any fund. 14 Single items of receipt exceeding $10,000 received after 15 2 p.m. on a working day may be deemed to have been received 16 on the next working day for purposes of fulfilling the 17 requirement that the item be deposited on the day of actual 18 physical receipt. 19 No money belonging to or left for the use of the State 20 shall be expended or applied except in consequence of an 21 appropriation made by law and upon the warrant of the State 22 Comptroller. However, payments made by the Comptroller to 23 persons by direct deposit need not be made upon the warrant 24 of the Comptroller, but if not made upon a warrant, shall be 25 made in accordance with Section 9.02 of the State Comptroller 26 Act. All moneys so paid into the State treasury shall, 27 unless required by some statute to be held in the State 28 treasury in a separate or special fund, be covered into the 29 General Revenue Fund in the State treasury. Moneys received 30 in the form of checks, drafts or similar instruments shall be 31 properly endorsed, if necessary, and delivered to the State 32 Treasurer for collection. The State Treasurer shall remit 33 such collected funds to the depositing officer, board, 34 commission, commissioner, department, institution, arm or HB0236 Engrossed -518- LRB9100031DJcdA 1 agency by Treasurers Draft or through electronic funds 2 transfer. The draft or notification of the electronic funds 3 transfer shall be provided to the State Comptroller to allow 4 deposit into the appropriate fund. 5 (b) Different time periods for the payment of public 6 funds into the State treasury or to the State Treasurer, in 7 excess of the periods established in subsection (a) of this 8 Section, but not in excess of 30 days after receipt of such 9 funds, may be established and revised from time to time by 10 rules or regulations promulgated jointly by the State 11 Treasurer and the State Comptroller in accordance with the 12 Illinois Administrative Procedure Act. The different time 13 periods established by rule or regulation under this 14 subsection may vary according to the nature and amounts of 15 the funds received, the locations at which the funds are 16 received, whether compliance with the deposit requirements 17 specified in subsection (a) of this Section would be cost 18 effective, and such other circumstances and conditions as the 19 promulgating authorities consider to be appropriate. The 20 Treasurer and the Comptroller shall review all such different 21 time periods established pursuant to this subsection every 2 22 years from the establishment thereof and upon such review, 23 unless it is determined that it is economically unfeasible 24 for the agency to comply with the provisions of subsection 25 (a), shall repeal such different time period. 26 (Source: P.A. 89-641, eff. 8-9-96; 90-37, eff. 6-27-97; 27 90-655, eff. 7-30-98.) 28 Section 5-205. The General Obligation Bond Act is amended 29 by changing Section 4 as follows: 30 (30 ILCS 330/4) (from Ch. 127, par. 654) 31 Sec. 4. Transportation. The amount of $2,484,270,000 is 32 authorized for use by the Department of Transportation for HB0236 Engrossed -519- LRB9100031DJcdA 1 the specific purpose of promoting and assuring rapid, 2 efficient, and safe highway, air and mass transportation for 3 the inhabitants of the State by providing monies, including 4 the making of grants and loans, for the acquisition, 5 construction, reconstruction, extension and improvement of 6 the following transportation facilities and equipment, and 7 for the acquisition of real property and interests in real 8 property required or expected to be required in connection 9 therewith as follows: 10 (a) $1,411,000,000 for State highways, arterial 11 highways, freeways, roads, bridges, structures separating 12 highways and railroads and roads, and bridges on roads 13 maintained by counties, municipalities, townships or road 14 districts for the following specific purposes: 15 (1) $1,310,000,000 for use statewide, 16 (2) $3,641,000 for use outside the Chicago 17 urbanized area, 18 (3) $7,543,000 for use within the Chicago urbanized 19 area, 20 (4) $13,060,600 for use within the City of Chicago, 21 (5) $57,894,500 for use within the counties of 22 Cook, DuPage, Kane, Lake, McHenry and Will, and 23 (6) $18,860,900 for use outside the counties of 24 Cook, DuPage, Kane, Lake, McHenry and Will. 25 (b) $883,270,000 for mass transit facilities, as defined 26 in Section 2705-30549.19of the Department of Transportation 27 Law (20 ILCS 2705/2705-305)Civil Administrative Code of28Illinois, including rapid transit, rail, bus and other 29 equipment used in connection therewith by the State or any 30 unit of local government, special transportation district, 31 municipal corporation or other corporation or public 32 authority authorized to provide and promote public 33 transportation within the State or two or more of the 34 foregoing jointly, for the following specific purposes: HB0236 Engrossed -520- LRB9100031DJcdA 1 (1) $787,470,000 statewide, 2 (2) $83,350,000 for use within the counties of 3 Cook, DuPage, Kane, Lake, McHenry and Will, 4 (3) $12,450,000 for use outside the counties of 5 Cook, DuPage, Kane, Lake, McHenry and Will. 6 (c) $190,000,000 for airport or aviation facilities and 7 any equipment used in connection therewith, including 8 engineering and land acquisition costs, by the State or any 9 unit of local government, special transportation district, 10 municipal corporation or other corporation or public 11 authority authorized to provide public transportation within 12 the State, or two or more of the foregoing acting jointly. 13 (Source: P.A. 89-235, eff. 8-4-95; 90-1, eff. 2-20-97; 90-8, 14 eff. 12-8-97 (changed from 6-1-98 by P.A. 90-549); 90-586, 15 eff. 6-4-98.) 16 Section 5-215. The Downstate Public Transportation Act is 17 amended by changing Section 2-7 as follows: 18 (30 ILCS 740/2-7) (from Ch. 111 2/3, par. 667) 19 Sec. 2-7. Quarterly reports; annual audit. 20 (a) Any Metro-East Transit District participant shall, 21 no later than 30 days following the end of each month of any 22 fiscal year, file with the Department on forms provided by 23 the Department for that purpose, a report of the actual 24 operating deficit experienced during that quarter. The 25 Department shall, upon receipt of the quarterly report, and 26 upon determining that such operating deficits were incurred 27 in conformity with the program of proposed expenditures 28 approved by the Department pursuant to Section 2-11, pay to 29 any Metro-East Transit District participant such portion of 30 such operating deficit as funds have been transferred to the 31 Metro-East Transit Public Transportation Fund and allocated 32 to that Metro-East Transit District participant. HB0236 Engrossed -521- LRB9100031DJcdA 1 (b) Each participant other than any Metro-East Transit 2 District participant shall, 30 days before the end of each 3 quarter, file with the Department on forms provided by the 4 Department for such purposes a report of the projected 5 eligible operating expenses to be incurred in the next 6 quarter and 30 days before the third and fourth quarters of 7 any fiscal year a statement of actual eligible operating 8 expenses incurred in the preceding quarters. Within 45 days 9 of receipt by the Department of such quarterly report, the 10 Comptroller shall order paid and the Treasurer shall pay from 11 the Downstate Public Transportation Fund to each participant 12 an amount equal to one-third of such participant's eligible 13 operating expenses; provided, however, that in Fiscal Year 14 1997, the amount paid to each participant from the Downstate 15 Public Transportation Fund shall be an amount equal to 47% of 16 such participant's eligible operating expenses and shall be 17 increased to 49% in Fiscal Year 1998, 51% in Fiscal Year 18 1999, 53% in Fiscal Year 2000, and 55% in Fiscal Year 2001 19 and thereafter; however, in any year that a participant 20 receives funding under subsection (i)paragraph (9)of 21 Section 2705-30549.19of the Department of Transportation 22 Law (20 ILCS 2705/2705-305)Civil Administrative Code of23Illinois, that participant shall be eligible only for 24 assistance equal to the following percentage of its eligible 25 operating expenses: 42% in Fiscal Year 1997, 44% in Fiscal 26 Year 1998, 46% in Fiscal Year 1999, 48% in Fiscal Year 2000, 27 and 50% in Fiscal Year 2001 and thereafter. Any such payment 28 for the third and fourth quarters of any fiscal year shall be 29 adjusted to reflect actual eligible operating expenses for 30 preceding quarters of such fiscal year. However, no 31 participant shall receive an amount less than that which was 32 received in the immediate prior year, provided in the event 33 of a shortfall in the fund those participants receiving less 34 than their full allocation pursuant to Section 6 of this HB0236 Engrossed -522- LRB9100031DJcdA 1 Article shall be the first participants to receive an amount 2 not less than that received in the immediate prior year. 3 (c) No later than 180 days following the last day of the 4 Fiscal Year each participant shall provide the Department 5 with an audit prepared by a Certified Public Accountant 6 covering that Fiscal Year. Any discrepancy between the 7 grants paid and one-third of the eligible operating expenses 8 or in the case of the Bi-State Metropolitan Development 9 District the approved program amount shall be reconciled by 10 appropriate payment or credit. Beginning in Fiscal Year 1985, 11 for those participants other than the Bi-State Metropolitan 12 Development District, any discrepancy between the grants paid 13 and the percentage of the eligible operating expenses 14 provided for by paragraph (b) of this Section shall be 15 reconciled by appropriate payment or credit. 16 (Source: P.A. 89-598, eff. 8-1-96.) 17 Section 5-220. The Illinois Income Tax Act is amended by 18 changing Sections 302, 701, and 901 as follows: 19 (35 ILCS 5/302) (from Ch. 120, par. 3-302) 20 Sec. 302. Compensation paid to nonresidents. 21 (a) In general. All items of compensation paid in this 22 State (as determined under Section 304(a)(2)(B)) to an 23 individual who is a nonresident at the time of such payment 24 and all items of deduction directly allocable thereto, shall 25 be allocated to this State. 26 (b) Reciprocal exemption. The Director may enter into an 27 agreement with the taxing authorities of any state which 28 imposes a tax on or measured by income to provide that 29 compensation paid in such state to residents of this State 30 shall be exempt from such tax; in such case, any compensation 31 paid in this State to residents of such state shall not be 32 allocated to this State. All reciprocal agreements shall be HB0236 Engrossed -523- LRB9100031DJcdA 1 subject to the requirements of Section 2505-57539b53of the 2 Department of Revenue Law (20 ILCS 2505/2505-575)Civil3Administrative Code of Illinois. 4 (c) Cross references. 5 (1) For allocation of amounts received by 6 nonresidents from certain employee trusts, see Section 7 301(b)(2). 8 (2) For allocation of compensation by residents, 9 see Section 301(a). 10 (Source: P.A. 90-491, eff. 1-1-98.) 11 (35 ILCS 5/701) (from Ch. 120, par. 7-701) 12 Sec. 701. Requirement and Amount of Withholding. 13 (a) In General. 14 Every employer maintaining an office or transacting 15 business within this State and required under the provisions 16 of the Internal Revenue Code to withhold a tax on: 17 (1) compensation paid in this State (as determined 18 under Section 304 (a) (2) (B) to an individual; or 19 (2) payments described in subsection (b) shall 20 deduct and withhold from such compensation for each 21 payroll period (as defined in Section 3401 of the 22 Internal Revenue Code) an amount equal to the amount by 23 which such individual's compensation exceeds the 24 proportionate part of this withholding exemption 25 (computed as provided in Section 702) attributable to the 26 payroll period for which such compensation is payable 27 multiplied by a percentage equal to the percentage tax 28 rate for individuals provided in subsection (b) of 29 Section 201. 30 (b) Payment to Residents. 31 Any payment (including compensation) to a resident by a 32 payor maintaining an office or transacting business within 33 this State and on which withholding of tax is required under HB0236 Engrossed -524- LRB9100031DJcdA 1 the provisions of the Internal Revenue Code shall be deemed 2 to be compensation paid in this State by an employer to an 3 employee for the purposes of Article 7 and Section 601 (b) 4 (1) to the extent such payment is included in the recipient's 5 base income and not subjected to withholding by another 6 state. 7 (c) Special Definitions. 8 Withholding shall be considered required under the 9 provisions of the Internal Revenue Code to the extent the 10 Internal Revenue Code either requires withholding or allows 11 for voluntary withholding the payor and recipient have 12 entered into such a voluntary withholding agreement. For the 13 purposes of Article 7 and Section 1002 (c) the term 14 "employer" includes any payor who is required to withhold tax 15 pursuant to this Section. 16 (d) Reciprocal Exemption. 17 The Director may enter into an agreement with the taxing 18 authorities of any state which imposes a tax on or measured 19 by income to provide that compensation paid in such state to 20 residents of this State shall be exempt from withholding of 21 such tax; in such case, any compensation paid in this State 22 to residents of such state shall be exempt from withholding. 23 All reciprocal agreements shall be subject to the 24 requirements of Section 2505-57539b53of the Department of 25 Revenue Law (20 ILCS 2505/2505-575)Civil Administrative Code26of Illinois. 27 (e) Notwithstanding subsection (a) (2) of this Section, 28 no withholding is required on payments for which withholding 29 is required under Section 3405 or 3406 of the Internal 30 Revenue Code of 1954. 31 (Source: P.A. 90-491, eff. 1-1-98.) 32 (35 ILCS 5/901) (from Ch. 120, par. 9-901) 33 Sec. 901. Collection Authority. HB0236 Engrossed -525- LRB9100031DJcdA 1 (a) In general. 2 The Department shall collect the taxes imposed by this 3 Act. The Department shall collect certified past due child 4 support amounts under Section 2505-65039b52of the 5 Department of Revenue Law (20 ILCS 2505/2505-650)Civil6Administrative Code of Illinois. Except as provided in 7 subsections (c) and (e) of this Section, money collected 8 pursuant to subsections (a) and (b) of Section 201 of this 9 Act shall be paid into the General Revenue Fund in the State 10 treasury; money collected pursuant to subsections (c) and (d) 11 of Section 201 of this Act shall be paid into the Personal 12 Property Tax Replacement Fund, a special fund in the State 13 Treasury; and money collected under Section 2505-65039b52of 14 the Department of Revenue Law (20 ILCS 2505/2505-650)Civil15Administrative Code of Illinoisshall be paid into the Child 16 Support Enforcement Trust Fund, a special fund outside the 17 State Treasury. 18 (b) Local Governmental Distributive Fund. 19 Beginning August 1, 1969, and continuing through June 30, 20 1994, the Treasurer shall transfer each month from the 21 General Revenue Fund to a special fund in the State treasury, 22 to be known as the "Local Government Distributive Fund", an 23 amount equal to 1/12 of the net revenue realized from the tax 24 imposed by subsections (a) and (b) of Section 201 of this Act 25 during the preceding month. Beginning July 1, 1994, and 26 continuing through June 30, 1995, the Treasurer shall 27 transfer each month from the General Revenue Fund to the 28 Local Government Distributive Fund an amount equal to 1/11 of 29 the net revenue realized from the tax imposed by subsections 30 (a) and (b) of Section 201 of this Act during the preceding 31 month. Beginning July 1, 1995, the Treasurer shall transfer 32 each month from the General Revenue Fund to the Local 33 Government Distributive Fund an amount equal to 1/10 of the 34 net revenue realized from the tax imposed by subsections (a) HB0236 Engrossed -526- LRB9100031DJcdA 1 and (b) of Section 201 of the Illinois Income Tax Act during 2 the preceding month. Net revenue realized for a month shall 3 be defined as the revenue from the tax imposed by subsections 4 (a) and (b) of Section 201 of this Act which is deposited in 5 the General Revenue Fund, the Educational Assistance Fund and 6 the Income Tax Surcharge Local Government Distributive Fund 7 during the month minus the amount paid out of the General 8 Revenue Fund in State warrants during that same month as 9 refunds to taxpayers for overpayment of liability under the 10 tax imposed by subsections (a) and (b) of Section 201 of this 11 Act. 12 (c) Deposits Into Income Tax Refund Fund. 13 (1) Beginning on January 1, 1989 and thereafter, 14 the Department shall deposit a percentage of the amounts 15 collected pursuant to subsections (a) and (b)(1), (2), 16 and (3), of Section 201 of this Act into a fund in the 17 State treasury known as the Income Tax Refund Fund. The 18 Department shall deposit 6% of such amounts during the 19 period beginning January 1, 1989 and ending on June 30, 20 1989. Beginning with State fiscal year 1990 and for each 21 fiscal year thereafter, the percentage deposited into the 22 Income Tax Refund Fund during a fiscal year shall be the 23 Annual Percentage. For fiscal years 1999 through 2001, 24 the Annual Percentage shall be 7.1%. For all other 25 fiscal years, the Annual Percentage shall be calculated 26 as a fraction, the numerator of which shall be the amount 27 of refunds approved for payment by the Department during 28 the preceding fiscal year as a result of overpayment of 29 tax liability under subsections (a) and (b)(1), (2), and 30 (3) of Section 201 of this Act plus the amount of such 31 refunds remaining approved but unpaid at the end of the 32 preceding fiscal year, the denominator of which shall be 33 the amounts which will be collected pursuant to 34 subsections (a) and (b)(1), (2), and (3) of Section 201 HB0236 Engrossed -527- LRB9100031DJcdA 1 of this Act during the preceding fiscal year. The 2 Director of Revenue shall certify the Annual Percentage 3 to the Comptroller on the last business day of the fiscal 4 year immediately preceding the fiscal year for which it 5 is to be effective. 6 (2) Beginning on January 1, 1989 and thereafter, 7 the Department shall deposit a percentage of the amounts 8 collected pursuant to subsections (a) and (b)(6), (7), 9 and (8), (c) and (d) of Section 201 of this Act into a 10 fund in the State treasury known as the Income Tax Refund 11 Fund. The Department shall deposit 18% of such amounts 12 during the period beginning January 1, 1989 and ending on 13 June 30, 1989. Beginning with State fiscal year 1990 and 14 for each fiscal year thereafter, the percentage deposited 15 into the Income Tax Refund Fund during a fiscal year 16 shall be the Annual Percentage. For fiscal years 1999, 17 2000, and 2001, the Annual Percentage shall be 19%. For 18 all other fiscal years, the Annual Percentage shall be 19 calculated as a fraction, the numerator of which shall be 20 the amount of refunds approved for payment by the 21 Department during the preceding fiscal year as a result 22 of overpayment of tax liability under subsections (a) and 23 (b)(6), (7), and (8), (c) and (d) of Section 201 of this 24 Act plus the amount of such refunds remaining approved 25 but unpaid at the end of the preceding fiscal year, the 26 denominator of which shall be the amounts which will be 27 collected pursuant to subsections (a) and (b)(6), (7), 28 and (8), (c) and (d) of Section 201 of this Act during 29 the preceding fiscal year. The Director of Revenue shall 30 certify the Annual Percentage to the Comptroller on the 31 last business day of the fiscal year immediately 32 preceding the fiscal year for which it is to be 33 effective. 34 (d) Expenditures from Income Tax Refund Fund. HB0236 Engrossed -528- LRB9100031DJcdA 1 (1) Beginning January 1, 1989, money in the Income 2 Tax Refund Fund shall be expended exclusively for the 3 purpose of paying refunds resulting from overpayment of 4 tax liability under Section 201 of this Act and for 5 making transfers pursuant to this subsection (d). 6 (2) The Director shall order payment of refunds 7 resulting from overpayment of tax liability under Section 8 201 of this Act from the Income Tax Refund Fund only to 9 the extent that amounts collected pursuant to Section 201 10 of this Act and transfers pursuant to this subsection (d) 11 have been deposited and retained in the Fund. 12 (3) As soon as possible after the end of each 13 fiscal year, the Director shall order transferred and the 14 State Treasurer and State Comptroller shall transfer from 15 the Income Tax Refund Fund to the Personal Property Tax 16 Replacement Fund an amount, certified by the Director to 17 the Comptroller, equal to the excess of the amount 18 collected pursuant to subsections (c) and (d) of Section 19 201 of this Act deposited into the Income Tax Refund Fund 20 during the fiscal year over the amount of refunds 21 resulting from overpayment of tax liability under 22 subsections (c) and (d) of Section 201 of this Act paid 23 from the Income Tax Refund Fund during the fiscal year. 24 (4) As soon as possible after the end of each 25 fiscal year, the Director shall order transferred and the 26 State Treasurer and State Comptroller shall transfer from 27 the Personal Property Tax Replacement Fund to the Income 28 Tax Refund Fund an amount, certified by the Director to 29 the Comptroller, equal to the excess of the amount of 30 refunds resulting from overpayment of tax liability under 31 subsections (c) and (d) of Section 201 of this Act paid 32 from the Income Tax Refund Fund during the fiscal year 33 over the amount collected pursuant to subsections (c) and 34 (d) of Section 201 of this Act deposited into the Income HB0236 Engrossed -529- LRB9100031DJcdA 1 Tax Refund Fund during the fiscal year. 2 (4.5) As soon as possible after the end of fiscal 3 year 1999 and of each fiscal year thereafter, the 4 Director shall order transferred and the State Treasurer 5 and State Comptroller shall transfer from the Income Tax 6 Refund Fund to the General Revenue Fund any surplus 7 remaining in the Income Tax Refund Fund as of the end of 8 such fiscal year. 9 (5) This Act shall constitute an irrevocable and 10 continuing appropriation from the Income Tax Refund Fund 11 for the purpose of paying refunds upon the order of the 12 Director in accordance with the provisions of this 13 Section. 14 (e) Deposits into the Education Assistance Fund and the 15 Income Tax Surcharge Local Government Distributive Fund. 16 On July 1, 1991, and thereafter, of the amounts collected 17 pursuant to subsections (a) and (b) of Section 201 of this 18 Act, minus deposits into the Income Tax Refund Fund, the 19 Department shall deposit 7.3% into the Education Assistance 20 Fund in the State Treasury. Beginning July 1, 1991, and 21 continuing through January 31, 1993, of the amounts collected 22 pursuant to subsections (a) and (b) of Section 201 of the 23 Illinois Income Tax Act, minus deposits into the Income Tax 24 Refund Fund, the Department shall deposit 3.0% into the 25 Income Tax Surcharge Local Government Distributive Fund in 26 the State Treasury. Beginning February 1, 1993 and 27 continuing through June 30, 1993, of the amounts collected 28 pursuant to subsections (a) and (b) of Section 201 of the 29 Illinois Income Tax Act, minus deposits into the Income Tax 30 Refund Fund, the Department shall deposit 4.4% into the 31 Income Tax Surcharge Local Government Distributive Fund in 32 the State Treasury. Beginning July 1, 1993, and continuing 33 through June 30, 1994, of the amounts collected under 34 subsections (a) and (b) of Section 201 of this Act, minus HB0236 Engrossed -530- LRB9100031DJcdA 1 deposits into the Income Tax Refund Fund, the Department 2 shall deposit 1.475% into the Income Tax Surcharge Local 3 Government Distributive Fund in the State Treasury. 4 (Source: P.A. 89-6, eff. 12-31-95; 90-613, eff. 7-9-98; 5 90-655, eff. 7-30-98.) 6 Section 5-225. The Hotel Operators' Occupation Tax Act 7 is amended by changing Section 6 as follows: 8 (35 ILCS 145/6) (from Ch. 120, par. 481b.36) 9 Sec. 6. Except as provided hereinafter in this Section, 10 on or before the last day of each calendar month, every 11 person engaged in the business of renting, leasing or letting 12 rooms in a hotel in this State during the preceding calendar 13 month shall file a return with the Department, stating: 14 1. The name of the operator; 15 2. His residence address and the address of his 16 principal place of business and the address of the 17 principal place of business (if that is a different 18 address) from which he engages in the business of 19 renting, leasing or letting rooms in a hotel in this 20 State; 21 3. Total amount of rental receipts received by him 22 during the preceding calendar month from renting, leasing 23 or letting rooms during such preceding calendar month; 24 4. Total amount of rental receipts received by him 25 during the preceding calendar month from renting, leasing 26 or letting rooms to permanent residents during such 27 preceding calendar month; 28 5. Total amount of other exclusions from gross 29 rental receipts allowed by this Act; 30 6. Gross rental receipts which were received by him 31 during the preceding calendar month and upon the basis of 32 which the tax is imposed; HB0236 Engrossed -531- LRB9100031DJcdA 1 7. The amount of tax due; 2 8. Such other reasonable information as the 3 Department may require. 4 If the operator's average monthly tax liability to the 5 Department does not exceed $200, the Department may authorize 6 his returns to be filed on a quarter annual basis, with the 7 return for January, February and March of a given year being 8 due by April 30 of such year; with the return for April, May 9 and June of a given year being due by July 31 of such year; 10 with the return for July, August and September of a given 11 year being due by October 31 of such year, and with the 12 return for October, November and December of a given year 13 being due by January 31 of the following year. 14 If the operator's average monthly tax liability to the 15 Department does not exceed $50, the Department may authorize 16 his returns to be filed on an annual basis, with the return 17 for a given year being due by January 31 of the following 18 year. 19 Such quarter annual and annual returns, as to form and 20 substance, shall be subject to the same requirements as 21 monthly returns. 22 Notwithstanding any other provision in this Act 23 concerning the time within which an operator may file his 24 return, in the case of any operator who ceases to engage in a 25 kind of business which makes him responsible for filing 26 returns under this Act, such operator shall file a final 27 return under this Act with the Department not more than 1 28 month after discontinuing such business. 29 Where the same person has more than 1 business registered 30 with the Department under separate registrations under this 31 Act, such person shall not file each return that is due as a 32 single return covering all such registered businesses, but 33 shall file separate returns for each such registered 34 business. HB0236 Engrossed -532- LRB9100031DJcdA 1 In his return, the operator shall determine the value of 2 any consideration other than money received by him in 3 connection with the renting, leasing or letting of rooms in 4 the course of his business and he shall include such value in 5 his return. Such determination shall be subject to review 6 and revision by the Department in the manner hereinafter 7 provided for the correction of returns. 8 Where the operator is a corporation, the return filed on 9 behalf of such corporation shall be signed by the president, 10 vice-president, secretary or treasurer or by the properly 11 accredited agent of such corporation. 12 The person filing the return herein provided for shall, 13 at the time of filing such return, pay to the Department the 14 amount of tax herein imposed. The operator filing the return 15 under this Section shall, at the time of filing such return, 16 pay to the Department the amount of tax imposed by this Act 17 less a discount of 2.1% or $25 per calendar year, whichever 18 is greater, which is allowed to reimburse the operator for 19 the expenses incurred in keeping records, preparing and 20 filing returns, remitting the tax and supplying data to the 21 Department on request. 22 There shall be deposited in the Build Illinois Fund in 23 the State Treasury for each State fiscal year 40% of the 24 amount of total net proceeds from the tax imposed by 25 subsection (a) of Section 3. Of the remaining 60%, $5,000,000 26 shall be deposited in the Illinois Sports Facilities Fund and 27 credited to the Subsidy Account each fiscal year by making 28 monthly deposits in the amount of 1/8 of $5,000,000 plus 29 cumulative deficiencies in such deposits for prior months, 30 and an additional $8,000,000 shall be deposited in the 31 Illinois Sports Facilities Fund and credited to the Advance 32 Account each fiscal year by making monthly deposits in the 33 amount of 1/8 of $8,000,000 plus any cumulative deficiencies 34 in such deposits for prior months. (The deposits of the HB0236 Engrossed -533- LRB9100031DJcdA 1 additional $8,000,000 during each fiscal year shall be 2 treated as advances of funds to the Illinois Sports 3 Facilities Authority for its corporate purposes to the extent 4 paid to the Authority or its trustee and shall be repaid into 5 the General Revenue Fund in the State Treasury by the State 6 Treasurer on behalf of the Authority solely from collections 7 of the tax imposed by the Authority pursuant to Section 19 of 8 the Illinois Sports Facilities Act, as amended.) 9 Of the remaining 60% of the amount of total net proceeds 10 from the tax imposed by subsection (a) of Section 3 after all 11 required deposits in the Illinois Sports Facilities Fund, the 12 amount equal to 8% of the net revenue realized from the Hotel 13 Operators' Occupation Tax Act plus an amount equal to 8% of 14 the net revenue realized from any tax imposed under Section 15 4.05 of the Chicago World's Fair-1992 Authority during the 16 preceding month shall be deposited in the Local Tourism Fund 17 each month for purposes authorized by Section 605-70546.6a18 of the Department of Commerce and Community Affairs Law (20 19 ILCS 605/605-705Civil Administrative Code of Illinoisin the 20 Local Tourism Fund. "Net revenue realized for a month" means 21 the revenue collected by the State under that Act during the 22 previous month less the amount paid out during that same 23 month as refunds to taxpayers for overpayment of liability 24 under that Act. 25 After making all these deposits, all other proceeds of 26 the tax imposed under subsection (a) of Section 3 shall be 27 deposited in the General Revenue Fund in the State Treasury. 28 All moneys received by the Department from the additional tax 29 imposed under subsection (b) of Section 3 shall be deposited 30 into the Build Illinois Fund in the State Treasury. 31 The Department may, upon separate written notice to a 32 taxpayer, require the taxpayer to prepare and file with the 33 Department on a form prescribed by the Department within not 34 less than 60 days after receipt of the notice an annual HB0236 Engrossed -534- LRB9100031DJcdA 1 information return for the tax year specified in the notice. 2 Such annual return to the Department shall include a 3 statement of gross receipts as shown by the operator's last 4 State income tax return. If the total receipts of the 5 business as reported in the State income tax return do not 6 agree with the gross receipts reported to the Department for 7 the same period, the operator shall attach to his annual 8 information return a schedule showing a reconciliation of the 9 2 amounts and the reasons for the difference. The operator's 10 annual information return to the Department shall also 11 disclose pay roll information of the operator's business 12 during the year covered by such return and any additional 13 reasonable information which the Department deems would be 14 helpful in determining the accuracy of the monthly, quarterly 15 or annual tax returns by such operator as hereinbefore 16 provided for in this Section. 17 If the annual information return required by this Section 18 is not filed when and as required the taxpayer shall be 19 liable for a penalty in an amount determined in accordance 20 with Section 3-4 of the Uniform Penalty and Interest Act 21 until such return is filed as required, the penalty to be 22 assessed and collected in the same manner as any other 23 penalty provided for in this Act. 24 The chief executive officer, proprietor, owner or highest 25 ranking manager shall sign the annual return to certify the 26 accuracy of the information contained therein. Any person 27 who willfully signs the annual return containing false or 28 inaccurate information shall be guilty of perjury and 29 punished accordingly. The annual return form prescribed by 30 the Department shall include a warning that the person 31 signing the return may be liable for perjury. 32 The foregoing portion of this Section concerning the 33 filing of an annual information return shall not apply to an 34 operator who is not required to file an income tax return HB0236 Engrossed -535- LRB9100031DJcdA 1 with the United States Government. 2 (Source: P.A. 90-26, eff. 7-1-97.) 3 Section 5-227. The Uniform Penalty and Interest Act is 4 amended by changing Section 3-3 as follows: 5 (35 ILCS 735/3-3) (from Ch. 120, par. 2603-3) 6 Sec. 3-3. Penalty for failure to file or pay. 7 (a) This subsection (a) is applicable before January 1, 8 1996. A penalty of 5% of the tax required to be shown due on 9 a return shall be imposed for failure to file the tax return 10 on or before the due date prescribed for filing determined 11 with regard for any extension of time for filing (penalty for 12 late filing or nonfiling). If any unprocessable return is 13 corrected and filed within 21 days after notice by the 14 Department, the late filing or nonfiling penalty shall not 15 apply. If a penalty for late filing or nonfiling is imposed 16 in addition to a penalty for late payment, the total penalty 17 due shall be the sum of the late filing penalty and the 18 applicable late payment penalty. Beginning on the effective 19 date of this amendatory Act of 1995, in the case of any type 20 of tax return required to be filed more frequently than 21 annually, when the failure to file the tax return on or 22 before the date prescribed for filing (including any 23 extensions) is shown to be nonfraudulent and has not occurred 24 in the 2 years immediately preceding the failure to file on 25 the prescribed due date, the penalty imposed by section 26 3-3(a) shall be abated. 27 (a-5) This subsection (a-5) is applicable on and after 28 January 1, 1996. A penalty equal to 2% of the tax required to 29 be shown due on a return, up to a maximum amount of $250, 30 determined without regard to any part of the tax that is paid 31 on time or by any credit that was properly allowable on the 32 date the return was required to be filed, shall be imposed HB0236 Engrossed -536- LRB9100031DJcdA 1 for failure to file the tax return on or before the due date 2 prescribed for filing determined with regard for any 3 extension of time for filing. However, if any return is not 4 filed within 30 days after notice of nonfiling mailed by the 5 Department to the last known address of the taxpayer 6 contained in Department records, an additional penalty amount 7 shall be imposed equal to the greater of $250 or 2% of the 8 tax shown on the return. However, the additional penalty 9 amount may not exceed $5,000 and is determined without regard 10 to any part of the tax that is paid on time or by any credit 11 that was properly allowable on the date the return was 12 required to be filed (penalty for late filing or nonfiling). 13 If any unprocessable return is corrected and filed within 30 14 days after notice by the Department, the late filing or 15 nonfiling penalty shall not apply. If a penalty for late 16 filing or nonfiling is imposed in addition to a penalty for 17 late payment, the total penalty due shall be the sum of the 18 late filing penalty and the applicable late payment penalty. 19 In the case of any type of tax return required to be filed 20 more frequently than annually, when the failure to file the 21 tax return on or before the date prescribed for filing 22 (including any extensions) is shown to be nonfraudulent and 23 has not occurred in the 2 years immediately preceding the 24 failure to file on the prescribed due date, the penalty 25 imposed by section 3-3(a) shall be abated. 26 (b) This subsection is applicable before January 1, 27 1998. A penalty of 15% of the tax shown on the return or the 28 tax required to be shown due on the return shall be imposed 29 for failure to pay: 30 (1) the tax shown due on the return on or before 31 the due date prescribed for payment of that tax, an 32 amount of underpayment of estimated tax, or an amount 33 that is reported in an amended return other than an 34 amended return timely filed as required by subsection (b) HB0236 Engrossed -537- LRB9100031DJcdA 1 of Section 506 of the Illinois Income Tax Act (penalty 2 for late payment or nonpayment of admitted liability); or 3 (2) the full amount of any tax required to be shown 4 due on a return and which is not shown (penalty for late 5 payment or nonpayment of additional liability), within 30 6 days after a notice of arithmetic error, notice and 7 demand, or a final assessment is issued by the 8 Department. In the case of a final assessment arising 9 following a protest and hearing, the 30-day period shall 10 not begin until all proceedings in court for review of 11 the final assessment have terminated or the period for 12 obtaining a review has expired without proceedings for a 13 review having been instituted. In the case of a notice 14 of tax liability that becomes a final assessment without 15 a protest and hearing, the penalty provided in this 16 paragraph (2) shall be imposed at the expiration of the 17 period provided for the filing of a protest. 18 (b-5) This subsection is applicable on and after January 19 1, 1998. A penalty of 20% of the tax shown on the return or 20 the tax required to be shown due on the return shall be 21 imposed for failure to pay: 22 (1) the tax shown due on the return on or before 23 the due date prescribed for payment of that tax, an 24 amount of underpayment of estimated tax, or an amount 25 that is reported in an amended return other than an 26 amended return timely filed as required by subsection (b) 27 of Section 506 of the Illinois Income Tax Act (penalty 28 for late payment or nonpayment of admitted liability); or 29 (2) the full amount of any tax required to be shown 30 due on a return and which is not shown (penalty for late 31 payment or nonpayment of additional liability), within 30 32 days after a notice of arithmetic error, notice and 33 demand, or a final assessment is issued by the 34 Department. In the case of a final assessment arising HB0236 Engrossed -538- LRB9100031DJcdA 1 following a protest and hearing, the 30-day period shall 2 not begin until all proceedings in court for review of 3 the final assessment have terminated or the period for 4 obtaining a review has expired without proceedings for a 5 review having been instituted. In the case of a notice 6 of tax liability that becomes a final assessment without 7 a protest and hearing, the penalty provided in this 8 paragraph (2) shall be imposed at the expiration of the 9 period provided for the filing of a protest. 10 (c) For purposes of the late payment penalties, the 11 basis of the penalty shall be the tax shown or required to be 12 shown on a return, whichever is applicable, reduced by any 13 part of the tax which is paid on time and by any credit which 14 was properly allowable on the date the return was required to 15 be filed. 16 (d) A penalty shall be applied to the tax required to be 17 shown even if that amount is less than the tax shown on the 18 return. 19 (e) If both a subsection (b)(1) penalty and a subsection 20 (b)(2) penalty are assessed against the same return, the 21 subsection (b)(2) penalty shall be assessed against only the 22 additional tax found to be due. 23 (f) If the taxpayer has failed to file the return, the 24 Department shall determine the correct tax according to its 25 best judgment and information, which amount shall be prima 26 facie evidence of the correctness of the tax due. 27 (g) The time within which to file a return or pay an 28 amount of tax due without imposition of a penalty does not 29 extend the time within which to file a protest to a notice of 30 tax liability or a notice of deficiency. 31 (h) No return shall be determined to be unprocessable 32 because of the omission of any information requested on the 33 return pursuant to Section 2505-57539b53of the Department 34 of Revenue Law (20 ILCS 2505/2505-575)Civil AdministrativeHB0236 Engrossed -539- LRB9100031DJcdA 1Code of Illinois. 2 (Source: P.A. 89-379, eff. 8-18-95; 89-436, eff. 1-1-96; 3 90-491, eff. 1-1-98; 90-548, eff. 12-4-97.) 4 Section 5-230. The Interstate Mining Compact Act is 5 amended by changing Section 2 as follows: 6 (45 ILCS 50/2) (from Ch. 96 1/2, par. 4712) 7 Sec. 2. The State mining board established by Section 8 5-1555.04of"the Departments of State Government Law (20 9 ILCS 5/5-155)Civil Administrative Code of Illinois",10approved March 7, 1917, as amended,is designated the 11 advisory body referred to in Article V (a) of the Interstate 12 Mining Compact. No member of the Board shall receive any 13 compensation on account of duties established by this Act, 14 but any such member shall be entitled to reimbursement for 15 expenses actually incurred by him in connection with his 16 service as the Governor's alternate on the Interstate Mining 17 Commission. 18 (Source: P.A. 79-231.) 19 Section 5-235. The Industrial Building Revenue Bond Act 20 is amended by changing Section 2 as follows: 21 (50 ILCS 445/2) (from Ch. 85, par. 872) 22 Sec. 2. Definitions. In this Act, unless a different 23 meaning clearly appears from the context: 24 (a) "Authority" means any county, county public building 25 commission in a county bordered by the Mississippi River and 26 having a population greater than 260,000, municipality, or 27 airport authority or port district in this State. "Authority" 28 also means a river conservancy district wholly contained 29 within 2 counties, in which district there are at least 3 30 municipalities each having a population of 5,000 or more HB0236 Engrossed -540- LRB9100031DJcdA 1 within the district. 2 (b) "Industrial project" means any (1) capital project, 3 comprising of one or more buildings and other structures, 4 improvements, machinery and equipment, whether or not on the 5 same site or sites now existing or hereafter acquired, 6 suitable for use by any manufacturing, industrial, research, 7 transportation or commercial enterprise, including but not 8 limited to, use as a factory, mill, processing plant, 9 assembly plant, packaging plant, fabricating plant, office 10 building, industrial distribution center, warehouse, repair, 11 overhaul or service facility, freight terminal, research 12 facility, test facility, railroad facility, commercial 13 facility, and including also the sites thereof and other 14 rights in land therefor whether improved or unimproved, site 15 preparation and landscaping, and all appurtenances and 16 facilities incidental thereto such as utilities, access 17 roads, railroad sidings, truck docking and similar 18 facilities, parking facilities, dockage, wharfage, railroad 19 roadbed, track, trestle, depot, terminal, switching and 20 signaling equipment or related equipment, and other 21 improvements necessary or convenient thereto; (2) any land, 22 buildings, machinery or equipment comprising an addition to 23 or renovation, rehabilitation or improvement of any existing 24 capital project; (3) construction, remodeling or conversion 25 of a structure to be leased to the Illinois Department of 26 Corrections for the purposes of its serving as a correctional 27 institution or facility pursuant to paragraph (c) of Section 28 3-2-2 of the Unified Code of Corrections; or (4) 29 construction, remodeling or conversion of a structure to be 30 leased to the Department of Central Management Services for 31 the purpose of serving as a State facility pursuant to 32 Section 405-32067.25of the Department of Central Management 33 Services Law (20 ILCS 405/405-320)Civil Administrative Code34of Illinois. HB0236 Engrossed -541- LRB9100031DJcdA 1 (Source: P.A. 87-244.) 2 Section 5-240. The Illinois Municipal Code is amended by 3 changing Sections 10-2.1-6.2, 11-4-4, and 11-74-2 as follows: 4 (65 ILCS 5/10-2.1-6.2) (from Ch. 24, par. 10-2.1-6.2) 5 Sec. 10-2.1-6.2. Whenever the Board of Fire and Police 6 Commissioners is authorized or required by law to consider 7 some aspect of criminal history record information for the 8 purpose of carrying out its statutory powers and 9 responsibilities, then, upon request and payment of fees in 10 conformance with the requirements ofsubsection 22 ofSection 11 2605-40055aof"the Department of State Police Law (20 ILCS 12 2605/2605-400)Civil Administrative Code of Illinois", the 13 Department of State Police is authorized to furnish, pursuant 14 to positive identification, such information contained in 15 State files as is necessary to fulfill the request. 16 (Source: P.A. 86-610.) 17 (65 ILCS 5/11-4-4) (from Ch. 24, par. 11-4-4) 18 Sec. 11-4-4. 19 The board of inspectors shall serve without fee or 20 compensation. It shall be their duty to assure that the house 21 of correction is operated in accordance with the minimum 22 standards established by the Department of Corrections 23 pursuant to Section 3-15-2 of the Unified Code of Corrections 24Section 55a of "The Civil Administrative Code of Illinois",25approved March 7, 1917, as now or hereafter amended. There 26 shall be a meeting of the entire board, at the house of 27 correction, once every 3 months. At such meeting the board 28 shall fully examine into the management in every department, 29 hear and determine all complaints or questions not within the 30 province of the superintendent to determine, and make such 31 further rules and regulations for the good government of the HB0236 Engrossed -542- LRB9100031DJcdA 1 house of correction as to them shall seem proper and 2 necessary. One of the appointed inspectors shall visit the 3 house of correction at least once in each month. All rules, 4 regulations or other orders of the board shall be recorded in 5 a book to be kept for that purpose, which shall be deemed a 6 public record, and, with the other books and records of the 7 house of correction, shall be at all times subject to the 8 examination of any member or committee of the corporate 9 authorities, the comptroller, treasurer, corporation counsel 10 or attorney of any such city. 11 (Source: P.A. 77-869.) 12 (65 ILCS 5/11-74-2) (from Ch. 24, par. 11-74-2) 13 Sec. 11-74-2. Whenever used in this Division 74, unless a 14 different meaning clearly appears from the context: 15 (1) "Industrial project" means any (a) capital project, 16 including one or more buildings and other structures, 17 improvements, machinery and equipment whether or not on the 18 same site or sites now existing or hereafter acquired, 19 suitable for use by any manufacturing, industrial, research, 20 transportation or commercial enterprise, including but not 21 limited to use as a factory, mill, processing plant, assembly 22 plant, packaging plant, fabricating plant, office building, 23 industrial distribution center, warehouse, repair, overhaul 24 or service facility, freight terminal, research facility, 25 test facility, railroad facility, or commercial facility, and 26 including also the sites thereof and other rights in land 27 therefor whether improved or unimproved, site preparation and 28 landscaping, and all appurtenances and facilities incidental 29 thereto such as utilities, access roads, railroad sidings, 30 truck docking and similar facilities, parking facilities, 31 dockage, wharfage, and other improvements necessary or 32 convenient thereto; or (b) land, buildings, machinery or 33 equipment comprising an addition to or renovation, HB0236 Engrossed -543- LRB9100031DJcdA 1 rehabilitation or improvement of any existing capital 2 project; (c) construction, remodeling or conversion of a 3 structure to be leased to the Illinois Department of 4 Corrections for the purposes of its serving as a correctional 5 institution or facility pursuant to paragraph (c) of Section 6 3-2-2 of the Unified Code of Corrections; or (d) 7 construction, remodeling or conversion of a structure to be 8 leased to the Department of Central Management Services for 9 the purpose of serving as a State facility pursuant to 10 Section 405-32067.25of the Department of Central Management 11 Services Law (20 ILCS 405/405-320)Civil Administrative Code12of Illinois. 13 (2) "Municipality" includes any city, village or 14 incorporated town in this State. 15 (Source: P.A. 90-655, eff. 7-30-98.) 16 Section 5-245. The Illinois Medical District Act is 17 amended by changing Sections 4 and 5b as follows: 18 (70 ILCS 915/4) (from Ch. 111 1/2, par. 5005) 19 Sec. 4. The Commission may, in its corporate capacity, 20 construct or cause or permit to be constructed in such 21 District, hospitals, sanitariums, clinics, laboratories, or 22 any other institution, building or structure or other 23 ancillary or related facilities which the Commission may, 24 from time to time, determine are established and operated for 25 the carrying out of any aspect of the Commission's purpose as 26 set forth in this Act, or are established and operated for 27 the study, diagnosis, and treatment of human ailments and 28 injuries, whether physical or mental, or to promote medical, 29 surgical, and scientific research and knowledge, or for any 30 uses the Commission shall determine will support and nurture 31 facilities, and uses permitted by this Act, or for such 32 nursing, extended care, or other facilities as the Commission HB0236 Engrossed -544- LRB9100031DJcdA 1 shall find useful in the study of, research in, or treatment 2 of illnesses or infirmities peculiar to aged people, after a 3 public hearing to be held by any Commissioner or other person 4 authorized by the Commission to conduct the same, which 5 Commissioner or other person shall have the power to 6 administer oaths and affirmations and take the testimony of 7 witnesses and receive such documentary evidence as shall be 8 pertinent, the record of which hearing he shall certify to 9 the Commission, which record shall become part of the records 10 of the Commission, notice of the time, place, and purpose of 11 such hearings to be given by a single publication notice in a 12 secular newspaper of general circulation in the city of 13 Chicago at least ten days prior to the date of such hearing, 14 or for such institutions as shall engage in the training, 15 education, or rehabilitation of persons who by reason of 16 illness or physical infirmity are wholly or partially 17 deprived of their powers of vision or hearing or of the use 18 of such other part or parts of their bodies as prevent them 19 from pursuing normal activities of life, or office buildings 20 for physicians or dealers in medical accessories, or 21 dormitories, homes or residences for the medical profession, 22 including interns, nurses, students or other officers or 23 employees of the institutions within the District, or for the 24 use of relatives of patients in the hospitals or other 25 institutions within the District, or for the rehabilitation 26 or establishment of residential structures within a currently 27 effective historic district properly designated under a 28 federal statute or a State or local statute that has been 29 certified by the Secretary of the Interior to the Secretary 30 of the Treasury as containing criteria which will 31 substantially achieve the purpose of preserving and 32 rehabilitating buildings of historic significance to the 33 district, or in the area of such District located west of 34 South Damen Avenue and north of West Polk Street, commonly HB0236 Engrossed -545- LRB9100031DJcdA 1 known as the Chicago Technology Park or such other areas of 2 the District as the Commission shall designate, for research, 3 development and resultant production, in any of the fields of 4 medicine, chemistry, pharmaceuticals, physics and genetically 5 engineered products, for biotechnology, information 6 technology, medical technology, or environmental technology, 7 or for the research and development of engineering or for 8 computer technology related to any of the purposes for which 9 the Commission may construct structures and improvements 10 within the District. All such structures and improvements 11 shall be erected and constructed in accordance withSection1249 of the Civil Administrative Code of Illinois, andthe 13 Illinois Purchasing Act, to the same extent as if the 14 Commission were a Code Department. The Commission shall 15 administer and exercise ultimate authority with respect to 16 the development and operation of the Chicago Technology Park, 17 and any extensions or expansion thereof. In addition, the 18 Commission may create a development area within the area of 19 the District located south of Roosevelt Road, called the 20 District Development Area in this Act. Within the District 21 Development Area the Commission may cause to be acquired or 22 constructed commercial and other types of development, public 23 and private, if the Commission determines that the commercial 24 developments are ancillary to and necessary for the support 25 of facilities within the District and any other purposes of 26 the District, after a public hearing held by a commissioner 27 or the person authorized by the Commission to conduct the 28 hearing. The Commissioner or other authorized persons shall 29 have the power to administer oaths and affirmations, take the 30 testimony of witnesses, receive pertinent evidence, and 31 certify the record of the hearing to the Commission. The 32 record of the hearing shall become part of the Commissions 33 records. Notice of the time, place, and purpose of the 34 hearing shall be given by a single publication notice in a HB0236 Engrossed -546- LRB9100031DJcdA 1 secular newspaper of general circulation in the City of 2 Chicago at least 10 days before the date of the hearing. In 3 addition to the powers set forth above, the Commission may 4 sell, lease, develop, operate, and manage for any person, 5 firm, partnership, or corporation, either public or private, 6 all or any part of the land, buildings, facilities, 7 equipment, or other property included in the District 8 Development Area and any medical research and high technology 9 park or the designated commercial development area upon the 10 terms and conditions the Commission may deem advisable, and 11 may enter into any contract or agreement with any person, 12 firm, partnership, or corporation, either public or private, 13 or any combination of the foregoing, as may be necessary or 14 suitable for the creation, marketing, development, 15 construction, reconstruction, rehabilitation, financing, 16 operation and maintenance, and management of the District 17 Development Area and any technology park or designated 18 commercial development area; and may sell or lease to any 19 person, firm, partnership, or corporation, either public or 20 private, any part or all of the land, building, facilities, 21 equipment, or other property of the park or the designated 22 commercial development area upon the rentals, terms, and 23 conditions as the Commission may deem advisable; and may 24 finance all or part of the cost of the Commission's 25 development and operation of the District Development Area as 26 well as any park or the designated commercial development 27 area, including the creation, marketing, development, 28 purchase, lease, construction, reconstruction, 29 rehabilitation, improvement, remodeling, addition to, 30 extension, and maintenance of all or part of the high 31 technology park or the designated commercial development 32 area, and all equipment and furnishings, by legislative 33 appropriations, government grants, contracts, private gifts, 34 loans, bonds, receipts from the sale or lease of land for the HB0236 Engrossed -547- LRB9100031DJcdA 1 operation of the District and any high technology park or the 2 designated commercial development area, rentals, and similar 3 receipts or other sources of revenue legally available for 4 these purposes. The Commission also may defray the expenses 5 of the operation of the District Development Area and 6 technology park, improvements to the District Development 7 Area and technology park, provision of shared services, 8 common facilities and common area expenses, benefiting owners 9 and occupants of property within the District Development 10 Area and the technology park by general assessment, special 11 assessment, or the imposition of service or user fees. As to 12 the entities eligible to be members of the advisory District 13 Member Council, such assessments or impositions may be 14 undertaken only with District Member Council consent as 15 provided in Section 8. For a period of 6 years after July 1, 16 1995, the Commission may acquire any real and personal 17 property within the Development Area of the District by 18 immediate vesting of title, commonly referred to as 19 "quick-take", pursuant to Sections 7-103 through 7-112 of the 20 Code of Civil Procedure. 21 (Source: P.A. 89-356, eff. 8-17-95.) 22 (70 ILCS 915/5b) (from Ch. 111 1/2, par. 5008) 23 Sec. 5b. The Department of Central Management Services 24 shall exercise the same powers in regard to the Commission as 25 it exercises for Code Departments under Section 405-1535.426 of the Department of Central Management Services Law (20 ILCS 27 405/405-15)Civil Administrative Code of Illinois. 28 (Source: P.A. 89-356, eff. 8-17-95.) 29 Section 5-250. The Regional Transportation Authority Act 30 is amended by changing Sections 4.01, 4.09, and 4.11 as 31 follows: HB0236 Engrossed -548- LRB9100031DJcdA 1 (70 ILCS 3615/4.01) (from Ch. 111 2/3, par. 704.01) 2 Sec. 4.01. Budget and Program. 3 (a) The Board shall control the finances of the 4 Authority. It shall by ordinance appropriate money to perform 5 the Authority's purposes and provide for payment of debts and 6 expenses of the Authority. Each year the Authority shall 7 prepare and publish a comprehensive annual budget and program 8 document describing the state of the Authority and presenting 9 for the forthcoming fiscal year the Authority's plans for 10 such operations and capital expenditures as the Authority 11 intends to undertake and the means by which it intends to 12 finance them. The proposed program and budget shall contain a 13 statement of the funds estimated to be on hand at the 14 beginning of the fiscal year, the funds estimated to be 15 received from all sources for such year and the funds 16 estimated to be on hand at the end of such year. After 17 adoption of the Authority's first Five-Year Program, as 18 provided in Section 2.01 of this Act, the proposed program 19 and budget shall specifically identify any respect in which 20 the recommended program deviates from the Authority's then 21 existing Five-Year Program, giving the reasons for such 22 deviation. The fiscal year of the Authority shall begin on 23 January 1st and end on the succeeding December 31st except 24 that the fiscal year that began October 1, 1982, shall end 25 December 31, 1983. By July 1st 1981 and July 1st of each 26 year thereafter the Director of the Illinois Bureau of the 27 Budget shall submit to the Authority an estimate of revenues 28 for the next fiscal year to be collected from the taxes 29 imposed by the Authority and the amounts to be available in 30 the Public Transportation Fund and the Regional 31 Transportation Authority Occupation and Use Tax Replacement 32 Fund. For the fiscal year ending on December 31, 1983, the 33 Board shall report its results from operations and financial 34 condition to the General Assembly and the Governor by January HB0236 Engrossed -549- LRB9100031DJcdA 1 31. For the fiscal year beginning January 1, 1984, and 2 thereafter, the budget and program shall be presented to the 3 General Assembly and the Governor not later than the 4 preceding December 31st. Before the proposed budget and 5 program is adopted, the Authority shall hold at least one 6 public hearing thereon in the metropolitan region. The Board 7 shall hold at least one meeting for consideration of the 8 proposed program and budget with the county board of each of 9 the several counties in the metropolitan region. After 10 conducting such hearings and holding such meetings and after 11 making such changes in the proposed program and budget as the 12 Board deems appropriate, the Board shall adopt its annual 13 budget ordinance. The ordinance may be adopted only upon the 14 affirmative votes of 9 of its then Directors. The ordinance 15 shall appropriate such sums of money as are deemed necessary 16 to defray all necessary expenses and obligations of the 17 Authority, specifying purposes and the objects or programs 18 for which appropriations are made and the amount appropriated 19 for each object or program. Additional appropriations, 20 transfers between items and other changes in such ordinance 21 may be made from time to time by the Board upon the 22 affirmative votes of 9 of its then Directors. 23 (b) The budget shall show a balance between anticipated 24 revenues from all sources and anticipated expenses including 25 funding of operating deficits or the discharge of 26 encumbrances incurred in prior periods and payment of 27 principal and interest when due, and shall show cash balances 28 sufficient to pay with reasonable promptness all obligations 29 and expenses as incurred. 30 The annual budget and financial plan must show that the 31 level of fares and charges for mass transportation provided 32 by, or under grant or purchase of service contracts of, the 33 Service Boards is sufficient to cause the aggregate of all 34 projected fare revenues from such fares and charges received HB0236 Engrossed -550- LRB9100031DJcdA 1 in each fiscal year to equal at least 50% of the aggregate 2 costs of providing such public transportation in such fiscal 3 year. "Fare revenues" include the proceeds of all fares and 4 charges for services provided, contributions received in 5 connection with public transportation from units of local 6 government other than the Authority and from the State 7 pursuant to subsection (i)(9)of Section 2705-30549.19of 8 the Department of Transportation Law (20 ILCS 2705/2705-305) 9Civil Administrative Code of Illinois, and all other 10 operating revenues properly included consistent with 11 generally accepted accounting principles but do not include 12 the proceeds of any borrowings. "Costs" include all items 13 properly included as operating costs consistent with 14 generally accepted accounting principles, including 15 administrative costs, but do not include: depreciation; 16 payment of principal and interest on bonds, notes or other 17 evidences of obligation for borrowed money issued by the 18 Authority; payments with respect to public transportation 19 facilities made pursuant to subsection (b) of Section 2.20 of 20 this Act; any payments with respect to rate protection 21 contracts, credit enhancements or liquidity agreements made 22 under Section 4.14; any other cost to which it is reasonably 23 expected that a cash expenditure will not be made; costs up 24 to $5,000,000 annually for passenger security including 25 grants, contracts, personnel, equipment and administrative 26 expenses, except in the case of the Chicago Transit 27 Authority, in which case the term does not include costs 28 spent annually by that entity for protection against crime as 29 required by Section 27a of the Metropolitan Transit Authority 30 Act; or costs as exempted by the Board for projects pursuant 31 to Section 2.09 of this Act. 32 (c) The actual administrative expenses of the Authority 33 for the fiscal year commencing January 1, 1985 may not exceed 34 $5,000,000. The actual administrative expenses of the HB0236 Engrossed -551- LRB9100031DJcdA 1 Authority for the fiscal year commencing January 1, 1986, and 2 for each fiscal year thereafter shall not exceed the maximum 3 administrative expenses for the previous fiscal year plus 5%. 4 "Administrative expenses" are defined for purposes of this 5 Section as all expenses except: (1) capital expenses and 6 purchases of the Authority on behalf of the Service Boards; 7 (2) payments to Service Boards; and (3) payment of principal 8 and interest on bonds, notes or other evidence of obligation 9 for borrowed money issued by the Authority; (4) costs for 10 passenger security including grants, contracts, personnel, 11 equipment and administrative expenses; (5) payments with 12 respect to public transportation facilities made pursuant to 13 subsection (b) of Section 2.20 of this Act; and (6) any 14 payments with respect to rate protection contracts, credit 15 enhancements or liquidity agreements made pursuant to Section 16 4.14. 17 (d) After withholding 15% of the proceeds of any tax 18 imposed by the Authority and 15% of money received by the 19 Authority from the Regional Transportation Authority 20 Occupation and Use Tax Replacement Fund, the Board shall 21 allocate the proceeds and money remaining to the Service 22 Boards as follows: (1) an amount equal to 85% of the proceeds 23 of those taxes collected within the City of Chicago and 85% 24 of the money received by the Authority on account of 25 transfers to the Regional Transportation Authority Occupation 26 and Use Tax Replacement Fund from the County and Mass Transit 27 District Fund attributable to retail sales within the City of 28 Chicago shall be allocated to the Chicago Transit Authority; 29 (2) an amount equal to 85% of the proceeds of those taxes 30 collected within Cook County outside the City of Chicago and 31 85% of the money received by the Authority on account of 32 transfers to the Regional Transportation Authority Occupation 33 and Use Tax Replacement Fund from the County and Mass Transit 34 District Fund attributable to retail sales within Cook County HB0236 Engrossed -552- LRB9100031DJcdA 1 outside of the city of Chicago shall be allocated 30% to the 2 Chicago Transit Authority, 55% to the Commuter Rail Board and 3 15% to the Suburban Bus Board; and (3) an amount equal to 85% 4 of the proceeds of the taxes collected within the Counties of 5 DuPage, Kane, Lake, McHenry and Will shall be allocated 70% 6 to the Commuter Rail Board and 30% to the Suburban Bus Board. 7 (e) Moneys received by the Authority on account of 8 transfers to the Regional Transportation Authority Occupation 9 and Use Tax Replacement Fund from the State and Local Sales 10 Tax Reform Fund shall be allocated among the Authority and 11 the Service Boards as follows: 15% of such moneys shall be 12 retained by the Authority and the remaining 85% shall be 13 transferred to the Service Boards as soon as may be 14 practicable after the Authority receives payment. Moneys 15 which are distributable to the Service Boards pursuant to the 16 preceding sentence shall be allocated among the Service 17 Boards on the basis of each Service Board's distribution 18 ratio. The term "distribution ratio" means, for purposes of 19 this subsection (e) of this Section 4.01, the ratio of the 20 total amount distributed to a Service Board pursuant to 21 subsection (d) of Section 4.01 for the immediately preceding 22 calendar year to the total amount distributed to all of the 23 Service Boards pursuant to subsection (d) of Section 4.01 for 24 the immediately preceding calendar year. 25 To further and accomplish the preparation of the annual 26 budget and program as well as the Five-Year Program provided 27 for in Section 2.01 of this Act and to make such interim 28 management decisions as may be necessary, the Board shall 29 employ staff which shall: (1) evaluate for the Board public 30 transportation programs operated or proposed by 31 transportation agencies in terms of goals, costs and relative 32 priorities; (2) keep the Board informed of the public 33 transportation programs and accomplishments of such 34 transportation agencies; and (3) coordinate the development HB0236 Engrossed -553- LRB9100031DJcdA 1 and implementation of public transportation programs to the 2 end that the monies available to the Authority may be 3 expended in the most economical manner possible with the 4 least possible duplication. Under such regulations as the 5 Board may prescribe, all Service Boards, transportation 6 agencies, comprehensive planning agencies or transportation 7 planning agencies in the metropolitan region shall furnish to 8 the Board such information pertaining to public 9 transportation or relevant for plans therefor as it may from 10 time to time require, upon payment to any such agency or 11 Service Board of the reasonable additional cost of its so 12 providing such information except as may otherwise be 13 provided by agreement with the Authority, and the Board or 14 any duly authorized employee of the Board shall, for the 15 purpose of securing such information, have access to, and the 16 right to examine, all books, documents, papers or records of 17 any such agency or Service Board pertaining to public 18 transportation or relevant for plans therefor. 19 (Source: P.A. 86-16; 86-463; 86-928; 86-1028; 87-764.) 20 (70 ILCS 3615/4.09) (from Ch. 111 2/3, par. 704.09) 21 Sec. 4.09. Public Transportation Fund and the Regional 22 Transportation Authority Occupation and Use Tax Replacement 23 Fund. 24 (a) As soon as possible after the first day of each 25 month, beginning November 1, 1983, the Comptroller shall 26 order transferred and the Treasurer shall transfer from the 27 General Revenue Fund to a special fund in the State Treasury, 28 to be known as the "Public Transportation Fund" $9,375,000 29 for each month remaining in State fiscal year 1984. As soon 30 as possible after the first day of each month, beginning July 31 1, 1984, upon certification of the Department of Revenue, the 32 Comptroller shall order transferred and the Treasurer shall 33 transfer from the General Revenue Fund to the Public HB0236 Engrossed -554- LRB9100031DJcdA 1 Transportation Fund an amount equal to 25% of the net 2 revenue, before the deduction of the serviceman and retailer 3 discounts pursuant to Section 9 of the Service Occupation Tax 4 Act and Section 3 of the Retailers' Occupation Tax Act, 5 realized from any tax imposed by the Authority pursuant to 6 Sections 4.03 and 4.03.1 and 25% of the amounts deposited 7 into the Regional Transportation Authority tax fund created 8 by Section 4.03 of this Act, from the County and Mass Transit 9 District Fund as provided in Section 6z-20 of the State 10 Finance Act and 25% of the amounts deposited into the 11 Regional Transportation Authority Occupation and Use Tax 12 Replacement Fund from the State and Local Sales Tax Reform 13 Fund as provided in Section 6z-17 of the State Finance Act. 14 Net revenue realized for a month shall be the revenue 15 collected by the State pursuant to Sections 4.03 and 4.03.1 16 during the previous month from within the metropolitan 17 region, less the amount paid out during that same month as 18 refunds to taxpayers for overpayment of liability in the 19 metropolitan region under Sections 4.03 and 4.03.1. 20 (b) (1) All moneys deposited in the Public 21 Transportation Fund and the Regional Transportation 22 Authority Occupation and Use Tax Replacement Fund, 23 whether deposited pursuant to this Section or otherwise, 24 are allocated to the Authority. Pursuant to 25 appropriation, the Comptroller, as soon as possible after 26 each monthly transfer provided in this Section and after 27 each deposit into the Public Transportation Fund, shall 28 order the Treasurer to pay to the Authority out of the 29 Public Transportation Fund the amount so transferred or 30 deposited. Such amounts paid to the Authority may be 31 expended by it for its purposes as provided in this Act. 32 Subject to appropriation to the Department of 33 Revenue, the Comptroller, as soon as possible after each 34 deposit into the Regional Transportation Authority HB0236 Engrossed -555- LRB9100031DJcdA 1 Occupation and Use Tax Replacement Fund provided in this 2 Section and Section 6z-17 of the State Finance Act, shall 3 order the Treasurer to pay to the Authority out of the 4 Regional Transportation Authority Occupation and Use Tax 5 Replacement Fund the amount so deposited. Such amounts 6 paid to the Authority may be expended by it for its 7 purposes as provided in this Act. 8 (2) Provided, however, no moneys deposited under 9 subsection (a) of Section 4.09 shall be paid from the 10 Public Transportation Fund to the Authority for any 11 fiscal year beginning after the effective date of this 12 amendatory Act of 1983 until the Authority has certified 13 to the Governor, the Comptroller, and the Mayor of the 14 City of Chicago that it has adopted for that fiscal year 15 a budget and financial plan meeting the requirements in 16 Section 4.01(b). 17 (c) In recognition of the efforts of the Authority to 18 enhance the mass transportation facilities under its control, 19 the State shall provide financial assistance ("Additional 20 State Assistance") in excess of the amounts transferred to 21 the Authority from the General Revenue Fund under subsection 22 (a) of this Section. Additional State Assistance provided in 23 any State fiscal year shall not exceed the actual debt 24 service payable by the Authority during that State fiscal 25 year on bonds or notes issued to finance Strategic Capital 26 Improvement Projects under Section 4.04 of this Act. 27 Additional State Assistance shall in no event exceed the 28 following specified amounts with respect to the following 29 State fiscal years: 30 1990 $5,000,000; 31 1991 $5,000,000; 32 1992 $10,000,000; 33 1993 $10,000,000; 34 1994 $20,000,000; HB0236 Engrossed -556- LRB9100031DJcdA 1 1995 $30,000,000; 2 1996 $40,000,000; 3 1997 $50,000,000; 4 1998 $55,000,000; and 5 each year thereafter $55,000,000. 6 (d) Beginning with State fiscal year 1990 and continuing 7 for each State fiscal year thereafter, the Authority shall 8 annually certify to the State Comptroller and State Treasurer 9 (1) the amount necessary and required, during the State 10 fiscal year with respect to which the certification is made, 11 to pay its obligations for debt service on all outstanding 12 bonds or notes for Strategic Capital Improvement Projects 13 issued by the Authority under Section 4.04 of this Act and 14 (2) an estimate of the amount necessary and required to pay 15 its obligations for debt service for any bonds or notes for 16 Strategic Capital Improvement Projects which the Authority 17 anticipates it will issue during that State fiscal year. The 18 certification shall include a specific schedule of debt 19 service payments, including the date and amount of each 20 payment for all outstanding bonds or notes and an estimated 21 schedule of anticipated debt service for all bonds and notes 22 it intends to issue, if any, during that State fiscal year, 23 including the estimated date and estimated amount of each 24 payment. Immediately, upon the issuance of bonds for which 25 an estimated schedule of debt service payments was prepared, 26 the Authority shall file an amended certification to specify 27 the actual schedule of debt service payments, including the 28 date and amount of each payment, for the remainder of the 29 State fiscal year. On the first day of each month of the 30 State fiscal year in which there are bonds outstanding with 31 respect to which the certification is made, the State 32 Comptroller shall order transferred and the State Treasurer 33 shall transfer from the General Revenue Fund to the Public 34 Transportation Fund the Additional State Assistance in an HB0236 Engrossed -557- LRB9100031DJcdA 1 amount equal to the aggregate of (1) one-twelfth of the 2 amount required to pay debt service on bonds and notes issued 3 before the beginning of the State fiscal year and (2) the 4 amount required to pay debt service on bonds and notes issued 5 during the fiscal year, if any, divided by the number of 6 months remaining in the fiscal year after the date of 7 issuance, or some smaller portion as may be necessary, listed 8 in subsection (c) for the relevant State fiscal year, plus 9 any cumulative deficiencies in transfers for prior months, 10 until an amount equal to the certified debt service for that 11 State fiscal year on outstanding bonds or notes for Strategic 12 Capital Improvement Projects issued by the Authority under 13 Section 4.04 of this Act has been transferred. In no event 14 shall total transfers in any State fiscal year exceed the 15 lesser of the annual amounts specified in subsection (c) or 16 the total certified debt service on outstanding bonds or 17 notes for Strategic Capital Improvement Projects issued by 18 the Authority under Section 4.04 of this Act. 19 (e) Additional State Assistance may not be pledged, 20 either directly or indirectly as general revenues of the 21 Authority, as security for any bonds issued by the Authority. 22 The Authority may not assign its right to receive Additional 23 State Assistance or direct payment of Additional State 24 Assistance to a trustee or any other entity for the payment 25 of debt service on its bonds. 26 (f) The certification required under subsection (d) with 27 respect to outstanding bonds and notes of the Authority shall 28 be filed as early as practicable before the beginning of the 29 State fiscal year to which it relates. The certification 30 shall be revised as may be necessary to accurately state the 31 debt service requirements of the Authority. 32 (g) Within 6 months of the end of the 3 month period 33 ending December 31, 1983, and each fiscal year thereafter, 34 the Authority shall determine whether the aggregate of all HB0236 Engrossed -558- LRB9100031DJcdA 1 system generated revenues for public transportation in the 2 metropolitan region which is provided by, or under grant or 3 purchase of service contracts with, the Service Boards equals 4 50% of the aggregate of all costs of providing such public 5 transportation. "System generated revenues" include all the 6 proceeds of fares and charges for services provided, 7 contributions received in connection with public 8 transportation from units of local government other than the 9 Authority and from the State pursuant to subsection (i)(9)10 of Section 2705-30549.19of the Department of Transportation 11 Law (20 ILCS 2705/2705-305)Civil Administrative Code of12Illinois, and all other revenues properly included consistent 13 with generally accepted accounting principles but may not 14 include the proceeds from any borrowing. "Costs" include all 15 items properly included as operating costs consistent with 16 generally accepted accounting principles, including 17 administrative costs, but do not include: depreciation; 18 payment of principal and interest on bonds, notes or other 19 evidences of obligations for borrowed money of the Authority; 20 payments with respect to public transportation facilities 21 made pursuant to subsection (b) of Section 2-20; any payments 22 with respect to rate protection contracts, credit 23 enhancements or liquidity agreements made under Section 4.14; 24 any other cost as to which it is reasonably expected that a 25 cash expenditure will not be made; costs up to $5,000,000 26 annually for passenger security including grants, contracts, 27 personnel, equipment and administrative expenses, except in 28 the case of the Chicago Transit Authority, in which case the 29 term does not include costs spent annually by that entity for 30 protection against crime as required by Section 27a of the 31 Metropolitan Transit Authority Act; or costs as exempted by 32 the Board for projects pursuant to Section 2.09 of this Act. 33 If said system generated revenues are less than 50% of said 34 costs, the Board shall remit an amount equal to the amount of HB0236 Engrossed -559- LRB9100031DJcdA 1 the deficit to the State. The Treasurer shall deposit any 2 such payment in the General Revenue Fund. 3 (h) If the Authority makes any payment to the State 4 under paragraph (g), the Authority shall reduce the amount 5 provided to a Service Board from funds transferred under 6 paragraph (a) in proportion to the amount by which that 7 Service Board failed to meet its required system generated 8 revenues recovery ratio. A Service Board which is affected by 9 a reduction in funds under this paragraph shall submit to the 10 Authority concurrently with its next due quarterly report a 11 revised budget incorporating the reduction in funds. The 12 revised budget must meet the criteria specified in clauses 13 (i) through (vi) of Section 4.11(b)(2). The Board shall 14 review and act on the revised budget as provided in Section 15 4.11(b)(3). 16 (Source: P.A. 86-16; 86-463; 86-928; 86-1028; 86-1481; 17 87-764.) 18 (70 ILCS 3615/4.11) (from Ch. 111 2/3, par. 704.11) 19 Sec. 4.11. Budget Review Powers. (a) The provisions of 20 this Section shall only be applicable to financial periods 21 beginning after December 31, 1983. The Transition Board 22 shall adopt a timetable governing the certification of 23 estimates and any submissions required under this Section for 24 fiscal year 1984 which shall control over the provisions of 25 this Act. Based upon estimates which shall be given to the 26 Authority by the Director of the Illinois Bureau of the 27 Budget of the receipts to be received by the Authority from 28 the taxes imposed by the Authority and the authorized 29 estimates of amounts to be available from State and other 30 sources to the Service Boards, and the times at which such 31 receipts and amounts will be available, the Board shall, not 32 later than the next preceding September 15th prior to the 33 beginning of the Authority's next fiscal year, advise each HB0236 Engrossed -560- LRB9100031DJcdA 1 Service Board of the amounts estimated by the Board to be 2 available for such Service Board during such fiscal year and 3 the two following fiscal years and the times at which such 4 amounts will be available. The Board shall, at the same 5 time, also advise each Service Board of its required system 6 generated revenues recovery ratio for the next fiscal year 7 which shall be the percentage of the aggregate costs of 8 providing public transportation by or under jurisdiction of 9 that Service Board which must be recovered from system 10 generated revenues. In determining a Service Board's system 11 generated revenue recovery ratio, the Board shall consider 12 the historical system generated revenues recovery ratio for 13 the services subject to the jurisdiction of that Service 14 Board. The Board shall not increase a Service Board's system 15 generated revenues recovery ratio for the next fiscal year 16 over such ratio for the current fiscal year 17 disproportionately or prejudicially to increases in such 18 ratios for other Service Boards. The Board may, by 19 ordinance, provide that (i) the cost of research and 20 development projects in the fiscal year beginning January 1, 21 1986 and ending December 31, 1986 conducted pursuant to 22 Section 2.09 of this Act, and (ii) up to $5,000,000 annually 23 of the costs for passenger security, may be exempted from the 24 farebox recovery ratio or the system generated revenues 25 recovery ratio of the Chicago Transit Authority, the Suburban 26 Bus Board, and the Commuter Rail Board, or any of them. For 27 the fiscal year beginning January 1, 1986 and ending December 28 31, 1986, and for the fiscal year beginning January 1, 1987 29 and ending December 31, 1987, the Board shall, by ordinance, 30 provide that: (1) the amount of a grant, pursuant to Section 31 2705-31049.19aof the Department of Transportation Law (20 32 ILCS 2705/2705-310)Civil Administrative Code of Illinois, 33 from the Department of Transportation for the cost of 34 services for the mobility limited provided by the Chicago HB0236 Engrossed -561- LRB9100031DJcdA 1 Transit Authority, and (2) the amount of a grant, pursuant to 2 Section 2705-31049.19aof the Department of Transportation 3 Law (20 ILCS 2705/2705-310)Civil Administrative Code of4Illinois, from the Department of Transportation for the cost 5 of services for the mobility limited by the Suburban Bus 6 Board or the Commuter Rail Board, be exempt from the farebox 7 recovery ratio or the system generated revenues recovery 8 ratio. 9 (b)(1) Not later than the next preceding November 15 10 prior to the commencement of such fiscal year, each Service 11 Board shall submit to the Authority its proposed budget for 12 such fiscal year and its proposed financial plan for the two 13 following fiscal years. Such budget and financial plan shall 14 not project or assume a receipt of revenues from the 15 Authority in amounts greater than those set forth in the 16 estimates provided by the Authority pursuant to subsection 17 (a) of this Section. 18 (2) The Board shall review the proposed budget and 19 financial plan submitted by each Service Board, and shall 20 adopt a consolidated budget and financial plan. The Board 21 shall approve the budget and plan if: 22 (i) the Board has approved the proposed budget and cash 23 flow plan for such fiscal year of each Service Board, 24 pursuant to the conditions set forth in clauses (ii) through 25 (vii) of this paragraph; 26 (ii) such budget and plan show a balance between (A) 27 anticipated revenues from all sources including operating 28 subsidies and (B) the costs of providing the services 29 specified and of funding any operating deficits or 30 encumbrances incurred in prior periods, including provision 31 for payment when due of principal and interest on outstanding 32 indebtedness; 33 (iii) such budget and plan show cash balances including 34 the proceeds of any anticipated cash flow borrowing HB0236 Engrossed -562- LRB9100031DJcdA 1 sufficient to pay with reasonable promptness all costs and 2 expenses as incurred; 3 (iv) such budget and plan provide for a level of fares 4 or charges and operating or administrative costs for the 5 public transportation provided by or subject to the 6 jurisdiction of such Service Board sufficient to allow the 7 Service Board to meet its required system generated revenue 8 recovery ratio; 9 (v) such budget and plan are based upon and employ 10 assumptions and projections which are reasonable and prudent; 11 (vi) such budget and plan have been prepared in 12 accordance with sound financial practices as determined by 13 the Board; and 14 (vii) such budget and plan meet such other financial, 15 budgetary, or fiscal requirements that the Board may by rule 16 or regulation establish. 17 (3) In determining whether the budget and financial plan 18 provide a level of fares or charges sufficient to allow a 19 Service Board to meet its required system generated revenue 20 recovery ratio under clause (iv) in subparagraph (2), the 21 Board shall allow a Service Board to carry over cash from 22 farebox revenues to subsequent fiscal years. 23 (4) Unless the Board by an affirmative vote of 9 of the 24 then Directors determines that the budget and financial plan 25 of a Service Board meets the criteria specified in clauses 26 (ii) through (vii) of subparagraph (2) of this paragraph (b), 27 the Board shall not release to that Service Board any funds 28 for the periods covered by such budget and financial plan 29 except for the proceeds of taxes imposed by the Authority 30 under Section 4.03 which are allocated to the Service Board 31 under Section 4.01. 32 (5) If the Board has not found that the budget and 33 financial plan of a Service Board meets the criteria 34 specified in clauses (i) through (vii) of subparagraph (2) of HB0236 Engrossed -563- LRB9100031DJcdA 1 this paragraph (b), the Board shall, five working days after 2 the start of the Service Board's fiscal year adopt a budget 3 and financial plan meeting such criteria for that Service 4 Board. 5 (c)(1) If the Board shall at any time have received a 6 revised estimate, or revises any estimate the Board has made, 7 pursuant to this Section of the receipts to be collected by 8 the Authority which, in the judgment of the Board, requires a 9 change in the estimates on which the budget of any Service 10 Board is based, the Board shall advise the affected Service 11 Board of such revised estimates, and such Service Board shall 12 within 30 days after receipt of such advice submit a revised 13 budget incorporating such revised estimates. If the revised 14 estimates require, in the judgment of the Board, that the 15 system generated revenues recovery ratio of one or more 16 Service Boards be revised in order to allow the Authority to 17 meet its required ratio, the Board shall advise any such 18 Service Board of its revised ratio and such Service Board 19 shall within 30 days after receipt of such advice submit a 20 revised budget incorporating such revised estimates or ratio. 21 (2) Each Service Board shall, within such period after 22 the end of each fiscal quarter as shall be specified by the 23 Board, report to the Authority its financial condition and 24 results of operations and the financial condition and results 25 of operations of the public transportation services subject 26 to its jurisdiction, as at the end of and for such quarter. 27 If in the judgment of the Board such condition and results 28 are not substantially in accordance with such Service Board's 29 budget for such period, the Board shall so advise such 30 Service Board and such Service Board shall within the period 31 specified by the Board submit a revised budget incorporating 32 such results. 33 (3) If the Board shall determine that a revised budget 34 submitted by a Service Board pursuant to subparagraph (1) or HB0236 Engrossed -564- LRB9100031DJcdA 1 (2) of this paragraph (c) does not meet the criteria 2 specified in clauses (ii) through (vii) of subparagraph (2) 3 of paragraph (b) of this Section, the Board shall not release 4 any monies to that Service Board except the proceeds of taxes 5 imposed by the Authority under Section 4.03 or 4.03.1 which 6 are allocated to the Service Board under Section 4.01. If 7 the Service Board submits a revised financial plan and budget 8 which plan and budget shows that the criteria will be met 9 within a four quarter period, the Board shall continue to 10 release funds to the Service Board. The Board by a 9 vote of 11 its then Directors may require a Service Board to submit a 12 revised financial plan and budget which shows that the 13 criteria will be met in a time period less than four 14 quarters. 15 (d) All budgets and financial plans, financial 16 statements, audits and other information presented to the 17 Authority pursuant to this Section or which may be required 18 by the Board to permit it to monitor compliance with the 19 provisions of this Section shall be prepared and presented in 20 such manner and frequency and in such detail as shall have 21 been prescribed by the Board, shall be prepared on both an 22 accrual and cash flow basis as specified by the Board, and 23 shall identify and describe the assumptions and projections 24 employed in the preparation thereof to the extent required by 25 the Board. Except when the Board adopts a budget and a 26 financial plan for a Service Board under paragraph (b)(5), a 27 Service Board shall provide for such levels of transportation 28 services and fares or charges therefor as it deems 29 appropriate and necessary in the preparation of a budget and 30 financial plan meeting the criteria set forth in clauses (ii) 31 through (vii) of subparagraph (2) of paragraph (b) of this 32 Section. The Board shall have access to and the right to 33 examine and copy all books, documents, papers, records, or 34 other source data of a Service Board relevant to any HB0236 Engrossed -565- LRB9100031DJcdA 1 information submitted pursuant to this Section. 2 (e) Whenever this Section requires the Board to make 3 determinations with respect to estimates, budgets or 4 financial plans, or rules or regulations with respect thereto 5 such determinations shall be made upon the affirmative vote 6 of at least 9 of the then Directors and shall be incorporated 7 in a written report of the Board and such report shall be 8 submitted within 10 days after such determinations are made 9 to the Governor, the Mayor of Chicago (if such determinations 10 relate to the Chicago Transit Authority), and the Auditor 11 General of Illinois. 12 (Source: P.A. 84-1246.) 13 Section 5-255. The School Code is amended by changing 14 Sections 2-3.62 and 2-3.112 as follows: 15 (105 ILCS 5/2-3.62) (from Ch. 122, par. 2-3.62) 16 Sec. 2-3.62. Educational Service Centers. 17 (a) A regional network of educational service centers 18 shall be established by the State Board of Education to 19 coordinate and combine existing services in a manner which is 20 practical and efficient and to provide new services to 21 schools as provided in this Section. Services to be made 22 available by such centers shall include the planning, 23 implementation and evaluation of: 24 (1) education for gifted children through area 25 service centers, experimental projects and institutes as 26 provided in Section 14A-6; 27 (2) computer technology education including the 28 evaluation, use and application of state-of-the-art 29 technology in computer software as provided in Section 30 2-3.43; 31 (3) mathematics, science and reading resources for 32 teachers including continuing education, inservice HB0236 Engrossed -566- LRB9100031DJcdA 1 training and staff development. 2 The centers may provide training, technical assistance, 3 coordination and planning in other program areas such as 4 school improvement, school accountability, career guidance, 5 early childhood education, alcohol/drug education and 6 prevention, family life - sex education, electronic 7 transmission of data from school districts to the State, 8 alternative education and regional special education, and 9 telecommunications systems that provide distance learning. 10 Such telecommunications systems may be obtained through the 11 Department of Central Management Services pursuant to Section 12 405-27067.18of the Department of Central Management 13 Services Law (20 ILCS 405/405-270)Civil Administrative Code14of Illinois. The programs and services of educational service 15 centers may be offered to private school teachers and private 16 school students within each service center area provided 17 public schools have already been afforded adequate access to 18 such programs and services. 19 The State Board of Education shall promulgate rules and 20 regulations necessary to implement this Section. The rules 21 shall include detailed standards which delineate the scope 22 and specific content of programs to be provided by each 23 Educational Service Center, as well as the specific planning, 24 implementation and evaluation services to be provided by each 25 Center relative to its programs. The Board shall also 26 provide the standards by which it will evaluate the programs 27 provided by each Center. 28 (b) Centers serving Class 1 county school units shall be 29 governed by an 11-member board, 3 members of which shall be 30 public school teachers nominated by the local bargaining 31 representatives to the appropriate regional superintendent 32 for appointment and no more than 3 members of which shall be 33 from each of the following categories, including but not 34 limited to superintendents, regional superintendents, school HB0236 Engrossed -567- LRB9100031DJcdA 1 board members and a representative of an institution of 2 higher education. The members of the board shall be 3 appointed by the regional superintendents whose school 4 districts are served by the educational service center. The 5 composition of the board will reflect the revisions of this 6 amendatory Act of 1989 as the terms of office of current 7 members expire. 8 (c) The centers shall be of sufficient size and number 9 to assure delivery of services to all local school districts 10 in the State. 11 (d) From monies appropriated for this program the State 12 Board of Education shall provide grants to qualifying 13 Educational Service Centers applying for such grants in 14 accordance with rules and regulations promulgated by the 15 State Board of Education to implement this Section. 16 (e) The governing authority of each of the 18 regional 17 educational service centers shall appoint a family life - sex 18 education advisory board consisting of 2 parents, 2 teachers, 19 2 school administrators, 2 school board members, 2 health 20 care professionals, one library system representative, and 21 the director of the regional educational service center who 22 shall serve as chairperson of the advisory board so 23 appointed. Members of the family life - sex education 24 advisory boards shall serve without compensation. Each of 25 the advisory boards appointed pursuant to this subsection 26 shall develop a plan for regional teacher-parent family life 27 - sex education training sessions and shall file a written 28 report of such plan with the governing board of their 29 regional educational service center. The directors of each 30 of the regional educational service centers shall thereupon 31 meet, review each of the reports submitted by the advisory 32 boards and combine those reports into a single written report 33 which they shall file with the Citizens Council on School 34 Problems prior to the end of the regular school term of the HB0236 Engrossed -568- LRB9100031DJcdA 1 1987-1988 school year. 2 (f) The 14 educational service centers serving Class I 3 county school units shall be disbanded on the first Monday of 4 August, 1995, and their statutory responsibilities and 5 programs shall be assumed by the regional offices of 6 education, subject to rules and regulations developed by the 7 State Board of Education. The regional superintendents of 8 schools elected by the voters residing in all Class I 9 counties shall serve as the chief administrators for these 10 programs and services. By rule of the State Board of 11 Education, the 10 educational service regions of lowest 12 population shall provide such services under cooperative 13 agreements with larger regions. 14 (Source: P.A. 88-89; 89-335, eff. 1-1-96.) 15 (105 ILCS 5/2-3.112) 16 Sec. 2-3.112. Service evaluation reports. 17 (a) The Service Evaluation Committee is hereby created 18 to design and develop, under the direction of the Office of 19 the Lieutenant Governor, a form to be used by school 20 districts as provided in this Section to annually evaluate 21 the nature and quality of the services furnished to those 22 school districts by the State Board of Education and the 23 regional offices of education. The Service Evaluation 24 Committee shall be composed of 7 members, consisting of one 25 member from each of the following entities, designated in 26 each case by the governing board of the entity from which the 27 member is designated: 28 (1) the Regional Superintendents Association; 29 (2) the staff employed by the State Board of 30 Education; 31 (3) the Illinois Parent Teacher Association; 32 (4) the Illinois Education Association; 33 (5) the Illinois Federation of Teachers; HB0236 Engrossed -569- LRB9100031DJcdA 1 (6) the Illinois Association of School Boards; and 2 (7) the Illinois Association of School 3 Administrators. 4 Members of the Service Evaluation Committee shall serve at 5 the pleasure of the governing board of the entity by which 6 they are designated to serve as members of the Committee. 7 Committee members shall serve without compensation but shall 8 be reimbursed for the reasonable expenses which they 9 necessarily incur in the performance of their 10 responsibilities as members of the Committee. 11 (b) Under the direction of the Office of the Lieutenant 12 Governor, the Committee, at periodic intervals not to exceed 13 3 years, shall review the form to be used for the evaluation 14 and make any modifications in the form that it determines are 15 necessary. The design, development, and any modifications 16 that are to be made to the form shall be determined not later 17 than August 1 of each year, beginning in 1998. 18 (c) The Office of the Lieutenant Governor shall cause 19 the form of evaluation as last designed, developed, or 20 modified under this Section to be printed and distributed to 21 the board of education of each school district in the State 22 not later than September 1 of each year, beginning in 1998. 23 (d) The president of the board of education is 24 authorized to cause the evaluation form to be completed and 25 may sign the form as president of the board of education and 26 forward the completed form to the Office of the Lieutenant 27 Governor not later than November 1 of each year, beginning in 28 1998. Before completing and signing the evaluation form, the 29 president, acting through the board of education, shall 30 request and receive comments, opinions, and other input from 31 the district's administrators, teachers, and teacher 32 organizations to assist the board of education in evaluating, 33 rating, and reporting, on the form to be transmitted to the 34 Office of the Lieutenant Governor, the nature and quality of HB0236 Engrossed -570- LRB9100031DJcdA 1 the services furnished to the district by the State Board of 2 Education and the regional office of education for the 3 educational service region in which the school district is 4 located. 5 (e) The Office of the Lieutenant Governor shall review 6 and tally the results of all evaluation forms received from 7 the several school districts of the State and submit a 8 written report of the evaluation results to the Governor, the 9 General Assembly, the members of the State Board of 10 Education, and each of the several regional superintendents 11 of schools not later than December 15 of each year, beginning 12 in 1998. The Office of the Lieutenant Governor, in making 13 the annual written report required by this subsection, shall 14 not report, publish, or otherwise release the evaluation 15 results separately for any regional offices of education but 16 instead the evaluation results with respect to the regional 17 offices of education shall be tallied and reported on an 18 aggregate or composite basis, in such manner as to avoid 19 reporting evaluation results on a regional office of 20 education by regional office of education basis. 21 (f) This Section is subject to the provisions of Section 22 405-50067.35of the Department of Central Management 23 Services Law (20 ILCS 405/405-500)Civil Administrative Code24of Illinois. 25 (Source: P.A. 89-212, eff. 1-1-96; 89-626, eff. 8-9-96; 26 90-96, eff. 1-1-98; 90-498, eff. 1-1-98; 90-609, eff. 27 6-30-98.) 28 Section 5-260. The Illinois Distance Learning Foundation 29 Act is amended by changing Section 5 as follows: 30 (105 ILCS 40/5) 31 Sec. 5. Creation of Foundation. The General Assembly 32 authorizes the Lieutenant Governor, in accordance with HB0236 Engrossed -571- LRB9100031DJcdA 1 Section 10 of the State Agency Entity Creation Act, to create 2 the Illinois Distance Learning Foundation. Pursuant to this 3 authority, the Lieutenant Governor shall create the Illinois 4 Distance Learning Foundation as a not-for-profit foundation. 5 The Lieutenant Governor shall file articles of incorporation 6 as required under the General Not For Profit Corporation Act 7 of 1986 to create the Foundation. The Foundation's Board of 8 Directors shall be appointed by the Lieutenant Governor from 9 time to time. The Lieutenant Governor shall serve as 10 Chairman of the Board of Directors of the Foundation. The 11 Director of the Governor's Rural Affairs Council shall serve 12 as the initial Director of the Foundation. No member of the 13 Board of Directors may receive compensation for his or her 14 services to the Foundation. 15 Until January 11, 1999, while the office of Lieutenant 16 Governor is vacant, the powers and duties of the Lieutenant 17 Governor and the Office of the Lieutenant Governor under this 18 Act shall be carried out as provided in Section 67.35 of the 19 Civil Administrative Code of Illinois (renumbered; now 20 Section 405-500 of the Department of Central Management 21 Services Law, 20 ILCS 405/405-500). 22 (Source: P.A. 90-609, eff. 6-30-98.) 23 Section 5-265. The University of Illinois Act is amended 24 by changing Section 1a as follows: 25 (110 ILCS 305/1a) (from Ch. 144, par. 22a) 26 Sec. 1a. The Board of Trustees shall comply with the 27 provisions of "An Act concerning the use of Illinois mined 28 coal in certain plants and institutions", filed July 13, 29 1937; provided that in the purchase of any coal or other fuel 30 used in the operation of the University of Illinois, the 31 provisions of Section 30 of the Civil Administrative Code of 32 Illinois (repealed by P.A. 90-572) shall not apply to limit HB0236 Engrossed -572- LRB9100031DJcdA 1 the price authorized to be paid by the Board of Trustees for 2 any such coal or fuel. 3 (Source: P.A. 86-1189.) 4 Section 5-270. The Family Practice Residency Act is 5 amended by changing Section 10 as follows: 6 (110 ILCS 935/10) (from Ch. 144, par. 1460) 7 Sec. 10. Scholarship recipients who fail to fulfill the 8 obligation described in subsection (d) of Section 3.07 of 9 this Act shall pay to the Department a sum equal to 3 times 10 the amount of the annual scholarship grant for each year the 11 recipient fails to fulfill such obligation. A scholarship 12 recipient who fails to fulfill the obligation described in 13 subsection (d) of Section 3.07 shall have 30 days from the 14 date on which that failure begins in which to enter into a 15 contract with the Department that sets forth the manner in 16 which that sum is required to be paid. If the contract is 17 not entered into within that 30 day period or if the contract 18 is entered into but the required payments are not made in the 19 amounts and at the times provided in the contract, the 20 scholarship recipient also shall be required to pay to the 21 Department interest at the rate of 9% per annum on the amount 22 of that sum remaining due and unpaid. The amounts paid to the 23 Department under this Section shall be deposited into the 24 Community Health Center Care Fund and shall be used by the 25 Department to improve access to primary health care services 26 as authorized by subsection (a) of Section 2310-20055.53(a)27 of the Department of Public Health Powers and Duties Law (20 28 ILCS 2310/2310-200)Civil Administrative Code of Illinois. 29 The Department may transfer to the Illinois Development 30 Finance Authority, into an account outside the State 31 treasury, moneys in the Community Health Center Care Fund as 32 needed, but not to exceed an amount established, by rule, by HB0236 Engrossed -573- LRB9100031DJcdA 1 the Department to establish a reserve or credit enhancement 2 escrow account to support a financing program or a loan or 3 equipment leasing program to provide moneys to support the 4 purposes of subsection (a) of Section 2310-20055.53(a)of 5 the Department of Public Health Powers and Duties Law (20 6 ILCS 2310/2310-200)Civil Administrative Code of Illinois. 7 The disposition of moneys at the conclusion of any financing 8 program under this Section shall be determined by an 9 interagency agreement. 10 (Source: P.A. 90-405, eff. 1-1-98.) 11 Section 5-275. The Podiatric Scholarship and Residency 12 Act is amended by changing Section 30 as follows: 13 (110 ILCS 978/30) 14 Sec. 30. Penalties for failure to fulfill obligations. 15 Scholarship recipients who fail to fulfill their obligation 16 to practice in designated shortage areas shall pay to the 17 Department a sum equal to 3 times the amount of the annual 18 scholarship grant for each year the recipient fails to 19 fulfill that obligation. The amounts paid to the Department 20 under this Section shall be used by the Department to improve 21 access to primary health care services as authorized by 22 Section 2310-20055.53of the Department of Public Health 23 Powers and Duties Law (20 ILCS 2310/2310-200)Civil24Administrative Code of Illinois. 25 (Source: P.A. 87-1195.) 26 Section 5-285. The Illinois Insurance Code is amended by 27 changing Section 401 as follows: 28 (215 ILCS 5/401) (from Ch. 73, par. 1013) 29 Sec. 401. General powers of the director. The Director is 30 charged with the rights, powers and duties appertaining to HB0236 Engrossed -574- LRB9100031DJcdA 1 the enforcement and execution of all the insurance laws of 2 this State. He shall have the power 3 (a) to make reasonable rules and regulations as may be 4 necessary for making effective such laws; 5 (b) to conduct such investigations as may be necessary 6 to determine whether any person has violated any provision of 7 such insurance laws; 8 (c) to conduct such examinations, investigations and 9 hearings in addition to those specifically provided for, as 10 may be necessary and proper for the efficient administration 11 of the insurance laws of this State; and 12 (d) to institute such actions or other lawful 13 proceedings as he may deem necessary for the enforcement of 14 the Illinois Insurance Code or of any Order or action made or 15 taken by him under this Code. The Attorney General, upon 16 request of the Director, may proceed in the courts of this 17 State to enforce an Order or decision in any court proceeding 18 or in any administrative proceeding before the Director. 19 Whenever the Director is authorized or required by law to 20 consider some aspect of criminal history record information 21 for the purpose of carrying out his statutory powers and 22 responsibilities, then, upon request and payment of fees in 23 conformance with the requirements ofsubsection 22 ofSection 24 2605-40055aof"the Department of State Police Law (20 ILCS 25 2605/2605-400)Civil Administrative Code of Illinois", the 26 Department of State Police is authorized to furnish, pursuant 27 to positive identification, such information contained in 28 State files as is necessary to meet the requirements of such 29 authorization or statutes. 30 (Source: P.A. 86-610.) 31 Section 5-290. The Public Utilities Act is amended by 32 changing Section 4-101 as follows: HB0236 Engrossed -575- LRB9100031DJcdA 1 (220 ILCS 5/4-101) (from Ch. 111 2/3, par. 4-101) 2 Sec. 4-101. The Commission shall have general supervision 3 of all public utilities, except as otherwise provided in this 4 Act, shall inquire into the management of the business 5 thereof and shall keep itself informed as to the manner and 6 method in which the business is conducted. It shall examine 7 those public utilities and keep informed as to their general 8 condition, their franchises, capitalization, rates and other 9 charges, and the manner in which their plants, equipment and 10 other property owned, leased, controlled or operated are 11 managed, conducted and operated, not only with respect to the 12 adequacy, security and accommodation afforded by their 13 service but also with respect to their compliance with this 14 Act and any other law, with the orders of the Commission and 15 with the charter and franchise requirements. 16 Whenever the Commission is authorized or required by law 17 to consider some aspect of criminal history record 18 information for the purpose of carrying out its statutory 19 powers and responsibilities, then, upon request and payment 20 of fees in conformance with the requirements ofsubsection 2221ofSection 2605-40055aof"the Department of State Police 22 Law (20 ILCS 2605/2605-400)Civil Administrative Code of23Illinois", the Department of State Police is authorized to 24 furnish, pursuant to positive identification, such 25 information contained in State files as is necessary to 26 fulfill the request. 27 (Source: P.A. 86-610.) 28 Section 5-295. The Clinical Psychologist Licensing Act is 29 amended by changing Section 19 as follows: 30 (225 ILCS 15/19) (from Ch. 111, par. 5369) 31 Sec. 19. Record of proceedings; transcript. The 32 Department, at its expense, shall preserve a record of all HB0236 Engrossed -576- LRB9100031DJcdA 1 proceedings at any formal hearing of any case. The notice of 2 hearing, complaint and all other documents in the nature of 3 pleadings and written motions filed in the proceedings, the 4 transcript of testimony, the report of the Board and the 5 orders of the Department shall be the record of the 6 proceedings. The Department shall furnish a transcript of 7 the record to any person upon payment of the fee required 8 under Section 2105-11560fof the Department of Professional 9 Regulation Law (20 ILCS 2105/2105-115)Civil Administrative10Code of Illinois. 11 (Source: P.A. 89-702, eff. 7-1-97.) 12 Section 5-298. The Clinical Social Work and Social Work 13 Practice Act is amended by changing Section 22 as follows: 14 (225 ILCS 20/22) (from Ch. 111, par. 6372) 15 Sec. 22. Record of Proceedings; transcript. The 16 Department, at its expense, shall preserve a record of all 17 proceedings at the formal hearing of any case involving the 18 refusal to issue or to renew a license. The notice of 19 hearing, complaint, all other documents in the nature of 20 pleadings, written motions filed in the proceedings, the 21 transcript of testimony, the report of the Board and orders 22 of the Department shall be in the record of such proceeding. 23 The Department shall furnish a transcript of the record to 24 any person upon payment of the fee required under Section 25 2105-11560fof the Department of Professional Regulation Law 26 (20 ILCS 2105/2105-115)Civil Administrative Code of Illinois27. 28 (Source: P.A. 90-150, eff. 12-30-97.) 29 Section 5-300. The Illinois Dental Practice Act is 30 amended by changing Section 42 as follows: HB0236 Engrossed -577- LRB9100031DJcdA 1 (225 ILCS 25/42) (from Ch. 111, par. 2342) 2 Sec. 42. Dental Disciplinary Fund. All fees, fines or 3 penalties received by the Department under this Act shall be 4 deposited in the Illinois State Dental Disciplinary Fund, a 5 special fund created hereunder in the State Treasury, and 6 shall be used only by the Department in the exercise of its 7 powers and performance of its duties under this Act, 8 including but not limited to the provision for evidence in 9 dental investigation. All earnings incurred from investment 10 of moneys in the Illinois State Dental Disciplinary Fund 11 shall be deposited in the Illinois State Dental Disciplinary 12 Fund and shall be used for the same purpose as fees deposited 13 in such Fund. 14 Moneys in the Fund may be transferred to the Professions 15 Indirect Cost Fund as authorized under Section 2105-30061e16 of the Department of Professional Regulation Law (20 ILCS 17 2105/2105-300)Civil Administrative Code of Illinois. 18 (Source: P.A. 89-80, eff. 6-30-95; 89-116, eff. 7-7-95; 19 89-204, eff. 1-1-96; 89-626, eff. 8-9-96.) 20 Section 5-305. The Dietetic and Nutrition Services 21 Practice Act is amended by changing Section 110 as follows: 22 (225 ILCS 30/110) (from Ch. 111, par. 8401-110) 23 Sec. 110. Record of hearing. The Department, at its 24 expense, shall preserve a record of all proceedings at the 25 formal hearing of any case. The notice of hearing, 26 complaint, and other documents in the nature of pleadings and 27 written motions filed in the proceedings, the transcript of 28 testimony, the report of the Board, and orders of the 29 Department shall be in the record of the proceedings. The 30 Department shall furnish a transcript of the record to any 31 person interested in the hearing upon payment of the fee 32 required under Section 2105-11560fof the Department of HB0236 Engrossed -578- LRB9100031DJcdA 1 Professional Regulation Law (20 ILCS 2105/2105-115)Civil2Administrative Code of Illinois. 3 (Source: P.A. 87-784; 87-1000.) 4 Section 5-310. The Environmental Health Practitioner 5 Licensing Act is amended by changing Sections 45 and 70 as 6 follows: 7 (225 ILCS 37/45) 8 Sec. 45. Record of Proceedings; transcript. The 9 Department, at its expense, shall provide a stenographer to 10 record all testimony at the hearing of any case where a 11 certificate is revoked or suspended. The notice of hearing, 12 complaint, and all other documents in the nature of pleadings 13 and written motions filed in the proceedings, the transcript 14 of testimony, the report of the Committee, and the order of 15 the Department shall be the record of the proceedings. The 16 Department shall furnish a transcript of the record to any 17 person interested in the hearing upon payment of the fees 18 required under Section 2105-11560fof the Department of 19 Professional Regulation Law (20 ILCS 2105/2105-115)Civil20Administrative Code of Illinois. 21 (Source: P.A. 89-61, eff. 6-30-95.) 22 (225 ILCS 37/70) 23 Sec. 70. Records of proceeding. The Department, at its 24 expense, shall preserve a record of all proceedings at the 25 formal hearing of any case. The notice of hearing, complaint, 26 and all other documents in the nature of pleadings, written 27 motions filed in the proceedings, transcripts of testimony, 28 reports of the Board and orders of the Department shall be in 29 the record of the proceedings. The Department shall furnish a 30 transcript of the record to any person interested in the 31 hearing upon payment of the fee required under Section HB0236 Engrossed -579- LRB9100031DJcdA 1 2105-11560fof the Department of Professional Regulation Law 2 (20 ILCS 2105/2105-115)Civil Administrative Code of Illinois3. 4 (Source: P.A. 89-61, eff. 6-30-95.) 5 Section 5-315. The Marriage and Family Therapy Licensing 6 Act is amended by changing Section 100 as follows: 7 (225 ILCS 55/100) (from Ch. 111, par. 8351-100) 8 Sec. 100. Record of proceeding. The Department, at its 9 expense, shall preserve a record of all proceedings at the 10 formal hearing of any case. The notice of hearing, complaint 11 and all other documents in the nature of pleadings and 12 written motions filed in the proceedings, the transcript of 13 testimony, the report of the Board and orders of the 14 Department shall be in the record of the proceedings. The 15 Department shall furnish a transcript of the record to any 16 person interested in the hearing upon payment of the fee 17 required under Section 2105-11560fof the Department of 18 Professional Regulation Law (20 ILCS 2105/2105-115)Civil19Administrative Code of Illinois. 20 (Source: P.A. 87-783; 87-1237.) 21 Section 5-320. The Medical Practice Act of 1987 is 22 amended by changing Sections 21 and 39 as follows: 23 (225 ILCS 60/21) (from Ch. 111, par. 4400-21) 24 Sec. 21. License renewal; restoration; inactive status; 25 disposition and collection of fees. 26 (A) Renewal. The expiration date and renewal period for 27 each license issued under this Act shall be set by rule. The 28 holder of a license may renew such license by paying the 29 required fee. The holder of a license may also renew the 30 license within 90 days after its expiration by complying with HB0236 Engrossed -580- LRB9100031DJcdA 1 the requirements for renewal and payment of an additional 2 fee. A license renewal within 90 days after expiration shall 3 be effective retroactively to the expiration date. 4 The Department shall mail to each licensee under this 5 Act, to their last known place of address, at least 60 days 6 in advance of the expiration date of their license, a notice 7 of that fact and an application for renewal form. No such 8 license shall be deemed to have lapsed until 90 days after 9 the expiration date and after such notice and application 10 have been mailed by the Department as herein provided. 11 (B) Restoration. Any licensee who has permitted their 12 license to lapse or who has had their license on inactive 13 status may have their license restored by making application 14 to the Department and filing proof acceptable to the 15 Department of their fitness to have their license restored, 16 including evidence certifying to active practice in another 17 jurisdiction satisfactory to the Department, proof of meeting 18 the continuing education requirements for one renewal period, 19 and by paying the required restoration fee. 20 If the licensee has not maintained an active practice in 21 another jurisdiction satisfactory to the Department, the 22 Licensing Board shall determine, by an evaluation program 23 established by rule, their fitness to resume active status 24 and may require the licensee to complete a period of 25 evaluated clinical experience and may require successful 26 completion of the practical examination. 27 However, any registrant whose license has expired while 28 they have been engaged (a) in Federal Service on active duty 29 with the Army of the United States, the United States Navy, 30 the Marine Corps, the Air Force, the Coast Guard, the Public 31 Health Service or the State Militia called into the service 32 or training of the United States of America, or (b) in 33 training or education under the supervision of the United 34 States preliminary to induction into the military service, HB0236 Engrossed -581- LRB9100031DJcdA 1 may have their license reinstated or restored without paying 2 any lapsed renewal fees, if within 2 years after honorable 3 termination of such service, training or education, they 4 furnish the Department with satisfactory evidence to the 5 effect that they have been so engaged and that their service, 6 training or education has been so terminated. 7 (C) Inactive licenses. Any licensee who notifies the 8 Department, in writing on forms prescribed by the Department, 9 may elect to place their license on an inactive status and 10 shall, subject to rules of the Department, be excused from 11 payment of renewal fees until they notify the Department in 12 writing of their desire to resume active status. 13 Any licensee requesting restoration from inactive status 14 shall be required to pay the current renewal fee, provide 15 proof of meeting the continuing education requirements for 16 the period of time the license is inactive not to exceed one 17 renewal period, and shall be required to restore their 18 license, as provided in subsection (B). 19 Any licensee whose license is in an inactive status shall 20 not practice in the State of Illinois. 21 (D) Disposition of monies collected. All monies 22 collected under this Act by the Department shall be deposited 23 in the Illinois State Medical Disciplinary Fund in the State 24 Treasury, and used only for the following purposes: (a) by 25 the Medical Disciplinary Board in the exercise of its powers 26 and performance of its duties, as such use is made by the 27 Department with full consideration of all recommendations of 28 the Medical Disciplinary Board, (b) for costs directly 29 related to persons licensed under this Act, and (c) for 30 direct and allocable indirect costs related to the public 31 purposes of the Department of Professional Regulation. 32 Moneys in the Fund may be transferred to the Professions 33 Indirect Cost Fund as authorized under Section 2105-30061e34 of the Department of Professional Regulation Law (20 ILCS HB0236 Engrossed -582- LRB9100031DJcdA 1 2105/2105-300)Civil Administrative Code of Illinois. 2 All earnings received from investment of monies in the 3 Illinois State Medical Disciplinary Fund shall be deposited 4 in the Illinois State Medical Disciplinary Fund and shall be 5 used for the same purposes as fees deposited in such fund. 6 (E) Fees. The following fees are nonrefundable. 7 (1) Applicants for any examination shall be 8 required to pay, either to the Department or to the 9 designated testing service, a fee covering the cost of 10 determining the applicant's eligibility and providing the 11 examination. Failure to appear for the examination on the 12 scheduled date, at the time and place specified, after 13 the applicant's application for examination has been 14 received and acknowledged by the Department or the 15 designated testing service, shall result in the 16 forfeiture of the examination fee. 17 (2) The fee for a license under Section 9 of this 18 Act is $300. 19 (3) The fee for a license under Section 19 of this 20 Act is $300. 21 (4) The fee for the renewal of a license for a 22 resident of Illinois shall be calculated at the rate of 23 $100 per year, except for licensees who were issued a 24 license within 12 months of the expiration date of the 25 license, the fee for the renewal shall be $100. The fee 26 for the renewal of a license for a nonresident shall be 27 calculated at the rate of $200 per year, except for 28 licensees who were issued a license within 12 months of 29 the expiration date of the license, the fee for the 30 renewal shall be $200. 31 (5) The fee for the restoration of a license other 32 than from inactive status, is $100. In addition payment 33 of all lapsed renewal fees not to exceed $600 is 34 required. HB0236 Engrossed -583- LRB9100031DJcdA 1 (6) The fee for a 3-year temporary license under 2 Section 17 is $100. 3 (7) The fee for the issuance of a duplicate 4 license, for the issuance of a replacement license for a 5 license which has been lost or destroyed or for the 6 issuance of a license with a change of name or address 7 other than during the renewal period is $20. No fee is 8 required for name and address changes on Department 9 records when no duplicate license is issued. 10 (8) The fee to be paid for a license record for any 11 purpose is $20. 12 (9) The fee to be paid to have the scoring of an 13 examination, administered by the Department, reviewed and 14 verified, is $20 plus any fees charged by the applicable 15 testing service. 16 (10) The fee to be paid by a licensee for a wall 17 certificate showing their license shall be the actual 18 cost of producing such certificate. 19 (11) The fee for a roster of persons licensed as 20 physicians in this State shall be the actual cost of 21 producing such a roster. 22 (F) Any person who delivers a check or other payment to 23 the Department that is returned to the Department unpaid by 24 the financial institution upon which it is drawn shall pay to 25 the Department, in addition to the amount already owed to the 26 Department, a fine of $50. If the check or other payment was 27 for a renewal or issuance fee and that person practices 28 without paying the renewal fee or issuance fee and the fine 29 due, an additional fine of $100 shall be imposed. The fines 30 imposed by this Section are in addition to any other 31 discipline provided under this Act for unlicensed practice or 32 practice on a nonrenewed license. The Department shall notify 33 the person that payment of fees and fines shall be paid to 34 the Department by certified check or money order within 30 HB0236 Engrossed -584- LRB9100031DJcdA 1 calendar days of the notification. If, after the expiration 2 of 30 days from the date of the notification, the person has 3 failed to submit the necessary remittance, the Department 4 shall automatically terminate the license or certificate or 5 deny the application, without hearing. If, after termination 6 or denial, the person seeks a license or certificate, he or 7 she shall apply to the Department for restoration or issuance 8 of the license or certificate and pay all fees and fines due 9 to the Department. The Department may establish a fee for the 10 processing of an application for restoration of a license or 11 certificate to pay all expenses of processing this 12 application. The Director may waive the fines due under this 13 Section in individual cases where the Director finds that the 14 fines would be unreasonable or unnecessarily burdensome. 15 (Source: P.A. 88-246; 89-204, eff. 1-1-96; 89-702, eff. 16 7-1-97.) 17 (225 ILCS 60/39) (from Ch. 111, par. 4400-39) 18 Sec. 39. Stenographer; transcript. The Department, at 19 its expense, shall provide a stenographer to take down the 20 testimony and preserve a record of all proceedings at the 21 hearing of any case wherein a license may be revoked, 22 suspended, placed on probationary status, or other 23 disciplinary action taken with regard thereto. The notice of 24 hearing, complaint and all other documents in the nature of 25 pleadings and written motions filed in the proceedings, the 26 transcript of testimony, the report of the Licensing Board 27 and the orders of the Department constitute the record of the 28 proceedings. The Department shall furnish a transcript of the 29 record to any person interested in such hearing upon payment 30 of the fee required under Section 2105-11560fof the 31 Department of Professional Regulation Law (20 ILCS 32 2105/2105-115)Civil Administrative Code of Illinois. 33 (Source: P.A. 87-1031.) HB0236 Engrossed -585- LRB9100031DJcdA 1 Section 5-325. The Naprapathic Practice Act is amended by 2 changing Section 130 as follows: 3 (225 ILCS 63/130) 4 Sec. 130. Formal hearing; preservation of record. The 5 Department, at its expense, shall preserve a record of all 6 proceedings at the formal hearing of any case. The notice of 7 hearing, complaint, and all other documents in the nature of 8 pleadings and written motions filed in the proceedings, the 9 transcript of testimony, the report of the Committee or 10 hearing officer, and order of the Department shall be the 11 record of the proceeding. The Department shall furnish a 12 transcript of the record to any person interested in the 13 hearing upon payment of the fee required under Section 14 2105-11560fof the Department of Professional Regulation Law 15 (20 ILCS 2105/2105-115)Civil Administrative Code of Illinois16. 17 (Source: P.A. 89-61, eff. 6-30-95.) 18 Section 5-330. The Illinois Nursing Act of 1987 is 19 amended by changing Sections 20-40 and 20-85 as follows: 20 (225 ILCS 65/20-40) 21 Sec. 20-40. Fund. There is hereby created within the 22 State Treasury the Nursing Dedicated and Professional Fund. 23 The monies in the Fund may be used by and at the direction of 24 the Department for the administration and enforcement of this 25 Act, including but not limited to: 26 (a) Distribution and publication of the Nursing and 27 Advanced Practice Nursing Act and the rules at the time 28 of renewal to all persons licensed by the Department 29 under this Act. 30 (b) Employment of secretarial, nursing, 31 administrative, enforcement, and other staff for the HB0236 Engrossed -586- LRB9100031DJcdA 1 administration of this Act. 2 (c) Conducting a survey, as prescribed by rule of 3 the Department, once every 4 years during the license 4 renewal period. 5 (d) Conducting of training seminars for licensees 6 under this Act relating to the obligations, 7 responsibilities, enforcement and other provisions of the 8 Act and its rules. 9 (e) Disposition of Fees: 10 (i) (Blank). 11 (ii) All of the fees and fines collected 12 pursuant to this Act shall be deposited in the 13 Nursing Dedicated and Professional Fund. 14 (iii) For the fiscal year beginning July 1, 15 1988, the moneys deposited in the Nursing Dedicated 16 and Professional Fund shall be appropriated to the 17 Department for expenses of the Department and the 18 Board in the administration of this Act. All 19 earnings received from investment of moneys in the 20 Nursing Dedicated and Professional Fund shall be 21 deposited in the Nursing Dedicated and Professional 22 Fund and shall be used for the same purposes as fees 23 deposited in the Fund. 24 (iv) For the fiscal year beginning July 1, 25 1991 and for each fiscal year thereafter, either 10% 26 of the moneys deposited in the Nursing Dedicated and 27 Professional Fund each year, not including interest 28 accumulated on such moneys, or any moneys deposited 29 in the Fund in each year which are in excess of the 30 amount appropriated in that year to meet ordinary 31 and contingent expenses of the Board, whichever is 32 less, shall be set aside and appropriated to the 33 Illinois Department of Public Health for nursing 34 scholarships awarded pursuant to the Nursing HB0236 Engrossed -587- LRB9100031DJcdA 1 Education Scholarship Law. 2 (v) Moneys in the Fund may be transferred to 3 the Professions Indirect Cost Fund as authorized 4 under Section 2105-30061eof the Department of 5 Professional Regulation Law (20 ILCS 2105/2105-300) 6Civil Administrative Code of Illinois. 7 (Source: P.A. 89-204, eff. 1-1-96; 89-237, eff. 8-4-95; 8 89-626, eff. 8-9-96; 90-61, eff. 12-30-97; 90-372, eff. 9 7-1-98; 90-655, eff. 7-30-98; 90-742, eff. 8-13-98.) 10 (225 ILCS 65/20-85) 11 Sec. 20-85. Stenographer; transcript. The Department, 12 at its expense, shall provide a stenographer to take down the 13 testimony and preserve a record of all proceedings at the 14 hearing of any case wherein any disciplinary action is taken 15 regarding a license. The notice of hearing, complaint and 16 all other documents in the nature of pleadings and written 17 motions filed in the proceedings, the transcript of 18 testimony, the report of the Board and the orders of the 19 Department shall be the record of the proceedings. The 20 Department shall furnish a transcript of the record to any 21 person interested in the hearing upon payment of the fee 22 required under Section 2105-11560fof the Department of 23 Professional Regulation Law (20 ILCS 2105/2105-115)Civil24Administrative Code of Illinois. 25 (Source: P.A. 90-61, eff. 12-30-97; 90-742, eff. 8-13-98.) 26 Section 5-335. The Nursing Home Administrators Licensing 27 and Disciplinary Act is amended by changing Section 23 as 28 follows: 29 (225 ILCS 70/23) (from Ch. 111, par. 3673) 30 Sec. 23. Record of proceedings. The Department, at its 31 expense, shall preserve a record of all proceedings at any HB0236 Engrossed -588- LRB9100031DJcdA 1 formal hearing of any case. The notice of hearing, complaint, 2 all other documents in the nature of pleadings and written 3 motions filed in the proceedings, the transcript of 4 testimony, the report of the Board, and the orders of the 5 Department shall be the record of the proceedings. The 6 Department shall furnish a transcript of the record to any 7 person interested in such hearing upon payment of the fee 8 required under Section 2105-11560fof the Department of 9 Professional Regulation Law (20 ILCS 2105/2105-115)Civil10Administrative Code of Illinois. 11 (Source: P.A. 90-61, eff. 12-30-97.) 12 Section 5-340. The Illinois Optometric Practice Act of 13 1987 is amended by changing Section 20 as follows: 14 (225 ILCS 80/20) (from Ch. 111, par. 3920) 15 Sec. 20. Fund. All moneys received by the Department 16 pursuant to this Act shall be deposited in the Optometric 17 Licensing and Disciplinary Board Fund, which is hereby 18 created as a special fund in the State Treasury, and shall be 19 used only for the administration of this Act, including: (a) 20 by the Board in the exercise of its powers and performance of 21 its duties, as such use is made by the Department with full 22 consideration of all recommendations of the Board; (b) for 23 costs directly related to license renewal of persons licensed 24 under this Act; and (c) for direct and allocable indirect 25 costs related to the public purposes of the Department of 26 Professional Regulation. 27 Moneys in the Fund may be transferred to the Professions 28 Indirect Cost Fund as authorized under Section 2105-30061e29 of the Department of Professional Regulation Law (20 ILCS 30 2105/2105-300)Civil Administrative Code of Illinois. 31 Money in the Optometric Licensing and Disciplinary Board 32 Fund may be invested and reinvested, with all earnings HB0236 Engrossed -589- LRB9100031DJcdA 1 received from such investment to be deposited in the 2 Optometric Licensing and Disciplinary Board Fund and used for 3 the same purposes as fees deposited in such fund. 4 Any monies in the Optometric Examining and Disciplinary 5 Board Fund on the effective date of this Act shall be 6 transferred to the Optometric Licensing and Disciplinary 7 Board Fund. 8 Any obligations of the Optometric Examining and 9 Disciplinary Board Fund unpaid on the effective date of this 10 Act shall be paid from the Optometric Licensing and 11 Disciplinary Board Fund. 12 (Source: P.A. 89-140, eff. 1-1-96; 89-204, eff. 1-1-96; 13 89-626, eff. 8-9-96; 89-702, eff. 7-1-97.) 14 Section 5-345. The Pharmacy Practice Act of 1987 is 15 amended by changing Section 27 as follows: 16 (225 ILCS 85/27) (from Ch. 111, par. 4147) 17 Sec. 27. Fees. The following fees are not refundable. 18 (A) Certificate of pharmacy technician. 19 (1) The fee for application for a certificate of 20 registration as a pharmacy technician is $40. 21 (2) The fee for the renewal of a certificate of 22 registration as a pharmacy technician shall be calculated 23 at the rate of $25 per year. 24 (B) License as a pharmacist. 25 (1) The fee for application for a license is $75. 26 (2) In addition, applicants for any examination as 27 a registered pharmacist shall be required to pay, either 28 to the Department or to the designated testing service, a 29 fee covering the cost of determining an applicant's 30 eligibility and providing the examination. Failure to 31 appear for the examination on the scheduled date, at the 32 time and place specified, after the applicant's HB0236 Engrossed -590- LRB9100031DJcdA 1 application for examination has been received and 2 acknowledged by the Department or the designated testing 3 service, shall result in the forfeiture of the 4 examination fee. 5 (3) The fee for a license as a registered 6 pharmacist registered or licensed under the laws of 7 another state or territory of the United States is $200. 8 (4) The fee upon the renewal of a license shall be 9 calculated at the rate of $75 per year. 10 (5) The fee for the restoration of a certificate 11 other than from inactive status is $10 plus all lapsed 12 renewal fees. 13 (6) Applicants for the preliminary diagnostic 14 examination shall be required to pay, either to the 15 Department or to the designated testing service, a fee 16 covering the cost of determining an applicant's 17 eligibility and providing the examination. Failure to 18 appear for the examination on the scheduled date, at the 19 time and place specified, after the application for 20 examination has been received and acknowledged by the 21 Department or the designated testing service, shall 22 result in the forfeiture of the examination fee. 23 (7) The fee to have the scoring of an examination 24 authorized by the Department reviewed and verified is $20 25 plus any fee charged by the applicable testing service. 26 (C) License as a pharmacy. 27 (1) The fee for application for a license for a 28 pharmacy under this Act is $100. 29 (2) The fee for the renewal of a license for a 30 pharmacy under this Act shall be calculated at the rate 31 of $100 per year. 32 (3) The fee for the change of a 33 pharmacist-in-charge is $25. 34 (D) General Fees. HB0236 Engrossed -591- LRB9100031DJcdA 1 (1) The fee for the issuance of a duplicate 2 license, for the issuance of a replacement license for a 3 license that has been lost or destroyed or for the 4 issuance of a license with a change of name or address 5 other than during the renewal period is $20. No fee is 6 required for name and address changes on Department 7 records when no duplicate certification is issued. 8 (2) The fee for a certification of a registrant's 9 record for any purpose is $20. 10 (3) The fee to have the scoring of an examination 11 administered by the Department reviewed and verified is 12 $20. 13 (4) The fee for a wall certificate showing 14 licensure or registration shall be the actual cost of 15 producing the certificate. 16 (5) The fee for a roster of persons registered as 17 pharmacists or registered pharmacies in this State shall 18 be the actual cost of producing the roster. 19 (6) The fee for pharmacy licensing, disciplinary or 20 investigative records obtained pursuant to a subpoena is 21 $1 per page. 22 (E) Except as provided in subsection (F), all moneys 23 received by the Department under this Act shall be deposited 24 in the Illinois State Pharmacy Disciplinary Fund hereby 25 created in the State Treasury and shall be used only for the 26 following purposes: (a) by the State Board of Pharmacy in the 27 exercise of its powers and performance of its duties, as such 28 use is made by the Department upon the recommendations of the 29 State Board of Pharmacy, (b) for costs directly related to 30 license renewal of persons licensed under this Act, and (c) 31 for direct and allocable indirect costs related to the public 32 purposes of the Department of Professional Regulation. 33 Moneys in the Fund may be transferred to the Professions 34 Indirect Cost Fund as authorized under Section 2105-30061eHB0236 Engrossed -592- LRB9100031DJcdA 1 of the Department of Professional Regulation Law (20 ILCS 2 2105/2105-300)Civil Administrative Code of Illinois. 3 The moneys deposited in the Illinois State Pharmacy 4 Disciplinary Fund shall be invested to earn interest which 5 shall accrue to the Fund. The Department shall present to the 6 Board for its review and comment all appropriation requests 7 from the Illinois State Pharmacy Disciplinary Fund. The 8 Department shall give due consideration to any comments of 9 the Board in making appropriation requests. 10 (F) From the money received for license renewal fees, $5 11 from each pharmacist fee, and $2.50 from each pharmacy 12 technician fee, shall be set aside within the Illinois State 13 Pharmacy Disciplinary Fund for the purpose of supporting a 14 substance abuse program for pharmacists and pharmacy 15 technicians. The State Board of Pharmacy shall determine how 16 and to whom the money set aside under this subsection is 17 disbursed. 18 (G) (Blank). 19 (Source: P.A. 89-202, eff. 7-21-95; 89-204, eff. 1-1-96; 20 89-626, eff. 8-9-96; 90-372, eff. 7-1-98.) 21 Section 5-350. The Podiatric Medical Practice Act of 1987 22 is amended by changing Section 19 as follows: 23 (225 ILCS 100/19) (from Ch. 111, par. 4819) 24 Sec. 19. Disciplinary Fund. All fees and fines received 25 by the Department under this Act shall be deposited in the 26 Illinois State Podiatric Disciplinary Fund, a special fund 27 created hereunder in the State Treasury. Of the moneys 28 deposited into the Illinois State Podiatric Disciplinary 29 Fund, 15% of the money received from the payment of renewal 30 fees shall be used for podiatric scholarships and residency 31 programs under the Podiatric Scholarship and Residency Act 32 and the remainder shall be appropriated to the Department for HB0236 Engrossed -593- LRB9100031DJcdA 1 expenses of the Department and of the Podiatric Medical 2 Licensing Board and for podiatric scholarships and residency 3 programs under the Podiatric Scholarship and Residency Act. 4 Moneys in the Illinois State Podiatric Disciplinary Fund 5 may be invested and reinvested in investments authorized for 6 the investment of funds of the State Employees' Retirement 7 System of Illinois. 8 All earnings received from such investments shall be 9 deposited in the Illinois State Podiatric Disciplinary Fund 10 and may be used for the same purposes as fees deposited in 11 such fund. 12 Moneys in the Fund may be transferred to the Professions 13 Indirect Cost Fund as authorized under Section 2105-30061e14 of the Department of Professional Regulation Law (20 ILCS 15 2105/2105-300)Civil Administrative Code of Illinois. 16 Upon the completion of any audit of the Department as 17 prescribed by the Illinois State Auditing Act which includes 18 an audit of the Illinois State Podiatric Disciplinary Fund, 19 the Department shall make the audit open to inspection by any 20 interested person. 21 (Source: P.A. 89-204, eff. 1-1-96; 90-76, eff. 12-30-97; 22 90-372, eff. 7-1-98.) 23 Section 5-355. The Professional Boxing and Wrestling Act 24 is amended by changing Section 20 as follows: 25 (225 ILCS 105/20) (from Ch. 111, par. 5020) 26 Sec. 20. Stenographer; transcript. The Department, at 27 its expense, shall provide a stenographer to take down the 28 testimony and preserve a record of all proceedings at the 29 hearing of any case wherein a license or permit is subjected 30 to disciplinary action. The notice of hearing, complaint and 31 all other documents in the nature of pleadings and written 32 motions filed in the proceedings, the transcript of HB0236 Engrossed -594- LRB9100031DJcdA 1 testimony, the report of the board and the orders of the 2 Department shall be the record of the proceedings. The 3 Department shall furnish a transcript of the record to any 4 person interested in the hearing upon payment of the fee 5 required under Section 2105-11560fof the Department of 6 Professional Regulation Law (20 ILCS 2105/2105-115)Civil7Administrative Code of Illinois. 8 (Source: P.A. 87-1031.) 9 Section 5-360. The Respiratory Care Practice Act is 10 amended by changing Section 110 as follows: 11 (225 ILCS 106/110) 12 Sec. 110. Record of proceedings; transcript. The 13 Department, at its expense, shall preserve the record of all 14 proceedings at a formal hearing of any case. The notice of 15 hearing, complaint, all other documents in the nature of 16 pleadings and written motions filed in the proceedings, the 17 transcript of testimony, the report of the Board and orders 18 of the Department shall be in the record of the proceedings. 19 The Department shall furnish a transcript of the record to 20 any person interested in the hearing upon payment of the fee 21 required under Section 2105-11560fof the Department of 22 Professional Regulation Law (20 ILCS 2105/2105-115)Civil23Administrative Code of Illinois. 24 (Source: P.A. 89-33, eff. 1-1-96.) 25 Section 5-365. The Professional Counselor and Clinical 26 Professional Counselor Licensing Act is amended by changing 27 Section 95 as follows: 28 (225 ILCS 107/95) 29 Sec. 95. Record of proceedings; transcript. The 30 Department, at its expense, shall preserve a record of all HB0236 Engrossed -595- LRB9100031DJcdA 1 proceedings at the formal hearing of any case. The notice of 2 hearing, complaint, all other documents in the nature of 3 pleadings, written motions filed in the proceedings, the 4 transcript of testimony, the report of the Board and orders 5 of the Department shall be in the record of such proceeding. 6 The Department shall furnish a transcript of the record to 7 any person interested in the hearing upon payment of the fee 8 required under Section 2105-11560fof the Department of 9 Professional Regulation Law (20 ILCS 2105/2105-115)Civil10Administrative Code of Illinois. 11 (Source: P.A. 87-1011; 87-1269.) 12 Section 5-370. The Wholesale Drug Distribution Licensing 13 Act is amended by changing Section 35 as follows: 14 (225 ILCS 120/35) (from Ch. 111, par. 8301-35) 15 Sec. 35. Fees; Illinois State Pharmacy Disciplinary Fund. 16 (a) The following fees shall be imposed by the 17 Department and are not refundable. 18 (1) The fee for application for a certificate of 19 registration as a wholesale drug distributor is $200. 20 (2) The fee for the renewal of a certificate of 21 registration as a wholesale drug distributor is $200 per 22 year. 23 (3) The fee for the change of person responsible 24 for drugs is $50. 25 (4) The fee for the issuance of a duplicate license 26 to replace a license that has been lost or destroyed is 27 $25. 28 (5) The fee for certification of a registrant's 29 record for any purpose is $25. 30 (6) The fee for a roster of licensed wholesale drug 31 distributors shall be the actual cost of producing the 32 roster. HB0236 Engrossed -596- LRB9100031DJcdA 1 (7) The fee for wholesale drug distributor 2 licensing, disciplinary, or investigative records 3 obtained under subpoena is $1 per page. 4 (b) All moneys received by the Department under this Act 5 shall be deposited into the Illinois State Pharmacy 6 Disciplinary Fund in the State Treasury and shall be used 7 only for the following purposes: (i) by the State Board of 8 Pharmacy in the exercise of its powers and performance of its 9 duties, as such use is made by the Department upon the 10 recommendations of the State Board of Pharmacy, (ii) for 11 costs directly related to license renewal of persons licensed 12 under this Act, and (iii) for direct and allocable indirect 13 costs related to the public purposes of the Department of 14 Professional Regulation. Moneys in the Fund may be 15 transferred to the Professions Indirect Cost Fund as 16 authorized by Section 2105-30061eof the Department of 17 Professional Regulation Law (20 ILCS 2105/2105-300)Civil18Administrative Code of Illinois. 19 The moneys deposited into the Illinois State Pharmacy 20 Disciplinary Fund shall be invested to earn interest which 21 shall accrue to the Fund. 22 The Department shall present to the Board for its review 23 and comment all appropriation requests from the Illinois 24 State Pharmacy Disciplinary Fund. The Department shall give 25 due consideration to any comments of the Board in making 26 appropriation requests. 27 (c) Any person who delivers a check or other payment to 28 the Department that is returned to the Department unpaid by 29 the financial institution upon which it is drawn shall pay to 30 the Department, in addition to the amount already owed to the 31 Department, a fine of $50. If the check or other payment was 32 for a renewal or issuance fee and that person practices 33 without paying the renewal fee or issuance fee and the fine 34 due, an additional fine of $100 shall be imposed. The fines HB0236 Engrossed -597- LRB9100031DJcdA 1 imposed by this Section are in addition to any other 2 discipline provided under this Act for unlicensed practice or 3 practice on a nonrenewed license. The Department shall 4 notify the person that payment of fees and fines shall be 5 paid to the Department by certified check or money order 6 within 30 calendar days of the notification. If, after the 7 expiration of 30 days from the date of the notification, the 8 person has failed to submit the necessary remittance, the 9 Department shall automatically terminate the license or 10 certificate or deny the application, without hearing. If, 11 after termination or denial, the person seeks a license or 12 certificate, he or she shall apply to the Department for 13 restoration or issuance of the license or certificate and pay 14 all fees and fines due to the Department. The Department may 15 establish a fee for the processing of an application for 16 restoration of a license or certificate to pay all expenses 17 of processing this application. The Director may waive the 18 fines due under this Section in individual cases where the 19 Director finds that the fines would be unreasonable or 20 unnecessarily burdensome. 21 (d) The Department shall maintain a roster of the names 22 and addresses of all registrants and of all persons whose 23 licenses have been suspended or revoked. This roster shall 24 be available upon written request and payment of the required 25 fee. 26 (Source: P.A. 89-204, eff. 1-1-96.) 27 Section 5-375. The Illinois Architecture Practice Act of 28 1989 is amended by changing Sections 25 and 38 as follows: 29 (225 ILCS 305/25) (from Ch. 111, par. 1325) 30 Sec. 25. Stenographer; transcript. The Department, at 31 its expense, shall preserve a record of all proceedings at 32 the formal hearing of any case involving the refusal to HB0236 Engrossed -598- LRB9100031DJcdA 1 restore, issue or renew a license, or the discipline of a 2 licensee. The notice of hearing, complaint and all other 3 documents in the nature of pleadings and written motions 4 filed in the proceedings, the transcript of testimony, the 5 report of the Board and the orders of the Department shall be 6 the record of the proceedings. The Department shall furnish 7 a transcript of the record to any person interested in the 8 hearing upon payment of the fee required by Section 2105-115 960fof the Department of Professional Regulation Law (20 ILCS 10 2105/2105-115)Civil Administrative Code of Illinois. 11 (Source: P.A. 86-702; 87-1031.) 12 (225 ILCS 305/38) (from Ch. 111, par. 1338) 13 Sec. 38. Fund; appropriations; investments; audits. 14 Moneys deposited in the Design Professionals Administration 15 and Investigation Fund shall be appropriated to the 16 Department exclusively for expenses of the Department and the 17 Board in the administration of this Act, the Illinois 18 Professional Land Surveyor Act of 1989, the Professional 19 Engineering Practice Act of 1989, and the Structural 20 Engineering Licensing Act of 1989. The expenses of the 21 Department under this Act shall be limited to the ordinary 22 and contingent expenses of the Design Professionals Dedicated 23 Employees within the Department as established under Section 24 2105-7562.1of the Department of Professional Regulation Law 25 (20 ILCS 2105/2105-75)Civil Administrative Code of Illinois26 and other expenses related to the administration and 27 enforcement of this Act. 28 Moneys from the Fund may also be used for direct and 29 allocable indirect costs related to the public purposes of 30 the Department of Professional Regulation. Moneys in the 31 Fund may be transferred to the Professions Indirect Cost Fund 32 as authorized by Section 2105-30061eof the Department of 33 Professional Regulation Law (20 ILCS 2105/2105-300)CivilHB0236 Engrossed -599- LRB9100031DJcdA 1Administrative Code of Illinois. 2 All fines and penalties under Sections 22 and 36 shall be 3 deposited in the Design Professional Administration and 4 Investigation Fund. 5 Moneys in the Design Professional Administration and 6 Investigation Fund may be invested and reinvested, with all 7 earnings received from the investments to be deposited in the 8 Design Professionals Administration and Investigation Fund 9 and used for the same purposes as fees deposited in the Fund. 10 Upon the completion of any audit of the Department as 11 prescribed by the Illinois State Auditing Act that includes 12 an audit of the Design Professionals Administration and 13 Investigation Fund, the Department shall make the audit open 14 to inspection by any interested person. The copy of the 15 audit report required to be submitted to the Department by 16 this Section is an addition to copies of audit reports 17 required to be submitted to other State officers and agencies 18 by Section 3-14 of the Illinois State Auditing Act. 19 (Source: P.A. 89-204, eff. 1-1-96.) 20 Section 5-380. The Interior Design Profession Title Act 21 is amended by changing Section 30 as follows: 22 (225 ILCS 310/30) (from Ch. 111, par. 8230) 23 Sec. 30. Interior Design Administration and Investigation 24 Fund. All of the fees collected under this Act shall be 25 deposited in the Interior Design Administration and 26 Investigation Fund. The monies deposited in the Interior 27 Design Administration and Investigation Fund shall be 28 appropriated to the Department for expenses of the Department 29 and the Board in the administration of this Act. Monies in 30 the Interior Design Administration and Investigation Fund may 31 be invested and reinvested, with all earnings received from 32 such investment to be deposited in the Interior Design HB0236 Engrossed -600- LRB9100031DJcdA 1 Administration and Investigation Fund and used for the same 2 purposes as fees deposited in the Fund. 3 Moneys from the Fund may also be used for direct and 4 allocable indirect costs related to the public purposes of 5 the Department of Professional Regulation. Moneys in the 6 Fund may be transferred to the Professions Indirect Cost Fund 7 as authorized by Section 2105-30061eof the Department of 8 Professional Regulation Law (20 ILCS 2105/2105-300)Civil9Administrative Code of Illinois. 10 Upon the completion of any audit of the Department as 11 prescribed by the Illinois State Auditing Act that includes 12 an audit of the Interior Design Administration and 13 Investigation Fund, the Department shall make the audit open 14 to inspection by any interested person. The copy of the audit 15 report required to be submitted to the Department by this 16 Section is in addition to copies of audit reports required to 17 be submitted to other State officers and agencies by Section 18 3-14 of the Illinois State Auditing Act. 19 (Source: P.A. 89-204, eff. 1-1-96.) 20 Section 5-385. The Illinois Landscape Architecture Act of 21 1989 is amended by changing Sections 15 and 20 as follows: 22 (225 ILCS 315/15) (from Ch. 111, par. 8115) 23 Sec. 15. Disposition of funds. All of the fees 24 collected pursuant to this Act shall be deposited in the 25 Landscape Architects' Administration and Investigation Fund. 26 The monies deposited in the Landscape Architects' 27 Administration and Investigation Fund shall be appropriated 28 to the Department for expenses of the Department in the 29 administration of this Act. 30 Moneys from the Fund may also be used for direct and 31 allocable indirect costs related to the public purposes of 32 the Department of Professional Regulation. Moneys in the HB0236 Engrossed -601- LRB9100031DJcdA 1 Fund may be transferred to the Professions Indirect Cost Fund 2 as authorized by Section 2105-30061eof the Department of 3 Professional Regulation Law (20 ILCS 2105/2105-300)Civil4Administrative Code of Illinois. 5 Money deposited in the Landscape Architects' 6 Administration and Investigation Fund pursuant to this 7 Section may be invested and reinvested, with all earnings 8 received from such investment to be deposited in the 9 Landscape Architects' Administration and Investigation Fund 10 and used for the same purposes as fees deposited in such 11 fund. 12 (Source: P.A. 89-204, eff. 1-1-96.) 13 (225 ILCS 315/20) (from Ch. 111, par. 8120) 14 Sec. 20. Record of proceedings; transcript. The 15 Department, at its expense, shall preserve a record of all 16 proceedings at the formal hearing of any case involving the 17 refusal to restore, issue or renew a license, or the 18 discipline of a licensee. The notice of hearing, complaint 19 and all other documents in the nature of pleadings and 20 written motions filed in the proceedings, the transcript of 21 testimony, the report of the Board and the orders of the 22 Department shall be the record of the proceedings. The 23 Department shall furnish a transcript of the record to any 24 person interested in the hearing upon payment of the fee 25 required under Section 2105-11560fof the Department of 26 Professional Regulation Law (20 ILCS 2105/2105-115)Civil27Administrative Code of Illinois. 28 (Source: P.A. 87-1031; 88-363.) 29 Section 5-390. The Professional Engineering Practice Act 30 of 1989 is amended by changing Sections 27 and 44 as 31 follows: HB0236 Engrossed -602- LRB9100031DJcdA 1 (225 ILCS 325/27) (from Ch. 111, par. 5227) 2 Sec. 27. Stenographer; transcript. The Department, at 3 its expense, shall preserve a record of all proceedings at 4 the formal hearing of any case involving the refusal to 5 issue, restore or renew a license or otherwise discipline a 6 registrant. The notice of hearing, complaint and all other 7 documents in the nature of pleadings and written motions 8 filed in the proceedings, the transcript of testimony, the 9 report of the Board and orders of the Department shall be in 10 the record of the proceeding. The Department shall furnish a 11 transcript of the record to any person interested in the 12 hearing upon payment of the fee required under Section 13 2105-11560fof the Department of Professional Regulation Law 14 (20 ILCS 2105/2105-115)Civil Administrative Code of Illinois15. 16 (Source: P.A. 86-667; 87-1031.) 17 (225 ILCS 325/44) (from Ch. 111, par. 5244) 18 Sec. 44. Fund; appropriations; investments; audits. 19 Moneys deposited in the Design Professionals Administration 20 and Investigation Fund shall be appropriated to the 21 Department exclusively for expenses of the Department and the 22 Board in the administration of this Act, the Illinois 23 Professional Land Surveyor Act of 1989, the Illinois 24 Architecture Practice Act, and the Structural Engineering 25 Licensing Act of 1989. The expenses of the Department under 26 this Act shall be limited to the ordinary and contingent 27 expenses of the Design Professionals Dedicated Employees 28 within the Department as established under Section 2105-75 2962.1of the Department of Professional Regulation Law (20 30 ILCS 2105/2105-75)Civil Administrative Code of Illinoisand 31 other expenses related to the administration and enforcement 32 of this Act. 33 Moneys from the Fund may also be used for direct and HB0236 Engrossed -603- LRB9100031DJcdA 1 allocable indirect costs related to the public purposes of 2 the Department of Professional Regulation. Moneys in the 3 Fund may be transferred to the Professions Indirect Cost Fund 4 as authorized by Section 2105-30061eof the Department of 5 Professional Regulation Law (20 ILCS 2105/2105-300)Civil6Administrative Code of Illinois. 7 Moneys in the Design Professionals Administration and 8 Investigation Fund may be invested and reinvested with all 9 earnings received from the investments to be deposited in the 10 Design Professionals Administration and Investigation Fund 11 and used for the same purposes as fees deposited in the Fund. 12 All fines and penalties under Section 24 and Section 39 13 shall be deposited in the Design Professionals Administration 14 and Investigation Fund. 15 Upon the completion of any audit of the Department as 16 prescribed by the Illinois State Auditing Act that audit 17 includes an audit of the Design Professionals Administration 18 and Investigation Fund, the Department shall make the audit 19 report open to inspection by any interested person. The copy 20 of the audit report required to be submitted to the 21 Department by this Section is in addition to copies of audit 22 reports required to be submitted to other State officers and 23 agencies by Section 3-14 of the Illinois State Auditing Act. 24 (Source: P.A. 89-204, eff. 1-1-96.) 25 Section 5-395. The Illinois Professional Land Surveyor 26 Act of 1989 is amended by changing Sections 30 and 48 as 27 follows: 28 (225 ILCS 330/30) (from Ch. 111, par. 3280) 29 Sec. 30. Stenographer; transcript. The Department, at 30 its expense, shall provide a stenographer to take down the 31 testimony and preserve a record of all proceedings at the 32 hearing of any case where a license is revoked, suspended, or HB0236 Engrossed -604- LRB9100031DJcdA 1 other disciplinary action is taken. The notice of hearing, 2 complaint and all other documents in the nature of pleadings 3 and written motions filed in the proceedings, the transcript 4 of testimony, the report of the Board and the orders of the 5 Department shall be the record of the proceedings. The 6 Department shall furnish a transcript of the record to any 7 person interested in the hearing upon payment of the fee 8 required under Section 2105-11560fof the Department of 9 Professional Regulation Law (20 ILCS 2105/2105-115)Civil10Administrative Code of Illinois. 11 (Source: P.A. 86-987; 87-1031.) 12 (225 ILCS 330/48) (from Ch. 111, par. 3298) 13 Sec. 48. Fund, appropriations, investments and audits. 14 The moneys deposited in the Design Professionals 15 Administration and Investigation Fund from fines and fees 16 under this Act shall be appropriated to the Department 17 exclusively for expenses of the Department and the Board in 18 the administration of this Act, the Illinois Architecture 19 Practice Act, the Professional Engineering Practice Act of 20 1989, and the Structural Engineering Licensing Act of 1989. 21 The expenses of the Department under this Act shall be 22 limited to the ordinary and contingent expenses of the Design 23 Professionals Dedicated Employees within the Department as 24 established under Section 2105-7562.1of the Department of 25 Professional Regulation Law (20 ILCS 2105/2105-75)Civil26Administrative Code of Illinoisand other expenses related to 27 the administration and enforcement of this Act. 28 Moneys from the Fund may also be used for direct and 29 allocable indirect costs related to the public purposes of 30 the Department of Professional Regulation. Moneys in the 31 Fund may be transferred to the Professions Indirect Cost Fund 32 as authorized by Section 2105-30061eof the Department of 33 Professional Regulation Law (20 ILCS 2105/2105-300)CivilHB0236 Engrossed -605- LRB9100031DJcdA 1Administrative Code of Illinois. 2 Moneys in the Design Professionals Administration and 3 Investigation Fund may be invested and reinvested with all 4 earnings received from the investments to be deposited in the 5 Design Professionals Administration and Investigation Fund 6 and used for the same purposes as fees deposited in that 7 Fund. 8 Upon the completion of any audit of the Department as 9 prescribed by the Illinois State Auditing Act that includes 10 an audit of the Design Professionals Administration and 11 Investigation Fund, the Department shall make the audit open 12 to inspection by any interested person. The copy of the 13 audit report required to be submitted to the Department by 14 this Section is in addition to copies of audit reports 15 required to be submitted to other State officers and agencies 16 by Section 3-14 of the Illinois State Auditing Act. 17 (Source: P.A. 89-204, eff. 1-1-96.) 18 Section 5-400. The Illinois Roofing Industry Licensing 19 Act is amended by changing Section 9.2 as follows: 20 (225 ILCS 335/9.2) (from Ch. 111, par. 7509.2) 21 Sec. 9.2. The Department, at its expense, shall preserve 22 a record of all proceedings at the formal hearing of any 23 case. The notice of hearing, complaint and all other 24 documents in the nature of pleadings and written motions 25 filed in the proceedings, the transcript of testimony, the 26 report of the hearing officer and order of the Department 27 shall be the record of such proceeding. The Department shall 28 furnish a transcript of the record to any person interested 29 in the hearing upon payment of the fee required under Section 30 2105-11560fof the Department of Professional Regulation Law 31 (20 ILCS 2105/2105-115)Civil Administrative Code of Illinois32. HB0236 Engrossed -606- LRB9100031DJcdA 1 (Source: P.A. 89-387, eff. 1-1-96.) 2 Section 5-405. The Structural Engineering Licensing Act 3 of 1989 is amended by changing Sections 23 and 36 as follows: 4 (225 ILCS 340/23) (from Ch. 111, par. 6623) 5 Sec. 23. Record; transcript. The Department, at its 6 expense, shall preserve a record of all proceedings at the 7 formal hearing of any case involving the refusal to issue, 8 restore or renew a license or the discipline of a licensee. 9 The notice of hearing, complaint and all other documents in 10 the nature of pleadings and written motions filed in the 11 proceedings, the transcript of testimony, the report of the 12 Board and the orders of the Department shall be the record of 13 the proceedings. The Department shall furnish a transcript of 14 the record to any person interested in the hearing upon 15 payment of the fee required under Section 2105-11560fof the 16 Department of Professional Regulation Law (20 ILCS 17 2105/2105-115)Civil Administrative Code of Illinois. 18 (Source: P.A. 86-711; 87-1031.) 19 (225 ILCS 340/36) (from Ch. 111, par. 6636) 20 Sec. 36. Fund; appropriations; investments; audits. 21 Moneys collected under this Act and deposited in the Design 22 Professionals Administration and Investigation Fund shall be 23 appropriated to the Department exclusively for expenses of 24 the Department and the Board in the administration of this 25 Act, the Illinois Professional Land Surveyor Act of 1989, the 26 Professional Engineering Practice Act of 1989, and the 27 Illinois Architecture Practice Act. The expenses of the 28 Department under this Act shall be limited to the ordinary 29 and contingent expenses of the Design Professionals Dedicated 30 Employees within the Department as established under Section 31 2105-7562.1of the Department of Professional Regulation Law HB0236 Engrossed -607- LRB9100031DJcdA 1 (20 ILCS 2105/2105-75)Civil Administrative Code of Illinois2 and other expenses related to the administration and 3 enforcement of this Act. 4 Moneys from the Fund may also be used for direct and 5 allocable indirect costs related to the public purposes of 6 the Department of Professional Regulation. Moneys in the 7 Fund may be transferred to the Professions Indirect Cost Fund 8 as authorized by Section 2105-30061eof the Department of 9 Professional Regulation Law (20 ILCS 2105/2105-300)Civil10Administrative Code of Illinois. 11 Moneys in the Design Professionals Administration and 12 Investigation Fund may be invested and reinvested, with all 13 earnings received from the investments to be deposited in the 14 Design Professionals Administration and Investigation Fund 15 and used for the same purposes as fees deposited in the Fund. 16 All fines and penalties under Sections 20 and 34 shall be 17 deposited in the Design Professionals Administration and 18 Investigation Fund. 19 Upon the completion of any audit of the Department, as 20 prescribed by the Illinois State Auditing Act, that includes 21 an audit of the Design Professionals Administration and 22 Investigation Fund, the Department shall make the audit open 23 to inspection by any interested person. The copy of the 24 audit report required to be submitted to the Department by 25 this Section is in addition to copies of audit reports 26 required to be submitted to other State officers and agencies 27 by Section 3-14 of the Illinois State Auditing Act. 28 (Source: P.A. 89-204, eff. 1-1-96.) 29 Section 5-410. The Collection Agency Act is amended by 30 changing Section 17 as follows: 31 (225 ILCS 425/17) 32 Sec. 17. Record of hearing. The Department, at its HB0236 Engrossed -608- LRB9100031DJcdA 1 expense, shall preserve a record of all proceedings at the 2 formal hearing of any case. The notice of hearing, 3 complaint, and other documents in the nature of pleadings and 4 written motions filed in the proceedings, the transcript of 5 testimony, the report of the Board, and orders of the 6 Department shall be in the record of the proceedings. The 7 Department shall furnish a transcript of the record to any 8 person interested in the hearing upon payment of the fee 9 required under Section 2105-11560fof the Department of 10 Professional Regulation Law (20 ILCS 2105/2105-115)Civil11Administrative Code of Illinois. 12 (Source: P.A. 89-387, eff. 1-1-96.) 13 Section 5-415. The Detection of Deception Examiners Act 14 is amended by changing Section 18 as follows: 15 (225 ILCS 430/18) (from Ch. 111, par. 2419) 16 Sec. 18. Stenographer; transcript; Committee report. The 17 Department, at its expense, shall provide a stenographer to 18 take down the testimony and preserve a record of all 19 proceedings at the hearing of any case involving the refusal 20 to issue or the suspension or revocation of a license. The 21 notice of hearing, complaint and all other documents in the 22 nature of pleadings and written motions filed in the 23 proceedings, the transcript of testimony, the report of the 24 Committee and orders of the Department shall be the records 25 of the proceedings. The Department shall furnish a transcript 26 of the record to any person or persons interested in the 27 hearing upon the payment of the fee required under Section 28 2105-11560fof the Department of Professional Regulation Law 29 (20 ILCS 2105/2105-115)Civil Administrative Code of Illinois30. 31 In any case involving the refusal to issue or the 32 suspension or revocation of a license, a copy of the HB0236 Engrossed -609- LRB9100031DJcdA 1 Committee's report shall be served upon the respondent by the 2 Department, either personally or by registered or certified 3 mail as provided in this Act for the service of the notice of 4 hearing. Within 20 days after service, the respondent may 5 present to the Department a motion in writing for a 6 rehearing, which shall specify the particular grounds for 7 rehearing. If no motion for rehearing is filed, then upon the 8 expiration of the time specified for filing a motion, or if a 9 motion for rehearing is denied, then upon denial the Director 10 may enter an order in accordance with recommendations of the 11 Committee. If the respondent shall order and pay for a 12 transcript of the record within the time for filing a motion 13 for rehearing, the 20 day period within which a motion may be 14 filed shall commence upon the delivery of the transcript to 15 the respondent. 16 (Source: P.A. 87-1031.) 17 Section 5-420. The Illinois Public Accounting Act is 18 amended by changing Section 32 as follows: 19 (225 ILCS 450/32) (from Ch. 111, par. 5537) 20 Sec. 32. All moneys received by the Department under 21 this Act shall be deposited into the Registered Certified 22 Public Accountants' Administration and Disciplinary Fund, 23 which is hereby created as a special fund in the State 24 Treasury. The funds in the account shall be used by the 25 Department, as appropriated, exclusively for expenses of the 26 Department and the Public Accountants' Registration Committee 27 in the administration of this Act. 28 Moneys in the Registered Certified Public Accountants' 29 Administration and Disciplinary Fund may be invested and 30 reinvested, with all earnings received from the investments 31 to be deposited into the Registered Certified Public 32 Accountants' Administration and Disciplinary Fund. HB0236 Engrossed -610- LRB9100031DJcdA 1 Moneys from the Fund may also be used for direct and 2 allocable indirect costs related to the public purposes of 3 the Department of Professional Regulation. Moneys in the 4 Fund may be transferred to the Professions Indirect Cost Fund 5 as authorized by Section 2105-30061eof the Department of 6 Professional Regulation Law (20 ILCS 2105/2105-300)Civil7Administrative Code of Illinois. 8 (Source: P.A. 89-204, eff. 1-1-96.) 9 Section 5-430. The Illinois Feeder Swine Dealer Licensing 10 Act is amended by changing Section 16 as follows: 11 (225 ILCS 620/16) (from Ch. 111, par. 216) 12 Sec. 16. Each licensee hereunder, except persons licensed 13 under the Livestock Auction Market Law as now or hereafter 14 amended, shall file with the Department a bond in the amount 15 of $5,000, with the licensee as principal and a surety 16 company authorized to do business in Illinois as surety, 17 conditioned on the performance by such licensee of all duties 18 required by law of a feeder swine dealer. Such bond shall 19 provide that it may not be cancelled without 30 days written 20 notice of termination to the Department prior to the 21 effective date of such termination. 22 Instead of filing a bond, a licensee may deliver to the 23 Department a trust fund agreement showing he has deposited 24 with a bank or trust company either $5,000 in cash or 25 securities endorsed in blank by the owner thereof and having 26 a fair market value of at least $5,000. The form of the 27 trust fund agreement shall be prescribed by the Department. 28 The trust fund agreement shall be subject to the same 29 conditions as would the bond described in this Section. A 30 licensee desiring to terminate a trust fund agreement shall 31 submit to the Director a written request to do so. The trust 32 fund agreement shall terminate within 30 days after the HB0236 Engrossed -611- LRB9100031DJcdA 1 Director's receipt of the request unless the Director 2 notifies the licensee of his objection to the termination. 3 The Director shall object to the termination of the trust 4 fund agreement where the possibility exists that an 5 obligation covered by the agreement might go unsatisfied. 6 The Director of Agriculture as trustee of the bond or the 7 trust fund described in this Section shall have the 8 authorities granted him in Section 205-41040.23of the 9 Department of Agriculture Law (20 ILCS 205/205-410)Civil10Administrative Code of Illinoisand the rules adopted 11 pursuant thereto. 12 (Source: P.A. 83-760.) 13 Section 5-435. The Illinois Livestock Dealer Licensing 14 Act is amended by changing Section 2 as follows: 15 (225 ILCS 645/2) (from Ch. 111, par. 402) 16 Sec. 2. Necessity of license. No person shall engage in 17 the business of a livestock dealer in this State without a 18 license therefor issued by the Department. 19 A "commission firm" may be exempt from this Act if: it is 20 registered under the "Slaughter Livestock Buyers Act" as a 21 "slaughter livestock broker"; it requires all purchasers of 22 livestock to pay for such livestock before the close of the 23 next business day; it is a commission firm on a public 24 stockyard (St. Louis National Stockyards and Peoria Union 25 Stockyards); it buys or sells slaughter livestock on 26 commission basis only; it does business only on a named 27 public stockyard; and it has a bond on file with the United 28 States Department of Agriculture, Packers and Stockyards, 29 Agricultural Marketing Service, or any successor agency, in 30 an amount and conditioned upon such terms as meets the 31 conditions of Sections 201.30 and 201.31 of regulations 32 issued under the "Packers and Stockyards Act, 1921", as HB0236 Engrossed -612- LRB9100031DJcdA 1 amended. A duplicate original of such bond filed with the 2 Department will meet the bond requirements of this Act, and 3 such bond shall be the State bond. The Director shall be 4 named as trustee in such bond and the Department shall be 5 named to receive a 30-day notice of cancellation. The 6 Director as trustee of the bond shall have the authorities 7 granted him in Section 205-41040.23of the Department of 8 Agriculture Law (20 ILCS 205/205-410)Civil Administrative9Codeand the rules adopted pursuant thereto. 10 (Source: P.A. 89-154, eff. 7-19-95.) 11 Section 5-440. The Slaughter Livestock Buyers Act is 12 amended by changing Section 4.1 as follows: 13 (225 ILCS 655/4.1) (from Ch. 111, par. 505) 14 Sec. 4.1. The Director shall be named as trustee on any 15 bond required of any person subject to the Packers and 16 Stockyards Act of 1921, as amended in 1976, if the home 17 office or headquarters of that person is located within this 18 State. The Director shall have the authorities granted him 19 in Section 205-41040.23of"the Department of Agriculture 20 Law (20 ILCS 205/205-410)Civil Administrative Code of21Illinois"and the rules adopted pursuant thereto. 22 (Source: P.A. 81-195.) 23 Section 5-443. The Coal Mining Act is amended by 24 changing Section 1.15 as follows: 25 (225 ILCS 705/1.15) (from Ch. 96 1/2, par. 265) 26 Sec. 1.15. "Mining Board" or "Board" means the State 27 Mining Board in the Department of Natural Resources, Office 28 of Mines and Minerals, created by Section 5-1555.04of the 29 Departments of State Government Law (20 ILCS 5/5-155)Civil30Administrative Code of Illinois. HB0236 Engrossed -613- LRB9100031DJcdA 1 (Source: P.A. 89-445, eff. 2-7-96.) 2 Section 5-444. The Fluorspar and Underground Limestone 3 Mines Act is amended by changing Section 3 as follows: 4 (225 ILCS 710/3) (from Ch. 96 1/2, par. 4204) 5 Sec. 3. Office of Inspector of Mines. The Office of 6 Inspector of Mines as created by this Act shall be under the 7 jurisdiction of the Department of Natural Resources to the 8 same purport and effect as all other mining operations 9 provided for by law, unless otherwise provided. The 10 Inspector of Mines appointed hereunder shall keep an office 11 within and as a part of the office of the Director of the 12 Office of Mines and Minerals, and whose necessary employees 13 shall be employed and paid in the same manner as is provided 14 for the employment and pay of the necessary employees of the 15 State departments under the Civil Administrative Code of 16 Illinois, and as is provided in Section 5-64520of the 17 Departments of State Government Law (20 ILCS 5/5-645Civil18Administrative Code of Illinois. 19 (Source: P.A. 89-445, eff. 2-7-96.) 20 Section 5-445. The Professional Geologist Licensing Act 21 is amended by changing Section 95 as follows: 22 (225 ILCS 745/95) 23 Sec. 95. Record of proceedings; transcript. The 24 Department, at its expense, shall preserve a record of all 25 proceedings at the formal hearing of any case. The notice of 26 hearing, complaint, all other documents in the nature of 27 pleadings, written motions filed in the proceedings, the 28 transcripts of testimony, the report of the Board, and orders 29 of the Department shall be in the record of the proceeding. 30 The Department shall furnish a transcript of such record to HB0236 Engrossed -614- LRB9100031DJcdA 1 any person interested in such hearing upon payment of the fee 2 required under Section 2105-11560fof the Department of 3 Professional Regulation Law (20 ILCS 2105/2105-115)Civil4Administrative Code of Illinois. 5 (Source: P.A. 89-366, eff. 7-1-96.) 6 Section 5-450. The Illinois Horse Racing Act of 1975 is 7 amended by changing Sections 9, 28, and 31 as follows: 8 (230 ILCS 5/9) (from Ch. 8, par. 37-9) 9 Sec. 9. The Board shall have all powers necessary and 10 proper to fully and effectively execute the provisions of 11 this Act, including, but not limited to, the following: 12 (a) The Board is vested with jurisdiction and 13 supervision over all race meetings in this State, over all 14 licensees doing business in this State, over all occupation 15 licensees, and over all persons on the facilities of any 16 licensee. Such jurisdiction shall include the power to issue 17 licenses to the Illinois Department of Agriculture 18 authorizing the pari-mutuel system of wagering on harness and 19 Quarter Horse races held (1) at the Illinois State Fair in 20 Sangamon County, and (2) at the DuQuoin State Fair in Perry 21 County. The jurisdiction of the Board shall also include the 22 power to issue licenses to county fairs which are eligible to 23 receive funds pursuant to the Agricultural Fair Act, as now 24 or hereafter amended, or their agents, authorizing the 25 pari-mutuel system of wagering on horse races conducted at 26 the county fairs receiving such licenses. Such licenses 27 shall be governed by subsection (n) of this Section. 28 Upon application, the Board shall issue a license to the 29 Illinois Department of Agriculture to conduct harness and 30 Quarter Horse races at the Illinois State Fair and at the 31 DuQuoin State Fairgrounds during the scheduled dates of each 32 fair. The Board shall not require and the Department of HB0236 Engrossed -615- LRB9100031DJcdA 1 Agriculture shall be exempt from the requirements of Sections 2 15.3, 18 and 19, paragraphs (a)(2), (b), (c), (d), (e), 3 (e-5), (e-10), (f), (g), and (h) of Section 20, and Sections 4 21, 24 and 25. The Board and the Department of Agriculture 5 may extend any or all of these exemptions to any contractor 6 or agent engaged by the Department of Agriculture to conduct 7 its race meetings when the Board determines that this would 8 best serve the public interest and the interest of horse 9 racing. 10 Notwithstanding any provision of law to the contrary, it 11 shall be lawful for any licensee to operate pari-mutuel 12 wagering or contract with the Department of Agriculture to 13 operate pari-mutuel wagering at the DuQuoin State Fairgrounds 14 or for the Department to enter into contracts with a 15 licensee, employ its owners, employees or agents and employ 16 such other occupation licensees as the Department deems 17 necessary in connection with race meetings and wagerings. 18 (b) The Board is vested with the full power to 19 promulgate reasonable rules and regulations for the purpose 20 of administering the provisions of this Act and to prescribe 21 reasonable rules, regulations and conditions under which all 22 horse race meetings or wagering in the State shall be 23 conducted. Such reasonable rules and regulations are to 24 provide for the prevention of practices detrimental to the 25 public interest and to promote the best interests of horse 26 racing and to impose penalties for violations thereof. 27 (c) The Board, and any person or persons to whom it 28 delegates this power, is vested with the power to enter the 29 facilities and other places of business of any licensee to 30 determine whether there has been compliance with the 31 provisions of this Act and its rules and regulations. 32 (d) The Board, and any person or persons to whom it 33 delegates this power, is vested with the authority to 34 investigate alleged violations of the provisions of this Act, HB0236 Engrossed -616- LRB9100031DJcdA 1 its reasonable rules and regulations, orders and final 2 decisions; the Board shall take appropriate disciplinary 3 action against any licensee or occupation licensee for 4 violation thereof or institute appropriate legal action for 5 the enforcement thereof. 6 (e) The Board, and any person or persons to whom it 7 delegates this power, may eject or exclude from any race 8 meeting or the facilities of any licensee, or any part 9 thereof, any occupation licensee or any other individual 10 whose conduct or reputation is such that his presence on 11 those facilities may, in the opinion of the Board, call into 12 question the honesty and integrity of horse racing or 13 wagering or interfere with the orderly conduct of horse 14 racing or wagering; provided, however, that no person shall 15 be excluded or ejected from the facilities of any licensee 16 solely on the grounds of race, color, creed, national origin, 17 ancestry, or sex. The power to eject or exclude an 18 occupation licensee or other individual may be exercised for 19 just cause by the licensee or the Board, subject to 20 subsequent hearing by the Board as to the propriety of said 21 exclusion. 22 (f) The Board is vested with the power to acquire, 23 establish, maintain and operate (or provide by contract to 24 maintain and operate) testing laboratories and related 25 facilities, for the purpose of conducting saliva, blood, 26 urine and other tests on the horses run or to be run in any 27 horse race meeting and to purchase all equipment and supplies 28 deemed necessary or desirable in connection with any such 29 testing laboratories and related facilities and all such 30 tests. 31 (g) The Board may require that the records, including 32 financial or other statements of any licensee or any person 33 affiliated with the licensee who is involved directly or 34 indirectly in the activities of any licensee as regulated HB0236 Engrossed -617- LRB9100031DJcdA 1 under this Act to the extent that those financial or other 2 statements relate to such activities be kept in such manner 3 as prescribed by the Board, and that Board employees shall 4 have access to those records during reasonable business 5 hours. Within 120 days of the end of its fiscal year, each 6 licensee shall transmit to the Board an audit of the 7 financial transactions and condition of the licensee's total 8 operations. All audits shall be conducted by certified 9 public accountants. Each certified public accountant must be 10 registered in the State of Illinois under the Illinois Public 11 Accounting Act. The compensation for each certified public 12 accountant shall be paid directly by the licensee to the 13 certified public accountant. A licensee shall also submit 14 any other financial or related information the Board deems 15 necessary to effectively administer this Act and all rules, 16 regulations, and final decisions promulgated under this Act. 17 (h) The Board shall name and appoint in the manner 18 provided by the rules and regulations of the Board: an 19 Executive Director; a State director of mutuels; State 20 veterinarians and representatives to take saliva, blood, 21 urine and other tests on horses; licensing personnel; revenue 22 inspectors; and State seasonal employees (excluding admission 23 ticket sellers and mutuel clerks). All of those named and 24 appointed as provided in this subsection shall serve during 25 the pleasure of the Board; their compensation shall be 26 determined by the Board and be paid in the same manner as 27 other employees of the Board under this Act. 28 (i) The Board shall require that there shall be 3 29 stewards at each horse race meeting, at least 2 of whom shall 30 be named and appointed by the Board. Stewards appointed or 31 approved by the Board, while performing duties required by 32 this Act or by the Board, shall be entitled to the same 33 rights and immunities as granted to Board members and Board 34 employees in Section 10 of this Act. HB0236 Engrossed -618- LRB9100031DJcdA 1 (j) The Board may discharge any Board employee who fails 2 or refuses for any reason to comply with the rules and 3 regulations of the Board, or who, in the opinion of the 4 Board, is guilty of fraud, dishonesty or who is proven to be 5 incompetent. The Board shall have no right or power to 6 determine who shall be officers, directors or employees of 7 any licensee, or their salaries except the Board may, by 8 rule, require that all or any officials or employees in 9 charge of or whose duties relate to the actual running of 10 races be approved by the Board. 11 (k) The Board is vested with the power to appoint 12 delegates to execute any of the powers granted to it under 13 this Section for the purpose of administering this Act and 14 any rules or regulations promulgated in accordance with this 15 Act. 16 (l) The Board is vested with the power to impose civil 17 penalties of up to $5,000 against an individual and up to 18 $10,000 against a licensee for each violation of any 19 provision of this Act, any rules adopted by the Board, any 20 order of the Board or any other action which, in the Board's 21 discretion, is a detriment or impediment to horse racing or 22 wagering. 23 (m) The Board is vested with the power to prescribe a 24 form to be used by licensees as an application for employment 25 for employees of each licensee. 26 (n) The Board shall have the power to issue a license to 27 any county fair, or its agent, authorizing the conduct of the 28 pari-mutuel system of wagering. The Board is vested with the 29 full power to promulgate reasonable rules, regulations and 30 conditions under which all horse race meetings licensed 31 pursuant to this subsection shall be held and conducted, 32 including rules, regulations and conditions for the conduct 33 of the pari-mutuel system of wagering. The rules, 34 regulations and conditions shall provide for the prevention HB0236 Engrossed -619- LRB9100031DJcdA 1 of practices detrimental to the public interest and for the 2 best interests of horse racing, and shall prescribe penalties 3 for violations thereof. Any authority granted the Board 4 under this Act shall extend to its jurisdiction and 5 supervision over county fairs, or their agents, licensed 6 pursuant to this subsection. However, the Board may waive 7 any provision of this Act or its rules or regulations which 8 would otherwise apply to such county fairs or their agents. 9 (o) Whenever the Board is authorized or required by law 10 to consider some aspect of criminal history record 11 information for the purpose of carrying out its statutory 12 powers and responsibilities, then, upon request and payment 13 of fees in conformance with the requirements ofsubsection 2214ofSection 2605-40055aof the Department of State Police Law 15 (20 ILCS 2605/2605-400)Civil Administrative Code of Illinois16, the Department of State Police is authorized to furnish, 17 pursuant to positive identification, such information 18 contained in State files as is necessary to fulfill the 19 request. 20 (p) To insure the convenience, comfort, and wagering 21 accessibility of race track patrons, to provide for the 22 maximization of State revenue, and to generate increases in 23 purse allotments to the horsemen, the Board shall require any 24 licensee to staff the pari-mutuel department with adequate 25 personnel. 26 (Source: P.A. 88-82; 88-495; 88-670, eff. 12-2-94; 89-16, 27 eff. 5-30-95.) 28 (230 ILCS 5/28) (from Ch. 8, par. 37-28) 29 Sec. 28. Except as provided in subsection (g) of Section 30 27 of this Act, moneys collected shall be distributed 31 according to the provisions of this Section 28. 32 (a) Thirty per cent of the total of all monies received 33 by the State as privilege taxes shall be paid into the HB0236 Engrossed -620- LRB9100031DJcdA 1 Metropolitan Fair and Exposition Authority Reconstruction 2 Fund in the State treasury until such Fund contains 3 sufficient money to pay in full, both principal and interest, 4 all of the outstanding bonds issued pursuant to the Fair and 5 Exposition Authority Reconstruction Act, approved July 31, 6 1967, as amended, and thereafter shall be paid into the 7 Metropolitan Exposition Auditorium and Office Building Fund 8 in the State Treasury. 9 (b) Four and one-half per cent of the total of all 10 monies received by the State as privilege taxes shall be paid 11 into the State treasury into a special Fund to be known as 12 the "Metropolitan Exposition, Auditorium, and Office Building 13 Fund". 14 (c) Fifty per cent of the total of all monies received 15 by the State as privilege taxes under the provisions of this 16 Act shall be paid into the "Agricultural Premium Fund". 17 (d) Seven per cent of the total of all monies received 18 by the State as privilege taxes shall be paid into the Fair 19 and Exposition Fund in the State treasury; provided, however, 20 that when all bonds issued prior to July 1, 1984 by the 21 Metropolitan Fair and Exposition Authority shall have been 22 paid or payment shall have been provided for upon a refunding 23 of those bonds, thereafter 1/12 of $1,665,662 of such monies 24 shall be paid each month into the Build Illinois Fund, and 25 the remainder into the Fair and Exposition Fund. All excess 26 monies shall be allocated to the Department of Agriculture 27 for distribution to county fairs for premiums and 28 rehabilitation as set forth in the Agricultural Fair Act. 29 (e) The monies provided for in Section 30 shall be paid 30 into the Illinois Thoroughbred Breeders Fund. 31 (f) The monies provided for in Section 31 shall be paid 32 into the Illinois Standardbred Breeders Fund. 33 (g) That part representing 1/2 of the total breakage in 34 Thoroughbred, Harness, Appaloosa, Arabian, and Quarter Horse HB0236 Engrossed -621- LRB9100031DJcdA 1 racing in the State shall be paid into the "Illinois Race 2 Track Improvement Fund" as established in Section 32. 3 (h) All other monies received by the Board under this 4 Act shall be paid into the General Revenue Fund of the State. 5 (i) The salaries of the Board members, secretary, 6 stewards, directors of mutuels, veterinarians, 7 representatives, accountants, clerks, stenographers, 8 inspectors and other employees of the Board, and all expenses 9 of the Board incident to the administration of this Act, 10 including, but not limited to, all expenses and salaries 11 incident to the taking of saliva and urine samples in 12 accordance with the rules and regulations of the Board shall 13 be paid out of the Agricultural Premium Fund. 14 (j) The Agricultural Premium Fund shall also be used: 15 (1) for the expenses of operating the Illinois 16 State Fair and the DuQuoin State Fair, including the 17 payment of prize money or premiums; 18 (2) for the distribution to county fairs, 19 vocational agriculture section fairs, agricultural 20 societies, and agricultural extension clubs in accordance 21 with the "Agricultural Fair Act", as amended; 22 (3) for payment of prize monies and premiums 23 awarded and for expenses incurred in connection with the 24 International Livestock Exposition and the Mid-Continent 25 Livestock Exposition held in Illinois, which premiums, 26 and awards must be approved, and paid by the Illinois 27 Department of Agriculture; 28 (4) for personal service of county agricultural 29 advisors and county home advisors; 30 (5) for distribution to agricultural home economic 31 extension councils in accordance with "An Act in relation 32 to additional support and finance for the Agricultural 33 and Home Economic Extension Councils in the several 34 counties in this State and making an appropriation HB0236 Engrossed -622- LRB9100031DJcdA 1 therefor", approved July 24, 1967, as amended; 2 (6) for research on equine disease, including a 3 development center therefor; 4 (7) for training scholarships for study on equine 5 diseases to students at the University of Illinois 6 College of Veterinary Medicine; 7 (8) for the rehabilitation, repair and maintenance 8 of the Illinois and DuQuoin State Fair Grounds and the 9 structures and facilities thereon and the construction of 10 permanent improvements on such Fair Grounds, including 11 such structures, facilities and property located on such 12 State Fair Grounds which are under the custody and 13 control of the Department of Agriculture; 14 (9) for the expenses of the Department of 15 Agriculture under Section 5-5306.01aof"the Departments 16 of State Government Law (20 ILCS 5/5-530)Civil17Administrative Code of Illinois", as amended; 18 (10) for the expenses of the Department of Commerce 19 and Community Affairs under Sections 605-620, 605-625, 20 and 605-630 of the Department of Commerce and Community 21 Affairs Law (20 ILCS 605/605-620, 605/605-625, and 22 605/605-630)6.18a, 46.24, 46.25 and 46.26 of "the Civil23Administrative Code of Illinois", as amended; 24 (11) for remodeling, expanding, and reconstructing 25 facilities destroyed by fire of any Fair and Exposition 26 Authority in counties with a population of 1,000,000 or 27 more inhabitants; 28 (12) for the purpose of assisting in the care and 29 general rehabilitation of disabled veterans of any war 30 and their surviving spouses and orphans; 31 (13) for expenses of the Department of State Police 32 for duties performed under this Act; 33 (14) for the Department of Agriculture for soil 34 surveys and soil and water conservation purposes; HB0236 Engrossed -623- LRB9100031DJcdA 1 (15) for the Department of Agriculture for grants 2 to the City of Chicago for conducting the Chicagofest. 3 (k) To the extent that monies paid by the Board to the 4 Agricultural Premium Fund are in the opinion of the Governor 5 in excess of the amount necessary for the purposes herein 6 stated, the Governor shall notify the Comptroller and the 7 State Treasurer of such fact, who, upon receipt of such 8 notification, shall transfer such excess monies from the 9 Agricultural Premium Fund to the General Revenue Fund. 10 (Source: P.A. 89-16, eff. 5-30-95.) 11 (230 ILCS 5/31) (from Ch. 8, par. 37-31) 12 Sec. 31. (a) The General Assembly declares that it is 13 the policy of this State to encourage the breeding of 14 standardbred horses in this State and the ownership of such 15 horses by residents of this State in order to provide for: 16 sufficient numbers of high quality standardbred horses to 17 participate in harness racing meetings in this State, and to 18 establish and preserve the agricultural and commercial 19 benefits of such breeding and racing industries to the State 20 of Illinois. It is the intent of the General Assembly to 21 further this policy by the provisions of this Section of this 22 Act. 23 (b) Each organization licensee conducting a harness 24 racing meeting pursuant to this Act shall provide for at 25 least two races each race program limited to Illinois 26 conceived and foaled horses. A minimum of 6 races shall be 27 conducted each week limited to Illinois conceived and foaled 28 horses. No horses shall be permitted to start in such races 29 unless duly registered under the rules of the Department of 30 Agriculture. 31 (c) Conditions of races under subsection (b) shall be 32 commensurate with past performance, quality and class of 33 Illinois conceived and foaled horses available. If, however, HB0236 Engrossed -624- LRB9100031DJcdA 1 sufficient competition cannot be had among horses of that 2 class on any day, the races may, with consent of the Board, 3 be eliminated for that day and substitute races provided. 4 (d) There is hereby created a special fund of the State 5 Treasury to be known as the Illinois Standardbred Breeders 6 Fund. 7 During the calendar year 1981, and each year thereafter, 8 except as provided in subsection (g) of Section 27 of this 9 Act, eight and one-half per cent of all the monies received 10 by the State as privilege taxes on harness racing meetings 11 shall be paid into the Illinois Standardbred Breeders Fund. 12 (e) The Illinois Standardbred Breeders Fund shall be 13 administered by the Department of Agriculture with the 14 assistance and advice of the Advisory Board created in 15 subsection (f) of this Section. 16 (f) The Illinois Standardbred Breeders Fund Advisory 17 Board is hereby created. The Advisory Board shall consist of 18 the Director of the Department of Agriculture, who shall 19 serve as Chairman; the Superintendent of the Illinois State 20 Fair; a member of the Illinois Racing Board, designated by 21 it; a representative of the Illinois Standardbred Owners and 22 Breeders Association, recommended by it; a representative of 23 the Illinois Association of Agricultural Fairs, recommended 24 by it, such representative to be from a fair at which 25 Illinois conceived and foaled racing is conducted; a 26 representative of the organization licensees conducting 27 harness racing meetings, recommended by them and a 28 representative of the Illinois Harness Horsemen's 29 Association, recommended by it. Advisory Board members shall 30 serve for 2 years commencing January 1, of each odd numbered 31 year. If representatives of the Illinois Standardbred Owners 32 and Breeders Associations, the Illinois Association of 33 Agricultural Fairs, the Illinois Harness Horsemen's 34 Association, and the organization licensees conducting HB0236 Engrossed -625- LRB9100031DJcdA 1 harness racing meetings have not been recommended by January 2 1, of each odd numbered year, the Director of the Department 3 of Agriculture shall make an appointment for the organization 4 failing to so recommend a member of the Advisory Board. 5 Advisory Board members shall receive no compensation for 6 their services as members but shall be reimbursed for all 7 actual and necessary expenses and disbursements incurred in 8 the execution of their official duties. 9 (g) No monies shall be expended from the Illinois 10 Standardbred Breeders Fund except as appropriated by the 11 General Assembly. Monies appropriated from the Illinois 12 Standardbred Breeders Fund shall be expended by the 13 Department of Agriculture, with the assistance and advice of 14 the Illinois Standardbred Breeders Fund Advisory Board for 15 the following purposes only: 16 1. To provide purses for races limited to Illinois 17 conceived and foaled horses at the State Fair. 18 2. To provide purses for races limited to Illinois 19 conceived and foaled horses at county fairs. 20 3. To provide purse supplements for races limited 21 to Illinois conceived and foaled horses conducted by 22 associations conducting harness racing meetings. 23 4. No less than 75% of all monies in the Illinois 24 Standardbred Breeders Fund shall be expended for purses 25 in 1, 2 and 3 as shown above. 26 5. In the discretion of the Department of 27 Agriculture to provide awards to harness breeders of 28 Illinois conceived and foaled horses which win races 29 conducted by organization licensees conducting harness 30 racing meetings. A breeder is the owner of a mare at the 31 time of conception. No more than 10% of all monies 32 appropriated from the Illinois Standardbred Breeders Fund 33 shall be expended for such harness breeders awards. No 34 more than 25% of the amount expended for harness breeders HB0236 Engrossed -626- LRB9100031DJcdA 1 awards shall be expended for expenses incurred in the 2 administration of such harness breeders awards. 3 6. To pay for the improvement of racing facilities 4 located at the State Fair and County fairs. 5 7. To pay the expenses incurred in the 6 administration of the Illinois Standardbred Breeders 7 Fund. 8 8. To promote the sport of harness racing. 9 (h) Whenever the Governor finds that the amount in the 10 Illinois Standardbred Breeders Fund is more than the total of 11 the outstanding appropriations from such fund, the Governor 12 shall notify the State Comptroller and the State Treasurer of 13 such fact. The Comptroller and the State Treasurer, upon 14 receipt of such notification, shall transfer such excess 15 amount from the Illinois Standardbred Breeders Fund to the 16 General Revenue Fund. 17 (i) A sum equal to 12 1/2% of the first prize money of 18 every purse won by an Illinois conceived and foaled horse 19 shall be paid by the organization licensee conducting the 20 horse race meeting to the breeder of such winning horse from 21 the organization licensee's share of the money wagered. Such 22 payment shall not reduce any award to the owner of the horse 23 or reduce the taxes payable under this Act. Such payment 24 shall be delivered by the organization licensee at the end of 25 each race meeting. 26 (j) The Department of Agriculture shall, by rule, with 27 the assistance and advice of the Illinois Standardbred 28 Breeders Fund Advisory Board: 29 1. Qualify stallions for Illinois Standardbred Breeders 30 Fund breeding; such stallion shall be owned by a resident of 31 the State of Illinois or by an Illinois corporation all of 32 whose shareholders, directors, officers and incorporators are 33 residents of the State of Illinois. Such stallion shall 34 stand for service at and within the State of Illinois at the HB0236 Engrossed -627- LRB9100031DJcdA 1 time of a foal's conception, and such stallion must not stand 2 for service at any place, nor may semen from such stallion be 3 transported, outside the State of Illinois during that 4 calendar year in which the foal is conceived and that the 5 owner of the stallion was for the 12 months prior, a resident 6 of Illinois. The articles of agreement of any partnership, 7 joint venture, limited partnership, syndicate, association or 8 corporation and any bylaws and stock certificates must 9 contain a restriction that provides that the ownership or 10 transfer of interest by any one of the persons a party to the 11 agreement can only be made to a person who qualifies as an 12 Illinois resident. 13 2. Provide for the registration of Illinois conceived 14 and foaled horses and no such horse shall compete in the 15 races limited to Illinois conceived and foaled horses unless 16 registered with the Department of Agriculture. The 17 Department of Agriculture may prescribe such forms as may be 18 necessary to determine the eligibility of such horses. No 19 person shall knowingly prepare or cause preparation of an 20 application for registration of such foals containing false 21 information. A mare (dam) must be in the state at least 30 22 days prior to foaling or remain in the State at least 30 days 23 at the time of foaling. Beginning with the 1996 breeding 24 season and for foals of 1997 and thereafter, a foal conceived 25 by transported fresh semen may be eligible for Illinois 26 conceived and foaled registration provided all breeding and 27 foaling requirements are met. The stallion must be qualified 28 for Illinois Standardbred Breeders Fund breeding at the time 29 of conception and the mare must be inseminated within the 30 State of Illinois. The foal must be dropped in Illinois and 31 properly registered with the Department of Agriculture in 32 accordance with this Act. 33 3. Provide that at least a 5 day racing program shall be 34 conducted at the State Fair each year, which program shall HB0236 Engrossed -628- LRB9100031DJcdA 1 include at least the following races limited to Illinois 2 conceived and foaled horses: (a) a two year old Trot and 3 Pace, and Filly Division of each; (b) a three year old Trot 4 and Pace, and Filly Division of each; (c) an aged Trot and 5 Pace, and Mare Division of each. 6 4. Provide for the payment of nominating, sustaining and 7 starting fees for races promoting the sport of harness racing 8 and for the races to be conducted at the State Fair as 9 provided in subsection (j) 3 of this Section provided that 10 the nominating, sustaining and starting payment required from 11 an entrant shall not exceed 2% of the purse of such race. 12 All nominating, sustaining and starting payments shall be 13 held for the benefit of entrants and shall be paid out as 14 part of the respective purses for such races. Nominating, 15 sustaining and starting fees shall be held in trust accounts 16 for the purposes as set forth in this Act and in accordance 17 with Section 205-1540.7of"the Department of Agriculture 18 Law (20 ILCS 205/205-15)Civil Administrative Code of19Illinois". 20 5. Provide for the registration with the Department of 21 Agriculture of Colt Associations or county fairs desiring to 22 sponsor races at county fairs. 23 (k) The Department of Agriculture, with the advice and 24 assistance of the Illinois Standardbred Breeders Fund 25 Advisory Board, may allocate monies for purse supplements for 26 such races. In determining whether to allocate money and the 27 amount, the Department of Agriculture shall consider factors, 28 including but not limited to, the amount of money 29 appropriated for the Illinois Standardbred Breeders Fund 30 program, the number of races that may occur, and an 31 organizational licensee's purse structure. The 32 organizational licensee shall notify the Department of 33 Agriculture of the conditions and minimum purses for races 34 limited to Illinois conceived and foaled horses to be HB0236 Engrossed -629- LRB9100031DJcdA 1 conducted by each organizational licensee conducting a 2 harness racing meeting for which purse supplements have been 3 negotiated. 4 (l) All races held at county fairs and the State Fair 5 which receive funds from the Illinois Standardbred Breeders 6 Fund shall be conducted in accordance with the rules of the 7 United States Trotting Association unless otherwise modified 8 by the Department of Agriculture. 9 (m) At all standardbred race meetings held or conducted 10 under authority of a license granted by the Board, and at all 11 standardbred races held at county fairs which are approved by 12 the Department of Agriculture or at the Illinois or DuQuoin 13 State Fairs, no one shall jog, train, warm up or drive a 14 standardbred horse unless he or she is wearing a protective 15 safety helmet, with the chin strap fastened and in place, 16 which meets the standards and requirements as set forth in 17 the 1984 Standard for Protective Headgear for Use in Harness 18 Racing and Other Equestrian Sports published by the Snell 19 Memorial Foundation, or any standards and requirements for 20 headgear the Illinois Racing Board may approve. Any other 21 standards and requirements so approved by the Board shall 22 equal or exceed those published by the Snell Memorial 23 Foundation. Any equestrian helmet bearing the Snell label 24 shall be deemed to have met those standards and requirements. 25 (Source: P.A. 89-16, eff. 5-30-95.) 26 Section 5-455. The Riverboat Gambling Act is amended by 27 changing Sections 5 and 22 as follows: 28 (230 ILCS 10/5) (from Ch. 120, par. 2405) 29 Sec. 5. Gaming Board. 30 (a) (1) There is hereby established within the 31 Department of Revenue an Illinois Gaming Board which shall 32 have the powers and duties specified in this Act, and all HB0236 Engrossed -630- LRB9100031DJcdA 1 other powers necessary and proper to fully and effectively 2 execute this Act for the purpose of administering, 3 regulating, and enforcing the system of riverboat gambling 4 established by this Act. Its jurisdiction shall extend under 5 this Act to every person, association, corporation, 6 partnership and trust involved in riverboat gambling 7 operations in the State of Illinois. 8 (2) The Board shall consist of 5 members to be appointed 9 by the Governor with the advice and consent of the Senate, 10 one of whom shall be designated by the Governor to be 11 chairman. Each member shall have a reasonable knowledge of 12 the practice, procedure and principles of gambling 13 operations. Each member shall either be a resident of 14 Illinois or shall certify that he will become a resident of 15 Illinois before taking office. At least one member shall be 16 experienced in law enforcement and criminal investigation, at 17 least one member shall be a certified public accountant 18 experienced in accounting and auditing, and at least one 19 member shall be a lawyer licensed to practice law in 20 Illinois. 21 (3) The terms of office of the Board members shall be 3 22 years, except that the terms of office of the initial Board 23 members appointed pursuant to this Act will commence from the 24 effective date of this Act and run as follows: one for a 25 term ending July 1, 1991, 2 for a term ending July 1, 1992, 26 and 2 for a term ending July 1, 1993. Upon the expiration of 27 the foregoing terms, the successors of such members shall 28 serve a term for 3 years and until their successors are 29 appointed and qualified for like terms. Vacancies in the 30 Board shall be filled for the unexpired term in like manner 31 as original appointments. Each member of the Board shall be 32 eligible for reappointment at the discretion of the Governor 33 with the advice and consent of the Senate. 34 (4) Each member of the Board shall receive $300 for each HB0236 Engrossed -631- LRB9100031DJcdA 1 day the Board meets and for each day the member conducts any 2 hearing pursuant to this Act. Each member of the Board shall 3 also be reimbursed for all actual and necessary expenses and 4 disbursements incurred in the execution of official duties. 5 (5) No person shall be appointed a member of the Board 6 or continue to be a member of the Board who is, or whose 7 spouse, child or parent is, a member of the board of 8 directors of, or a person financially interested in, any 9 gambling operation subject to the jurisdiction of this Board, 10 or any race track, race meeting, racing association or the 11 operations thereof subject to the jurisdiction of the 12 Illinois Racing Board. No Board member shall hold any other 13 public office for which he shall receive compensation other 14 than necessary travel or other incidental expenses. No 15 person shall be a member of the Board who is not of good 16 moral character or who has been convicted of, or is under 17 indictment for, a felony under the laws of Illinois or any 18 other state, or the United States. 19 (6) Any member of the Board may be removed by the 20 Governor for neglect of duty, misfeasance, malfeasance, or 21 nonfeasance in office. 22 (7) Before entering upon the discharge of the duties of 23 his office, each member of the Board shall take an oath that 24 he will faithfully execute the duties of his office according 25 to the laws of the State and the rules and regulations 26 adopted therewith and shall give bond to the State of 27 Illinois, approved by the Governor, in the sum of $25,000. 28 Every such bond, when duly executed and approved, shall be 29 recorded in the office of the Secretary of State. Whenever 30 the Governor determines that the bond of any member of the 31 Board has become or is likely to become invalid or 32 insufficient, he shall require such member forthwith to renew 33 his bond, which is to be approved by the Governor. Any 34 member of the Board who fails to take oath and give bond HB0236 Engrossed -632- LRB9100031DJcdA 1 within 30 days from the date of his appointment, or who fails 2 to renew his bond within 30 days after it is demanded by the 3 Governor, shall be guilty of neglect of duty and may be 4 removed by the Governor. The cost of any bond given by any 5 member of the Board under this Section shall be taken to be a 6 part of the necessary expenses of the Board. 7 (8) Upon the request of the Board, the Department shall 8 employ such personnel as may be necessary to carry out the 9 functions of the Board. No person shall be employed to serve 10 the Board who is, or whose spouse, parent or child is, an 11 official of, or has a financial interest in or financial 12 relation with, any operator engaged in gambling operations 13 within this State or any organization engaged in conducting 14 horse racing within this State. Any employee violating these 15 prohibitions shall be subject to termination of employment. 16 (9) An Administrator shall perform any and all duties 17 that the Board shall assign him. The salary of the 18 Administrator shall be determined by the Board and approved 19 by the Director of the Department and, in addition, he shall 20 be reimbursed for all actual and necessary expenses incurred 21 by him in discharge of his official duties. The 22 Administrator shall keep records of all proceedings of the 23 Board and shall preserve all records, books, documents and 24 other papers belonging to the Board or entrusted to its care. 25 The Administrator shall devote his full time to the duties of 26 the office and shall not hold any other office or employment. 27 (b) The Board shall have general responsibility for the 28 implementation of this Act. Its duties include, without 29 limitation, the following: 30 (1) To decide promptly and in reasonable order all 31 license applications. Any party aggrieved by an action of 32 the Board denying, suspending, revoking, restricting or 33 refusing to renew a license may request a hearing before 34 the Board. A request for a hearing must be made to the HB0236 Engrossed -633- LRB9100031DJcdA 1 Board in writing within 5 days after service of notice of 2 the action of the Board. Notice of the action of the 3 Board shall be served either by personal delivery or by 4 certified mail, postage prepaid, to the aggrieved party. 5 Notice served by certified mail shall be deemed complete 6 on the business day following the date of such mailing. 7 The Board shall conduct all requested hearings promptly 8 and in reasonable order; 9 (2) To conduct all hearings pertaining to civil 10 violations of this Act or rules and regulations 11 promulgated hereunder; 12 (3) To promulgate such rules and regulations as in 13 its judgment may be necessary to protect or enhance the 14 credibility and integrity of gambling operations 15 authorized by this Act and the regulatory process 16 hereunder; 17 (4) To provide for the establishment and collection 18 of all license and registration fees and taxes imposed by 19 this Act and the rules and regulations issued pursuant 20 hereto. All such fees and taxes shall be deposited into 21 the State Gaming Fund; 22 (5) To provide for the levy and collection of 23 penalties and fines for the violation of provisions of 24 this Act and the rules and regulations promulgated 25 hereunder. All such fines and penalties shall be 26 deposited into the Education Assistance Fund, created by 27 Public Act 86-0018, of the State of Illinois; 28 (6) To be present through its inspectors and agents 29 any time gambling operations are conducted on any 30 riverboat for the purpose of certifying the revenue 31 thereof, receiving complaints from the public, and 32 conducting such other investigations into the conduct of 33 the gambling games and the maintenance of the equipment 34 as from time to time the Board may deem necessary and HB0236 Engrossed -634- LRB9100031DJcdA 1 proper; 2 (7) To review and rule upon any complaint by a 3 licensee regarding any investigative procedures of the 4 State which are unnecessarily disruptive of gambling 5 operations. The need to inspect and investigate shall be 6 presumed at all times. The disruption of a licensee's 7 operations shall be proved by clear and convincing 8 evidence, and establish that: (A) the procedures had no 9 reasonable law enforcement purposes, and (B) the 10 procedures were so disruptive as to unreasonably inhibit 11 gambling operations; 12 (8) To hold at least one meeting each quarter of 13 the fiscal year. In addition, special meetings may be 14 called by the Chairman or any 2 Board members upon 72 15 hours written notice to each member. All Board meetings 16 shall be subject to the Open Meetings Act. Three members 17 of the Board shall constitute a quorum, and 3 votes shall 18 be required for any final determination by the Board. 19 The Board shall keep a complete and accurate record of 20 all its meetings. A majority of the members of the Board 21 shall constitute a quorum for the transaction of any 22 business, for the performance of any duty, or for the 23 exercise of any power which this Act requires the Board 24 members to transact, perform or exercise en banc, except 25 that, upon order of the Board, one of the Board members 26 or an administrative law judge designated by the Board 27 may conduct any hearing provided for under this Act or by 28 Board rule and may recommend findings and decisions to 29 the Board. The Board member or administrative law judge 30 conducting such hearing shall have all powers and rights 31 granted to the Board in this Act. The record made at the 32 time of the hearing shall be reviewed by the Board, or a 33 majority thereof, and the findings and decision of the 34 majority of the Board shall constitute the order of the HB0236 Engrossed -635- LRB9100031DJcdA 1 Board in such case; 2 (9) To maintain records which are separate and 3 distinct from the records of any other State board or 4 commission. Such records shall be available for public 5 inspection and shall accurately reflect all Board 6 proceedings; 7 (10) To file a written annual report with the 8 Governor on or before March 1 each year and such 9 additional reports as the Governor may request. The 10 annual report shall include a statement of receipts and 11 disbursements by the Board, actions taken by the Board, 12 and any additional information and recommendations which 13 the Board may deem valuable or which the Governor may 14 request; 15 (11) To review the patterns of wagering and wins 16 and losses by persons on riverboat gambling operations 17 under this Act, and make recommendation to the Governor 18 and the General Assembly, by January 31, 1992, as to 19 whether limits on wagering losses should be imposed; and 20 (12) To assume responsibility for the 21 administration and enforcement of the Bingo License and 22 Tax Act, the Charitable Games Act, and the Pull Tabs and 23 Jar Games Act if such responsibility is delegated to it 24 by the Director of Revenue. 25 (c) The Board shall have jurisdiction over and shall 26 supervise all gambling operations governed by this Act. The 27 Board shall have all powers necessary and proper to fully and 28 effectively execute the provisions of this Act, including, 29 but not limited to, the following: 30 (1) To investigate applicants and determine the 31 eligibility of applicants for licenses and to select 32 among competing applicants the applicants which best 33 serve the interests of the citizens of Illinois. 34 (2) To have jurisdiction and supervision over all HB0236 Engrossed -636- LRB9100031DJcdA 1 riverboat gambling operations in this State and all 2 persons on riverboats where gambling operations are 3 conducted. 4 (3) To promulgate rules and regulations for the 5 purpose of administering the provisions of this Act and 6 to prescribe rules, regulations and conditions under 7 which all riverboat gambling in the State shall be 8 conducted. Such rules and regulations are to provide for 9 the prevention of practices detrimental to the public 10 interest and for the best interests of riverboat 11 gambling, including rules and regulations regarding the 12 inspection of such riverboats and the review of any 13 permits or licenses necessary to operate a riverboat 14 under any laws or regulations applicable to riverboats, 15 and to impose penalties for violations thereof. 16 (4) To enter the office, riverboats, facilities, or 17 other places of business of a licensee, where evidence of 18 the compliance or noncompliance with the provisions of 19 this Act is likely to be found. 20 (5) To investigate alleged violations of this Act 21 or the rules of the Board and to take appropriate 22 disciplinary action against a licensee or a holder of an 23 occupational license for a violation, or institute 24 appropriate legal action for enforcement, or both. 25 (6) To adopt standards for the licensing of all 26 persons under this Act, as well as for electronic or 27 mechanical gambling games, and to establish fees for such 28 licenses. 29 (7) To adopt appropriate standards for all 30 riverboats and facilities. 31 (8) To require that the records, including 32 financial or other statements of any licensee under this 33 Act, shall be kept in such manner as prescribed by the 34 Board and that any such licensee involved in the HB0236 Engrossed -637- LRB9100031DJcdA 1 ownership or management of gambling operations submit to 2 the Board an annual balance sheet and profit and loss 3 statement, list of the stockholders or other persons 4 having a 1% or greater beneficial interest in the 5 gambling activities of each licensee, and any other 6 information the Board deems necessary in order to 7 effectively administer this Act and all rules, 8 regulations, orders and final decisions promulgated under 9 this Act. 10 (9) To conduct hearings, issue subpoenas for the 11 attendance of witnesses and subpoenas duces tecum for the 12 production of books, records and other pertinent 13 documents in accordance with the Illinois Administrative 14 Procedure Act, and to administer oaths and affirmations 15 to the witnesses, when, in the judgment of the Board, it 16 is necessary to administer or enforce this Act or the 17 Board rules. 18 (10) To prescribe a form to be used by any licensee 19 involved in the ownership or management of gambling 20 operations as an application for employment for their 21 employees. 22 (11) To revoke or suspend licenses, as the Board 23 may see fit and in compliance with applicable laws of the 24 State regarding administrative procedures, and to review 25 applications for the renewal of licenses. The Board may 26 suspend an owners license, without notice or hearing upon 27 a determination that the safety or health of patrons or 28 employees is jeopardized by continuing a riverboat's 29 operation. The suspension may remain in effect until the 30 Board determines that the cause for suspension has been 31 abated. The Board may revoke the owners license upon a 32 determination that the owner has not made satisfactory 33 progress toward abating the hazard. 34 (12) To eject or exclude or authorize the ejection HB0236 Engrossed -638- LRB9100031DJcdA 1 or exclusion of, any person from riverboat gambling 2 facilities where such person is in violation of this Act, 3 rules and regulations thereunder, or final orders of the 4 Board, or where such person's conduct or reputation is 5 such that his presence within the riverboat gambling 6 facilities may, in the opinion of the Board, call into 7 question the honesty and integrity of the gambling 8 operations or interfere with orderly conduct thereof; 9 provided that the propriety of such ejection or exclusion 10 is subject to subsequent hearing by the Board. 11 (13) To require all licensees of gambling 12 operations to utilize a cashless wagering system whereby 13 all players' money is converted to tokens, electronic 14 cards, or chips which shall be used only for wagering in 15 the gambling establishment. 16 (14) To authorize the routes of a riverboat and the 17 stops which a riverboat may make. 18 (15) To suspend, revoke or restrict licenses, to 19 require the removal of a licensee or an employee of a 20 licensee for a violation of this Act or a Board rule or 21 for engaging in a fraudulent practice, and to impose 22 civil penalties of up to $5,000 against individuals and 23 up to $10,000 or an amount equal to the daily gross 24 receipts, whichever is larger, against licensees for each 25 violation of any provision of the Act, any rules adopted 26 by the Board, any order of the Board or any other action 27 which, in the Board's discretion, is a detriment or 28 impediment to riverboat gambling operations. 29 (16) To hire employees to gather information, 30 conduct investigations and carry out any other tasks 31 contemplated under this Act. 32 (17) To establish minimum levels of insurance to be 33 maintained by licensees. 34 (18) To authorize a licensee to sell or serve HB0236 Engrossed -639- LRB9100031DJcdA 1 alcoholic liquors, wine or beer as defined in the Liquor 2 Control Act of 1934 on board a riverboat and to have 3 exclusive authority to establish the hours for sale and 4 consumption of alcoholic liquor on board a riverboat, 5 notwithstanding any provision of the Liquor Control Act 6 of 1934 or any local ordinance. The establishment of the 7 hours for sale and consumption of alcoholic liquor on 8 board a riverboat is an exclusive power and function of 9 the State. A home rule unit may not establish the hours 10 for sale and consumption of alcoholic liquor on board a 11 riverboat. This amendatory Act of 1991 is a denial and 12 limitation of home rule powers and functions under 13 subsection (h) of Section 6 of Article VII of the 14 Illinois Constitution. 15 (19) After consultation with the U.S. Army Corps of 16 Engineers, to establish binding emergency orders upon the 17 concurrence of a majority of the members of the Board 18 regarding the navigability of rivers in the event of 19 extreme weather conditions, acts of God or other extreme 20 circumstances. 21 (20) To delegate the execution of any of its powers 22 under this Act for the purpose of administering and 23 enforcing this Act and its rules and regulations 24 hereunder. 25 (21) To take any other action as may be reasonable 26 or appropriate to enforce this Act and rules and 27 regulations hereunder. 28 (d) The Board may seek and shall receive the cooperation 29 of the Department of State Police in conducting background 30 investigations of applicants and in fulfilling its 31 responsibilities under this Section. Costs incurred by the 32 Department of State Police as a result of such cooperation 33 shall be paid by the Board in conformance with the 34 requirements ofsubsection 22 ofSection 2605-40055aof the HB0236 Engrossed -640- LRB9100031DJcdA 1 Department of State Police Law (20 ILCS 2605/2605-400)Civil2Administrative Code of Illinois. 3 (Source: P.A. 86-1029; 86-1389; 87-826.) 4 (230 ILCS 10/22) (from Ch. 120, par. 2422) 5 Sec. 22. Criminal history record information. Whenever 6 the Board is authorized or required by law to consider some 7 aspect of criminal history record information for the purpose 8 of carrying out its statutory powers and responsibilities, 9 the Board shall, in the form and manner required by the 10 Department of State Police and the Federal Bureau of 11 Investigation, cause to be conducted a criminal history 12 record investigation to obtain any information currently or 13 thereafter contained in the files of the Department of State 14 Police or the Federal Bureau of Investigation. The 15 Department of State Police shall provide, on the Board's 16 request, information concerning any criminal charges, and 17 their disposition, currently or thereafter filed against an 18 applicant for or holder of an occupational license. 19 Information obtained as a result of an investigation under 20 this Section shall be used in determining eligibility for an 21 occupational license under Section 9. Upon request and 22 payment of fees in conformance with the requirements of 23subsection 22 ofSection 2605-40055aof the Department of 24 State Police Law (20 ILCS 2605/2605-400)Civil Administrative25Code of Illinois, the Department of State Police is 26 authorized to furnish, pursuant to positive identification, 27 such information contained in State files as is necessary to 28 fulfill the request. 29 (Source: P.A. 88-368.) 30 Section 5-460. The Liquor Control Act of 1934 is amended 31 by changing Sections 6-15 and 10-1 as follows: HB0236 Engrossed -641- LRB9100031DJcdA 1 (235 ILCS 5/6-15) (from Ch. 43, par. 130) 2 Sec. 6-15. No alcoholic liquors shall be sold or 3 delivered in any building belonging to or under the control 4 of the State or any political subdivision thereof except as 5 provided in this Act. The corporate authorities of any city, 6 village, incorporated town or township may provide by 7 ordinance, however, that alcoholic liquor may be sold or 8 delivered in any specifically designated building belonging 9 to or under the control of the municipality or township, or 10 in any building located on land under the control of the 11 municipality; provided that such township complies with all 12 applicable local ordinances in any incorporated area of the 13 township. Alcoholic liquors may be delivered to and sold at 14 any airport belonging to or under the control of a 15 municipality of more than 25,000 inhabitants, or in any 16 building owned by a park district organized under the Park 17 District Code, subject to the approval of the governing board 18 of the district, or in any building or on any golf course 19 owned by a forest preserve district organized under the 20 Downstate Forest Preserve District Act, subject to the 21 approval of the governing board of the district, or in 22 Bicentennial Park, or on the premises of the City of Mendota 23 Lake Park located adjacent to Route 51 in Mendota, Illinois, 24 or on the premises of Camden Park in Milan, Illinois, or in 25 the community center owned by the City of Loves Park that is 26 located at 1000 River Park Drive in Loves Park, Illinois, or, 27 in connection with the operation of an established food 28 serving facility during times when food is dispensed for 29 consumption on the premises, and at the following aquarium 30 and museums located in public parks: Art Institute of 31 Chicago, Chicago Academy of Sciences, Chicago Historical 32 Society, Field Museum of Natural History, Museum of Science 33 and Industry, DuSable Museum of African American History, 34 John G. Shedd Aquarium and Adler Planetarium, or at Lakeview HB0236 Engrossed -642- LRB9100031DJcdA 1 Museum of Arts and Sciences in Peoria, or in connection with 2 the operation of the facilities of the Chicago Zoological 3 Society or the Chicago Horticultural Society on land owned by 4 the Forest Preserve District of Cook County, or in any 5 building located on land owned by the Chicago Park District 6 if approved by the Park District Commissioners, or on any 7 land used for a golf course or for recreational purposes and 8 owned by the Illinois International Port District if approved 9 by the District's governing board, or at any airport, golf 10 course, faculty center, or facility in which conference and 11 convention type activities take place belonging to or under 12 control of any State university or public community college 13 district, provided that with respect to a facility for 14 conference and convention type activities alcoholic liquors 15 shall be limited to the use of the convention or conference 16 participants or participants in cultural, political or 17 educational activities held in such facilities, and provided 18 further that the faculty or staff of the State university or 19 a public community college district, or members of an 20 organization of students, alumni, faculty or staff of the 21 State university or a public community college district are 22 active participants in the conference or convention, or by a 23 catering establishment which has rented facilities from a 24 board of trustees of a public community college district, or, 25 if approved by the District board, on land owned by the 26 Metropolitan Sanitary District of Greater Chicago and leased 27 to others for a term of at least 20 years. Nothing in this 28 Section precludes the sale or delivery of alcoholic liquor in 29 the form of original packaged goods in premises located at 30 500 S. Racine in Chicago belonging to the University of 31 Illinois and used primarily as a grocery store by a 32 commercial tenant during the term of a lease that predates 33 the University's acquisition of the premises; but the 34 University shall have no power or authority to renew, HB0236 Engrossed -643- LRB9100031DJcdA 1 transfer, or extend the lease with terms allowing the sale of 2 alcoholic liquor; and the sale of alcoholic liquor shall be 3 subject to all local laws and regulations. After the 4 acquisition by Winnebago County of the property located at 5 404 Elm Street in Rockford, a commercial tenant who sold 6 alcoholic liquor at retail on a portion of the property under 7 a valid license at the time of the acquisition may continue 8 to do so for so long as the tenant and the County may agree 9 under existing or future leases, subject to all local laws 10 and regulations regarding the sale of alcoholic liquor. Each 11 facility shall provide dram shop liability in maximum 12 insurance coverage limits so as to save harmless the State, 13 municipality, State university, airport, golf course, faculty 14 center, facility in which conference and convention type 15 activities take place, park district, Forest Preserve 16 District, public community college district, aquarium, 17 museum, or sanitary district from all financial loss, damage 18 or harm. Alcoholic liquors may be sold at retail in buildings 19 of golf courses owned by municipalities in connection with 20 the operation of an established food serving facility during 21 times when food is dispensed for consumption upon the 22 premises. Alcoholic liquors may be delivered to and sold at 23 retail in any building owned by a fire protection district 24 organized under the Fire Protection District Act, provided 25 that such delivery and sale is approved by the board of 26 trustees of the district, and provided further that such 27 delivery and sale is limited to fundraising events and to a 28 maximum of 6 events per year. 29 Alcoholic liquor may be delivered to and sold at retail 30 in the Dorchester Senior Business Center owned by the Village 31 of Dolton if the alcoholic liquor is sold or dispensed only 32 in connection with organized functions for which the planned 33 attendance is 20 or more persons, and if the person or 34 facility selling or dispensing the alcoholic liquor has HB0236 Engrossed -644- LRB9100031DJcdA 1 provided dram shop liability insurance in maximum limits so 2 as to hold harmless the Village of Dolton and the State from 3 all financial loss, damage and harm. 4 Alcoholic liquors may be delivered to and sold at retail 5 in any building used as an Illinois State Armory provided: 6 (i) the Adjutant General's written consent to the 7 issuance of a license to sell alcoholic liquor in such 8 building is filed with the Commission; 9 (ii) the alcoholic liquor is sold or dispensed only 10 in connection with organized functions held on special 11 occasions; 12 (iii) the organized function is one for which the 13 planned attendance is 25 or more persons; and 14 (iv) the facility selling or dispensing the 15 alcoholic liquors has provided dram shop liability 16 insurance in maximum limits so as to save harmless the 17 facility and the State from all financial loss, damage or 18 harm. 19 Alcoholic liquors may be delivered to and sold at retail 20 in the Chicago Civic Center, provided that: 21 (i) the written consent of the Public Building 22 Commission which administers the Chicago Civic Center is 23 filed with the Commission; 24 (ii) the alcoholic liquor is sold or dispensed only 25 in connection with organized functions held on special 26 occasions; 27 (iii) the organized function is one for which the 28 planned attendance is 25 or more persons; 29 (iv) the facility selling or dispensing the 30 alcoholic liquors has provided dram shop liability 31 insurance in maximum limits so as to hold harmless the 32 Civic Center, the City of Chicago and the State from all 33 financial loss, damage or harm; and 34 (v) all applicable local ordinances are complied HB0236 Engrossed -645- LRB9100031DJcdA 1 with. 2 Alcoholic liquors may be delivered or sold in any 3 building belonging to or under the control of any city, 4 village or incorporated town where more than 75% of the 5 physical properties of the building is used for commercial or 6 recreational purposes, and the building is located upon a 7 pier extending into or over the waters of a navigable lake or 8 stream or on the shore of a navigable lake or stream. 9 Alcoholic liquor may be sold in buildings under the control 10 of the Department of Natural Resources when written consent 11 to the issuance of a license to sell alcoholic liquor in such 12 buildings is filed with the Commission by the Department of 13 Natural Resources. Notwithstanding any other provision of 14 this Act, alcoholic liquor sold by a United States Army Corps 15 of Engineers or Department of Natural Resources 16 concessionaire who was operating on June 1, 1991 for 17 on-premises consumption only is not subject to the provisions 18 of Articles IV and IX. Beer and wine may be sold on the 19 premises of the Joliet Park District Stadium owned by the 20 Joliet Park District when written consent to the issuance of 21 a license to sell beer and wine in such premises is filed 22 with the local liquor commissioner by the Joliet Park 23 District. Beer and wine may be sold in buildings on the 24 grounds of State veterans' homes when written consent to the 25 issuance of a license to sell beer and wine in such buildings 26 is filed with the Commission by the Department of Veterans' 27 Affairs, and the facility shall provide dram shop liability 28 in maximum insurance coverage limits so as to save the 29 facility harmless from all financial loss, damage or harm. 30 Such liquors may be delivered to and sold at any property 31 owned or held under lease by a Metropolitan Pier and 32 Exposition Authority or Metropolitan Exposition and 33 Auditorium Authority. 34 Beer and wine may be sold and dispensed at professional HB0236 Engrossed -646- LRB9100031DJcdA 1 sporting events and at professional concerts and other 2 entertainment events conducted on premises owned by the 3 Forest Preserve District of Kane County, subject to the 4 control of the District Commissioners and applicable local 5 law, provided that dram shop liability insurance is provided 6 at maximum coverage limits so as to hold the District 7 harmless from all financial loss, damage and harm. 8 Nothing in this Section shall preclude the sale or 9 delivery of beer and wine at a State or county fair or the 10 sale or delivery of beer or wine at a city fair in any 11 otherwise lawful manner. 12 Alcoholic liquors may be sold at retail in buildings in 13 State parks under the control of the Department of Natural 14 Resources, provided: 15 a. the State park has overnight lodging facilities 16 with some restaurant facilities or, not having overnight 17 lodging facilities, has restaurant facilities which serve 18 complete luncheon and dinner or supper meals, 19 b. consent to the issuance of a license to sell 20 alcoholic liquors in the buildings has been filed with 21 the commission by the Department of Natural Resources, 22 and 23 c. the alcoholic liquors are sold by the State park 24 lodge or restaurant concessionaire only during the hours 25 from 11 o'clock a.m. until 12 o'clock midnight. 26 Notwithstanding any other provision of this Act, 27 alcoholic liquor sold by the State park or restaurant 28 concessionaire is not subject to the provisions of 29 Articles IV and IX. 30 Alcoholic liquors may be sold at retail in buildings on 31 properties under the control of the Historic Preservation 32 Agency provided: 33 a. the property has overnight lodging facilities 34 with some restaurant facilities or, not having overnight HB0236 Engrossed -647- LRB9100031DJcdA 1 lodging facilities, has restaurant facilities which serve 2 complete luncheon and dinner or supper meals, 3 b. consent to the issuance of a license to sell 4 alcoholic liquors in the buildings has been filed with 5 the commission by the Historic Preservation Agency, and 6 c. the alcoholic liquors are sold by the lodge or 7 restaurant concessionaire only during the hours from 11 8 o'clock a.m. until 12 o'clock midnight. 9 The sale of alcoholic liquors pursuant to this Section 10 does not authorize the establishment and operation of 11 facilities commonly called taverns, saloons, bars, cocktail 12 lounges, and the like except as a part of lodge and 13 restaurant facilities in State parks or golf courses owned by 14 Forest Preserve Districts with a population of less than 15 3,000,000 or municipalities or park districts. 16 Alcoholic liquors may be sold at retail in the 17 Springfield Administration Building of the Department of 18 Transportation and the Illinois State Armory in Springfield; 19 provided, that the controlling government authority may 20 consent to such sales only if 21 a. the request is from a not-for-profit 22 organization; 23 b. such sales would not impede normal operations of 24 the departments involved; 25 c. the not-for-profit organization provides dram 26 shop liability in maximum insurance coverage limits and 27 agrees to defend, save harmless and indemnify the State 28 of Illinois from all financial loss, damage or harm; 29 d. no such sale shall be made during normal working 30 hours of the State of Illinois; and 31 e. the consent is in writing. 32 Alcoholic liquors may be sold at retail in buildings in 33 recreational areas of river conservancy districts under the 34 control of, or leased from, the river conservancy districts. HB0236 Engrossed -648- LRB9100031DJcdA 1 Such sales are subject to reasonable local regulations as 2 provided in Article IV; however, no such regulations may 3 prohibit or substantially impair the sale of alcoholic 4 liquors on Sundays or Holidays. 5 Alcoholic liquors may be provided in long term care 6 facilities owned or operated by a county under Division 5-21 7 or 5-22 of the Counties Code, when approved by the facility 8 operator and not in conflict with the regulations of the 9 Illinois Department of Public Health, to residents of the 10 facility who have had their consumption of the alcoholic 11 liquors provided approved in writing by a physician licensed 12 to practice medicine in all its branches. 13 Alcoholic liquors may be delivered to and dispensed in 14 State housing assigned to employees of the Department of 15 Corrections. No person shall furnish or allow to be furnished 16 any alcoholic liquors to any prisoner confined in any jail, 17 reformatory, prison or house of correction except upon a 18 physician's prescription for medicinal purposes. 19 Alcoholic liquors may be sold at retail or dispensed at 20 the Willard Ice Building in Springfield, at the State Library 21 in Springfield, and at Illinois State Museum facilities by 22 (1) an agency of the State, whether legislative, judicial or 23 executive, provided that such agency first obtains written 24 permission to sell or dispense alcoholic liquors from the 25 controlling government authority, or by (2) a not-for-profit 26 organization, provided that such organization: 27 a. Obtains written consent from the controlling 28 government authority; 29 b. Sells or dispenses the alcoholic liquors in a 30 manner that does not impair normal operations of State 31 offices located in the building; 32 c. Sells or dispenses alcoholic liquors only in 33 connection with an official activity in the building; 34 d. Provides, or its catering service provides, dram HB0236 Engrossed -649- LRB9100031DJcdA 1 shop liability insurance in maximum coverage limits and 2 in which the carrier agrees to defend, save harmless and 3 indemnify the State of Illinois from all financial loss, 4 damage or harm arising out of the selling or dispensing 5 of alcoholic liquors. 6 Nothing in this Act shall prevent a not-for-profit 7 organization or agency of the State from employing the 8 services of a catering establishment for the selling or 9 dispensing of alcoholic liquors at authorized functions. 10 The controlling government authority for the Willard Ice 11 Building in Springfield shall be the Director of the 12 Department of Revenue. The controlling government authority 13 for Illinois State Museum facilities shall be the Director of 14 the Illinois State Museum. The controlling government 15 authority for the State Library in Springfield shall be the 16 Secretary of State. 17 Alcoholic liquors may be delivered to and sold at retail 18 or dispensed at any facility, property or building under the 19 jurisdiction of the Historic Preservation Agency where the 20 delivery, sale or dispensing is by (1) an agency of the 21 State, whether legislative, judicial or executive, provided 22 that such agency first obtains written permission to sell or 23 dispense alcoholic liquors from a controlling government 24 authority, or by (2) a not-for-profit organization provided 25 that such organization: 26 a. Obtains written consent from the controlling 27 government authority; 28 b. Sells or dispenses the alcoholic liquors in a 29 manner that does not impair normal workings of State 30 offices or operations located at the facility, property 31 or building; 32 c. Sells or dispenses alcoholic liquors only in 33 connection with an official activity of the 34 not-for-profit organization in the facility, property or HB0236 Engrossed -650- LRB9100031DJcdA 1 building; 2 d. Provides, or its catering service provides, dram 3 shop liability insurance in maximum coverage limits and 4 in which the carrier agrees to defend, save harmless and 5 indemnify the State of Illinois from all financial loss, 6 damage or harm arising out of the selling or dispensing 7 of alcoholic liquors. 8 The controlling government authority for the Historic 9 Preservation Agency shall be the Director of the Historic 10 Preservation Agency. 11 Alcoholic liquors may be sold at retail or dispensed at 12 the James R. Thompson Center in Chicago and 222 South College 13 Street in Springfield, Illinois by (1) a commercial tenant or 14 subtenant conducting business on the premises under a lease 15 made pursuant to Section 405-31567.24of the Department of 16 Central Management Services Law (20 ILCS 405/405-315)Civil17Administrative Code of Illinois, provided that such tenant or 18 subtenant who sells or dispenses alcoholic liquors shall 19 procure and maintain dram shop liability insurance in maximum 20 coverage limits and in which the carrier agrees to defend, 21 indemnify and save harmless the State of Illinois from all 22 financial loss, damage or harm arising out of the sale or 23 dispensing of alcoholic liquors, or by (2) an agency of the 24 State, whether legislative, judicial or executive, provided 25 that such agency first obtains written permission to sell or 26 dispense alcoholic liquors from the Director of Central 27 Management Services, or by (3) a not-for-profit organization, 28 provided that such organization: 29 a. Obtains written consent from the Department of 30 Central Management Services; 31 b. Sells or dispenses the alcoholic liquors in a 32 manner that does not impair normal operations of State 33 offices located in the building; 34 c. Sells or dispenses alcoholic liquors only in HB0236 Engrossed -651- LRB9100031DJcdA 1 connection with an official activity in the building; 2 d. Provides, or its catering service provides, dram 3 shop liability insurance in maximum coverage limits and 4 in which the carrier agrees to defend, save harmless and 5 indemnify the State of Illinois from all financial loss, 6 damage or harm arising out of the selling or dispensing 7 of alcoholic liquors. 8 Nothing in this Act shall prevent a not-for-profit 9 organization or agency of the State from employing the 10 services of a catering establishment for the selling or 11 dispensing of alcoholic liquors at functions authorized by 12 the Director of Central Management Services. 13 Alcoholic liquors may be sold or delivered at any 14 facility owned by the Illinois Sports Facilities Authority 15 provided that dram shop liability insurance has been made 16 available in a form, with such coverage and in such amounts 17 as the Authority reasonably determines is necessary. 18 Alcoholic liquors may be sold at retail or dispensed at 19 the Rockford State Office Building by (1) an agency of the 20 State, whether legislative, judicial or executive, provided 21 that such agency first obtains written permission to sell or 22 dispense alcoholic liquors from the Department of Central 23 Management Services, or by (2) a not-for-profit organization, 24 provided that such organization: 25 a. Obtains written consent from the Department of 26 Central Management Services; 27 b. Sells or dispenses the alcoholic liquors in a 28 manner that does not impair normal operations of State 29 offices located in the building; 30 c. Sells or dispenses alcoholic liquors only in 31 connection with an official activity in the building; 32 d. Provides, or its catering service provides, dram 33 shop liability insurance in maximum coverage limits and 34 in which the carrier agrees to defend, save harmless and HB0236 Engrossed -652- LRB9100031DJcdA 1 indemnify the State of Illinois from all financial loss, 2 damage or harm arising out of the selling or dispensing 3 of alcoholic liquors. 4 Nothing in this Act shall prevent a not-for-profit 5 organization or agency of the State from employing the 6 services of a catering establishment for the selling or 7 dispensing of alcoholic liquors at functions authorized by 8 the Department of Central Management Services. 9 Alcoholic liquors may be sold or delivered in a building 10 that is owned by McLean County, situated on land owned by the 11 county in the City of Bloomington, and used by the McLean 12 County Historical Society if the sale or delivery is approved 13 by an ordinance adopted by the county board, and the 14 municipality in which the building is located may not 15 prohibit that sale or delivery, notwithstanding any other 16 provision of this Section. The regulation of the sale and 17 delivery of alcoholic liquor in a building that is owned by 18 McLean County, situated on land owned by the county, and used 19 by the McLean County Historical Society as provided in this 20 paragraph is an exclusive power and function of the State and 21 is a denial and limitation under Article VII, Section 6, 22 subsection (h) of the Illinois Constitution of the power of a 23 home rule municipality to regulate that sale and delivery. 24 Alcoholic liquors may be sold or delivered in any 25 building situated on land held in trust for any school 26 district organized under Article 34 of the School Code, if 27 the building is not used for school purposes and if the sale 28 or delivery is approved by the board of education. 29 Alcoholic liquors may be sold or delivered in buildings 30 owned by the Community Building Complex Committee of Boone 31 County, Illinois if the person or facility selling or 32 dispensing the alcoholic liquor has provided dram shop 33 liability insurance with coverage and in amounts that the 34 Committee reasonably determines are necessary. HB0236 Engrossed -653- LRB9100031DJcdA 1 Alcoholic liquors may be sold or delivered in the 2 building located at 1200 Centerville Avenue in Belleville, 3 Illinois and occupied by either the Belleville Area Special 4 Education District or the Belleville Area Special Services 5 Cooperative. 6 (Source: P.A. 89-34, eff. 6-23-95; 89-262, eff. 8-10-95; 7 89-376, eff. 8-18-95; 89-445, eff. 2-7-96; 89-502, eff. 8 6-28-96; 89-544, eff. 7-19-96; 89-626, eff. 8-9-96; 90-14, 9 eff. 7-1-97.) 10 (235 ILCS 5/10-1) (from Ch. 43, par. 183) 11 Sec. 10-1. Violations; penalties. Whereas a substantial 12 threat to the sound and careful control, regulation, and 13 taxation of the manufacture, sale, and distribution of 14 alcoholic liquors exists by virtue of individuals who 15 manufacture, import, distribute, or sell alcoholic liquors 16 within the State without having first obtained a valid 17 license to do so, and whereas such threat is especially 18 serious along the borders of this State, and whereas such 19 threat requires immediate correction by this Act, by active 20 investigation and prosecution by law enforcement officials 21 and prosecutors, and by prompt and strict enforcement through 22 the courts of this State to punish violators and to deter 23 such conduct in the future: 24 (a) Any person who manufactures, imports for 25 distribution or use, or distributes or sells alcoholic liquor 26 at any place within the State without having first obtained a 27 valid license to do so under the provisions of this Act shall 28 be guilty of a business offense and fined not more than 29 $1,000 for the first such offense and shall be guilty of a 30 Class 4 felony for each subsequent offense. 31 (b) (1) Any retailer, licensed in this State, who 32 knowingly causes to furnish, give, sell, or otherwise being 33 within the State, any alcoholic liquor destined to be used, HB0236 Engrossed -654- LRB9100031DJcdA 1 distributed, consumed or sold in another state, unless such 2 alcoholic liquor was received in this State by a duly 3 licensed distributor, or importing distributors shall have 4 his license suspended for 7 days for the first offense and 5 for the second offense, shall have his license revoked by the 6 Commission. 7 (2) In the event the Commission receives a certified 8 copy of a final order from a foreign jurisdiction that an 9 Illinois retail licensee has been found to have violated that 10 foreign jurisdiction's laws, rules, or regulations concerning 11 the importation of alcoholic liquor into that foreign 12 jurisdiction, the violation may be grounds for the Commission 13 to revoke, suspend, or refuse to issue or renew a license, to 14 impose a fine, or to take any additional action provided by 15 this Act with respect to the Illinois retail license or 16 licensee. Any such action on the part of the Commission 17 shall be in accordance with this Act and implementing rules. 18 For the purposes of paragraph (2): (i) "foreign 19 jurisdiction" means a state, territory, or possession of the 20 United States, the District of Columbia, or the Commonwealth 21 of Puerto Rico, and (ii) "final order" means an order or 22 judgment of a court or administrative body that determines 23 the rights of the parties respecting the subject matter of 24 the proceeding, that remains in full force and effect, and 25 from which no appeal can be taken. 26 (c) Any person who shall make any false statement or 27 otherwise violates any of the provisions of this Act in 28 obtaining any license hereunder, or who having obtained a 29 license hereunder shall violate any of the provisions of this 30 Act with respect to the manufacture, possession, distribution 31 or sale of alcoholic liquor, or with respect to the 32 maintenance of the licensed premises, or shall violate any 33 other provision of this Act, shall for a first offense be 34 guilty of a petty offense and fined not more than $500, and HB0236 Engrossed -655- LRB9100031DJcdA 1 for a second or subsequent offense shall be guilty of a Class 2 B misdemeanor. 3 (d) Each day any person engages in business as a 4 manufacturer, foreign importer, importing distributor, 5 distributor or retailer in violation of the provisions of 6 this Act shall constitute a separate offense. 7 (e) Any person, under the age of 21 years who, for the 8 purpose of buying, accepting or receiving alcoholic liquor 9 from a licensee, represents that he is 21 years of age or 10 over shall be guilty of a Class A misdemeanor. 11 (f) In addition to the penalties herein provided, any 12 person licensed as a wine-maker in either class who 13 manufactures more wine than authorized by his license shall 14 be guilty of a business offense and shall be fined $1 for 15 each gallon so manufactured. 16 (g) A person shall be exempt from prosecution for a 17 violation of this Act if he is a peace officer in the 18 enforcement of the criminal laws and such activity is 19 approved in writing by one of the following: 20 (1) In all counties, the respective State's 21 Attorney; 22 (2) The Director of State Police under Section 23 2605-10, 2605-15, 2605-75, 2605-100, 2605-105, 2605-110, 24 2605-115, 2605-120, 2605-130, 2605-140, 2605-190, 25 2605-200, 2605-205, 2605-210, 2605-215, 2605-250, 26 2605-275, 2605-300, 2605-305, 2605-315, 2605-325, 27 2605-335, 2605-340, 2605-350, 2605-355, 2605-360, 28 2605-365, 2605-375, 2605-390, 2605-400, 2605-405, 29 2605-420, 2605-430, 2605-435, 2605-500, 2605-525, or 30 2605-550 of the Department of State Police Law (20 ILCS 31 2605/2605-10, 2605/2605-15, 2605/2605-75, 2605/2605-100, 32 2605/2605-105, 2605/2605-110, 2605/2605-115, 33 2605/2605-120, 2605/2605-130, 2605/2605-140, 34 2605/2605-190, 2605/2605-200, 2605/2605-205, HB0236 Engrossed -656- LRB9100031DJcdA 1 2605/2605-210, 2605/2605-215, 2605/2605-250, 2 2605/2605-275, 2605/2605-300, 2605/2605-305, 3 2605/2605-315, 2605/2605-325, 2605/2605-335, 4 2605/2605-340, 2605/2605-350, 2605/2605-355, 5 2605/2605-360, 2605/2605-365, 2605/2605-375, 6 2605/2605-390, 2605/2605-400, 2605/2605-405, 7 2605/2605-420, 2605/2605-430, 2605/2605-435, 8 2605/2605-500, 2605/2605-525, or 2605/2605-550)Section955a of The Civil Administrative Code of Illinois; or 10 (3) In cities over 1,000,000, the Superintendent of 11 Police. 12 (Source: P.A. 90-739, eff. 8-13-98.) 13 Section 5-465. The Personal Property Storage Act is 14 amended by changing Section 6 as follows: 15 (240 ILCS 10/6) (from Ch. 111 2/3, par. 124) 16 Sec. 6. Bond or legal liability insurance policy. Prior 17 to the issuance of a license, the personal property 18 warehouseman shall file with the Department a surety bond, or 19 legal liability insurance policy on a form prescribed by the 20 Department, signed by the warehouseman as principal and by a 21 responsible company authorized to execute surety bonds within 22 the State of Illinois. The bond shall contain provisions for 23 faithful performance by the applicant of his duties as a 24 warehouseman in accordance with this Act, the rules and 25 regulations thereof, and the "Uniform Commercial Code", as 26 now or hereafter amended. Such bond shall also contain 27 provisions for the payment of any loss or damage sustained by 28 any depositor of property stored. 29 The amount of such bond is determined upon the following 30 basis: 31 For less than 20,000 net square feet of floor space or 32 for less than 50,000 net cubic feet of volume devoted to the HB0236 Engrossed -657- LRB9100031DJcdA 1 storage of personal property, $5,000; 2 For 20,000 and less than 50,000 net square feet of floor 3 space or for 50,000 and less than 100,000 net cubic feet of 4 volume devoted to the storage of personal property, $10,000; 5 For 50,000 and less than 100,000 net square feet of floor 6 space or for 100,000 and less than 200,000 net cubic feet of 7 volume devoted to the storage of personal property, $15,000; 8 For 100,000 and less than 200,000 net square feet of 9 floor space or for 200,000 and less than 300,000 net cubic 10 feet of volume devoted to the storage of personal property, 11 $20,000; 12 For 200,000 and less than 300,000 net square feet of 13 floor space or for 300,000 and less than 400,000 net cubic 14 feet of volume devoted to the storage of personal property, 15 $25,000; and 16 For 300,000 or more net square feet of floor space or for 17 400,000 or more net cubic feet of volume devoted to the 18 storage of personal property, $25,000 plus an additional 19 $5,000 for each additional 100,000 net square feet, or net 20 cubic feet of volume, or fraction thereof. 21 Such bond is to be made payable to the People of the 22 State of Illinois, for the use and benefit of all persons 23 aggrieved by the failure of the operator to comply with this 24 Act, and shall not be cancelled during the period for which 25 any license is issued, except upon at least 90 days' notice, 26 in writing, to the Department. 27 If bond other than a surety bond is filed, it must be 28 secured by real estate having a value of not less than double 29 the amount of such bond over and above all exemptions and 30 liens thereon. Such bond shall be recorded and be a lien on 31 the real estate for the amount thereof, and the recording 32 fees paid by the applicant or operator. 33 Any operator may, in lieu of a bond, file with the 34 Department a certified copy of a legal liability insurance HB0236 Engrossed -658- LRB9100031DJcdA 1 policy or a certificate of deposit. The principal amount of 2 the legal liability insurance policy and the certificate of 3 deposit shall be the same as that required for a surety bond 4 under this Act. Any certificate of deposit filed with the 5 Department, in lieu of a surety bond, shall be payable to the 6 Director of the Department as Trustee and the interest 7 thereon shall be made payable to the purchaser thereof. 8 The legal liability insurance policy shall contain a loss 9 payable endorsement making such policy payable to the People 10 of the State of Illinois, with the Director of the Department 11 as Trustee. The legal liability insurance policy shall not 12 be cancelled during the period for which any license is 13 issued, except upon at least 90 days' notice in writing to 14 the Department. When in the discretion of the Department, the 15 legal liability insurance policy or the assets of a 16 warehouseman appear to be insufficient, when compared to his 17 storage obligations or to meet the bond requirements of the 18 United States, or any agency or corporation controlled by the 19 United States when they have a contract for storage with the 20 warehouseman, or for any other reason it may appear necessary 21 to the Department, the Department may require such additional 22 bond or legal liability insurance policy as may be reasonable 23 in the circumstances. 24 The Director of Agriculture as trustee of the bond or 25 policy shall have the authorities granted him in Section 26 205-41040.23of the Department of Agriculture Law (20 ILCS 27 205/205-410)Civil Administrative Code of Illinoisand the 28 rules and regulations adopted pursuant thereto. 29 Failure to keep such bond or insurance policy in effect 30 is cause for the revocation of any license. 31 (Source: P.A. 83-1065.) 32 Section 5-470. The Grain Code is amended by changing 33 Sections 1-10, 1-15, and 20-25 as follows: HB0236 Engrossed -659- LRB9100031DJcdA 1 (240 ILCS 40/1-10) 2 Sec. 1-10. Definitions. As used in this Act: 3 "Board" means the governing body of the Illinois Grain 4 Insurance Corporation. 5 "Certificate" means a document, other than the license, 6 issued by the Department that certifies that a grain dealer's 7 license has been issued and is in effect. 8 "Claimant" means: 9 (a) a person, including, without limitation, a lender: 10 (1) who possesses warehouse receipts issued from an 11 Illinois location covering grain owned or stored by a 12 failed warehouseman; or 13 (2) who has other written evidence of a storage 14 obligation of a failed warehouseman issued from an 15 Illinois location in favor of the holder, including, but 16 not limited to, scale tickets, settlement sheets, and 17 ledger cards; or 18 (3) who has loaned money to a warehouseman and was 19 to receive a warehouse receipt issued from an Illinois 20 location as security for that loan, who surrendered 21 warehouse receipts as part of a grain sale at an Illinois 22 location, or who delivered grain out of storage with the 23 warehouseman as part of a grain sale at an Illinois 24 location; and 25 (i) the grain dealer or warehouseman failed 26 within 21 days after the loan of money, the 27 surrender of warehouse receipts, or the delivery of 28 grain, as the case may be, and no warehouse receipt 29 was issued or payment in full was not made on the 30 grain sale, as the case may be; or 31 (ii) written notice was given by the person to 32 the Department within 21 days after the loan of 33 money, the surrender of warehouse receipts, or the 34 delivery of grain, as the case may be, stating that HB0236 Engrossed -660- LRB9100031DJcdA 1 no warehouse receipt was issued or payment in full 2 made on the grain sale, as the case may be; or 3 (b) a producer not included in item (a)(3) in the 4 definition of "Claimant" who possesses evidence of the sale 5 at an Illinois location of grain delivered to a failed grain 6 dealer and who was not paid in full. 7 "Class I warehouseman" means a warehouseman who is 8 authorized to issue negotiable and non-negotiable warehouse 9 receipts. 10 "Class II warehouseman" means a warehouseman who is 11 authorized to issue only non-negotiable warehouse receipts. 12 "Code" means the Grain Code. 13 "Collateral" means: 14 (a) irrevocable letters of credit; 15 (b) certificates of deposit; 16 (c) cash or a cash equivalent; or 17 (d) any other property acceptable to the Department to 18 the extent there exists equity in that property. For the 19 purposes of this item (d), "equity" is the amount by which 20 the fair market value of the property exceeds the amount owed 21 to a creditor who has a valid, prior, perfected security 22 interest in or other lien on the property. 23 "Corporation" means the Illinois Grain Insurance 24 Corporation. 25 "Daily position record" means a grain inventory 26 accountability record maintained on a daily basis that 27 includes an accurate reflection of changes in grain 28 inventory, storage obligations, company-owned inventory by 29 commodity, and other information that is required by the 30 Department. 31 "Daily grain transaction report" means a record of the 32 daily transactions of a grain dealer showing the amount of 33 all grain received and shipped during each day and the amount 34 on hand at the end of each day. HB0236 Engrossed -661- LRB9100031DJcdA 1 "Date of delivery of grain" means: 2 (a) the date grain is delivered to a grain dealer for 3 the purpose of sale; 4 (b) the date grain is delivered to a warehouseman for 5 the purpose of storage; or 6 (c) in reference to grain in storage with a 7 warehouseman, the date a warehouse receipt representing 8 stored grain is delivered to the issuer of the warehouse 9 receipt for the purpose of selling the stored grain or, if no 10 warehouse receipt was issued: 11 (1) the date the purchase price for stored grain is 12 established; or 13 (2) if sold by price later contract, the date of 14 the price later contract. 15 "Department" means the Illinois Department of 16 Agriculture. 17 "Depositor" means a person who has evidence of a storage 18 obligation from a warehouseman. 19 "Director", unless otherwise provided, means the Illinois 20 Director of Agriculture, or the Director's designee. 21 "Emergency storage" means space measured in bushels and 22 used for a period of time not to exceed 3 months for storage 23 of grain as a consequence of an emergency situation. 24 "Equity assets" means: 25 (a) The equity in any property of the licensee or failed 26 licensee, other than grain assets. For purposes of this item 27 (a): 28 (1) "equity" is the amount by which the fair market 29 value of the property exceeds the amount owed to a 30 creditor who has a valid security interest in or other 31 lien on the property that was perfected before the date 32 of failure of the licensee; 33 (2) a creditor is not deemed to have a valid 34 security interest or other lien on property if (i) the HB0236 Engrossed -662- LRB9100031DJcdA 1 property can be directly traced as being from the sale of 2 grain by the licensee or failed licensee; (ii) the 3 security interest was taken as additional collateral on 4 account of an antecedent debt owed to the creditor; and 5 (iii) the security interest or other lien was perfected 6 (A) on or within 90 days before the date of failure of 7 the licensee or (B) when the creditor is a related 8 person, within one year of the date of failure of the 9 licensee. 10 "Failure" means, in reference to a licensee: 11 (a) a formal declaration of insolvency; 12 (b) a revocation of a license; 13 (c) a failure to apply for license renewal, leaving 14 indebtedness to claimants; 15 (d) a denial of license renewal, leaving indebtedness to 16 claimants; or 17 (e) a voluntary surrender of a license, leaving 18 indebtedness to claimants. 19 "Federal warehouseman" means a warehouseman licensed by 20 the United States government under the United States 21 Warehouse Act (7 U.S.C. 241 et seq.). 22 "Fund" means the Illinois Grain Insurance Fund. 23 "Grain" means corn, soybeans, wheat, oats, rye, barley, 24 grain sorghum, canola, buckwheat, flaxseed, edible soybeans, 25 and other like agricultural commodities designated by rule. 26 "Grain assets" means: 27 (a) all grain owned and all grain stored by a licensee 28 or failed licensee, wherever located; 29 (b) redeposited grain of a licensee or failed licensee; 30 (c) identifiable proceeds including, but not limited to, 31 insurance proceeds received by or due to a licensee or failed 32 licensee resulting from the sale, exchange, destruction, 33 loss, theft, or other disposition of grain by the licensee or 34 failed licensee; or HB0236 Engrossed -663- LRB9100031DJcdA 1 (d) assets in hedging or speculative margin accounts 2 held by commodity or security exchanges on behalf of a 3 licensee or failed licensee and any moneys due or to become 4 due to a licensee or failed licensee, less any secured 5 financing directly associated with those assets or moneys, 6 from any transactions on those exchanges. 7 For purposes of this Act, storage charges, drying 8 charges, price later contract service charges, and other 9 grain service charges received by or due to a licensee or 10 failed licensee shall not be deemed to be grain assets, nor 11 shall such charges be deemed to be proceeds from the sale or 12 other disposition of grain by a licensee or a failed 13 licensee, or to have been directly or indirectly traceable 14 from, to have resulted from, or to have been derived in whole 15 or in part from, or otherwise related to, the sale or other 16 disposition of grain by the licensee or failed licensee. 17 "Grain dealer" means a person who is licensed by the 18 Department to engage in the business of buying grain from 19 producers. 20 "Grain Indemnity Trust Account" means a trust account 21 established by the Director under Section 205-41040.23of 22 the Department of Agriculture Law (20 ILCS 205/205-410)Civil23Administrative Code of Illinoisthat is used for the receipt 24 and disbursement of moneys paid from the Fund and proceeds 25 from the liquidation of and collection upon grain assets, 26 equity assets, collateral, or guarantees of or relating to 27 failed licensees. The Grain Indemnity Trust Account shall be 28 used to pay valid claims, authorized refunds from the Fund, 29 and expenses incurred in preserving, liquidating, and 30 collecting upon grain assets, equity assets, collateral, and 31 guarantees relating to failed licensees. 32 "Guarantor" means a person who assumes all or part of the 33 obligations of a licensee to claimants. 34 "Guarantee" means a document executed by a guarantor by HB0236 Engrossed -664- LRB9100031DJcdA 1 which the guarantor assumes all or part of the obligations of 2 a licensee to claimants. 3 "Incidental grain dealer" means a grain dealer who 4 purchases grain only in connection with a feed milling 5 operation and whose total purchases of grain from producers 6 during the grain dealer's fiscal year do not exceed $100,000. 7 "Licensed storage capacity" means the maximum grain 8 storage capacity measured in bushels approved by the 9 applicable licensing agency for use by a warehouseman. 10 "Licensee" means a grain dealer or warehouseman who is 11 licensed by the Department and a federal warehouseman that is 12 a participant in the Fund, under subsection (c) of Section 13 30-10. 14 "Official grain standards" means the official grade 15 designations as adopted by the United States Department of 16 Agriculture under the United States Grain Standards Act and 17 regulations adopted under that Act (7 U.S.C. 71 et seq. and 7 18 CFR 810.201 et seq.). 19 "Permanent storage capacity" means the capacity of 20 permanent structures available for storage of grain on a 21 regular and continuous basis and measured in bushels. 22 "Person" means any individual or entity, including, but 23 not limited to, a sole proprietorship, a partnership, a 24 corporation, a cooperative, an association, a limited 25 liability company, an estate, or a trust. 26 "Price later contract" means a written contract for the 27 sale of grain whereby any part of the purchase price may be 28 established by the seller after delivery of the grain to a 29 grain dealer according to a pricing formula contained in the 30 contract. Title to the grain passes to the grain dealer at 31 the time of delivery. The precise form and the general terms 32 and conditions of the contract shall be established by rule. 33 "Producer" means the owner, tenant, or operator of land 34 who has an interest in and receives all or part of the HB0236 Engrossed -665- LRB9100031DJcdA 1 proceeds from the sale of the grain produced on the land. 2 "Producer protection holding corporation" means a holding 3 corporation to receive, hold title to, and liquidate assets 4 of or relating to a failed licensee, including assets in 5 reference to collateral or guarantees relating to a failed 6 licensee. 7 "Related persons" means affiliates of a licensee, key 8 persons of a licensee, owners of a licensee, and persons who 9 have control over a licensee. For the purposes of this 10 definition: 11 (a) "Affiliate" means a person who has direct or 12 indirect control of a licensee, is controlled by a 13 licensee, or is under common control with a licensee. 14 (b) "Key person" means an officer, a director, a 15 trustee, a partner, a proprietor, a manager, a managing 16 agent, or the spouse of a licensee. An officer or a 17 director of an entity organized or operating as a 18 cooperative, however, shall not be considered to be a 19 "key person". 20 (c) "Owner" means the holder of: over 10% of the 21 total combined voting power of a corporation or over 10% 22 of the total value of shares of all classes of stock of a 23 corporation; over a 10% interest in a partnership; over 24 10% of the value of a trust computed actuarially; or over 25 10% of the legal or beneficial interest in any other 26 business, association, endeavor, or entity that is a 27 licensee. For purposes of computing these percentages, a 28 holder is deemed to own stock or other interests in a 29 business entity whether the ownership is direct or 30 indirect. 31 (d) "Control" means the power to exercise authority 32 over or direct the management or policies of a business 33 entity. 34 (e) "Indirect" means an interest in a business held HB0236 Engrossed -666- LRB9100031DJcdA 1 by the holder not through the holder's actual holdings in 2 the business, but through the holder's holdings in other 3 businesses. 4 (f) Notwithstanding any other provision of this 5 Act, the term "related person" does not include a lender, 6 secured party, or other lien holder solely by reason of 7 the existence of the loan, security interest, or lien, or 8 solely by reason of the lender, secured party, or other 9 lien holder having or exercising any right or remedy 10 provided by law or by agreement with a licensee or a 11 failed licensee. 12 "Successor agreement" means an agreement by which a 13 licensee succeeds to the grain obligations of a former 14 licensee. 15 "Temporary storage space" means space measured in bushels 16 and used for 6 months or less for storage of grain on a 17 temporary basis due to a need for additional storage in 18 excess of permanent storage capacity. 19 "Trust account" means the Grain Indemnity Trust Account. 20 "Valid claim" means a claim, submitted by a claimant, 21 whose amount and category have been determined by the 22 Department, to the extent that determination is not subject 23 to further administrative review or appeal. 24 "Warehouse" means a building, structure, or enclosure in 25 which grain is stored for the public for compensation, 26 whether grain of different owners is commingled or whether 27 identity of different lots of grain is preserved. 28 "Warehouse receipt" means a receipt for the storage of 29 grain issued by a warehouseman. 30 "Warehouseman" means a person who is licensed: 31 (a) by the Department to engage in the business of 32 storing grain for compensation; or 33 (b) under the United States Warehouse Act who 34 participates in the Fund under subsection (c) of Section HB0236 Engrossed -667- LRB9100031DJcdA 1 30-10. 2 (Source: P.A. 89-287, eff. 1-1-96.) 3 (240 ILCS 40/1-15) 4 Sec. 1-15. Powers and duties of Director. The Director 5 has all powers necessary and proper to fully and effectively 6 execute the provisions of this Code and has the general duty 7 to implement this Code. The Director's powers and duties 8 include, but are not limited to, the following: 9 (1) The Director may, upon application, issue or refuse 10 to issue licenses under this Code, and the Director may 11 extend, renew, reinstate, suspend, revoke, or accept 12 voluntary surrender of licenses under this Code. 13 (2) The Director shall examine and inspect each licensee 14 at least once each calendar year. The Director may inspect 15 the premises used by a licensee at any time. The books, 16 accounts, records, and papers of a licensee are at all times 17 during business hours subject to inspection by the Director. 18 Each licensee may also be required to make reports of its 19 activities, obligations, and transactions that are deemed 20 necessary by the Director to determine whether the interests 21 of producers and the holders of warehouse receipts are 22 adequately protected and safeguarded. The Director may take 23 action or issue orders that in the opinion of the Director 24 are necessary to prevent fraud upon or discrimination against 25 producers or depositors by a licensee. 26 (3) The Director may, upon his or her initiative or upon 27 the written verified complaint of any person setting forth 28 facts that if proved would constitute grounds for a refusal 29 to issue or renew a license or for a suspension or revocation 30 of a license, investigate the actions of any person applying 31 for, holding, or claiming to hold a license or any related 32 party of that person. 33 (4) The Director (but not the Director's designee) may HB0236 Engrossed -668- LRB9100031DJcdA 1 issue subpoenas and bring before the Department any person 2 and take testimony either at an administrative hearing or by 3 deposition with witness fees and mileage fees and in the same 4 manner as prescribed in the Code of Civil Procedure. The 5 Director or the Director's designee may administer oaths to 6 witnesses at any proceeding that the Department is authorized 7 by law to conduct. The Director (but not the Director's 8 designee) may issue subpoenas duces tecum to command the 9 production of records relating to a licensee, guarantor, 10 related business, related person, or related party. Subpoenas 11 are subject to the rules of the Department. 12 (5) Notwithstanding other judicial remedies, the 13 Director may file a complaint and apply for a temporary 14 restraining order or preliminary or permanent injunction 15 restraining or enjoining any person from violating or 16 continuing to violate this Code or its rules. 17 (6) The Director shall act as Trustee for the Trust 18 Account, act as Trustee over all collateral, guarantees, 19 grain assets, and equity assets held by the Department for 20 the benefit of claimants, and exercise certain powers and 21 perform related duties under Section 20-5 of this Code and 22 Section 205-41040.23of the Department of Agriculture Law 23 (20 ILCS 205/205-410)Civil Administrative Code of Illinois, 24 except that the provisions of the Trust and Trustees Act do 25 not apply to the Trust Account or any other trust created 26 under this Code. 27 (7) The Director shall personally serve as president of 28 the Corporation. 29 (8) The Director shall collect and deposit all monetary 30 penalties and assessments authorized under this Code into the 31 Fund. 32 (9) The Director may initiate any action necessary to 33 pay refunds from the Fund. 34 (10) The Director shall maintain a holding corporation HB0236 Engrossed -669- LRB9100031DJcdA 1 to receive, hold title to, and liquidate assets of or 2 relating to a failed licensee, including assets in reference 3 to collateral or guarantees, and deposit the proceeds into 4 the Fund. 5 (11) The Director may initiate, participate in, or 6 withdraw from any proceedings to liquidate and collect upon 7 grain assets, equity assets, collateral, and guarantees 8 relating to a failed licensee, including, but not limited to, 9 all powers needed to carry out the provisions of Section 10 20-15. 11 (12) The Director, as Trustee or otherwise, may take any 12 action that may be reasonable or appropriate to enforce this 13 Code and its rules. 14 (Source: P.A. 89-287, eff. 1-1-96.) 15 (240 ILCS 40/20-25) 16 Sec. 20-25. Refusal of licensee to allow liquidation. 17 (a) If, after a failure, the failed licensee does not 18 transfer control of the grain assets to the Trustee, the 19 Director may, in conjunction with the authority granted in 20 this Code and in Section 205-41040.23of the Department of 21 Agriculture Law (20 ILCS 205/205-410)Civil Administrative22Code of Illinois, file a complaint and apply to a court of 23 competent jurisdiction for a temporary restraining order, a 24 preliminary injunction, or a permanent injunction to be 25 entered without bond to carry out the provisions of this 26 Code. 27 (b) If a party seeks relief from a court of competent 28 jurisdiction that would enjoin, restrain, stay, or otherwise 29 resist either (1) an administrative order of the Department 30 that suspends, revokes, or denies renewal of a license under 31 this Code or (2) an action brought by the Department relating 32 to liquidation of a licensee, the court shall require the 33 party requesting the relief to provide a bond as provided for HB0236 Engrossed -670- LRB9100031DJcdA 1 in the Code of Civil Procedure. The bond shall be in an 2 amount adequate to assure that all producers and depositors 3 will be paid while the licensee is operating following 4 suspension, revocation, or denial of renewal of a license 5 under the judicial relief for grain sold to or stored with 6 the licensee. The bond shall be in a minimum amount 7 sufficient to satisfy all existing grain obligations of the 8 licensee for grain purchased, sold, or stored. In setting 9 the amount of the bond, the court shall consider increasing 10 the amount of the bond based upon a consideration of other 11 factors, including, but not limited to, the total dollar 12 amount of grain purchased annually by the licensee and the 13 value of the storage obligations of the licensee. 14 (Source: P.A. 89-287, eff. 1-1-96; 89-626, eff. 8-9-96.) 15 Section 5-475. The Illinois Public Aid Code is amended by 16 changing Sections 11-9 and 12-1 as follows: 17 (305 ILCS 5/11-9) (from Ch. 23, par. 11-9) 18 (Text of Section after amendment by P.A. 90-590) 19 Sec. 11-9. Protection of records - Exceptions. For the 20 protection of applicants and recipients, the Illinois 21 Department, the county departments and local governmental 22 units and their respective officers and employees are 23 prohibited, except as hereinafter provided, from disclosing 24 the contents of any records, files, papers and 25 communications, except for purposes directly connected with 26 the administration of public aid under this Code. 27 In any judicial proceeding, except a proceeding directly 28 concerned with the administration of programs provided for in 29 this Code, such records, files, papers and communications, 30 and their contents shall be deemed privileged communications 31 and shall be disclosed only upon the order of the court, 32 where the court finds such to be necessary in the interest of HB0236 Engrossed -671- LRB9100031DJcdA 1 justice. 2 The Illinois Department shall establish and enforce 3 reasonable rules and regulations governing the custody, use 4 and preservation of the records, papers, files, and 5 communications of the Illinois Department, the county 6 departments and local governmental units receiving State or 7 Federal funds or aid. The governing body of other local 8 governmental units shall in like manner establish and enforce 9 rules and regulations governing the same matters. 10 The contents of case files pertaining to recipients under 11 Articles IV, V, VI, and VII shall be made available without 12 subpoena or formal notice to the officers of any court, to 13 all law enforcing agencies, and to such other persons or 14 agencies as from time to time may be authorized by any court. 15 In particular, the contents of those case files shall be made 16 available upon request to a law enforcement agency for the 17 purpose of determining the current address of a recipient 18 with respect to whom an arrest warrant is outstanding. 19 Information shall also be disclosed to the Illinois State 20 Scholarship Commission pursuant to an investigation or audit 21 by the Illinois State Scholarship Commission of a delinquent 22 student loan or monetary award. 23 This Section does not prevent the Illinois Department and 24 local governmental units from reporting to appropriate law 25 enforcement officials the desertion or abandonment by a 26 parent of a child, as a result of which financial aid has 27 been necessitated under Articles IV, V, VI, or VII, or 28 reporting to appropriate law enforcement officials instances 29 in which a mother under age 18 has a child out of wedlock and 30 is an applicant for or recipient of aid under any Article of 31 this Code. The Illinois Department may provide by rule for 32 the county departments and local governmental units to 33 initiate proceedings under the Juvenile Court Act of 1987 to 34 have children declared to be neglected when they deem such HB0236 Engrossed -672- LRB9100031DJcdA 1 action necessary to protect the children from immoral 2 influences present in their home or surroundings. 3 This Section does not preclude the full exercise of the 4 powers of the Board of Public Aid Commissioners to inspect 5 records and documents, as provided for all advisory boards 6 pursuant to Section 5-5058of the Departments of State 7 Government Law (20 ILCS 5/5-505)"The Civil Administrative8Code of Illinois", approved March 7, 1917, as amended. 9 This Section does not preclude exchanges of information 10 among the Illinois Department of Public Aid, the Department 11 of Human Services (as successor to the Department of Public 12 Aid), and the Illinois Department of Revenue for the purpose 13 of verifying sources and amounts of income and for other 14 purposes directly connected with the administration of this 15 Code and of the Illinois Income Tax Act. 16 The provisions of this Section and of Section 11-11 as 17 they apply to applicants and recipients of public aid under 18 Articles III, IV and V shall be operative only to the extent 19 that they do not conflict with any Federal law or regulation 20 governing Federal grants to this State for such programs. 21 The Illinois Department of Public Aid and the Department 22 of Human Services (as successor to the Illinois Department of 23 Public Aid) shall enter into an inter-agency agreement with 24 the Department of Children and Family Services to establish a 25 procedure by which employees of the Department of Children 26 and Family Services may have immediate access to records, 27 files, papers, and communications (except medical, alcohol or 28 drug assessment or treatment, mental health, or any other 29 medical records) of the Illinois Department, county 30 departments, and local governmental units receiving State or 31 federal funds or aid, if the Department of Children and 32 Family Services determines the information is necessary to 33 perform its duties under the Abused and Neglected Child 34 Reporting Act, the Child Care Act of 1969, and the Children HB0236 Engrossed -673- LRB9100031DJcdA 1 and Family Services Act. 2 (Source: P.A. 89-507, eff. 7-1-97; 89-583, eff. 1-1-97; 3 90-14, eff. 7-1-97; 90-590, eff. 1-1-00.) 4 (305 ILCS 5/12-1) (from Ch. 23, par. 12-1) 5 Sec. 12-1. Administration of Code; Illinois Department of 6 Public Aid. 7 (a) This Code shall be administered by the Department of 8 Human Services and the Illinois Department of Public Aid as 9 provided in the Department of Human Services Act. 10 (b) The Department of Public Aid shall be under the 11 supervision and direction of the Director of Public Aid, as 12 provided in Section 5-204of the Departments of State 13 Government Law (20 ILCS 5/5-20)Civil Administrative Code of14Illinois. The Director shall be appointed pursuant to the 15 provisions of Section 5-60512and meet the qualifications of 16 Section 5-2307.09of that LawCode. 17 The Assistant Director of Public Aid, created by Section 18 5-1655.13cof the Departments of State Government Law (20 19 ILCS 5/5-165)Civil Administrative Code of Illinois, shall be 20 appointed pursuant to the provisions of Section 5-60512of 21 that LawCodeand shall meet the qualifications prescribed in 22 Section 5-230 of that Law7.09 thereof. 23 The salaries of the Director and the Assistant Director 24 shall be those specified in Section 5-3959.17of the 25 Departments of State Government Law (20 ILCS 5/5-395)Civil26Administrative Code of Illinois. 27 The Illinois Department of Public Aid and the Director of 28 Public Aid shall comply with other provisions of the Civil 29 Administrative Code of Illinois which are generally 30 applicable to the several departments of the State Government 31 created by that Code. 32 (Source: P.A. 89-507, eff. 7-1-97.) HB0236 Engrossed -674- LRB9100031DJcdA 1 Section 5-480. The Abused and Neglected Child Reporting 2 Act is amended by changing Section 7.4 as follows: 3 (325 ILCS 5/7.4) (from Ch. 23, par. 2057.4) 4 Sec. 7.4. (a) The Department shall be capable of 5 receiving reports of suspected child abuse or neglect 24 6 hours a day, 7 days a week. Whenever the Department receives 7 a report alleging that a child is a truant as defined in 8 Section 26-2a of The School Code, as now or hereafter 9 amended, the Department shall notify the superintendent of 10 the school district in which the child resides and the 11 appropriate superintendent of the educational service region. 12 The notification to the appropriate officials by the 13 Department shall not be considered an allegation of abuse or 14 neglect under this Act. 15 (b) (1) The following procedures shall be followed 16 in the investigation of all reports of suspected abuse or 17 neglect of a child, except as provided in subsection (c) 18 of this Section. 19 (2) If it appears that the immediate safety or 20 well-being of a child is endangered, that the family may 21 flee or the child disappear, or that the facts otherwise 22 so warrant, the Child Protective Service Unit shall 23 commence an investigation immediately, regardless of the 24 time of day or night. In all other cases, investigation 25 shall be commenced within 24 hours of receipt of the 26 report. Upon receipt of a report, the Child Protective 27 Service Unit shall make an initial investigation and an 28 initial determination whether the report is a good faith 29 indication of alleged child abuse or neglect. 30 (3) If the Unit determines the report is a good 31 faith indication of alleged child abuse or neglect, then 32 a formal investigation shall commence and, pursuant to 33 Section 7.12 of this Act, may or may not result in an HB0236 Engrossed -675- LRB9100031DJcdA 1 indicated report. The formal investigation shall 2 include: direct contact with the subject or subjects of 3 the report as soon as possible after the report is 4 received; an evaluation of the environment of the child 5 named in the report and any other children in the same 6 environment; a determination of the risk to such children 7 if they continue to remain in the existing environments, 8 as well as a determination of the nature, extent and 9 cause of any condition enumerated in such report; the 10 name, age and condition of other children in the 11 environment; and an evaluation as to whether there would 12 be an immediate and urgent necessity to remove the child 13 from the environment if appropriate family preservation 14 services were provided. After seeing to the safety of 15 the child or children, the Department shall forthwith 16 notify the subjects of the report in writing, of the 17 existence of the report and their rights existing under 18 this Act in regard to amendment or expungement. To 19 fulfill the requirements of this Section, the Child 20 Protective Service Unit shall have the capability of 21 providing or arranging for comprehensive emergency 22 services to children and families at all times of the day 23 or night. 24 (4) If (i) at the conclusion of the Unit's initial 25 investigation of a report, the Unit determines the report 26 to be a good faith indication of alleged child abuse or 27 neglect that warrants a formal investigation by the Unit, 28 the Department, any law enforcement agency or any other 29 responsible agency and (ii) the person who is alleged to 30 have caused the abuse or neglect is employed or otherwise 31 engaged in an activity resulting in frequent contact with 32 children and the alleged abuse or neglect are in the 33 course of such employment or activity, then the 34 Department shall, except in investigations where the HB0236 Engrossed -676- LRB9100031DJcdA 1 Director determines that such notification would be 2 detrimental to the Department's investigation, inform the 3 appropriate supervisor or administrator of that 4 employment or activity that the Unit has commenced a 5 formal investigation pursuant to this Act, which may or 6 may not result in an indicated report. The Department 7 shall also notify the person being investigated, unless 8 the Director determines that such notification would be 9 detrimental to the Department's investigation. 10 (c) In an investigation of a report of suspected abuse 11 or neglect of a child by a school employee at a school or on 12 school grounds, the Department shall make reasonable efforts 13 to follow the following procedures: 14 (1) Investigations involving teachers shall not, to 15 the extent possible, be conducted when the teacher is 16 scheduled to conduct classes. Investigations involving 17 other school employees shall be conducted so as to 18 minimize disruption of the school day. The school 19 employee accused of child abuse or neglect may have his 20 superior, his association or union representative and his 21 attorney present at any interview or meeting at which the 22 teacher or administrator is present. The accused school 23 employee shall be informed by a representative of the 24 Department, at any interview or meeting, of the accused 25 school employee's due process rights and of the steps in 26 the investigation process. The information shall include, 27 but need not necessarily be limited to the right, subject 28 to the approval of the Department, of the school employee 29 to confront the accuser, if the accuser is 14 years of 30 age or older, or the right to review the specific 31 allegations which gave rise to the investigation, and the 32 right to review all materials and evidence that have been 33 submitted to the Department in support of the allegation. 34 These due process rights shall also include the right of HB0236 Engrossed -677- LRB9100031DJcdA 1 the school employee to present countervailing evidence 2 regarding the accusations. 3 (2) If a report of neglect or abuse of a child by a 4 teacher or administrator does not involve allegations of 5 sexual abuse or extreme physical abuse, the Child 6 Protective Service Unit shall make reasonable efforts to 7 conduct the initial investigation in coordination with 8 the employee's supervisor. 9 If the Unit determines that the report is a good 10 faith indication of potential child abuse or neglect, it 11 shall then commence a formal investigation under 12 paragraph (3) of subsection (b) of this Section. 13 (3) If a report of neglect or abuse of a child by a 14 teacher or administrator involves an allegation of sexual 15 abuse or extreme physical abuse, the Child Protective 16 Unit shall commence an investigation under paragraph (2) 17 of subsection (b) of this Section. 18 (d) If the Department has contact with an employer in 19 the course of its investigation, the Department shall notify 20 the employer, in writing, when a report is unfounded so that 21 any record of the investigation can be expunged from the 22 employee's personnel records. The Department shall also 23 notify the employee, in writing, that notification has been 24 sent to the employer informing the employer that the 25 Department's investigation has resulted in an unfounded 26 report. 27 (e) Upon request by the Department, the Department of 28 State Police and law enforcement agencies are authorized to 29 provide criminal history record information as defined in 30 the Illinois Uniform Conviction Information Act and 31 information maintained in the adjudicatory and dispositional 32 record system as defined insubdivision (A)19 ofSection 33 2605-35555aof the Department of State Police Law (20 ILCS 34 2605/2605-355)Civil Administrative Code of Illinoisto HB0236 Engrossed -678- LRB9100031DJcdA 1 properly designated employees of the Department of Children 2 and Family Services if the Department determines the 3 information is necessary to perform its duties under the 4 Abused and Neglected Child Reporting Act, the Child Care Act 5 of 1969, and the Children and Family Services Act. The 6 request shall be in the form and manner required by the 7 Department of State Police. Any information obtained by the 8 Department of Children and Family Services under this Section 9 is confidential and may not be transmitted outside the 10 Department of Children and Family Services other than to a 11 court of competent jurisdiction or unless otherwise 12 authorized by law. Any employee of the Department of Children 13 and Family Services who transmits confidential information in 14 violation of this Section or causes the information to be 15 transmitted in violation of this Section is guilty of a Class 16 A misdemeanor unless the transmittal of the information is 17 authorized by this Section or otherwise authorized by law. 18 (Source: P.A. 87-400; 88-614, eff. 9-7-94.) 19 Section 5-490. The Mental Health Hispanic Interpreter Act 20 is amended by changing Section 1 as follows: 21 (405 ILCS 75/1) (from Ch. 91 1/2, par. 1751) 22 Sec. 1. Every State-operated mental health and 23 developmental disability facility where at least 1% of total 24 annual admissions for inpatient or outpatient care consists 25 of recipients of Hispanic descent shall provide a qualified 26 interpreter when such recipient lacks proficiency in the 27 English language to such an extent that communication with 28 facility staff for purposes of receiving care or treatment is 29 prevented. An interpreter shall be provided at any time such 30 a recipient is admitted to a State-operated facility or seeks 31 or receives care or treatment at such a facility. The 32 administrator of each State-operated facility may utilize HB0236 Engrossed -679- LRB9100031DJcdA 1 existing facility staff in complying with the requirements of 2 this Act. For purposes of this Act, "State-operated 3 facility" means a facility operated by a Department of State 4 government created under Section 5-153of the Departments of 5 State Government Law (20 ILCS 5/5-15)Civil Administrative6Code of Illinois,or by a public university of this State. 7 (Source: P.A. 88-380.) 8 Section 5-495. The Illinois Rural/Downstate Health Act is 9 amended by changing Section 4 as follows: 10 (410 ILCS 65/4) (from Ch. 111 1/2, par. 8054) 11 Sec. 4. The Center shall have the authority: 12 (a) To assist rural communities and communities in 13 designated shortage areas by providing technical assistance 14 to community leaders in defining their specific health care 15 needs and identifying strategies to address those needs. 16 (b) To link rural communities and communities in 17 designated shortage areas with other units in the Department 18 or other State agencies which can assist in the solution of a 19 health care access problem. 20 (c) To maintain and disseminate information on 21 innovative health care strategies, either directly or 22 indirectly. 23 (d) To administer State or federal grant programs 24 relating to rural health or medically underserved areas 25 established by State or federal law for which funding has 26 been made available. 27 (e) To promote the development of primary care services 28 in rural areas and designated shortage areas. Subject to 29 available appropriations, the Department may annually award 30 grants of up to $300,000 each to enable the health services 31 in those areas to offer multi-service comprehensive 32 ambulatory care, thereby improving access to primary care HB0236 Engrossed -680- LRB9100031DJcdA 1 services. Grants may cover operational and facility 2 construction and renovation expenses, including but not 3 limited to the cost of personnel, medical supplies and 4 equipment, patient transportation, and health provider 5 recruitment. The Department shall prescribe by rule standards 6 and procedures for the provision of local matching funds in 7 relation to each grant application. Grants provided under 8 this paragraph (e) shall be in addition to support and 9 assistance provided under subsection (a) of Section 2310-200 1055.53(a)of the Department of Public Health Powers and Duties 11 Law (20 ILCS 2310/2310-200)Civil Administrative Code of12Illinois. Eligible applicants shall include, but not be 13 limited to, community-based organizations, hospitals, local 14 health departments, and Community Health Centers as defined 15 in Section 4.1 of the Illinois Rural Health Act. 16 (f) To annually provide grants from available 17 appropriations to hospitals located in medically underserved 18 areas or health manpower shortage areas as defined by the 19 United States Department of Health and Human Services, whose 20 governing boards include significant representation of 21 consumers of hospital services residing in the area served by 22 the hospital, and which agree not to discriminate in any way 23 against any consumer of hospital services based upon the 24 consumer's source of payment for those services. Grants that 25 may be awarded under this paragraph (f) shall be limited to 26 $500,000 and shall not exceed 50% of the total project need 27 indicated in each application. Expenses covered by the grants 28 may include but are not limited to facility renovation, 29 equipment acquisition and maintenance, recruitment of health 30 personnel, diversification of services, and joint venture 31 arrangements. 32 (g) To establish a recruitment center which shall 33 actively recruit physicians and other health care 34 practitioners to participate in the program, maintain HB0236 Engrossed -681- LRB9100031DJcdA 1 contacts with participating practitioners, actively promote 2 health care professional practice in designated shortage 3 areas, assist in matching the skills of participating medical 4 students with the needs of community health centers in 5 designated shortage areas, and assist participating medical 6 students in locating in designated shortage areas. 7 (h) To assist communities in designated shortage areas 8 find alternative services or temporary health care providers 9 when existing health care providers are called into active 10 duty with the armed forces of the United States. 11 (i) To develop, in cooperation with the Illinois 12 Development Finance Authority, financing programs whose goals 13 and purposes shall be to provide moneys to carry out the 14 purpose of this Act, including, but not limited to, revenue 15 bond programs, revolving loan programs, equipment leasing 16 programs, and working cash programs. The Department may 17 transfer to the Illinois Development Finance Authority, into 18 an account outside of the State treasury, moneys in special 19 funds of the Department for the purposes of establishing 20 those programs. The disposition of any moneys so transferred 21 shall be determined by an interagency agreement. 22 (Source: P.A. 87-633; 88-535.) 23 Section 5-500. The Illinois Nuclear Safety Preparedness 24 Act is amended by changing Section 8 as follows: 25 (420 ILCS 5/8) (from Ch. 111 1/2, par. 4308) 26 Sec. 8. (a) The Illinois Nuclear Safety Preparedness 27 Program shall consist of an assessment of the potential 28 nuclear accidents, their radiological consequences, and the 29 necessary protective actions required to mitigate the effects 30 of such accidents. It shall include, but not necessarily be 31 limited to: 32 (1) Development of a remote effluent monitoring HB0236 Engrossed -682- LRB9100031DJcdA 1 system capable of reliably detecting and quantifying 2 accidental radioactive releases from nuclear power plants 3 to the environment; 4 (2) Development of an environmental monitoring 5 program for nuclear facilities other than nuclear power 6 plants; 7 (3) Development of procedures for radiological 8 assessment and radiation exposure control for areas 9 surrounding each nuclear facility in Illinois; 10 (4) Radiological training of state and local 11 emergency response personnel in accordance with the 12 Department's responsibilities under the program; 13 (5) Participation in the development of accident 14 scenarios and in the exercising of fixed facility nuclear 15 emergency response plans; 16 (6) Development of mitigative emergency planning 17 standards including, but not limited to, standards 18 pertaining to evacuations, re-entry into evacuated areas, 19 contaminated foodstuffs and contaminated water supplies; 20 (7) Provision of specialized response equipment 21 necessary to accomplish this task; 22 (8) Implementation of the Boiler and Pressure 23 Vessel Safety program at nuclear steam-generating 24 facilities as mandated bysubsection C ofSection 2005-35 2571of the Department of Nuclear Safety Law (20 ILCS 26 2005/2005-35)Civil Administrative Code of Illinois; 27 (9) Development and implementation of a plan for 28 inspecting and escorting all shipments of spent nuclear 29 fuel, high-level radioactive waste, and transuranic waste 30 in Illinois; and 31 (10) Implementation of the program under the 32 Illinois Nuclear Facility Safety Act. 33 (b) The Department may incorporate data collected by the 34 operator of a nuclear facility into the Department's remote HB0236 Engrossed -683- LRB9100031DJcdA 1 monitoring system. 2 (c) The owners of each nuclear power reactor in Illinois 3 shall provide the Department all system status signals which 4 initiate Emergency Action Level Declarations, actuate 5 accident mitigation and provide mitigation verification as 6 directed by the Department. The Department shall designate 7 by rule those system status signals that must be provided. 8 Signals providing indication of operating power level shall 9 also be provided. The owners of the nuclear power reactors 10 shall, at their expense, ensure that valid signals will be 11 provided continuously 24 hours a day. 12 All such signals shall be provided in a manner and at a 13 frequency specified by the Department for incorporation into 14 and augmentation of the remote effluent monitoring system 15 specified in subsection (a) (1) of this Section. Provision 16 shall be made for assuring that such system status and power 17 level signals shall be available to the Department during 18 reactor operation as well as throughout accidents and 19 subsequent recovery operations. 20 For nuclear reactors with operating licenses issued by 21 the Nuclear Regulatory Commission prior to the effective date 22 of this amendatory Act, such system status and power level 23 signals shall be provided to the Department by March 1, 1985. 24 For reactors without such a license on the effective date of 25 this amendatory Act, such signals shall be provided to the 26 Department prior to commencing initial fuel load for such 27 reactor. Nuclear reactors receiving their operating license 28 after the effective date of this amendatory Act, but before 29 July 1, 1985, shall provide such system status and power 30 level signals to the Department by September 1, 1985. 31 (Source: P.A. 90-601, eff. 6-26-98.) 32 Section 5-505. The Fireworks Regulation Act of Illinois 33 is amended by changing Section 21 as follows: HB0236 Engrossed -684- LRB9100031DJcdA 1 (425 ILCS 30/21) (from Ch. 127 1/2, par. 121) 2 Sec. 21. The manner of conducting hearings provided for 3 in section 20 of this Act shall conform, as nearly as may be, 4 to the provisions governing hearings set forth in Sections 5 2105-100, 2105-105, 2105-110, 2105-115, 2105-120, and 6 2105-12560-c to 60-h, inclusive,of"the Department of 7 Professional Regulation Law (20 ILCS 2105/2105-100, 8 2105/2105-105, 2105/2105-110, 2105/2105-115, 2105/2105-120, 9 and 2105/2105-125)Civil Administrative Code of Illinois,"10approved March 7, 1917, as amended. 11 (Source: Laws 1949, p. 715.) 12 Section 5-510. The Firearm Owners Identification Card Act 13 is amended by changing Section 15a as follows: 14 (430 ILCS 65/15a) (from Ch. 38, par. 83-15a) 15 Sec. 15a. When this amendatory Act enacted by the 16 Seventy-Sixth General Assembly takes effect the records of 17 the Department of Public Safety relating to the 18 administration of the Act amended shall be transferred to the 19 Department of State Police. All Firearm Owner's 20 Identification Cards issued by the Department of Public 21 Safety shall be valid for the period for which they were 22 issued unless revoked or seized in the manner provided in the 23 Act amended. The Department of State Police as the successor 24 to the Department of Public Safety shall have the rights, 25 powers and duties provided in, and be subject to the 26 provisions of Sections 5-95, 5-700, and 5-70532, 33 and 3427 of"the Departments of State Government Law (20 ILCS 5/5-95, 28 5/5-700, and 5/5-705)Civil Administrative Code of Illinois". 29 (Source: P.A. 84-25.) 30 Section 5-515. The Illinois Fertilizer Act of 1961 is 31 amended by changing Section 6a as follows: HB0236 Engrossed -685- LRB9100031DJcdA 1 (505 ILCS 80/6a) (from Ch. 5, par. 55.6a) 2 Sec. 6a. The Department is hereby authorized to 3 establish a program and expend appropriations for a 4 fertilizer research and education program dealing with the 5 relationship of fertilizer use to soil management, soil 6 fertility, plant nutrition problems, and for research on 7 environmental concerns which may be related to fertilizer 8 usage; for the dissemination of the results of such research; 9 and for other designated activities including educational 10 programs to promote the correct and effective usage of 11 fertilizer materials. 12 To assist in the development and administration of the 13 fertilizer research and education program, the Director is 14 authorized to establish a Fertilizer Research and Education 15 Council consisting of 9 persons. This council shall be 16 comprised of 3 persons representing the fertilizer industry, 17 3 persons representing crop production, and 2 persons 18 representing the public at large. In the appointment of 19 persons to the council, the Director shall consult with 20 representative persons and recognized organizations in the 21 respective fields concerning such appointments. The Director 22 or his representative from the Department shall act as 23 chairman of the council. The Director shall call meetings 24 thereof from time to time or when requested by 3 or more 25 appointed members of the council. 26 The responsibilities of the Fertilizer Research and 27 Education Council are to: 28 (a) solicit research and education projects consistent 29 with the scope of the established fertilizer research and 30 education program; 31 (b) review and arrange for peer review of all research 32 proposals for scientific merit and methods, and review or 33 arrange for the review of all proposals for their merit, 34 objective, methods and procedures; HB0236 Engrossed -686- LRB9100031DJcdA 1 (c) evaluate the proposed budget for the projects and 2 make recommendations as necessary; and 3 (d) monitor the progress of projects and report at least 4 once each 6 months on each project's accomplishments to the 5 Director and Board of Agricultural Advisors. 6 The Fertilizer Research and Education Council shall at 7 least annually recommend projects to be approved and funded 8 including recommendations on continuation or cancellation of 9 authorized and ongoing projects to the Board of Agricultural 10 Advisors, which is created in Section 5-5256.01of the 11 Departments of State Government Law (20 ILCS 5/5-525)Civil12Administrative Code of Illinois. The Board of Agricultural 13 Advisors shall review the proposed projects and 14 recommendations of the Fertilizer Research and Education 15 Council and recommend to the Director what projects shall be 16 approved and their priority. In the case of authorized and 17 ongoing projects, the Board of Agricultural Advisors shall 18 recommend to the Director the continuation or cancellation of 19 such projects. 20 When the Director, the Board of Agricultural Advisors, 21 and the Fertilizer Research and Education Council approve a 22 project and subject to available appropriations, the Director 23 shall grant funds to the person originating the proposal. 24 (Source: P.A. 86-232.) 25 Section 5-520. The Illinois Highway Code is amended by 26 changing Section 4-101.15 as follows: 27 (605 ILCS 5/4-101.15) (from Ch. 121, par. 4-101.15) 28 Sec. 4-101.15. The Department of Central Management 29 Services shall procure for or in behalf of each State highway 30 employee, without cost to him, public liability insurance 31 protecting him against any liability arising out of his 32 employment to the extent of the insurance policy limits not HB0236 Engrossed -687- LRB9100031DJcdA 1 exceeding $100,000 or include each such employee under a 2 self-insurance plan implemented under Section 405-10564.1of 3 the Department of Central Management Services Law (20 ILCS 4 405/405-105)Civil Administrative Code of Illinois. 5 (Source: P.A. 82-789.) 6 Section 5-525. The Illinois and Michigan Canal 7 Development Act is amended by changing Section 9 as follows: 8 (615 ILCS 45/9) (from Ch. 19, par. 37.19) 9 Sec. 9. The Department of Natural Resources, upon proper 10 application made thereto, is authorized, subject to the 11 approval of the Governor, to sell, transfer, or convey Canal 12 lands to any department or agency of the United States 13 Government or transfer jurisdiction and control over such 14 lands, pursuant to the provisions of Section 2705-55049.1215 of the Department of Transportation Law (20 ILCS 16 2705/2705-550)"Civil Administrative Code of Illinois" as17amended, to any department or agency of the State of Illinois 18 or convey to any political subdivision thereof, or any quasi 19 public board or agency having present or immediate future 20 need for said Canal land for public recreation, parks, 21 historic sites, or other projects of public nature upon such 22 terms as may be mutually agreed upon by the parties in 23 interest if such sale, transfer or conveyance is in 24 accordance with the master plan for the development and 25 management of the Canal. Said transfer, sale, or conveyance 26 shall contain such conditions and stipulations as the 27 Department may deem necessary to preserve the best interest 28 of the State of Illinois. 29 (Source: P.A. 89-445, eff. 2-7-96.) 30 Section 5-530. The Illinois Vehicle Code is amended by 31 changing Sections 2-119 and 10-101 as follows: HB0236 Engrossed -688- LRB9100031DJcdA 1 (625 ILCS 5/2-119) (from Ch. 95 1/2, par. 2-119) 2 Sec. 2-119. Disposition of fees and taxes. 3 (a) All moneys received from Salvage Certificates shall 4 be deposited in the Common School Fund in the State Treasury. 5 (b) Beginning January 1, 1990 and concluding December 6 31, 1994, of the money collected for each certificate of 7 title, duplicate certificate of title and corrected 8 certificate of title, $0.50 shall be deposited into the Used 9 Tire Management Fund. Beginning January 1, 1990 and 10 concluding December 31, 1994, of the money collected for each 11 certificate of title, duplicate certificate of title and 12 corrected certificate of title, $1.50 shall be deposited in 13 the Park and Conservation Fund. Beginning January 1, 1995, 14 of the money collected for each certificate of title, 15 duplicate certificate of title and corrected certificate of 16 title, $2 shall be deposited in the Park and Conservation 17 Fund. The moneys deposited in the Park and Conservation Fund 18 pursuant to this Section shall be used for the acquisition 19 and development of bike paths as provided for in Section 20 805-42063a36of the Department of Natural Resources 21 (Conservation) Law (20 ILCS 805/805-420)Civil Administrative22Code of Illinois. Except as otherwise provided in this Code, 23 all remaining moneys collected for certificates of title, and 24 all moneys collected for filing of security interests, shall 25 be placed in the General Revenue Fund in the State Treasury. 26 (c) All moneys collected for that portion of a driver's 27 license fee designated for driver education under Section 28 6-118 shall be placed in the Driver Education Fund in the 29 State Treasury. 30 (d) Beginning January 1, 1999, of the monies collected 31 as a registration fee for each motorcycle, motor driven cycle 32 and motorized pedalcycle, 27% of each annual registration fee 33 for such vehicle and 27% of each semiannual registration fee 34 for such vehicle is deposited in the Cycle Rider Safety HB0236 Engrossed -689- LRB9100031DJcdA 1 Training Fund. 2 (e) Of the monies received by the Secretary of State as 3 registration fees or taxes or as payment of any other fee, as 4 provided in this Act, except fees received by the Secretary 5 under paragraph (7) of subsection (b) of Section 5-101 and 6 Section 5-109 of this Code, 37% shall be deposited into the 7 State Construction Fund. 8 (f) Of the total money collected for a CDL instruction 9 permit or original or renewal issuance of a commercial 10 driver's license (CDL) pursuant to the Uniform Commercial 11 Driver's License Act (UCDLA), $6 of the total fee for an 12 original or renewal CDL, and $6 of the total CDL instruction 13 permit fee when such permit is issued to any person holding a 14 valid Illinois driver's license, shall be paid into the 15 CDLIS/AAMVAnet Trust Fund (Commercial Driver's License 16 Information System/American Association of Motor Vehicle 17 Administrators network Trust Fund) and shall be used for the 18 purposes provided in Section 6z-23 of the State Finance Act. 19 (g) All remaining moneys received by the Secretary of 20 State as registration fees or taxes or as payment of any 21 other fee, as provided in this Act, except fees received by 22 the Secretary under paragraph (7) of subsection (b) of 23 Section 5-101 and Section 5-109 of this Code, shall be 24 deposited in the Road Fund in the State Treasury. Moneys in 25 the Road Fund shall be used for the purposes provided in 26 Section 8.3 of the State Finance Act. 27 (h) (Blank). 28 (i) (Blank). 29 (j) (Blank). 30 (k) There is created in the State Treasury a special 31 fund to be known as the Secretary of State Special License 32 Plate Fund. Money deposited into the Fund shall, subject to 33 appropriation, be used by the Office of the Secretary of 34 State (i) to help defray plate manufacturing and plate HB0236 Engrossed -690- LRB9100031DJcdA 1 processing costs for the issuance and, when applicable, 2 renewal of any new or existing special registration plates 3 authorized under this Code and (ii) for grants made by the 4 Secretary of State to benefit Illinois Veterans Home 5 libraries. 6 On or before October 1, 1995, the Secretary of State 7 shall direct the State Comptroller and State Treasurer to 8 transfer any unexpended balance in the Special Environmental 9 License Plate Fund, the Special Korean War Veteran License 10 Plate Fund, and the Retired Congressional License Plate Fund 11 to the Secretary of State Special License Plate Fund. 12 (l) The Motor Vehicle Review Board Fund is created as a 13 special fund in the State Treasury. Moneys deposited into 14 the Fund under paragraph (7) of subsection (b) of Section 15 5-101 and Section 5-109 shall, subject to appropriation, be 16 used by the Office of the Secretary of State to administer 17 the Motor Vehicle Review Board, including without limitation 18 payment of compensation and all necessary expenses incurred 19 in administering the Motor Vehicle Review Board under the 20 Motor Vehicle Franchise Act. 21 (m) Effective July 1, 1996, there is created in the 22 State Treasury a special fund to be known as the Family 23 Responsibility Fund. Moneys deposited into the Fund shall, 24 subject to appropriation, be used by the Office of the 25 Secretary of State for the purpose of enforcing the Family 26 Financial Responsibility Law. 27 (n) The Illinois Fire Fighters' Memorial Fund is created 28 as a special fund in the State Treasury. Moneys deposited 29 into the Fund shall, subject to appropriation, be used by the 30 Office of the State Fire Marshal for construction of the 31 Illinois Fire Fighters' Memorial to be located at the State 32 Capitol grounds in Springfield, Illinois. Upon the 33 completion of the Memorial, the Office of the State Fire 34 Marshal shall certify to the State Treasurer that HB0236 Engrossed -691- LRB9100031DJcdA 1 construction of the Memorial has been completed. 2 (o) Of the money collected for each certificate of title 3 for all-terrain vehicles and off-highway motorcycles, $17 4 shall be deposited into the Off-Highway Vehicle Trails Fund. 5 (Source: P.A. 89-92, eff. 7-1-96; 89-145, eff. 7-14-95; 6 89-282, eff. 8-10-95; 89-612, eff. 8-9-96; 89-626, eff. 7 8-9-96; 89-639, eff. 1-1-97; 90-14, eff. 7-1-97; 90-287, eff. 8 1-1-98; 90-622, eff. 1-1-99.) 9 (625 ILCS 5/10-101) (from Ch. 95 1/2, par. 10-101) 10 Sec. 10-101. Insurance. (a) Any public entity or 11 corporation may insure against the liability imposed by law 12 and may insure persons who are legally entitled to recover 13 damages from owners and operators of uninsured motor vehicles 14 and hit-and-run motor vehicles because of bodily injury, 15 sickness or disease including death incurred while using a 16 motor vehicle of such public entity or corporation with any 17 insurance carrier duly authorized to transact business in 18 this State and the premium for such insurance shall be a 19 proper charge against the general fund or any applicable 20 special fund of such entity or corporation. 21 (b) Every employee of the State, who operates for 22 purposes of State business a vehicle not owned, leased or 23 controlled by the State shall procure insurance in the limit 24 of the amounts of liability not less than the amounts 25 required in Section 7-203 of this Act. The State may provide 26 such insurance for the benefit of, and without cost to, such 27 employees and may include such coverage in a plan of 28 self-insurance under Section 405-10535.9of"the Department 29 of Central Management Services Law (20 ILCS 405/405-105) 30Civil Administrative Code of Illinois". The State may also 31 obtain uninsured or hit-and-run vehicle coverage, as defined 32 in Section 143a of the "Illinois Insurance Code". Any public 33 liability insurance furnished by the State under this HB0236 Engrossed -692- LRB9100031DJcdA 1 Section shall be under the policy or policies contracted for 2 or under a self-insurance plan implemented by the Department 3 of Central Management Services pursuant to Section 405-105 464.1of"the Department of Central Management Services Law 5 (20 ILCS 405/405-105)Civil Administrative Code of Illinois", 6 the costs for procuring such insurance to be charged, 7 collected and received as provided in that Section 25-105 864.1. 9 (Source: P.A. 82-789.) 10 Section 5-535. The Criminal Code of 1961 is amended by 11 changing Section 32-2 as follows: 12 (720 ILCS 5/32-2) (from Ch. 38, par. 32-2) 13 Sec. 32-2. Perjury. (a) A person commits perjury when, 14 under oath or affirmation, in a proceeding or in any other 15 matter where by law such oath or affirmation is required, he 16 makes a false statement, material to the issue or point in 17 question, which he does not believe to be true. 18 (b) Proof of Falsity. 19 An indictment or information for perjury alleging that 20 the offender, under oath, has made contradictory statements, 21 material to the issue or point in question, in the same or in 22 different proceedings, where such oath or affirmation is 23 required, need not specify which statement is false. At the 24 trial, the prosecution need not establish which statement is 25 false. 26 (c) Admission of Falsity. 27 Where the contradictory statements are made in the same 28 continuous trial, an admission by the offender in that same 29 continuous trial of the falsity of a contradictory statement 30 shall bar prosecution therefor under any provisions of this 31 Code. 32 (d) A person shall be exempt from prosecution under HB0236 Engrossed -693- LRB9100031DJcdA 1 subsection (a) of this Section if he is a peace officer who 2 uses a false or fictitious name in the enforcement of the 3 criminal laws, and such use is approved in writing as 4 provided in Section 10-1 of "The Liquor Control Act of 1934", 5 as amended, Section 5 of "An Act in relation to the use of an 6 assumed name in the conduct or transaction of business in 7 this State", approved July 17, 1941, as amended, or Section 8 2605-20055aof the Department of State Police Law (20 ILCS 9 2605/2605-200)Civil Administrative Code of Illinois, as10amended. However, this exemption shall not apply to testimony 11 in judicial proceedings where the identity of the peace 12 officer is material to the issue, and he is ordered by the 13 court to disclose his identity. 14 (e) Sentence. 15 Perjury is a Class 3 felony. 16 (Source: P.A. 84-1308.) 17 Section 5-540. The Illinois Controlled Substances Act is 18 amended by changing Section 305 as follows: 19 (720 ILCS 570/305) (from Ch. 56 1/2, par. 1305) 20 Sec. 305. (a) Before denying, refusing renewal of, 21 suspending or revoking a registration, the Department of 22 Professional Regulation shall serve upon the applicant or 23 registrant, by registered mail at the address in the 24 application or registration or by any other means authorized 25 under the Civil Practice Law or Rules of the Illinois Supreme 26 Court for the service of summons or subpoenas, a notice of 27 hearing to determine why registration should not be denied, 28 refused renewal, suspended or revoked. The notice shall 29 contain a statement of the basis therefor and shall call upon 30 the applicant or registrant to appear before the Department 31 of Professional Regulation at a reasonable time and place. 32 These proceedings shall be conducted in accordance with HB0236 Engrossed -694- LRB9100031DJcdA 1 Sections 2105-5, 2105-15, 2105-100, 2105-105, 2105-110, 2 2105-115, 2105-120, 2105-125, 2105-175, and 2105-32560, 60a,360b, 60c, 60d, 60e, 60f, 60g, and 60hof the Department of 4 Professional Regulation Law (20 ILCS 2105/2105-5, 5 2105/2105-15, 2105/2105-100, 2105/2105-105, 2105/2105-110, 6 2105/2105-115, 2105/2105-120, 2105/2105-125, 2105/2105-175, 7 and 2105/2105-325)Civil Administrative Code of Illinois, 8 without regard to any criminal prosecution or other 9 proceeding. Except as authorized in subsection (c), 10 proceedings to refuse renewal or suspend or revoke 11 registration shall not abate the existing registration, which 12 shall remain in effect until the Department of Professional 13 Regulation has held the hearing called for in the notice and 14 found, with input from the appropriate licensure or 15 disciplinary board, that the registration shall no longer 16 remain in effect. 17 (b) The Director may appoint an attorney duly licensed 18 to practice law in the State of Illinois to serve as the 19 hearing officer in any action to deny, refuse to renew, 20 suspend, or revoke, or take any other disciplinary action 21 with regard to a registration. The hearing officer shall 22 have full authority to conduct the hearing. The hearing 23 officer shall report his or her findings and recommendations 24 to the appropriate licensure or disciplinary board within 30 25 days after receiving the record. The Disciplinary Board 26 shall have 60 days from receipt of the report to review the 27 report of the hearing officer and present its findings of 28 fact, conclusions of law, and recommendations to the 29 Director. 30 (c) If the Department of Professional Regulation finds 31 that there is an imminent danger to the public health or 32 safety by the continued manufacture, distribution or 33 dispensing of controlled substances by the registrant, the 34 Department of Professional Regulation may, upon the issuance HB0236 Engrossed -695- LRB9100031DJcdA 1 of a written ruling stating the reasons for such finding and 2 without notice or hearing, suspend such registrant. The 3 suspension shall continue in effect for not more than 14 days 4 during which time the registrant shall be given a hearing on 5 the issues involved in the suspension. If after the hearing, 6 and after input from the appropriate licensure or 7 disciplinary board, the Department of Professional Regulation 8 finds that the public health or safety requires the 9 suspension to remain in effect it shall so remain until the 10 ruling is terminated by its own terms or subsequent ruling or 11 is dissolved by a circuit court upon determination that the 12 suspension was wholly without basis in fact and law. 13 (d) If, after a hearing as provided in subsection (a), 14 the Department of Professional Regulation finds that a 15 registration should be refused renewal, suspended or revoked, 16 a written ruling to that effect shall be entered. The 17 Department of Professional Regulation's ruling shall remain 18 in effect until the ruling is terminated by its own terms or 19 subsequent ruling or is dissolved by a circuit court upon a 20 determination that the refusal to renew suspension or 21 revocation was wholly without basis in fact and law. 22 (Source: P.A. 88-142.) 23 Section 5-545. The Unified Code of Corrections is amended 24 by changing Sections 3-2-2, 3-5-3, and 3-11-1 as follows: 25 (730 ILCS 5/3-2-2) (from Ch. 38, par. 1003-2-2) 26 Sec. 3-2-2. Powers and Duties of the Department. 27 (1) In addition to the powers, duties and 28 responsibilities which are otherwise provided by law, the 29 Department shall have the following powers: 30 (a) To accept persons committed to it by the courts 31 of this State for care, custody, treatment and 32 rehabilitation. HB0236 Engrossed -696- LRB9100031DJcdA 1 (b) To develop and maintain reception and 2 evaluation units for purposes of analyzing the custody 3 and rehabilitation needs of persons committed to it and 4 to assign such persons to institutions and programs under 5 its control or transfer them to other appropriate 6 agencies. In consultation with the Department of 7 Alcoholism and Substance Abuse (now the Department of 8 Human Services), the Department of Corrections shall 9 develop a master plan for the screening and evaluation of 10 persons committed to its custody who have alcohol or drug 11 abuse problems, and for making appropriate treatment 12 available to such persons; the Department shall report to 13 the General Assembly on such plan not later than April 1, 14 1987. The maintenance and implementation of such plan 15 shall be contingent upon the availability of funds. 16 (b-5) To develop, in consultation with the 17 Department of State Police, a program for tracking and 18 evaluating each inmate from commitment through release 19 for recording his or her gang affiliations, activities, 20 or ranks. 21 (c) To maintain and administer all State 22 correctional institutions and facilities under its 23 control and to establish new ones as needed. Pursuant to 24 its power to establish new institutions and facilities, 25 the Department may, with the written approval of the 26 Governor, authorize the Department of Central Management 27 Services to enter into an agreement of the type described 28 in subsection (d) of Section 405-30067.02of the 29 Department of Central Management Services Law (20 ILCS 30 405/405-300)Civil Administrative Code of Illinois. The 31 Department shall designate those institutions which shall 32 constitute the State Penitentiary System. 33 Pursuant to its power to establish new institutions 34 and facilities, the Department may authorize the HB0236 Engrossed -697- LRB9100031DJcdA 1 Department of Central Management Services to accept bids 2 from counties and municipalities for the construction, 3 remodeling or conversion of a structure to be leased to 4 the Department of Corrections for the purposes of its 5 serving as a correctional institution or facility. Such 6 construction, remodeling or conversion may be financed 7 with revenue bonds issued pursuant to the Industrial 8 Building Revenue Bond Act by the municipality or county. 9 The lease specified in a bid shall be for a term of not 10 less than the time needed to retire any revenue bonds 11 used to finance the project, but not to exceed 40 years. 12 The lease may grant to the State the option to purchase 13 the structure outright. 14 Upon receipt of the bids, the Department may certify 15 one or more of the bids and shall submit any such bids to 16 the General Assembly for approval. Upon approval of a 17 bid by a constitutional majority of both houses of the 18 General Assembly, pursuant to joint resolution, the 19 Department of Central Management Services may enter into 20 an agreement with the county or municipality pursuant to 21 such bid. 22 (c-5) To build and maintain regional juvenile 23 detention centers and to charge a per diem to the 24 counties as established by the Department to defray the 25 costs of housing each minor in a center. In this 26 subsection (c-5), "juvenile detention center" means a 27 facility to house minors during pendency of trial who 28 have been transferred from proceedings under the Juvenile 29 Court Act of 1987 to prosecutions under the criminal laws 30 of this State in accordance with Section 5-805 of the 31 Juvenile Court Act of 1987, whether the transfer was by 32 operation of law or permissive under that Section. The 33 Department shall designate the counties to be served by 34 each regional juvenile detention center. HB0236 Engrossed -698- LRB9100031DJcdA 1 (d) To develop and maintain programs of control, 2 rehabilitation and employment of committed persons within 3 its institutions. 4 (e) To establish a system of supervision and 5 guidance of committed persons in the community. 6 (f) To establish in cooperation with the Department 7 of Transportation to supply a sufficient number of 8 prisoners for use by the Department of Transportation to 9 clean up the trash and garbage along State, county, 10 township, or municipal highways as designated by the 11 Department of Transportation. The Department of 12 Corrections, at the request of the Department of 13 Transportation, shall furnish such prisoners at least 14 annually for a period to be agreed upon between the 15 Director of Corrections and the Director of 16 Transportation. The prisoners used on this program shall 17 be selected by the Director of Corrections on whatever 18 basis he deems proper in consideration of their term, 19 behavior and earned eligibility to participate in such 20 program - where they will be outside of the prison 21 facility but still in the custody of the Department of 22 Corrections. Prisoners convicted of first degree murder, 23 or a Class X felony, or armed violence, or aggravated 24 kidnapping, or criminal sexual assault, aggravated 25 criminal sexual abuse or a subsequent conviction for 26 criminal sexual abuse, or forcible detention, or arson, 27 or a prisoner adjudged a Habitual Criminal shall not be 28 eligible for selection to participate in such program. 29 The prisoners shall remain as prisoners in the custody of 30 the Department of Corrections and such Department shall 31 furnish whatever security is necessary. The Department of 32 Transportation shall furnish trucks and equipment for the 33 highway cleanup program and personnel to supervise and 34 direct the program. Neither the Department of Corrections HB0236 Engrossed -699- LRB9100031DJcdA 1 nor the Department of Transportation shall replace any 2 regular employee with a prisoner. 3 (g) To maintain records of persons committed to it 4 and to establish programs of research, statistics and 5 planning. 6 (h) To investigate the grievances of any person 7 committed to the Department, to inquire into any alleged 8 misconduct by employees or committed persons, and to 9 investigate the assets of committed persons to implement 10 Section 3-7-6 of this Code; and for these purposes it may 11 issue subpoenas and compel the attendance of witnesses 12 and the production of writings and papers, and may 13 examine under oath any witnesses who may appear before 14 it; to also investigate alleged violations of a parolee's 15 or releasee's conditions of parole or release; and for 16 this purpose it may issue subpoenas and compel the 17 attendance of witnesses and the production of documents 18 only if there is reason to believe that such procedures 19 would provide evidence that such violations have 20 occurred. 21 If any person fails to obey a subpoena issued under 22 this subsection, the Director may apply to any circuit 23 court to secure compliance with the subpoena. The 24 failure to comply with the order of the court issued in 25 response thereto shall be punishable as contempt of 26 court. 27 (i) To appoint and remove the chief administrative 28 officers, and administer programs of training and 29 development of personnel of the Department. Personnel 30 assigned by the Department to be responsible for the 31 custody and control of committed persons or to 32 investigate the alleged misconduct of committed persons 33 or employees or alleged violations of a parolee's or 34 releasee's conditions of parole shall be conservators of HB0236 Engrossed -700- LRB9100031DJcdA 1 the peace for those purposes, and shall have the full 2 power of peace officers outside of the facilities of the 3 Department in the protection, arrest, retaking and 4 reconfining of committed persons or where the exercise of 5 such power is necessary to the investigation of such 6 misconduct or violations. 7 (j) To cooperate with other departments and 8 agencies and with local communities for the development 9 of standards and programs for better correctional 10 services in this State. 11 (k) To administer all moneys and properties of the 12 Department. 13 (l) To report annually to the Governor on the 14 committed persons, institutions and programs of the 15 Department. 16 (l-5) In a confidential annual report to the 17 Governor, the Department shall identify all inmate gangs 18 by specifying each current gang's name, population and 19 allied gangs. The Department shall further specify the 20 number of top leaders identified by the Department for 21 each gang during the past year, and the measures taken by 22 the Department to segregate each leader from his or her 23 gang and allied gangs. The Department shall further 24 report the current status of leaders identified and 25 segregated in previous years. All leaders described in 26 the report shall be identified by inmate number or other 27 designation to enable tracking, auditing, and 28 verification without revealing the names of the leaders. 29 Because this report contains law enforcement intelligence 30 information collected by the Department, the report is 31 confidential and not subject to public disclosure. 32 (m) To make all rules and regulations and exercise 33 all powers and duties vested by law in the Department. 34 (n) To establish rules and regulations for HB0236 Engrossed -701- LRB9100031DJcdA 1 administering a system of good conduct credits, 2 established in accordance with Section 3-6-3, subject to 3 review by the Prisoner Review Board. 4 (o) To administer the distribution of funds from 5 the State Treasury to reimburse counties where State 6 penal institutions are located for the payment of 7 assistant state's attorneys' salaries under Section 8 4-2001 of the Counties Code. 9 (p) To exchange information with the Department of 10 Human Services and the Illinois Department of Public Aid 11 for the purpose of verifying living arrangements and for 12 other purposes directly connected with the administration 13 of this Code and the Illinois Public Aid Code. 14 (q) To establish a diversion program. 15 The program shall provide a structured environment 16 for selected technical parole or mandatory supervised 17 release violators and committed persons who have violated 18 the rules governing their conduct while in work release. 19 This program shall not apply to those persons who have 20 committed a new offense while serving on parole or 21 mandatory supervised release or while committed to work 22 release. 23 Elements of the program shall include, but shall not 24 be limited to, the following: 25 (1) The staff of a diversion facility shall 26 provide supervision in accordance with required 27 objectives set by the facility. 28 (2) Participants shall be required to maintain 29 employment. 30 (3) Each participant shall pay for room and 31 board at the facility on a sliding-scale basis 32 according to the participant's income. 33 (4) Each participant shall: 34 (A) provide restitution to victims in HB0236 Engrossed -702- LRB9100031DJcdA 1 accordance with any court order; 2 (B) provide financial support to his 3 dependents; and 4 (C) make appropriate payments toward any 5 other court-ordered obligations. 6 (5) Each participant shall complete community 7 service in addition to employment. 8 (6) Participants shall take part in such 9 counseling, educational and other programs as the 10 Department may deem appropriate. 11 (7) Participants shall submit to drug and 12 alcohol screening. 13 (8) The Department shall promulgate rules 14 governing the administration of the program. 15 (r) To enter into intergovernmental cooperation 16 agreements under which persons in the custody of the 17 Department may participate in a county impact 18 incarceration program established under Section 3-6038 or 19 3-15003.5 of the Counties Code. 20 (r-5) To enter into intergovernmental cooperation 21 agreements under which minors adjudicated delinquent and 22 committed to the Department of Corrections, Juvenile 23 Division, may participate in a county juvenile impact 24 incarceration program established under Section 3-6039 of 25 the Counties Code. 26 (r-10) To systematically and routinely identify 27 with respect to each streetgang active within the 28 correctional system: (1) each active gang; (2) every 29 existing inter-gang affiliation or alliance; and (3) the 30 current leaders in each gang. The Department shall 31 promptly segregate leaders from inmates who belong to 32 their gangs and allied gangs. "Segregate" means no 33 physical contact and, to the extent possible under the 34 conditions and space available at the correctional HB0236 Engrossed -703- LRB9100031DJcdA 1 facility, prohibition of visual and sound communication. 2 For the purposes of this paragraph (r-10), "leaders" 3 means persons who: 4 (i) are members of a criminal streetgang; 5 (ii) with respect to other individuals within 6 the streetgang, occupy a position of organizer, 7 supervisor, or other position of management or 8 leadership; and 9 (iii) are actively and personally engaged in 10 directing, ordering, authorizing, or requesting 11 commission of criminal acts by others, which are 12 punishable as a felony, in furtherance of streetgang 13 related activity both within and outside of the 14 Department of Corrections. 15 "Streetgang", "gang", and "streetgang related" have the 16 meanings ascribed to them in Section 10 of the Illinois 17 Streetgang Terrorism Omnibus Prevention Act. 18 (s) To operate a super-maximum security 19 institution, in order to manage and supervise inmates who 20 are disruptive or dangerous and provide for the safety 21 and security of the staff and the other inmates. 22 (t) To monitor any unprivileged conversation or any 23 unprivileged communication, whether in person or by 24 mail, telephone, or other means, between an inmate who, 25 before commitment to the Department, was a member of an 26 organized gang and any other person without the need to 27 show cause or satisfy any other requirement of law before 28 beginning the monitoring, except as constitutionally 29 required. The monitoring may be by video, voice, or other 30 method of recording or by any other means. As used in 31 this subdivision (1)(t), "organized gang" has the meaning 32 ascribed to it in Section 10 of the Illinois Streetgang 33 Terrorism Omnibus Prevention Act. 34 As used in this subdivision (1)(t), "unprivileged HB0236 Engrossed -704- LRB9100031DJcdA 1 conversation" or "unprivileged communication" means a 2 conversation or communication that is not protected by 3 any privilege recognized by law or by decision, rule, or 4 order of the Illinois Supreme Court. 5 (u) To establish a Women's and Children's 6 Pre-release Community Supervision Program for the purpose 7 of providing housing and services to eligible female 8 inmates, as determined by the Department, and their 9 newborn and young children. 10 (v) To do all other acts necessary to carry out the 11 provisions of this Chapter. 12 (2) The Department of Corrections shall by January 1, 13 1998, consider building and operating a correctional facility 14 within 100 miles of a county of over 2,000,000 inhabitants, 15 especially a facility designed to house juvenile participants 16 in the impact incarceration program. 17 (Source: P.A. 89-110, eff. 1-1-96; 89-302, eff. 8-11-95; 18 89-312, eff. 8-11-95; 89-390, eff. 8-20-95; 89-507, eff. 19 7-1-97; 89-626, eff. 8-9-96; 89-688, eff. 6-1-97; 89-689, 20 eff. 12-31-96; 90-14, eff. 7-1-97; 90-590, eff. 1-1-99; 21 90-658, eff. 1-1-99; revised 9-16-98.) 22 (730 ILCS 5/3-5-3) (from Ch. 38, par. 1003-5-3) 23 Sec. 3-5-3. Annual and other Reports. (a) The Director 24 shall make an annual report to the Governor under Section 25 5-65025of the Departments of State Government Law (20 ILCS 26 5/5-650)Civil Administrative Code of Illinois, concerning 27 the state and condition of all persons committed to the 28 Department, its institutions, facilities and programs, of all 29 moneys expended and received, and on what accounts expended 30 and received. The report may also include an abstract of all 31 reports made to the Department by individual institutions, 32 facilities or programs during the preceding year. 33 (b) The Director shall make an annual report to the HB0236 Engrossed -705- LRB9100031DJcdA 1 Governor and to the State Legislature on any inadequacies in 2 the institutions, facilities or programs of the Department 3 and also such amendments to the laws of the State which in 4 his judgment are necessary in order to best advance the 5 purposes of this Code. 6 (c) The Director may require such reports from division 7 administrators, chief administrative officers and other 8 personnel as he deems necessary for the administration of the 9 Department. 10 (d) The Department of Corrections shall, by January 1, 11 1990, January 1, 1991, and every 2 years thereafter, transmit 12 to the Governor and the General Assembly a 5 year long range 13 planning document for adult female offenders under the 14 Department's supervision. The document shall detail how the 15 Department plans to meet the housing, educational/training, 16 Correctional Industries and programming needs of the 17 escalating adult female offender population. 18 (Source: P.A. 86-1001.) 19 (730 ILCS 5/3-11-1) (from Ch. 38, par. 1003-11-1) 20 Sec. 3-11-1. Furloughs. (a) The Department may extend 21 the limits of the place of confinement of a committed person 22 under prescribed conditions, so that he may leave such place 23 on a furlough. Whether or not such person is to be 24 accompanied on furlough shall be determined by the chief 25 administrative officer. The Department may make an 26 appropriate charge for the necessary expenses of accompanying 27 a person on furlough. Such furloughs may be granted for a 28 period of time not to exceed 14 days, for any of the 29 following purposes: 30 (1) to visit a spouse, child (including a stepchild or 31 adopted child), parent (including a stepparent or foster 32 parent), grandparent (including stepgrandparent) or brother 33 or sister who is seriously ill or to attend the funeral of HB0236 Engrossed -706- LRB9100031DJcdA 1 any such person; or 2 (2) to obtain medical, psychiatric or psychological 3 services when adequate services are not otherwise available; 4 or 5 (3) to make contacts for employment; or 6 (4) to secure a residence upon release on parole or 7 discharge; or 8 (5) to visit such person's family; or 9 (6) to appear before various educational panels, study 10 groups, educational units, and other groups whose purpose is 11 obtaining an understanding of the results, causes and 12 prevention of crime and criminality, including appearances on 13 television and radio programs. 14 (b) Furloughs may be granted for any period of time 15 underparagraph 13 ofSection 2605-52555aof the Department 16 of State Police Law (20 ILCS 2605/2605-525)Civil17Administrative Code of Illinois. 18 (c) In any case where the person furloughed is not to be 19 accompanied on furlough, the Department of Corrections shall 20 give prior notice of the intended furlough to the State's 21 Attorney of the county from which the offender was sentenced 22 originally, the State's Attorney of the county where the 23 furlough is to occur, and to the Sheriff of the county where 24 the furlough is to occur. Said prior notice is to be in 25 writing except in situations where the reason for the 26 furlough is of such an emergency nature that previous written 27 notice would not be possible. In such cases, oral notice of 28 the furlough shall occur. 29 (Source: P.A. 86-820.) 30 Section 5-550. The Illinois Human Rights Act is amended 31 by changing Section 7-105 as follows: 32 (775 ILCS 5/7-105) (from Ch. 68, par. 7-105) HB0236 Engrossed -707- LRB9100031DJcdA 1 Sec. 7-105. Equal Employment Opportunities; Affirmative 2 Action. In order to establish and effectuate the policies of 3 equal employment opportunity and affirmative action, the 4 Department shall, with respect to state executive 5 departments, boards, commissions and instrumentalities and 6 any party to a public contract: 7 (A) Policies; Rules; Regulations. Establish equal 8 employment opportunity and affirmative action policies, rules 9 and regulations which specify plans, programs and reporting 10 procedures. Such rules may provide for exemptions or 11 modifications as may be necessary to assure the continuity of 12 federal requirements in State agencies supported in whole or 13 in part by federal funds. 14 (B) Minimum Compliance Criteria. Establish minimum 15 compliance criteria and procedures for evaluating equal 16 employment opportunity and affirmative action programs and 17 plans. 18 (C) Technical Assistance. Provide technical assistance, 19 training, and advice for the establishment and implementation 20 of required programs. 21 (D) Meetings. Hold meetings at least annually with the 22 head of each State agency and when necessary with any party 23 to a public contract to: 24 (1) Review equal employment opportunity plans and 25 progress, performance and problems in meeting equal 26 opportunity goals. 27 (2) Recommend appropriate changes to the plans and 28 procedures and the methods employed to implement the 29 plans. 30 (E) Report. Include within its annual report, filed 31 pursuant to Section 5-65025of the Departments of State 32 Government Law (20 ILCS 5/5-650)Civil Administrative Code, 33 the progress, performance, and problems of meeting equal 34 opportunity goals, and the identity of any State agency which HB0236 Engrossed -708- LRB9100031DJcdA 1 fails to comply with the requirements of this Act and the 2 circumstances surrounding such violation. 3 (F) Personnel Operations. Periodically review personnel 4 operations of State agencies to assure their conformity with 5 this Act and the agency's plan. 6 (G) Equal Employment Opportunity Officers. Approve the 7 appointment of equal employment opportunity officers hired 8 pursuant to subparagraph (4) of paragraph (B) of Section 9 2-105. 10 (H) Enforcement. Require State agencies which fail to 11 meet their affirmative action and equal employment 12 opportunity goals by equal employment opportunity category to 13 establish necessary training programs for preparation and 14 promotion of the category of individuals affected by the 15 failure. An agency required to establish training programs 16 under this subsection shall do so in cooperation with the 17 Department of Central Management Services as provided in 18 Section 405-12567.31of the Department of Central Management 19 Services Law (20 ILCS 405/405-125)Civil Administrative Code20of Illinois. 21 The Department by rule or regulation shall provide for 22 the implementation of this subsection. Such rules or 23 regulations shall prescribe but not be limited to the 24 following: 25 (1) the circumstances and conditions which 26 constitute an agency's failure to meet its affirmative 27 action and equal employment opportunity goals; 28 (2) the time period for measuring success or 29 failure in reaching affirmative action and equal 30 employment opportunity goals; and 31 (3) that training programs shall be limited to 32 State employees. 33 This subsection shall not be construed to conflict with 34 any contract between the State and any party which is HB0236 Engrossed -709- LRB9100031DJcdA 1 approved and ratified by or on September 11, 1990. 2 (Source: P.A. 86-1411; 86-1475.) 3 Section 5-555. The Assumed Business Name Act is amended 4 by changing Section 5 as follows: 5 (805 ILCS 405/5) (from Ch. 96, par. 8) 6 Sec. 5. Any person or persons carrying on, conducting or 7 transacting business as aforesaid, who shall fail to comply 8 with the provisions of this Act, shall be guilty of a Class C 9 misdemeanor, and each day any person or persons conducts 10 business in violation of this Act shall be deemed a separate 11 offense. 12 A person shall be exempt from prosecution for a violation 13 of this Act if he is a peace officer who uses a false or 14 fictitious business name in the enforcement of the criminal 15 laws; provided such use is approved in writing by one of the 16 following: 17 (a) In all counties, the respective State's Attorney; 18 (b) The Director of State Police under Section 2605-200 1955aof the Department of State Police Law (20 ILCS 20 2605/2605-200)Civil Administrative Code of Illinois; or 21 (c) In cities over 1,000,000, the Superintendent of 22 Police. 23 (Source: P.A. 84-25.) 24 Section 5-560. The Uniform Commercial Code is amended by 25 changing Section 1-104a as follows: 26 (810 ILCS 5/1-104a) (from Ch. 26, par. 1-104a) 27 Sec. 1-104a. Legislative Intent. If any provision of this 28 Act conflicts with Section 205-41040.23of the Department of 29 Agriculture Law (20 ILCS 205/205-410)Civil Administrative30Code of Illinois, the provisions of that Section 205-410 HB0236 Engrossed -710- LRB9100031DJcdA 140.23 of the Civil Administrative Code of Illinoiscontrol. 2 If any provision of this Act conflicts with the Grain Code, 3 the provisions of the Grain Code control. 4 (Source: P.A. 89-287, eff. 1-1-96.) 5 Section 5-565. The Employee Arbitration Act is amended by 6 changing Section 4 as follows: 7 (820 ILCS 35/4) (from Ch. 10, par. 22) 8 Sec. 4. Upon receipt of the application, and after such 9 notice, the Department shall proceed as before provided. The 10 decision, in the discretion of the Director of Labor, may be 11 published in the annual report to be made to the Governor on 12 or before the first day of December of each year, as required 13 by Section 5-65025of"the Departments of State Government 14 Law (20 ILCS 5/5-650)Civil Administrative Code of Illinois",15approved March 17, 1917, as amended. 16 (Source: Laws 1951, p. 447.) 17 Section 5-575. The Unemployment Insurance Act is amended 18 by changing Sections 243 and 1511 as follows: 19 (820 ILCS 405/243) (from Ch. 48, par. 353) 20 Sec. 243. "Board of Review" means the Board of Review 21 created by Section 5-1255of"the Departments of State 22 Government Law (20 ILCS 5/5-125)Civil Administrative Code of23Illinois," approved March 7, 1917, as amended. 24 (Source: Laws 1951, p. 32.) 25 (820 ILCS 405/1511) (from Ch. 48, par. 581) 26 Sec. 1511. Study of experience rating. The Employment 27 Security Advisory Board, created by Section 5-5406.28of the 28 Departments of State Government Law (20 ILCS 5/5-540)Civil29Administrative Code of Illinois, is hereby authorized and HB0236 Engrossed -711- LRB9100031DJcdA 1 directed to study and examine the present provisions of this 2 Act providing for experience rating, in order to determine 3 whether the rates of contribution will operate to replenish 4 the amount of benefits paid and to determine the effect of 5 experience rating upon labor and industry in this State. 6 The Board shall submit its findings and recommendations 7 based thereon to the General Assembly. The Board may employ 8 such experts and assistants as may be necessary to carry out 9 the provisions of this Section. All expenses incurred in the 10 making of this study, including the preparation and 11 submission of its findings and recommendations, shall be paid 12 in the same manner as is provided for the payment of costs of 13 administration of this Act. 14 (Source: P.A. 90-372, eff. 7-1-98.) 15 ARTICLE 10. REPEALS 16 (20 ILCS 605/46.20 rep.) 17 Section 10-5. The Civil Administrative Code of Illinois 18 is amended by repealing Section 46.20. 19 ARTICLE 95. NO ACCELERATION OR DELAY 20 Section 95-5. No acceleration or delay. Where this Act 21 makes changes in a statute that is represented in this Act by 22 text that is not yet or no longer in effect (for example, a 23 Section represented by multiple versions), the use of that 24 text does not accelerate or delay the taking effect of (i) 25 the changes made by this Act or (ii) provisions derived from 26 any other Public Act. 27 ARTICLE 98. DISPOSITION AND DERIVATION TABLES 28 Section 98-1. Explanation. This Article is included HB0236 Engrossed -712- LRB9100031DJcdA 1 only for informational purposes to show the following: 2 (1) How Sections of the Civil Administrative Code of 3 Illinois as amended through Public Act 90-795 and revised 4 by the Legislative Reference Bureau through October 28, 5 1998 are disposed of into that Code as renumbered and 6 rearranged by this Act. 7 (2) How Sections of the Civil Administrative Code of 8 Illinois as renumbered and rearranged by this Act are 9 derived from that Code as amended through Public Act 10 90-795 and revised by the Legislative Reference Bureau 11 through October 28, 1998. 12 This Article is repealed on the effective date of this 13 Act. 14 Section 98-5. Disposition table. 15 OLD AS CODIFIED BY THIS ACT 16 5 ILCS 620/42...................... 5 ILCS 620/250-5 17 15 ILCS 20/38...................... 15 ILCS 20/50-5 18 15 ILCS 20/38.1.................... 15 ILCS 20/50-10 19 15 ILCS 20/38.2.................... 15 ILCS 20/50-15 20 15 ILCS 20/38.3.................... 15 ILCS 20/50-20 21 20 ILCS 5/1........................ 20 ILCS 5/1-1 22 20 ILCS 5/2........................ 20 ILCS 5/5-5 23 20 ILCS 5/2.1...................... 20 ILCS 5/5-10 24 20 ILCS 5/3........................ 20 ILCS 5/5-15 25 20 ILCS 5/4........................ 20 ILCS 5/5-20 26 20 ILCS 5/5........................ 20 ILCS 5/5-100 27 20 ILCS 5/5.01a.................... 20 ILCS 5/5-190 28 20 ILCS 5/5.02..................... 20 ILCS 5/5-110 29 20 ILCS 5/5.03..................... 20 ILCS 5/5-145 30 20 ILCS 5/5.04..................... 20 ILCS 5/5-155 31 20 ILCS 5/5.05..................... 20 ILCS 5/5-185 HB0236 Engrossed -713- LRB9100031DJcdA 1 20 ILCS 5/5.07..................... 20 ILCS 5/5-170 2 20 ILCS 5/5.09..................... 20 ILCS 5/5-150 3 20 ILCS 5/5.10..................... 20 ILCS 5/5-140 4 20 ILCS 5/5.11..................... 20 ILCS 5/5-180 5 20 ILCS 5/5.12..................... 20 ILCS 5/5-175 6 20 ILCS 5/5.13b.................... 20 ILCS 5/5-130 7 20 ILCS 5/5.13c.................... 20 ILCS 5/5-165 8 20 ILCS 5/5.13e.................... 20 ILCS 5/5-115 9 20 ILCS 5/5.13g.................... 20 ILCS 5/5-120 10 20 ILCS 5/5.13h.................... 20 ILCS 5/5-160 11 20 ILCS 5/5.13i.................... 20 ILCS 5/5-125 12 20 ILCS 5/5.13j.................... 20 ILCS 5/5-135 13 20 ILCS 5/5.14..................... 20 ILCS 5/5-105 14 20 ILCS 5/6........................ 20 ILCS 5/5-500 15 20 ILCS 5/6.01..................... 20 ILCS 5/5-525 16 20 ILCS 5/6.01a.................... 20 ILCS 5/5-530 17 20 ILCS 5/6.02..................... 20 ILCS 5/5-555 18 20 ILCS 5/6.02a.................... 20 ILCS 5/5-570 19 20 ILCS 5/6.04..................... 20 ILCS 5/5-545 20 20 ILCS 5/6.06..................... 20 ILCS 5/5-565 21 20 ILCS 5/6.08..................... 20 ILCS 5/5-560 22 20 ILCS 5/6.15..................... 20 ILCS 5/5-535 23 20 ILCS 5/6.23..................... 20 ILCS 5/5-550 24 20 ILCS 5/6.27..................... 20 ILCS 5/5-520 25 20 ILCS 5/6.28..................... 20 ILCS 5/5-540 26 20 ILCS 5/7.01..................... 20 ILCS 5/5-540 27 20 ILCS 5/7.03..................... 20 ILCS 5/5-235 28 20 ILCS 5/7.04..................... 20 ILCS 5/5-225 29 20 ILCS 5/7.04a.................... 20 ILCS 5/5-570 30 20 ILCS 5/7.06..................... 20 ILCS 5/5-215 31 20 ILCS 5/7.07b.................... 20 ILCS 5/5-220 32 20 ILCS 5/7.08..................... 20 ILCS 5/5-210 33 20 ILCS 5/7.09..................... 20 ILCS 5/5-230 34 20 ILCS 5/7.11..................... 20 ILCS 5/5-200 HB0236 Engrossed -714- LRB9100031DJcdA 1 20 ILCS 5/8........................ 20 ILCS 5/5-505 2 20 ILCS 5/8.1...................... 20 ILCS 5/5-510 3 20 ILCS 5/9........................ 20 ILCS 5/5-300 4 20 ILCS 5/9.01..................... 20 ILCS 5/5-305 5 20 ILCS 5/9.02..................... 20 ILCS 5/5-315 6 20 ILCS 5/9.03..................... 20 ILCS 5/5-365 7 20 ILCS 5/9.04..................... 20 ILCS 5/5-380 8 20 ILCS 5/9.05..................... 20 ILCS 5/5-415 9 20 ILCS 5/9.05a.................... 20 ILCS 5/5-355 10 20 ILCS 5/9.07..................... 20 ILCS 5/5-400 11 20 ILCS 5/9.08..................... 20 ILCS 5/5-390 12 20 ILCS 5/9.09..................... 20 ILCS 5/5-375 13 20 ILCS 5/9.10..................... 20 ILCS 5/5-360 14 20 ILCS 5/9.11..................... 20 ILCS 5/5-410 15 20 ILCS 5/9.11a.................... 20 ILCS 5/5-335 16 20 ILCS 5/9.12..................... 20 ILCS 5/5-405 17 20 ILCS 5/9.15..................... 20 ILCS 5/5-345 18 20 ILCS 5/9.16..................... 20 ILCS 5/5-325 19 20 ILCS 5/9.17..................... 20 ILCS 5/5-395 20 20 ILCS 5/9.18..................... 20 ILCS 5/5-330 21 20 ILCS 5/9.19..................... 20 ILCS 5/5-320 22 20 ILCS 5/9.21..................... 20 ILCS 5/5-310 23 20 ILCS 5/9.22..................... 20 ILCS 5/5-420 24 20 ILCS 5/9.24..................... 20 ILCS 5/5-350 25 20 ILCS 5/9.25..................... 20 ILCS 5/5-385 26 20 ILCS 5/9.29..................... 20 ILCS 310/310-5 27 20 ILCS 5/9.30..................... 20 ILCS 5/5-340 28 20 ILCS 5/9.31..................... 20 ILCS 5/5-370 29 20 ILCS 5/10....................... 20 ILCS 5/5-515 30 20 ILCS 5/11....................... 20 ILCS 5/5-600 31 20 ILCS 5/12....................... 20 ILCS 5/5-605 32 20 ILCS 5/13....................... 20 ILCS 5/5-610 33 20 ILCS 5/14....................... 20 ILCS 5/5-615 34 20 ILCS 5/15....................... 20 ILCS 5/5-620 HB0236 Engrossed -715- LRB9100031DJcdA 1 20 ILCS 5/16....................... 20 ILCS 5/5-625 2 20 ILCS 5/17....................... 20 ILCS 5/5-630 3 20 ILCS 5/18....................... 20 ILCS 5/5-635 4 20 ILCS 5/19....................... 20 ILCS 5/5-640 5 20 ILCS 5/20....................... 20 ILCS 5/5-645 6 20 ILCS 5/25....................... 20 ILCS 5/5-650 7 20 ILCS 5/26....................... 20 ILCS 5/5-655 8 20 ILCS 5/29....................... rep. 7-1-98, P.A. 90-572 9 20 ILCS 5/30....................... rep. 7-1-98, P.A. 90-572 10 20 ILCS 5/31....................... 20 ILCS 5/5-660 11 20 ILCS 5/32....................... 20 ILCS 5/5-700 12 20 ILCS 5/33....................... 20 ILCS 5/5-705 13 20 ILCS 5/34....................... 20 ILCS 5/5-95 14 20 ILCS 5/34.1..................... 20 ILCS 405/405-400 15 20 ILCS 5/34.2..................... 20 ILCS 1005/1005-150 16 20 ILCS 5/51....................... 20 ILCS 5/5-675 17 20 ILCS 110/69..................... 20 ILCS 110/110-5 18 20 ILCS 205/40..................... 20 ILCS 205/205-10 19 20 ILCS 205/40.4................... 20 ILCS 205/205-300 20 20 ILCS 205/40.6................... 20 ILCS 205/205-345 21 20 ILCS 205/40.7................... 20 ILCS 205/205-15 22 20 ILCS 205/40.7a.................. 20 ILCS 205/205-20 23 20 ILCS 205/40.7b.................. 20 ILCS 205/205-27 24 20 ILCS 205/40.8................... 20 ILCS 205/205-15 25 20 ILCS 205/40.9................... 20 ILCS 205/205-30 26 20 ILCS 205/40.10.................. 20 ILCS 205/205-35 27 20 ILCS 205/40.11.................. 20 ILCS 205/205-100 28 20 ILCS 205/40.12.................. 20 ILCS 205/205-305 29 20 ILCS 205/40.13.................. 20 ILCS 205/205-205 30 20 ILCS 205/40.14.................. 20 ILCS 205/205-25 31 20 ILCS 205/40.15.................. 20 ILCS 205/205-420 32 20 ILCS 205/40.16.................. 20 ILCS 205/205-200 33 20 ILCS 205/40.17.................. 20 ILCS 205/205-315 HB0236 Engrossed -716- LRB9100031DJcdA 1 20 ILCS 205/40.18.................. 20 ILCS 205/205-320 2 20 ILCS 205/40.19.................. 20 ILCS 205/205-325 3 20 ILCS 205/40.20.................. 20 ILCS 205/205-400 4 20 ILCS 205/40.21.................. 20 ILCS 205/205-335 5 20 ILCS 205/40.22.................. 20 ILCS 205/205-405 6 20 ILCS 205/40.23.................. 20 ILCS 205/205-410 7 20 ILCS 205/40.24.................. 20 ILCS 205/205-105 8 20 ILCS 205/40.25.................. 20 ILCS 205/205-350 9 20 ILCS 205/40.26.................. 20 ILCS 205/205-355 10 20 ILCS 205/40.27.................. 20 ILCS 205/205-55 11 20 ILCS 205/40.28.................. 20 ILCS 205/205-110 12 20 ILCS 205/40.31.................. 20 ILCS 205/205-40 13 20 ILCS 205/40.32.................. 20 ILCS 205/205-330 14 20 ILCS 205/40.33.................. 20 ILCS 205/205-310 15 20 ILCS 205/40.34.................. 20 ILCS 205/205-430 16 20 ILCS 205/40.35.................. 20 ILCS 205/205-60 17 20 ILCS 205/40.36.................. 20 ILCS 205/205-45 18 20 ILCS 205/40.37.................. 20 ILCS 205/205-425 19 20 ILCS 205/40.38.................. 20 ILCS 205/205-115 20 20 ILCS 205/40.39.................. 20 ILCS 205/205-340 21 20 ILCS 205/40.40.................. 20 ILCS 205/205-50 22 20 ILCS 205/40.42.................. 20 ILCS 205/205-415 23 20 ILCS 405/35.2................... 20 ILCS 405/405-5 24 20 ILCS 405/35.3................... 20 ILCS 405/405-10 25 20 ILCS 405/35.4................... 20 ILCS 405/405-15 26 20 ILCS 405/35.7................... 20 ILCS 405/405-20 27 20 ILCS 405/35.7a.................. 20 ILCS 405/405-250 28 20 ILCS 405/35.7b.................. rep. 7-1-98, P.A. 90-572 29 20 ILCS 405/35.7c.................. 20 ILCS 405/405-260 30 20 ILCS 405/35.8................... 20 ILCS 405/405-255 31 20 ILCS 405/35.9................... 20 ILCS 405/405-220 32 20 ILCS 405/64..................... 20 ILCS 405/405-100 33 20 ILCS 405/64.1................... 20 ILCS 405/405-105 34 20 ILCS 405/64.2................... 20 ILCS 405/405-110 HB0236 Engrossed -717- LRB9100031DJcdA 1 20 ILCS 405/64.3................... 20 ILCS 405/405-115 2 20 ILCS 405/67..................... 20 ILCS 405/405-200 3 20 ILCS 405/67.01.................. rep. 7-1-98, P.A. 90-572 4 20 ILCS 405/67.02.................. 20 ILCS 405/405-300 5 20 ILCS 405/67.04.................. rep. 7-1-98, P.A. 90-572 6 20 ILCS 405/67.05.................. 20 ILCS 405/405-240 7 20 ILCS 405/67.06.................. 20 ILCS 405/405-305 8 20 ILCS 405/67.07.................. 20 ILCS 405/405-310 9 20 ILCS 405/67.08.................. 20 ILCS 405/405-265 10 20 ILCS 405/67.09.................. 20 ILCS 405/405-225 11 20 ILCS 405/67.15.................. 20 ILCS 405/405-280 12 20 ILCS 405/67.16.................. 20 ILCS 405/405-285 13 20 ILCS 405/67.18.................. 20 ILCS 405/405-270 14 20 ILCS 405/67.20.................. 20 ILCS 405/405-30 15 20 ILCS 405/67.21.................. 20 ILCS 405/405-210 16 20 ILCS 405/67.22.................. 20 ILCS 405/405-215 17 20 ILCS 405/67.23.................. 20 ILCS 405/405-230 18 20 ILCS 405/67.24.................. 20 ILCS 405/405-315 19 20 ILCS 405/67.25.................. 20 ILCS 405/405-320 20 20 ILCS 405/67.26.................. 20 ILCS 405/405-325 21 20 ILCS 405/67.27.................. 20 ILCS 405/405-190 22 20 ILCS 405/67.28.................. 20 ILCS 405/405-130 23 20 ILCS 405/67.29.................. 20 ILCS 405/405-120 24 20 ILCS 405/67.30.................. 20 ILCS 405/405-295 25 20 ILCS 405/67.31.................. 20 ILCS 405/405-125 26 20 ILCS 405/67.32.................. 20 ILCS 405/405-290 27 20 ILCS 405/67.33.................. 20 ILCS 405/405-275 28 20 ILCS 405/67.34.................. 20 ILCS 405/405-25 29 20 ILCS 405/67.35.................. 20 ILCS 405/405-500 30 20 ILCS 510/65..................... 20 ILCS 510/510-10 31 20 ILCS 510/65.1................... 20 ILCS 510/510-15 32 20 ILCS 510/65.2................... 20 ILCS 510/510-200 33 20 ILCS 510/65.3................... 20 ILCS 510/510-95 34 20 ILCS 510/65.4................... 20 ILCS 510/510-20 HB0236 Engrossed -718- LRB9100031DJcdA 1 20 ILCS 510/65.5................... 20 ILCS 510/510-25 2 20 ILCS 510/65.6................... 20 ILCS 510/510-30 3 20 ILCS 510/65.7................... 20 ILCS 510/510-35 4 20 ILCS 510/65.8................... 20 ILCS 510/510-100 5 20 ILCS 605/46.1, in part.......... 20 ILCS 605/605-5 6 20 ILCS 605/46.1, in part.......... 20 ILCS 605/605-10 7 20 ILCS 605/46.2................... 20 ILCS 605/605-300 8 20 ILCS 605/46.3................... 20 ILCS 605/605-310 9 20 ILCS 605/46.4................... 20 ILCS 605/605-330 10 20 ILCS 605/46.4a.................. 20 ILCS 605/605-335 11 20 ILCS 605/46.5................... 20 ILCS 605/605-320 12 20 ILCS 605/46.5a.................. 20 ILCS 605/605-405 13 20 ILCS 605/46.6................... 20 ILCS 605/605-700 14 20 ILCS 605/46.6a.................. 20 ILCS 605/605-705 15 20 ILCS 605/46.6b.................. 20 ILCS 605/605-900 16 20 ILCS 605/46.6c.................. 20 ILCS 605/605-710 17 20 ILCS 605/46.7................... 20 ILCS 605/605-200 18 20 ILCS 605/46.9................... 20 ILCS 605/605-210 19 20 ILCS 605/46.10.................. 20 ILCS 605/605-490 20 20 ILCS 605/46.11.................. 20 ILCS 605/605-85 21 20 ILCS 605/46.12.................. 20 ILCS 605/605-350 22 20 ILCS 605/46.13.................. 20 ILCS 605/605-500 23 20 ILCS 605/46.13a................. 20 ILCS 605/605-515 24 20 ILCS 605/46.14.................. 20 ILCS 605/605-610 25 20 ILCS 605/46.15.................. 20 ILCS 605/605-505 26 20 ILCS 605/46.16.................. 20 ILCS 605/605-720 27 20 ILCS 605/46.17.................. 20 ILCS 605/605-315 28 20 ILCS 605/46.19.................. 20 ILCS 605/605-495 29 20 ILCS 605/46.19a, subsec. (1).... 20 ILCS 605/605-800 30 20 ILCS 605/46.19a, subsec. (2).... 20 ILCS 605/605-355 31 20 ILCS 605/46.19a, subsec. (3).... 20 ILCS 605/605-360 32 20 ILCS 605/46.19a, subsec. (4).... 20 ILCS 605/605-365 33 20 ILCS 605/46.19a, subsec. (5).... 20 ILCS 605/605-805 34 20 ILCS 605/46.19a, subsec. (6).... 20 ILCS 605/605-810 HB0236 Engrossed -719- LRB9100031DJcdA 1 20 ILCS 605/46.19a, subsec. (7).... 20 ILCS 605/605-815 2 20 ILCS 605/46.19c................. 20 ILCS 605/605-400 3 20 ILCS 605/46.19d................. 20 ILCS 605/605-410 4 20 ILCS 605/46.19e................. 20 ILCS 605/605-615 5 20 ILCS 605/46.19f................. 20 ILCS 605/605-600 6 20 ILCS 605/46.19g................. 20 ILCS 605/605-450 7 20 ILCS 605/46.19h................. 20 ILCS 605/605-510 8 20 ILCS 605/46.19i................. 20 ILCS 605/605-325 9 20 ILCS 605/46.19j................. 20 ILCS 605/605-415 10 20 ILCS 605/46.20.................. repealed 11 20 ILCS 605/46.21.................. 20 ILCS 605/605-55 12 20 ILCS 605/46.22.................. 20 ILCS 605/605-15 13 20 ILCS 605/46.24.................. 20 ILCS 605/605-620 14 20 ILCS 605/46.25.................. 20 ILCS 605/605-625 15 20 ILCS 605/46.26.................. 20 ILCS 605/605-630 16 20 ILCS 605/46.27.................. 20 ILCS 605/605-930 17 20 ILCS 605/46.28.................. 20 ILCS 605/605-370 18 20 ILCS 605/46.29.................. 20 ILCS 605/605-20 19 20 ILCS 605/46.30a................. 20 ILCS 605/605-25 20 20 ILCS 605/46.32.................. 20 ILCS 605/605-935 21 20 ILCS 605/46.32a, subsec. (a).... 20 ILCS 605/605-850 22 20 ILCS 605/46.32a, subsec. (b).... 20 ILCS 605/605-855 23 20 ILCS 605/46.32a, subsec. (c).... 20 ILCS 605/605-860 24 20 ILCS 605/46.33.................. 20 ILCS 605/605-100 25 20 ILCS 605/46.34.................. 20 ILCS 605/605-110 26 20 ILCS 605/46.35.................. 20 ILCS 605/605-105 27 20 ILCS 605/46.36.................. 20 ILCS 605/605-115 28 20 ILCS 605/46.37.................. 20 ILCS 605/605-940 29 20 ILCS 605/46.37a................. 20 ILCS 605/605-990 30 20 ILCS 605/46.38.................. 20 ILCS 605/605-945 31 20 ILCS 605/46.38a................. 20 ILCS 605/605-950 32 20 ILCS 605/46.39.................. 20 ILCS 605/605-205 33 20 ILCS 605/46.40.................. 20 ILCS 605/605-995 34 20 ILCS 605/46.41.................. 20 ILCS 605/605-30 HB0236 Engrossed -720- LRB9100031DJcdA 1 20 ILCS 605/46.41b................. 20 ILCS 605/605-905 2 20 ILCS 605/46.42.................. 20 ILCS 605/605-95 3 20 ILCS 605/46.43.................. 20 ILCS 605/605-35 4 20 ILCS 605/46.44.................. 20 ILCS 605/605-305 5 20 ILCS 605/46.45.................. 20 ILCS 605/605-915 6 20 ILCS 605/46.47.................. 20 ILCS 605/605-920 7 20 ILCS 605/46.48.................. 20 ILCS 605/605-925 8 20 ILCS 605/46.49.................. 20 ILCS 605/605-820 9 20 ILCS 605/46.50.................. rep. 7-1-98, P.A. 90-372 10 20 ILCS 605/46.51.................. 20 ILCS 605/605-50 11 20 ILCS 605/46.52.................. 20 ILCS 605/605-65 12 20 ILCS 605/46.53.................. 20 ILCS 605/605-75 13 20 ILCS 605/46.54.................. 20 ILCS 605/605-340 14 20 ILCS 605/46.55.................. 20 ILCS 605/605-525 15 20 ILCS 605/46.56.................. 20 ILCS 605/605-910 16 20 ILCS 605/46.57.................. 20 ILCS 605/605-605 17 20 ILCS 605/46.58.................. 20 ILCS 605/605-375 18 20 ILCS 605/46.59.................. 20 ILCS 605/605-715 19 20 ILCS 605/46.60.................. 20 ILCS 605/605-380 20 20 ILCS 605/46.62.................. 20 ILCS 605/605-385 21 20 ILCS 605/46.63.................. 20 ILCS 605/605-520 22 20 ILCS 605/46.65.................. 20 ILCS 605/605-825 23 20 ILCS 605/46.66.................. 20 ILCS 605/605-675 24 20 ILCS 605/46.67.................. 20 ILCS 605/605-345 25 20 ILCS 605/46.68.................. 20 ILCS 605/605-875 26 20 ILCS 605/46.69.................. 20 ILCS 605/605-575 27 20 ILCS 605/47.2................... 20 ILCS 605/605-40 28 20 ILCS 605/47.3................... 20 ILCS 605/605-328 29 20 ILCS 805/63a.................... 20 ILCS 805/805-10 30 20 ILCS 805/63a1................... 20 ILCS 805/805-100 31 20 ILCS 805/63a2................... 20 ILCS 805/805-105 32 20 ILCS 805/63a3................... 20 ILCS 805/805-110 33 20 ILCS 805/63a4................... 20 ILCS 805/805-115 34 20 ILCS 805/63a5................... 20 ILCS 805/805-120 HB0236 Engrossed -721- LRB9100031DJcdA 1 20 ILCS 805/63a6................... 20 ILCS 805/805-235 2 20 ILCS 805/63a7................... 20 ILCS 805/805-260 3 20 ILCS 805/63a8................... 20 ILCS 805/805-130 4 20 ILCS 805/63a9................... 20 ILCS 805/805-530 5 20 ILCS 805/63a10.................. 20 ILCS 805/805-255 6 20 ILCS 805/63a11.................. 20 ILCS 805/805-520 7 20 ILCS 805/63a12.................. 20 ILCS 805/805-500 8 20 ILCS 805/63a13.................. 20 ILCS 805/805-510 9 20 ILCS 805/63a13-1................ 20 ILCS 805/805-200 10 20 ILCS 805/63a14.................. 20 ILCS 805/805-330 11 20 ILCS 805/63a15.................. 20 ILCS 805/805-525 12 20 ILCS 805/63a17.................. 20 ILCS 805/805-215 13 20 ILCS 805/63a18.................. 20 ILCS 805/805-230 14 20 ILCS 805/63a19.................. 20 ILCS 805/805-225 15 20 ILCS 805/63a20.................. 20 ILCS 805/805-250 16 20 ILCS 805/63a21.................. 20 ILCS 805/805-300 17 20 ILCS 805/63a21.1................ 20 ILCS 805/805-335 18 20 ILCS 805/63a21.2................ 20 ILCS 805/805-315 19 20 ILCS 805/63a21.3................ 20 ILCS 805/805-320 20 20 ILCS 805/63a22.................. 20 ILCS 805/805-400 21 20 ILCS 805/63a23.................. 20 ILCS 805/805-305 22 20 ILCS 805/63a24.................. 20 ILCS 805/805-310 23 20 ILCS 805/63a25.................. 20 ILCS 805/805-325 24 20 ILCS 805/63a26.................. 20 ILCS 805/805-270 25 20 ILCS 805/63a27.................. 20 ILCS 805/805-275 26 20 ILCS 805/63a28.................. 20 ILCS 805/805-515 27 20 ILCS 805/63a29.................. 20 ILCS 805/805-205 28 20 ILCS 805/63a30.................. 20 ILCS 805/805-405 29 20 ILCS 805/63a31.................. 20 ILCS 805/805-505 30 20 ILCS 805/63a32.................. 20 ILCS 805/805-410 31 20 ILCS 805/63a33.................. 20 ILCS 805/805-210 32 20 ILCS 805/63a34.................. 20 ILCS 805/805-220 33 20 ILCS 805/63a35.................. rep. 7-1-98, P.A. 90-372 34 20 ILCS 805/63a36.................. 20 ILCS 805/805-420 HB0236 Engrossed -722- LRB9100031DJcdA 1 20 ILCS 805/63a37.................. 20 ILCS 805/805-15 2 20 ILCS 805/63a38.................. 20 ILCS 805/805-30 3 20 ILCS 805/63a39.................. 20 ILCS 805/805-265 4 20 ILCS 805/63a40.................. 20 ILCS 805/805-35 5 20 ILCS 805/63a41.................. 20 ILCS 805/805-40 6 20 ILCS 805/63b.................... 20 ILCS 805/805-240 7 20 ILCS 805/63b1................... 20 ILCS 805/805-125 8 20 ILCS 805/63b1.2................. 20 ILCS 805/805-80 9 20 ILCS 805/63b2.1................. 20 ILCS 805/805-245 10 20 ILCS 805/63b2.2................. 20 ILCS 805/805-535 11 20 ILCS 805/63b2.3................. 20 ILCS 805/805-425 12 20 ILCS 805/63b2.4................. 20 ILCS 805/805-430 13 20 ILCS 805/63b2.5................. 20 ILCS 805/805-435 14 20 ILCS 805/63b2.6................. 20 ILCS 805/805-540 15 20 ILCS 805/63b2.7................. rep. 7-1-98, P.A. 90-372 16 20 ILCS 805/63b2.8................. 20 ILCS 805/805-25 17 20 ILCS 805/63b2.9................. 20 ILCS 805/805-70 18 20 ILCS 1005/43a................... 20 ILCS 1005/1005-10 19 20 ILCS 1005/43a.01................ 20 ILCS 1005/1005-100 20 20 ILCS 1005/43a.02................ 20 ILCS 1005/1005-15 21 20 ILCS 1005/43a.03................ 20 ILCS 1005/1005-30 22 20 ILCS 1005/43a.04................ 20 ILCS 1005/1005-20 23 20 ILCS 1005/43a.05................ 20 ILCS 1005/1005-25 24 20 ILCS 1005/43a.06................ 20 ILCS 1005/1005-45 25 20 ILCS 1005/43a.07................ 20 ILCS 1005/1005-35 26 20 ILCS 1005/43a.08................ 20 ILCS 1005/1005-40 27 20 ILCS 1005/43a.09................ 20 ILCS 1005/1005-105 28 20 ILCS 1005/43a.10................ 20 ILCS 1005/1005-115 29 20 ILCS 1005/43a.11................ 20 ILCS 1005/1005-50 30 20 ILCS 1005/43a.12................ 20 ILCS 1005/1005-75 31 20 ILCS 1005/43a.13................ 20 ILCS 1005/1005-120 32 20 ILCS 1005/43a.14................ 20 ILCS 1005/1005-130 33 20 ILCS 1005/44a................... 20 ILCS 1005/1005-110 HB0236 Engrossed -723- LRB9100031DJcdA 1 20 ILCS 1405/56.................... 20 ILCS 1405/1405-5 2 20 ILCS 1405/56.1.................. 20 ILCS 1405/1405-10 3 20 ILCS 1405/56.2.................. 20 ILCS 1405/1405-15 4 20 ILCS 1505/43.................... 20 ILCS 1505/1505-10 5 20 ILCS 1505/43.01................. rep. 7-1-98, P.A. 90-372 6 20 ILCS 1505/43.03................. rep. 7-1-98, P.A. 90-372 7 20 ILCS 1505/43.04................. rep. 7-1-98, P.A. 90-372 8 20 ILCS 1505/43.05................. rep. 7-1-98, P.A. 90-372 9 20 ILCS 1505/43.07................. 20 ILCS 1505/1505-15 10 20 ILCS 1505/43.08................. 20 ILCS 1505/1505-30 11 20 ILCS 1505/43.09................. 20 ILCS 1505/1505-25 12 20 ILCS 1505/43.10................. 20 ILCS 1505/1505-35 13 20 ILCS 1505/43.12................. 20 ILCS 1505/1505-40 14 20 ILCS 1505/43.13................. 20 ILCS 1505/1505-20 15 20 ILCS 1505/43.15a................ 20 ILCS 1505/1505-45 16 20 ILCS 1505/43.16................. 20 ILCS 1505/1505-50 17 20 ILCS 1505/43.17................. 20 ILCS 1505/1505-120 18 20 ILCS 1505/43.19................. rep. 7-1-98, P.A. 90-372 19 20 ILCS 1505/43.20................. 20 ILCS 1505/1505-150 20 20 ILCS 1505/43.21................. 20 ILCS 1505/1505-200 21 20 ILCS 1710/53, subsec. (a), 22 in part............................ 20 ILCS 1710/1710-10 23 20 ILCS 1710/53, subdiv. (a)1...... 20 ILCS 1710/1710-15 24 20 ILCS 1710/53, subdiv. (a)2...... 20 ILCS 1710/1710-20 25 20 ILCS 1710/53, subdiv. (a)3...... 20 ILCS 1710/1710-25 26 20 ILCS 1710/53, subdiv. (a)4...... 20 ILCS 1710/1710-20 27 20 ILCS 1710/53, subdiv. (a)5...... 20 ILCS 1710/1710-50 28 20 ILCS 1710/53, subsec. (b)....... 20 ILCS 1710/1710-75 29 20 ILCS 1710/53a................... 20 ILCS 1710/1710-30 30 20 ILCS 1710/53d................... 20 ILCS 1710/1710-100 31 20 ILCS 1905/45, in part........... 20 ILCS 1905/1905-10 32 20 ILCS 1905/45, par. 1............ 20 ILCS 1905/1905-15 33 20 ILCS 1905/45, par. 2............ 20 ILCS 1905/1905-20 HB0236 Engrossed -724- LRB9100031DJcdA 1 20 ILCS 1905/45, par. 3............ 20 ILCS 1905/1905-25 2 20 ILCS 1905/45, par. 4............ 20 ILCS 1905/1905-30 3 20 ILCS 1905/45, par. 5............ 20 ILCS 1905/1905-45 4 20 ILCS 1905/45, par. 6............ 20 ILCS 1905/1905-200 5 20 ILCS 1905/45, par. 7............ 20 ILCS 1905/1905-50, 6 subsec. (a) 7 20 ILCS 1905/45, par. 8............ 20 ILCS 1905/1905-50, 8 subsec. (b) 9 20 ILCS 1905/45, par. 9............ 20 ILCS 1905/1905-100 10 20 ILCS 1905/45, par. 10........... 20 ILCS 1905/1905-40 11 20 ILCS 1905/45, in part........... 20 ILCS 1905/1905-150 12 20 ILCS 1905/45, in part........... 20 ILCS 1905/1905-90 13 20 ILCS 1905/45.1.................. 20 ILCS 1905/1905-110 14 20 ILCS 1905/45.2.................. 20 ILCS 1905/1905-105 15 20 ILCS 1905/46.................... 20 ILCS 1905/1905-75 16 20 ILCS 1905/47.................... 20 ILCS 1905/1905-35 17 20 ILCS 2005/71, subsec. A......... 20 ILCS 2005/2005-10 18 20 ILCS 2005/71, subsec. B......... 20 ILCS 2005/2005-15 19 20 ILCS 2005/71, subsec. C......... 20 ILCS 2005/2005-35 20 20 ILCS 2005/71, subsec. D......... 20 ILCS 2005/2005-40 21 20 ILCS 2005/71, subsec. E......... 20 ILCS 2005/2005-25 22 20 ILCS 2005/71, subsec. F......... 20 ILCS 2005/2005-65 23 20 ILCS 2005/71, subsec. G......... 20 ILCS 2005/2005-70 24 20 ILCS 2005/71, subsec. H......... 20 ILCS 2005/2005-20 25 20 ILCS 2005/71, subsec. I......... 20 ILCS 2005/2005-75 26 20 ILCS 2005/71, subsec. J......... 20 ILCS 2005/2005-50 27 20 ILCS 2005/71, subsec. K......... 20 ILCS 2005/2005-45 28 20 ILCS 2005/71, subsec. L......... 20 ILCS 2005/2005-55 29 20 ILCS 2005/71, subsec. M......... 20 ILCS 2005/2005-60 30 20 ILCS 2005/71, subsec. N......... 20 ILCS 2005/2005-80 31 20 ILCS 2005/71, subsec. O......... 20 ILCS 2005/2005-85 32 20 ILCS 2005/72.................... 20 ILCS 2005/2005-30 33 20 ILCS 2105/60.................... 20 ILCS 2105/2105-15 HB0236 Engrossed -725- LRB9100031DJcdA 1 20 ILCS 2105/60.01................. 20 ILCS 2105/2105-25 2 20 ILCS 2105/60.1.................. 20 ILCS 2105/2105-200 3 20 ILCS 2105/60.2.................. 20 ILCS 2105/2105-210 4 20 ILCS 2105/60.3.................. 20 ILCS 2105/2105-205 5 20 ILCS 2105/60a, in part.......... 20 ILCS 2105/2105-175 6 20 ILCS 2105/60a, in part.......... 20 ILCS 2105/2105-325 7 20 ILCS 2105/60b................... 20 ILCS 2105/2105-5 8 20 ILCS 2105/60c................... 20 ILCS 2105/2105-100 9 20 ILCS 2105/60d................... 20 ILCS 2105/2105-105 10 20 ILCS 2105/60e................... 20 ILCS 2105/2105-110 11 20 ILCS 2105/60f................... 20 ILCS 2105/2105-115 12 20 ILCS 2105/60g................... 20 ILCS 2105/2105-120 13 20 ILCS 2105/60h................... 20 ILCS 2105/2105-125 14 20 ILCS 2105/60m................... 20 ILCS 2105/2105-150 15 20 ILCS 2105/60n................... 20 ILCS 2105/2105-155 16 20 ILCS 2105/61.................... 20 ILCS 2105/2105-40 17 20 ILCS 2105/61a................... 20 ILCS 2105/2105-215 18 20 ILCS 2105/61b................... 20 ILCS 2105/2105-220 19 20 ILCS 2105/61c................... 20 ILCS 2105/2105-55 20 20 ILCS 2105/61d................... 20 ILCS 2105/2105-10 21 20 ILCS 2105/61e................... 20 ILCS 2105/2105-300 22 20 ILCS 2105/61f (formerly 110 ILCS 23 355/62.1; revised 10-28-98)........ 20 ILCS 2105/2105-75 24 20 ILCS 2205/48a................... 20 ILCS 2205/2205-5 25 20 ILCS 2205/48b................... 20 ILCS 2205/2205-10 26 20 ILCS 2310/55.................... 20 ILCS 2310/2310-10 27 20 ILCS 2310/55.02................. 20 ILCS 2310/2310-15 28 20 ILCS 2310/55.04................. 20 ILCS 2310/2310-530 29 20 ILCS 2310/55.05................. 20 ILCS 2310/2310-25 30 20 ILCS 2310/55.06................. 20 ILCS 2310/2310-555 31 20 ILCS 2310/55.07................. 20 ILCS 2310/2310-500 32 20 ILCS 2310/55.08................. 20 ILCS 2310/2310-505 33 20 ILCS 2310/55.09................. 20 ILCS 2310/2310-90 HB0236 Engrossed -726- LRB9100031DJcdA 1 20 ILCS 2310/55.10................. 20 ILCS 2310/2310-575 2 20 ILCS 2310/55.11................. 20 ILCS 2310/2310-580 3 20 ILCS 2310/55.12................. 20 ILCS 2310/2310-30 4 20 ILCS 2310/55.13................. 20 ILCS 2310/2310-250 5 20 ILCS 2310/55.14................. 20 ILCS 2310/2310-55 6 20 ILCS 2310/55.15................. 20 ILCS 2310/2310-510 7 20 ILCS 2310/55.16................. 20 ILCS 2310/2310-100 8 20 ILCS 2310/55.17................. 20 ILCS 2310/2310-20 9 20 ILCS 2310/55.18................. 20 ILCS 2310/2310-105 10 20 ILCS 2310/55.19................. 20 ILCS 2310/2310-50 11 20 ILCS 2310/55.20................. 20 ILCS 2310/2310-545 12 20 ILCS 2310/55.21................. 20 ILCS 2310/2310-535 13 20 ILCS 2310/55.22................. 20 ILCS 2310/2310-60 14 20 ILCS 2310/55.23................. 20 ILCS 2310/2310-355 15 20 ILCS 2310/55.24................. 20 ILCS 2310/2310-155 16 20 ILCS 2310/55.25................. 20 ILCS 2310/2310-110 17 20 ILCS 2310/55.26................. 20 ILCS 2310/2310-65 18 20 ILCS 2310/55.27................. 20 ILCS 2310/2310-35 19 20 ILCS 2310/55.28................. 20 ILCS 2310/2310-40 20 20 ILCS 2310/55.29................. 20 ILCS 2310/2310-45 21 20 ILCS 2310/55.30................. 20 ILCS 2310/2310-170 22 20 ILCS 2310/55.31................. 20 ILCS 2310/2310-540 23 20 ILCS 2310/55.31a................ 20 ILCS 2310/2310-385 24 20 ILCS 2310/55.31b................ 20 ILCS 2310/2310-365 25 20 ILCS 2310/55.36................. 20 ILCS 2310/2310-375 26 20 ILCS 2310/55.37................. 20 ILCS 2310/2310-135 27 20 ILCS 2310/55.37a................ 20 ILCS 2310/2310-140 28 20 ILCS 2310/55.38................. 20 ILCS 2310/2310-75 29 20 ILCS 2310/55.39................. 20 ILCS 2310/2310-195 30 20 ILCS 2310/55.40................. 20 ILCS 2310/2310-550 31 20 ILCS 2310/55.41................. 20 ILCS 2310/2310-315 32 20 ILCS 2310/55.42................. 20 ILCS 2310/2310-410 33 20 ILCS 2310/55.43................. 20 ILCS 2310/2310-335 34 20 ILCS 2310/55.44................. 20 ILCS 2310/2310-435 HB0236 Engrossed -727- LRB9100031DJcdA 1 20 ILCS 2310/55.45................. 20 ILCS 2310/2310-325 2 20 ILCS 2310/55.46................. 20 ILCS 2310/2310-330 3 20 ILCS 2310/55.49................. 20 ILCS 2310/2310-345 4 20 ILCS 2310/55.51................. 20 ILCS 2310/2310-185 5 20 ILCS 2310/55.52................. 20 ILCS 2310/2310-380 6 20 ILCS 2310/55.53................. 20 ILCS 2310/2310-200 7 20 ILCS 2310/55.54................. 20 ILCS 2310/2310-440 8 20 ILCS 2310/55.55................. 20 ILCS 2310/2310-405 9 20 ILCS 2310/55.56................. 20 ILCS 2310/2310-320 10 20 ILCS 2310/55.57................. 20 ILCS 2310/2310-205 11 20 ILCS 2310/55.58................. 20 ILCS 2310/2310-225 12 20 ILCS 2310/55.61................. 20 ILCS 2310/2310-275 13 20 ILCS 2310/55.62................. 20 ILCS 2310/2310-215 14 20 ILCS 2310/55.62a................ 20 ILCS 2310/2310-210 15 20 ILCS 2310/55.63................. 20 ILCS 2310/2310-235 16 20 ILCS 2310/55.64................. 20 ILCS 2310/2310-305 17 20 ILCS 2310/55.65................. 20 ILCS 2310/2310-390 18 20 ILCS 2310/55.66................. 20 ILCS 2310/2310-425 19 20 ILCS 2310/55.67................. 20 ILCS 2310/2310-230 20 20 ILCS 2310/55.68................. 20 ILCS 2310/2310-340 21 20 ILCS 2310/55.69................. 20 ILCS 2310/2310-430 22 20 ILCS 2310/55.70................. 20 ILCS 2310/2310-350 23 20 ILCS 2310/55.71................. 20 ILCS 2310/2310-445 24 20 ILCS 2310/55.72................. 20 ILCS 2310/2310-395 25 20 ILCS 2310/55.73................. 20 ILCS 2310/2310-220 26 20 ILCS 2310/55.74................. 20 ILCS 2310/2310-420 27 20 ILCS 2310/55.75................. 20 ILCS 2310/2310-255 28 20 ILCS 2310/55.76................. 20 ILCS 2310/2310-370 29 20 ILCS 2310/55.78................. 20 ILCS 2310/2310-300 30 20 ILCS 2310/55.79................. 20 ILCS 2310/2310-310 31 20 ILCS 2310/55.80................. 20 ILCS 2310/2310-360 32 20 ILCS 2310/55.81................. 20 ILCS 2310/2310-415 33 20 ILCS 2310/55.82................. 20 ILCS 2310/2310-130 34 20 ILCS 2310/55.83................. 20 ILCS 2310/2310-400 HB0236 Engrossed -728- LRB9100031DJcdA 1 20 ILCS 2310/55.84................. 20 ILCS 2310/2310-442 2 20 ILCS 2310/55.85................. 20 ILCS 2310/2310-392 3 20 ILCS 2310/55.86................. 20 ILCS 2310/2310-352 4 20 ILCS 2310/55.87................. 20 ILCS 2310/2310-560 5 20 ILCS 2310/55.88................. 20 ILCS 2310/2310-565 6 20 ILCS 2310/55.89................. 20 ILCS 2310/2310-80 7 20 ILCS 2310/55.90................. 20 ILCS 2310/2310-397 8 20 ILCS 2505/39b................... 20 ILCS 2505/2505-10 9 20 ILCS 2505/39b1.................. 20 ILCS 2505/2505-15 10 20 ILCS 2505/39b2.................. 20 ILCS 2505/2505-20 11 20 ILCS 2505/39b3.................. 20 ILCS 2505/2505-25 12 20 ILCS 2505/39b4.................. 20 ILCS 2505/2505-30 13 20 ILCS 2505/39b5.................. 20 ILCS 2505/2505-35 14 20 ILCS 2505/39b6.................. 20 ILCS 2505/2505-40 15 20 ILCS 2505/39b7.................. 20 ILCS 2505/2505-45 16 20 ILCS 2505/39b8.................. rep. 7-1-98, P.A. 90-372 17 20 ILCS 2505/39b9.................. rep. 7-1-98, P.A. 90-372 18 20 ILCS 2505/39b10................. 20 ILCS 2505/2505-60 19 20 ILCS 2505/39b11................. 20 ILCS 2505/2505-500 20 20 ILCS 2505/39b12................. 20 ILCS 2505/2505-65 21 20 ILCS 2505/39b13................. 20 ILCS 2505/2505-700 22 20 ILCS 2505/39b14................. 20 ILCS 2505/2505-705 23 20 ILCS 2505/39b15................. 20 ILCS 2505/2505-300 24 20 ILCS 2505/39b15.1............... 20 ILCS 2505/2505-305 25 20 ILCS 2505/39b15.2............... 20 ILCS 2505/2505-310 26 20 ILCS 2505/39b16................. 20 ILCS 2505/2505-315 27 20 ILCS 2505/39b17................. 20 ILCS 2505/2505-320 28 20 ILCS 2505/39b18................. 20 ILCS 2505/2505-450 29 20 ILCS 2505/39b19................. 20 ILCS 2505/2505-795 30 20 ILCS 2505/39b20................. 20 ILCS 2505/2505-505 31 20 ILCS 2505/39b20.1............... 20 ILCS 2505/2505-510 32 20 ILCS 2505/39b21................. 20 ILCS 2505/2505-600 33 20 ILCS 2505/39b22................. 20 ILCS 2505/2505-605 34 20 ILCS 2505/39b23................. 20 ILCS 2505/2505-730 HB0236 Engrossed -729- LRB9100031DJcdA 1 20 ILCS 2505/39b24................. 20 ILCS 2505/2505-70 2 20 ILCS 2505/39b25................. rep. 7-1-98, P.A. 90-372 3 20 ILCS 2505/39b26................. 20 ILCS 2505/2505-80 4 20 ILCS 2505/39b27................. 20 ILCS 2505/2505-85 5 20 ILCS 2505/39b28................. 20 ILCS 2505/2505-90 6 20 ILCS 2505/39b29................. 20 ILCS 2505/2505-95 7 20 ILCS 2505/39b30................. 20 ILCS 2505/2505-100 8 20 ILCS 2505/39b31................. 20 ILCS 2505/2505-105 9 20 ILCS 2505/39b32................. 20 ILCS 2505/2505-475 10 20 ILCS 2505/39b33................. 20 ILCS 2505/2505-790 11 20 ILCS 2505/39b34................. rep. 7-1-98, P.A. 90-372 12 20 ILCS 2505/39b35................. 20 ILCS 2505/2505-625 13 20 ILCS 2505/39b35.1............... 20 ILCS 2505/2505-340 14 20 ILCS 2505/39b36................. 20 ILCS 2505/2505-630 15 20 ILCS 2505/39b46................. rep. 7-1-98, P.A. 90-372 16 20 ILCS 2505/39b47................. 20 ILCS 2505/2505-380 17 20 ILCS 2505/39b48................. 20 ILCS 2505/2505-360 18 20 ILCS 2505/39b49................. 20 ILCS 2505/2505-400 19 20 ILCS 2505/39b50................. 20 ILCS 2505/2505-675 20 20 ILCS 2505/39b51................. 20 ILCS 2505/2505-550 21 20 ILCS 2505/39b52................. 20 ILCS 2505/2505-650 22 20 ILCS 2505/39b53................. 20 ILCS 2505/2505-575 23 20 ILCS 2505/39b54................. 20 ILCS 2505/2505-425 24 20 ILCS 2505/39c................... 20 ILCS 2505/2505-250 25 20 ILCS 2505/39c-1................. 20 ILCS 2505/2505-210 26 20 ILCS 2505/39c-1a................ 20 ILCS 2505/2505-200 27 20 ILCS 2505/39c-1b................ 20 ILCS 2505/2505-205 28 20 ILCS 2505/39c-1c................ 20 ILCS 2505/2505-405 29 20 ILCS 2505/39c-2................. 20 ILCS 2505/2505-175 30 20 ILCS 2505/39c-3................. 20 ILCS 2505/2505-215 31 20 ILCS 2505/39c-4................. 20 ILCS 2505/2505-190 32 20 ILCS 2505/39e................... 20 ILCS 2505/2505-275 33 20 ILCS 2605/55a, subsec. (A), 34 in part............................ 20 ILCS 2605/2605-10 HB0236 Engrossed -730- LRB9100031DJcdA 1 20 ILCS 2605/55a, subdiv. (A)1..... 20 ILCS 2605/2605-100 2 20 ILCS 2605/55a, subdiv. (A)2..... 20 ILCS 2605/2605-105 3 20 ILCS 2605/55a, subdiv. (A)3..... 20 ILCS 2605/2605-110 4 20 ILCS 2605/55a, subdiv. (A)4..... 20 ILCS 2605/2605-200 5 20 ILCS 2605/55a, subdiv. (A)5..... 20 ILCS 2605/2605-300 6 20 ILCS 2605/55a, subdiv. (A)6..... 20 ILCS 2605/2605-500 7 20 ILCS 2605/55a, subdiv. (A)7..... 20 ILCS 2605/2605-430 8 20 ILCS 2605/55a, subdiv. (A)8..... 20 ILCS 2605/2605-140 9 20 ILCS 2605/55a, subdiv. (A)9..... 20 ILCS 2605/2605-115 10 20 ILCS 2605/55a, subdiv. (A)10.... 20 ILCS 2605/2605-120 11 20 ILCS 2605/55a, subdiv. (A)11.... 20 ILCS 2605/2605-190 12 20 ILCS 2605/55a, subdiv. (A)12.... 20 ILCS 2605/2605-550 13 20 ILCS 2605/55a, subdiv. (A)13.... 20 ILCS 2605/2605-525 14 20 ILCS 2605/55a, subdiv. (A)14.... 20 ILCS 2605/2605-215 15 20 ILCS 2605/55a, subdiv. (A)15.... 20 ILCS 2605/2605-250 16 20 ILCS 2605/55a, subdiv. (A)16.... 20 ILCS 2605/2605-420 17 20 ILCS 2605/55a, subdiv. (A)17.... 20 ILCS 2605/2605-205 18 20 ILCS 2605/55a, subdiv. (A)18.... 20 ILCS 2605/2605-350 19 20 ILCS 2605/55a, subdiv. (A)19.... 20 ILCS 2605/2605-355 20 20 ILCS 2605/55a, subdiv. (A)20.... 20 ILCS 2605/2605-360 21 20 ILCS 2605/55a, subdiv. (A)21.... 20 ILCS 2605/2605-365 22 20 ILCS 2605/55a, subdiv. (A)22.... 20 ILCS 2605/2605-400 23 20 ILCS 2605/55a, subdiv. (A)23.... 20 ILCS 2605/2605-130 24 20 ILCS 2605/55a, subdiv. (A)24.... 20 ILCS 2605/2605-375 25 20 ILCS 2605/55a, subdiv. (A)25.... 20 ILCS 2605/2605-325 26 20 ILCS 2605/55a, subdiv. (A)26.... 20 ILCS 2605/2605-15 27 20 ILCS 2605/55a, subdiv. (A)27.... 20 ILCS 2605/2605-435 28 20 ILCS 2605/55a, subdiv. (A)28.... 20 ILCS 2605/2605-335 29 20 ILCS 2605/55a, subdiv. (A)29.... 20 ILCS 2605/2605-210 30 20 ILCS 2605/55a, subdiv. (A)30.... 20 ILCS 2605/2605-275 31 20 ILCS 2605/55a, subdiv. (A)31.... 20 ILCS 2605/2605-390 32 20 ILCS 2605/55a, subdiv. (A)32.... 20 ILCS 2605/2605-340 33 20 ILCS 2605/55a, subdiv. (A)33.... 20 ILCS 2605/2605-405 34 20 ILCS 2605/55a, subdiv. (A)34.... 20 ILCS 2605/2605-315 HB0236 Engrossed -731- LRB9100031DJcdA 1 20 ILCS 2605/55a, subdiv. (A)35.... 20 ILCS 2605/2605-377 2 20 ILCS 2605/55a, subdiv. (A)36.... 20 ILCS 2605/2605-320 3 20 ILCS 2605/55a, subsec. (B)...... 20 ILCS 2605/2605-305 4 20 ILCS 2605/55a, subsec. (C)...... 20 ILCS 2605/2605-75 5 20 ILCS 2605/55a-1................. 20 ILCS 2605/2605-25 6 20 ILCS 2605/55a-2................. 20 ILCS 2605/2605-30 7 20 ILCS 2605/55a-3................. 20 ILCS 2605/2605-35 8 20 ILCS 2605/55a-4................. 20 ILCS 2605/2605-40 9 20 ILCS 2605/55a-5................. 20 ILCS 2605/2605-45 10 20 ILCS 2605/55a-6................. 20 ILCS 2605/2605-50 11 20 ILCS 2605/55a-7................. 20 ILCS 2605/2605-220 12 20 ILCS 2605/55a-8................. 20 ILCS 2605/2605-380 13 20 ILCS 2605/55b................... 20 ILCS 2605/2605-505 14 20 ILCS 2605/55c................... 20 ILCS 2605/2605-135 15 20 ILCS 2705/49, in part........... 20 ILCS 2705/2705-10 16 20 ILCS 2705/49, in part........... 20 ILCS 2705/2705-15, 17 subsec. (a) 18 20 ILCS 2705/49.01a................ 20 ILCS 2705/2705-100 19 20 ILCS 2705/49.02a................ 20 ILCS 2705/2705-225 20 20 ILCS 2705/49.06a................ 20 ILCS 2705/2705-105 21 20 ILCS 2705/49.06b................ 20 ILCS 2705/2705-285 22 20 ILCS 2705/49.07a................ 20 ILCS 2705/2705-110 23 20 ILCS 2705/49.08a................ 20 ILCS 2705/2705-115 24 20 ILCS 2705/49.11................. 20 ILCS 2705/2705-120 25 20 ILCS 2705/49.12................. 20 ILCS 2705/2705-550 26 20 ILCS 2705/49.13................. 20 ILCS 2705/2705-555 27 20 ILCS 2705/49.14................. 20 ILCS 2705/2705-255 28 20 ILCS 2705/49.15................. 20 ILCS 2705/2705-210 29 20 ILCS 2705/49.15a................ 20 ILCS 2705/2705-510 30 20 ILCS 2705/49.16................. 20 ILCS 2705/2705-200 31 20 ILCS 2705/49.17................. 20 ILCS 2705/2705-240 32 20 ILCS 2705/49.18................. 20 ILCS 2705/2705-300 33 20 ILCS 2705/49.19................. 20 ILCS 2705/2705-305 34 20 ILCS 2705/49.19a................ 20 ILCS 2705/2705-310 HB0236 Engrossed -732- LRB9100031DJcdA 1 20 ILCS 2705/49.19b................ 20 ILCS 2705/2705-315 2 20 ILCS 2705/49.20................. 20 ILCS 2705/2705-245 3 20 ILCS 2705/49.21................. 20 ILCS 2705/2705-205 4 20 ILCS 2705/49.22................. 20 ILCS 2705/2705-125 5 20 ILCS 2705/49.23................. 20 ILCS 2705/2705-15, 6 subsec. (b) 7 20 ILCS 2705/49.24................. 20 ILCS 2705/2705-175 8 20 ILCS 2705/49.25a................ 20 ILCS 2705/2705-400 9 20 ILCS 2705/49.25b................ 20 ILCS 2705/2705-405 10 20 ILCS 2705/49.25c................ 20 ILCS 2705/2705-410 11 20 ILCS 2705/49.25d................ 20 ILCS 2705/2705-415 12 20 ILCS 2705/49.25e................ 20 ILCS 2705/2705-420 13 20 ILCS 2705/49.25f................ 20 ILCS 2705/2705-425 14 20 ILCS 2705/49.25g................ 20 ILCS 2705/2705-430 15 20 ILCS 2705/49.25g-1.............. 20 ILCS 2705/2705-435 16 20 ILCS 2705/49.25h................ 20 ILCS 2705/2705-440 17 20 ILCS 2705/49.25h-1.............. 20 ILCS 2705/2705-450 18 20 ILCS 2705/49.25i................ 20 ILCS 2705/2705-445 19 20 ILCS 2705/49.25j................ 20 ILCS 2705/2705-275 20 20 ILCS 2705/49.26................. 20 ILCS 2705/2705-350 21 20 ILCS 2705/49.27................. 20 ILCS 2705/2705-215 22 20 ILCS 2705/49.28................. 20 ILCS 2705/2705-575 23 20 ILCS 2705/49.29................. 20 ILCS 2705/2705-500 24 20 ILCS 2705/49.30................. 20 ILCS 2705/2705-505 25 20 ILCS 2705/49.31................. 20 ILCS 2705/2705-90 26 20 ILCS 2705/49.32................. rep. 7-1-98, P.A. 90-372 27 20 ILCS 2705/49.33................. 20 ILCS 2705/2705-265 28 20 ILCS 2705/49.34................. 20 ILCS 2705/2705-375 29 110 ILCS 355/62.................... 110 ILCS 355/3000-5 30 110 ILCS 355/62.1.................. see 20 ILCS 2105/61f 31 Section 98-10. Derivation table. 32 AS CODIFIED BY THIS ACT OLD HB0236 Engrossed -733- LRB9100031DJcdA 1 20 ILCS 5/1-1..........................20 ILCS 5/1 2 20 ILCS 5/1-5..........................new 3 20 ILCS 5/5-1..........................new 4 20 ILCS 5/5-5..........................20 ILCS 5/2 5 20 ILCS 5/5-10.........................20 ILCS 5/2.1 6 20 ILCS 5/5-15.........................20 ILCS 5/3 7 20 ILCS 5/5-20.........................20 ILCS 5/4 8 20 ILCS 5/5-95.........................20 ILCS 5/34 9 20 ILCS 5/5-100........................20 ILCS 5/5 10 20 ILCS 5/5-105........................20 ILCS 5/5.14 11 20 ILCS 5/5-110........................20 ILCS 5/5.02 12 20 ILCS 5/5-115........................20 ILCS 5/5.13e 13 20 ILCS 5/5-120........................20 ILCS 5/5.13g 14 20 ILCS 5/5-125........................20 ILCS 5/5.13i 15 20 ILCS 5/5-130........................20 ILCS 5/5.13b 16 20 ILCS 5/5-135........................20 ILCS 5/5.13j 17 20 ILCS 5/5-140........................20 ILCS 5/5.10 18 20 ILCS 5/5-145........................20 ILCS 5/5.03 19 20 ILCS 5/5-150........................20 ILCS 5/5.09 20 20 ILCS 5/5-155........................20 ILCS 5/5.04 21 20 ILCS 5/5-160........................20 ILCS 5/5.13h 22 20 ILCS 5/5-165........................20 ILCS 5/5.13c 23 20 ILCS 5/5-170........................20 ILCS 5/5.07 24 20 ILCS 5/5-175........................20 ILCS 5/5.12 25 20 ILCS 5/5-180........................20 ILCS 5/5.11 26 20 ILCS 5/5-185........................20 ILCS 5/5.05 27 20 ILCS 5/5-190........................20 ILCS 5/5.01a 28 20 ILCS 5/5-200........................20 ILCS 5/7.11 29 20 ILCS 5/5-210........................20 ILCS 5/7.08 30 20 ILCS 5/5-215........................20 ILCS 5/7.06 31 20 ILCS 5/5-220........................20 ILCS 5/7.07b 32 20 ILCS 5/5-225........................20 ILCS 5/7.04 33 20 ILCS 5/5-230........................20 ILCS 5/7.09 34 20 ILCS 5/5-235........................20 ILCS 5/7.03 HB0236 Engrossed -734- LRB9100031DJcdA 1 20 ILCS 5/5-300........................20 ILCS 5/9 2 20 ILCS 5/5-305........................20 ILCS 5/9.01 3 20 ILCS 5/5-310........................20 ILCS 5/9.21 4 20 ILCS 5/5-315........................20 ILCS 5/9.02 5 20 ILCS 5/5-320........................20 ILCS 5/9.19 6 20 ILCS 5/5-325........................20 ILCS 5/9.16 7 20 ILCS 5/5-330........................20 ILCS 5/9.18 8 20 ILCS 5/5-335........................20 ILCS 5/9.11a 9 20 ILCS 5/5-340........................20 ILCS 5/9.30 10 20 ILCS 5/5-345........................20 ILCS 5/9.15 11 20 ILCS 5/5-350........................20 ILCS 5/9.24 12 20 ILCS 5/5-355........................20 ILCS 5/9.05a 13 20 ILCS 5/5-360........................20 ILCS 5/9.10 14 20 ILCS 5/5-365........................20 ILCS 5/9.03 15 20 ILCS 5/5-370........................20 ILCS 5/9.31 16 20 ILCS 5/5-375........................20 ILCS 5/9.09 17 20 ILCS 5/5-380........................20 ILCS 5/9.04 18 20 ILCS 5/5-385........................20 ILCS 5/9.25 19 20 ILCS 5/5-390........................20 ILCS 5/9.08 20 20 ILCS 5/5-395........................20 ILCS 5/9.17 21 20 ILCS 5/5-400........................20 ILCS 5/9.07 22 20 ILCS 5/5-405........................20 ILCS 5/9.12 23 20 ILCS 5/5-410........................20 ILCS 5/9.11 24 20 ILCS 5/5-415........................20 ILCS 5/9.05 25 20 ILCS 5/5-420........................20 ILCS 5/9.22 26 20 ILCS 5/5-500........................20 ILCS 5/6 27 20 ILCS 5/5-505........................20 ILCS 5/8 28 20 ILCS 5/5-510........................20 ILCS 5/8.1 29 20 ILCS 5/5-515........................20 ILCS 5/10 30 20 ILCS 5/5-520........................20 ILCS 5/6.27 31 20 ILCS 5/5-525........................20 ILCS 5/6.01 32 20 ILCS 5/5-530........................20 ILCS 5/6.01a 33 20 ILCS 5/5-535........................20 ILCS 5/6.15 34 20 ILCS 5/5-540........................20 ILCS 5/6.28 HB0236 Engrossed -735- LRB9100031DJcdA 1 and 5/7.01 2 20 ILCS 5/5-545........................20 ILCS 5/6.04 3 20 ILCS 5/5-550........................20 ILCS 5/6.23 4 20 ILCS 5/5-555........................20 ILCS 5/6.02 5 20 ILCS 5/5-560........................20 ILCS 5/6.08 6 20 ILCS 5/5-565........................20 ILCS 5/6.06 7 20 ILCS 5/5-570........................20 ILCS 5/6.02a 8 and 5/7.04a 9 20 ILCS 5/5-600........................20 ILCS 5/11 10 20 ILCS 5/5-605........................20 ILCS 5/12 11 20 ILCS 5/5-610........................20 ILCS 5/13 12 20 ILCS 5/5-615........................20 ILCS 5/14 13 20 ILCS 5/5-620........................20 ILCS 5/15 14 20 ILCS 5/5-625........................20 ILCS 5/16 15 20 ILCS 5/5-630........................20 ILCS 5/17 16 20 ILCS 5/5-635........................20 ILCS 5/18 17 20 ILCS 5/5-640........................20 ILCS 5/19 18 20 ILCS 5/5-645........................20 ILCS 5/20 19 20 ILCS 5/5-650........................20 ILCS 5/25 20 20 ILCS 5/5-655........................20 ILCS 5/26 21 20 ILCS 5/5-660........................20 ILCS 5/31 22 20 ILCS 5/5-675........................20 ILCS 5/51 23 20 ILCS 5/5-700........................20 ILCS 5/32 24 20 ILCS 5/5-705........................20 ILCS 5/33 25 15 ILCS 20/50-1........................new 26 15 ILCS 20/50-5........................15 ILCS 20/38 27 15 ILCS 20/50-10.......................15 ILCS 20/38.1 28 15 ILCS 20/50-15.......................15 ILCS 20/38.2 29 15 ILCS 20/50-20.......................15 ILCS 20/38.3 30 20 ILCS 110/110-1......................new 31 20 ILCS 110/110-5......................20 ILCS 110/69 32 20 ILCS 205/205-1......................new 33 20 ILCS 205/205-5......................new HB0236 Engrossed -736- LRB9100031DJcdA 1 20 ILCS 205/205-10.....................20 ILCS 205/40 2 20 ILCS 205/205-15.....................20 ILCS 205/40.7 3 and 205/40.8 4 20 ILCS 205/205-20.....................20 ILCS 205/40.7a 5 20 ILCS 205/205-25.....................20 ILCS 205/40.14 6 20 ILCS 205/205-27.....................20 ILCS 205/40.7b 7 20 ILCS 205/205-30.....................20 ILCS 205/40.9 8 20 ILCS 205/205-35.....................20 ILCS 205/40.10 9 20 ILCS 205/205-40.....................20 ILCS 205/40.31 10 20 ILCS 205/205-45.....................20 ILCS 205/40.36 11 20 ILCS 205/205-50.....................20 ILCS 205/40.40 12 20 ILCS 205/205-55.....................20 ILCS 205/40.27 13 20 ILCS 205/205-60.....................20 ILCS 205/40.35 14 20 ILCS 205/205-100....................20 ILCS 205/40.11 15 20 ILCS 205/205-105....................20 ILCS 205/40.24 16 20 ILCS 205/205-110....................20 ILCS 205/40.28 17 20 ILCS 205/205-115....................20 ILCS 205/40.38 18 20 ILCS 205/205-200....................20 ILCS 205/40.16 19 20 ILCS 205/205-205....................20 ILCS 205/40.13 20 20 ILCS 205/205-300....................20 ILCS 205/40.4 21 20 ILCS 205/205-305....................20 ILCS 205/40.12 22 20 ILCS 205/205-310....................20 ILCS 205/40.33 23 20 ILCS 205/205-315....................20 ILCS 205/40.17 24 20 ILCS 205/205-320....................20 ILCS 205/40.18 25 20 ILCS 205/205-325....................20 ILCS 205/40.19 26 20 ILCS 205/205-330....................20 ILCS 205/40.32 27 20 ILCS 205/205-335....................20 ILCS 205/40.21 28 20 ILCS 205/205-340....................20 ILCS 205/40.39 29 20 ILCS 205/205-345....................20 ILCS 205/40.6 30 20 ILCS 205/205-350....................20 ILCS 205/40.25 31 20 ILCS 205/205-355....................20 ILCS 205/40.26 32 20 ILCS 205/205-400....................20 ILCS 205/40.20 33 20 ILCS 205/205-405....................20 ILCS 205/40.22 34 20 ILCS 205/205-410....................20 ILCS 205/40.23 HB0236 Engrossed -737- LRB9100031DJcdA 1 20 ILCS 205/205-415....................20 ILCS 205/40.42 2 20 ILCS 205/205-420....................20 ILCS 205/40.15 3 20 ILCS 205/205-425....................20 ILCS 205/40.37 4 20 ILCS 205/205-430....................20 ILCS 205/40.34 5 5 ILCS 620/250-1.......................new 6 5 ILCS 620/250-5.......................5 ILCS 620/42 7 20 ILCS 310/310-1......................new 8 20 ILCS 310/310-5......................20 ILCS 5/9.29 9 20 ILCS 405/405-1......................new 10 20 ILCS 405/405-5......................20 ILCS 405/35.2 11 20 ILCS 405/405-10.....................20 ILCS 405/35.3 12 20 ILCS 405/405-15.....................20 ILCS 405/35.4 13 20 ILCS 405/405-20.....................20 ILCS 405/35.7 14 20 ILCS 405/405-25.....................20 ILCS 405/67.34 15 20 ILCS 405/405-30.....................20 ILCS 405/67.20 16 20 ILCS 405/405-100....................20 ILCS 405/64 17 20 ILCS 405/405-105....................20 ILCS 405/64.1 18 20 ILCS 405/405-110....................20 ILCS 405/64.2 19 20 ILCS 405/405-115....................20 ILCS 405/64.3 20 20 ILCS 405/405-120....................20 ILCS 405/67.29 21 20 ILCS 405/405-125....................20 ILCS 405/67.31 22 20 ILCS 405/405-130....................20 ILCS 405/67.28 23 20 ILCS 405/405-190....................20 ILCS 405/67.27 24 20 ILCS 405/405-200....................20 ILCS 405/67 25 20 ILCS 405/405-210....................20 ILCS 405/67.21 26 20 ILCS 405/405-215....................20 ILCS 405/67.22 27 20 ILCS 405/405-220....................20 ILCS 405/35.9 28 20 ILCS 405/405-225....................20 ILCS 405/67.09 29 20 ILCS 405/405-230....................20 ILCS 405/67.23 30 20 ILCS 405/405-240....................20 ILCS 405/67.05 31 20 ILCS 405/405-250....................20 ILCS 405/35.7a 32 20 ILCS 405/405-255....................20 ILCS 405/35.8 33 20 ILCS 405/405-260....................20 ILCS 405/35.7c HB0236 Engrossed -738- LRB9100031DJcdA 1 20 ILCS 405/405-265....................20 ILCS 405/67.08 2 20 ILCS 405/405-270....................20 ILCS 405/67.18 3 20 ILCS 405/405-275....................20 ILCS 405/67.33 4 20 ILCS 405/405-280....................20 ILCS 405/67.15 5 20 ILCS 405/405-285....................20 ILCS 405/67.16 6 20 ILCS 405/405-290....................20 ILCS 405/67.32 7 20 ILCS 405/405-295....................20 ILCS 405/67.30 8 20 ILCS 405/405-300....................20 ILCS 405/67.02 9 20 ILCS 405/405-305....................20 ILCS 405/67.06 10 20 ILCS 405/405-310....................20 ILCS 405/67.07 11 20 ILCS 405/405-315....................20 ILCS 405/67.24 12 20 ILCS 405/405-320....................20 ILCS 405/67.25 13 20 ILCS 405/405-325....................20 ILCS 405/67.26 14 20 ILCS 405/405-400....................20 ILCS 5/34.1 15 20 ILCS 405/405-500....................20 ILCS 405/67.35 16 20 ILCS 510/510-1......................new 17 20 ILCS 510/510-5......................new 18 20 ILCS 510/510-10.....................20 ILCS 510/65 19 20 ILCS 510/510-15.....................20 ILCS 510/65.1 20 20 ILCS 510/510-20.....................20 ILCS 510/65.4 21 20 ILCS 510/510-25.....................20 ILCS 510/65.5 22 20 ILCS 510/510-30.....................20 ILCS 510/65.6 23 20 ILCS 510/510-35.....................20 ILCS 510/65.7 24 20 ILCS 510/510-95.....................20 ILCS 510/65.3 25 20 ILCS 510/510-100....................20 ILCS 510/65.8 26 20 ILCS 510/510-200....................20 ILCS 510/65.2 27 20 ILCS 605/605-1......................new 28 20 ILCS 605/605-5......................20 ILCS 605/46.1, 29 in part 30 20 ILCS 605/605-10.....................20 ILCS 605/46.1, 31 in part 32 20 ILCS 605/605-15.....................20 ILCS 605/46.22 33 20 ILCS 605/605-20.....................20 ILCS 605/46.29 HB0236 Engrossed -739- LRB9100031DJcdA 1 20 ILCS 605/605-25.....................20 ILCS 605/46.30a 2 20 ILCS 605/605-30.....................20 ILCS 605/46.41 3 20 ILCS 605/605-35.....................20 ILCS 605/46.43 4 20 ILCS 605/605-40.....................20 ILCS 605/47.2 5 20 ILCS 605/605-50.....................20 ILCS 605/46.51 6 20 ILCS 605/605-55.....................20 ILCS 605/46.21 7 20 ILCS 605/605-65.....................20 ILCS 605/46.52 8 20 ILCS 605/605-75.....................20 ILCS 605/46.53 9 20 ILCS 605/605-85.....................20 ILCS 605/46.11 10 20 ILCS 605/605-95.....................20 ILCS 605/46.42 11 20 ILCS 605/605-100....................20 ILCS 605/46.33 12 20 ILCS 605/605-105....................20 ILCS 605/46.35 13 20 ILCS 605/605-110....................20 ILCS 605/46.34 14 20 ILCS 605/605-115....................20 ILCS 605/46.36 15 20 ILCS 605/605-200....................20 ILCS 605/46.7 16 20 ILCS 605/605-205....................20 ILCS 605/46.39 17 20 ILCS 605/605-210....................20 ILCS 605/46.9 18 20 ILCS 605/605-300....................20 ILCS 605/46.2 19 20 ILCS 605/605-305....................20 ILCS 605/46.44 20 20 ILCS 605/605-310....................20 ILCS 605/46.3 21 20 ILCS 605/605-315....................20 ILCS 605/46.17 22 20 ILCS 605/605-320....................20 ILCS 605/46.5 23 20 ILCS 605/605-325....................20 ILCS 605/46.19i 24 20 ILCS 605/605-328....................20 ILCS 605/47.3 25 20 ILCS 605/605-330....................20 ILCS 605/46.4 26 20 ILCS 605/605-335....................20 ILCS 605/46.4a 27 20 ILCS 605/605-340....................20 ILCS 605/46.54 28 20 ILCS 605/605-345....................20 ILCS 605/46.67 29 20 ILCS 605/605-350....................20 ILCS 605/46.12 30 20 ILCS 605/605-355....................20 ILCS 605/46.19a, 31 subsec. (2) 32 20 ILCS 605/605-360....................20 ILCS 605/46.19a, 33 subsec. (3) 34 20 ILCS 605/605-365....................20 ILCS 605/46.19a, HB0236 Engrossed -740- LRB9100031DJcdA 1 subsec. (4) 2 20 ILCS 605/605-370....................20 ILCS 605/46.28 3 20 ILCS 605/605-375....................20 ILCS 605/46.58 4 20 ILCS 605/605-380....................20 ILCS 605/46.60 5 20 ILCS 605/605-385....................20 ILCS 605/46.62 6 20 ILCS 605/605-400....................20 ILCS 605/46.19c 7 20 ILCS 605/605-405....................20 ILCS 605/46.5a 8 20 ILCS 605/605-410....................20 ILCS 605/46.19d 9 20 ILCS 605/605-415....................20 ILCS 605/46.19j 10 20 ILCS 605/605-450....................20 ILCS 605/46.19g 11 20 ILCS 605/605-490....................20 ILCS 605/46.10 12 20 ILCS 605/605-495....................20 ILCS 605/46.19 13 20 ILCS 605/605-500....................20 ILCS 605/46.13 14 20 ILCS 605/605-505....................20 ILCS 605/46.15 15 20 ILCS 605/605-510....................20 ILCS 605/46.19h 16 20 ILCS 605/605-515....................20 ILCS 605/46.13a 17 20 ILCS 605/605-520....................20 ILCS 605/46.63 18 20 ILCS 605/605-525....................20 ILCS 605/46.55 19 20 ILCS 605/605-575....................20 ILCS 605/46.69 20 20 ILCS 605/605-600....................20 ILCS 605/46.19f 21 20 ILCS 605/605-605....................20 ILCS 605/46.57 22 20 ILCS 605/605-610....................20 ILCS 605/46.14 23 20 ILCS 605/605-615....................20 ILCS 605/46.19e 24 20 ILCS 605/605-620....................20 ILCS 605/46.24 25 20 ILCS 605/605-625....................20 ILCS 605/46.25 26 20 ILCS 605/605-630....................20 ILCS 605/46.26 27 20 ILCS 605/605-675....................20 ILCS 605/46.66 28 20 ILCS 605/605-700....................20 ILCS 605/46.6 29 20 ILCS 605/605-705....................20 ILCS 605/46.6a 30 20 ILCS 605/605-710....................20 ILCS 605/46.6c 31 20 ILCS 605/605-715....................20 ILCS 605/46.59 32 20 ILCS 605/605-720....................20 ILCS 605/46.16 33 20 ILCS 605/605-800....................20 ILCS 605/46.19a, 34 subsec. (1) HB0236 Engrossed -741- LRB9100031DJcdA 1 20 ILCS 605/605-805....................20 ILCS 605/46.19a, 2 subsec. (5) 3 20 ILCS 605/605-810....................20 ILCS 605/46.19a, 4 subsec. (6) 5 20 ILCS 605/605-815....................20 ILCS 605/46.19a, 6 subsec. (7) 7 20 ILCS 605/605-820....................20 ILCS 605/46.49 8 20 ILCS 605/605-825....................20 ILCS 605/46.65 9 20 ILCS 605/605-850....................20 ILCS 605/46.32a, 10 subsec. (a) 11 20 ILCS 605/605-855....................20 ILCS 605/46.32a, 12 subsec. (b) 13 20 ILCS 605/605-860....................20 ILCS 605/46.32a, 14 subsec. (c) 15 20 ILCS 605/605-875....................20 ILCS 605/46.68 16 20 ILCS 605/605-900....................20 ILCS 605/46.6b 17 20 ILCS 605/605-905....................20 ILCS 605/46.41b 18 20 ILCS 605/605-910....................20 ILCS 605/46.56 19 20 ILCS 605/605-915....................20 ILCS 605/46.45 20 20 ILCS 605/605-920....................20 ILCS 605/46.47 21 20 ILCS 605/605-925....................20 ILCS 605/46.48 22 20 ILCS 605/605-930....................20 ILCS 605/46.27 23 20 ILCS 605/605-935....................20 ILCS 605/46.32 24 20 ILCS 605/605-940....................20 ILCS 605/46.37 25 20 ILCS 605/605-945....................20 ILCS 605/46.38 26 20 ILCS 605/605-950....................20 ILCS 605/46.38a 27 20 ILCS 605/605-990....................20 ILCS 605/46.37a 28 20 ILCS 605/605-995....................20 ILCS 605/46.40 29 20 ILCS 805/805-1......................new 30 20 ILCS 805/805-5......................new 31 20 ILCS 805/805-10.....................20 ILCS 805/63a 32 20 ILCS 805/805-15.....................20 ILCS 805/63a37 33 20 ILCS 805/805-25.....................20 ILCS 805/63b2.8 34 20 ILCS 805/805-30.....................20 ILCS 805/63a38 HB0236 Engrossed -742- LRB9100031DJcdA 1 20 ILCS 805/805-35.....................20 ILCS 805/63a40 2 20 ILCS 805/805-40.....................20 ILCS 805/63a41 3 20 ILCS 805/805-70.....................20 ILCS 805/63b2.9 4 20 ILCS 805/805-80.....................20 ILCS 805/63b1.2 5 20 ILCS 805/805-100....................20 ILCS 805/63a1 6 20 ILCS 805/805-105....................20 ILCS 805/63a2 7 20 ILCS 805/805-110....................20 ILCS 805/63a3 8 20 ILCS 805/805-115....................20 ILCS 805/63a4 9 20 ILCS 805/805-120....................20 ILCS 805/63a5 10 20 ILCS 805/805-125....................20 ILCS 805/63b1 11 20 ILCS 805/805-130....................20 ILCS 805/63a8 12 20 ILCS 805/805-200....................20 ILCS 805/63a13-1 13 20 ILCS 805/805-205....................20 ILCS 805/63a29 14 20 ILCS 805/805-210....................20 ILCS 805/63a33 15 20 ILCS 805/805-215....................20 ILCS 805/63a17 16 20 ILCS 805/805-220....................20 ILCS 805/63a34 17 20 ILCS 805/805-225....................20 ILCS 805/63a19 18 20 ILCS 805/805-230....................20 ILCS 805/63a18 19 20 ILCS 805/805-235....................20 ILCS 805/63a6 20 20 ILCS 805/805-240....................20 ILCS 805/63b 21 20 ILCS 805/805-245....................20 ILCS 805/63b2.1 22 20 ILCS 805/805-250....................20 ILCS 805/63a20 23 20 ILCS 805/805-255....................20 ILCS 805/63a10 24 20 ILCS 805/805-260....................20 ILCS 805/63a7 25 20 ILCS 805/805-265....................20 ILCS 805/63a39 26 20 ILCS 805/805-270....................20 ILCS 805/63a26 27 20 ILCS 805/805-275....................20 ILCS 805/63a27 28 20 ILCS 805/805-300....................20 ILCS 805/63a21 29 20 ILCS 805/805-305....................20 ILCS 805/63a23 30 20 ILCS 805/805-310....................20 ILCS 805/63a24 31 20 ILCS 805/805-315....................20 ILCS 805/63a21.2 32 20 ILCS 805/805-320....................20 ILCS 805/63a21.3 33 20 ILCS 805/805-325....................20 ILCS 805/63a25 34 20 ILCS 805/805-330....................20 ILCS 805/63a14 HB0236 Engrossed -743- LRB9100031DJcdA 1 20 ILCS 805/805-335....................20 ILCS 805/63a21.1 2 20 ILCS 805/805-400....................20 ILCS 805/63a22 3 20 ILCS 805/805-405....................20 ILCS 805/63a30 4 20 ILCS 805/805-410....................20 ILCS 805/63a32 5 20 ILCS 805/805-420....................20 ILCS 805/63a36 6 20 ILCS 805/805-425....................20 ILCS 805/63b2.3 7 20 ILCS 805/805-430....................20 ILCS 805/63b2.4 8 20 ILCS 805/805-435....................20 ILCS 805/63b2.5 9 20 ILCS 805/805-500....................20 ILCS 805/63a12 10 20 ILCS 805/805-505....................20 ILCS 805/63a31 11 20 ILCS 805/805-510....................20 ILCS 805/63a13 12 20 ILCS 805/805-515....................20 ILCS 805/63a28 13 20 ILCS 805/805-520....................20 ILCS 805/63a11 14 20 ILCS 805/805-525....................20 ILCS 805/63a15 15 20 ILCS 805/805-530....................20 ILCS 805/63a9 16 20 ILCS 805/805-535....................20 ILCS 805/63b2.2 17 20 ILCS 805/805-540....................20 ILCS 805/63b2.6 18 20 ILCS 1005/1005-1....................new 19 20 ILCS 1005/1005-5....................new 20 20 ILCS 1005/1005-10...................20 ILCS 1005/43a 21 20 ILCS 1005/1005-15...................20 ILCS 1005/43a.02 22 20 ILCS 1005/1005-20...................20 ILCS 1005/43a.04 23 20 ILCS 1005/1005-25...................20 ILCS 1005/43a.05 24 20 ILCS 1005/1005-30...................20 ILCS 1005/43a.03 25 20 ILCS 1005/1005-35...................20 ILCS 1005/43a.07 26 20 ILCS 1005/1005-40...................20 ILCS 1005/43a.08 27 20 ILCS 1005/1005-45...................20 ILCS 1005/43a.06 28 20 ILCS 1005/1005-50...................20 ILCS 1005/43a.11 29 20 ILCS 1005/1005-75...................20 ILCS 1005/43a.12 30 20 ILCS 1005/1005-100..................20 ILCS 1005/43a.01 31 20 ILCS 1005/1005-105..................20 ILCS 1005/43a.09 32 20 ILCS 1005/1005-110..................20 ILCS 1005/44a 33 20 ILCS 1005/1005-115..................20 ILCS 1005/43a.10 34 20 ILCS 1005/1005-120..................20 ILCS 1005/43a.13 HB0236 Engrossed -744- LRB9100031DJcdA 1 20 ILCS 1005/1005-130..................20 ILCS 1005/43a.14 2 20 ILCS 1005/1005-150..................20 ILCS 5/34.2 3 20 ILCS 1405/1405-1....................new 4 20 ILCS 1405/1405-5....................20 ILCS 1405/56 5 20 ILCS 1405/1405-10...................20 ILCS 1405/56.1 6 20 ILCS 1405/1405-15...................20 ILCS 1405/56.2 7 20 ILCS 1505/1505-1....................new 8 20 ILCS 1505/1505-5....................new 9 20 ILCS 1505/1505-10...................20 ILCS 1505/43 10 20 ILCS 1505/1505-15...................20 ILCS 1505/43.07 11 20 ILCS 1505/1505-20...................20 ILCS 1505/43.13 12 20 ILCS 1505/1505-25...................20 ILCS 1505/43.09 13 20 ILCS 1505/1505-30...................20 ILCS 1505/43.08 14 20 ILCS 1505/1505-35...................20 ILCS 1505/43.10 15 20 ILCS 1505/1505-40...................20 ILCS 1505/43.12 16 20 ILCS 1505/1505-45...................20 ILCS 1505/43.15a 17 20 ILCS 1505/1505-50...................20 ILCS 1505/43.16 18 20 ILCS 1505/1505-120..................20 ILCS 1505/43.17 19 20 ILCS 1505/1505-150..................20 ILCS 1505/43.20 20 20 ILCS 1505/1505-200..................20 ILCS 1505/43.21 21 20 ILCS 1710/1710-1....................new 22 20 ILCS 1710/1710-5....................new 23 20 ILCS 1710/1710-10...................20 ILCS 1710/53, 24 subsec. (a),in part 25 20 ILCS 1710/1710-15...................20 ILCS 1710/53, 26 subdiv. (a)1 27 20 ILCS 1710/1710-20...................20 ILCS 1710/53, 28 subdivs. (a)2 and (a)4 29 20 ILCS 1710/1710-25...................20 ILCS 1710/53, 30 subdiv. (a)3 31 20 ILCS 1710/1710-30...................20 ILCS 1710/53a 32 20 ILCS 1710/1710-50...................20 ILCS 1710/53, 33 subdiv. (a)5 HB0236 Engrossed -745- LRB9100031DJcdA 1 20 ILCS 1710/1710-75...................20 ILCS 1710/53, 2 subsec. (b) 3 20 ILCS 1710/1710-100..................20 ILCS 1710/53d 4 20 ILCS 1905/1905-1....................new 5 20 ILCS 1905/1905-5....................new 6 20 ILCS 1905/1905-10...................20 ILCS 1905/45, 7 in part 8 20 ILCS 1905/1905-15...................20 ILCS 1905/45, 9 par. 1 10 20 ILCS 1905/1905-20...................20 ILCS 1905/45, 11 par. 2 12 20 ILCS 1905/1905-25...................20 ILCS 1905/45, 13 par. 3 14 20 ILCS 1905/1905-30...................20 ILCS 1905/45, 15 par. 4 16 20 ILCS 1905/1905-35...................20 ILCS 1905/47 17 20 ILCS 1905/1905-40...................20 ILCS 1905/45, 18 par. 10 19 20 ILCS 1905/1905-45...................20 ILCS 1905/45, 20 par. 5 21 20 ILCS 1905/1905-50...................20 ILCS 1905/45, 22 pars. 7 and 8 23 20 ILCS 1905/1905-75...................20 ILCS 1905/46 24 20 ILCS 1905/1905-90...................20 ILCS 1905/45, 25 in part 26 20 ILCS 1905/1905-100..................20 ILCS 1905/45, 27 par. 9 28 20 ILCS 1905/1905-105..................20 ILCS 1905/45.2 29 20 ILCS 1905/1905-110..................20 ILCS 1905/45.1 30 20 ILCS 1905/1905-150..................20 ILCS 1905/45, 31 in part 32 20 ILCS 1905/1905-200..................20 ILCS 1905/45, 33 par. 6 HB0236 Engrossed -746- LRB9100031DJcdA 1 20 ILCS 2005/2005-1....................new 2 20 ILCS 2005/2005-5....................new 3 20 ILCS 2005/2005-10...................20 ILCS 2005/71, 4 subsec. A 5 20 ILCS 2005/2005-15...................20 ILCS 2005/71, 6 subsec. B 7 20 ILCS 2005/2005-20...................20 ILCS 2005/71, 8 subsec. H 9 20 ILCS 2005/2005-25...................20 ILCS 2005/71, 10 subsec. E 11 20 ILCS 2005/2005-30...................20 ILCS 2005/72 12 20 ILCS 2005/2005-35...................20 ILCS 2005/71, 13 subsec. C 14 20 ILCS 2005/2005-40...................20 ILCS 2005/71, 15 subsec. D 16 20 ILCS 2005/2005-45...................20 ILCS 2005/71, 17 subsec. K 18 20 ILCS 2005/2005-50...................20 ILCS 2005/71, 19 subsec. J 20 20 ILCS 2005/2005-55...................20 ILCS 2005/71, 21 subsec. L 22 20 ILCS 2005/2005-60...................20 ILCS 2005/71, 23 subsec. M 24 20 ILCS 2005/2005-65...................20 ILCS 2005/71, 25 subsec. F 26 20 ILCS 2005/2005-70...................20 ILCS 2005/71, 27 subsec. G 28 20 ILCS 2005/2005-75...................20 ILCS 2005/71, 29 subsec. I 30 20 ILCS 2005/2005-80...................20 ILCS 2005/71, 31 subsec. N 32 20 ILCS 2005/2005-85...................20 ILCS 2005/71, 33 subsec. O 34 20 ILCS 2105/2105-1....................new HB0236 Engrossed -747- LRB9100031DJcdA 1 20 ILCS 2105/2105-5....................20 ILCS 2105/60b 2 20 ILCS 2105/2105-10...................20 ILCS 2105/61d 3 20 ILCS 2105/2105-15...................20 ILCS 2105/60 4 20 ILCS 2105/2105-25...................20 ILCS 2105/60.01 5 20 ILCS 2105/2105-40...................20 ILCS 2105/61 6 20 ILCS 2105/2105-55...................20 ILCS 2105/61c 7 20 ILCS 2105/2105-75...................20 ILCS 2105/61f 8 (formerly 110 ILCS 9 355/62.1; revised 10 10-28-98) 11 20 ILCS 2105/2105-100..................20 ILCS 2105/60c 12 20 ILCS 2105/2105-105..................20 ILCS 2105/60d 13 20 ILCS 2105/2105-110..................20 ILCS 2105/60e 14 20 ILCS 2105/2105-115..................20 ILCS 2105/60f 15 20 ILCS 2105/2105-120..................20 ILCS 2105/60g 16 20 ILCS 2105/2105-125..................20 ILCS 2105/60h 17 20 ILCS 2105/2105-150..................20 ILCS 2105/60m 18 20 ILCS 2105/2105-155..................20 ILCS 2105/60n 19 20 ILCS 2105/2105-175..................20 ILCS 2105/60a, 20 in part 21 20 ILCS 2105/2105-200..................20 ILCS 2105/60.1 22 20 ILCS 2105/2105-205..................20 ILCS 2105/60.3 23 20 ILCS 2105/2105-210..................20 ILCS 2105/60.2 24 20 ILCS 2105/2105-215..................20 ILCS 2105/61a 25 20 ILCS 2105/2105-220..................20 ILCS 2105/61b 26 20 ILCS 2105/2105-300..................20 ILCS 2105/61e 27 20 ILCS 2105/2105-325..................20 ILCS 2105/60a, 28 in part 29 20 ILCS 2205/2205-1....................new 30 20 ILCS 2205/2205-5....................20 ILCS 2205/48a 31 20 ILCS 2205/2205-10...................20 ILCS 2205/48b 32 20 ILCS 2310/2310-1....................new 33 20 ILCS 2310/2310-5....................new HB0236 Engrossed -748- LRB9100031DJcdA 1 20 ILCS 2310/2310-10...................20 ILCS 2310/55 2 20 ILCS 2310/2310-15...................20 ILCS 2310/55.02 3 20 ILCS 2310/2310-20...................20 ILCS 2310/55.17 4 20 ILCS 2310/2310-25...................20 ILCS 2310/55.05 5 20 ILCS 2310/2310-30...................20 ILCS 2310/55.12 6 20 ILCS 2310/2310-35...................20 ILCS 2310/55.27 7 20 ILCS 2310/2310-40...................20 ILCS 2310/55.28 8 20 ILCS 2310/2310-45...................20 ILCS 2310/55.29 9 20 ILCS 2310/2310-50...................20 ILCS 2310/55.19 10 20 ILCS 2310/2310-55...................20 ILCS 2310/55.14 11 20 ILCS 2310/2310-60...................20 ILCS 2310/55.22 12 20 ILCS 2310/2310-65...................20 ILCS 2310/55.26 13 20 ILCS 2310/2310-75...................20 ILCS 2310/55.38 14 20 ILCS 2310/2310-80...................20 ILCS 2310/55.89 15 20 ILCS 2310/2310-90...................20 ILCS 2310/55.09 16 20 ILCS 2310/2310-100..................20 ILCS 2310/55.16 17 20 ILCS 2310/2310-105..................20 ILCS 2310/55.18 18 20 ILCS 2310/2310-110..................20 ILCS 2310/55.25 19 20 ILCS 2310/2310-130..................20 ILCS 2310/55.82 20 20 ILCS 2310/2310-135..................20 ILCS 2310/55.37 21 20 ILCS 2310/2310-140..................20 ILCS 2310/55.37a 22 20 ILCS 2310/2310-155..................20 ILCS 2310/55.24 23 20 ILCS 2310/2310-170..................20 ILCS 2310/55.30 24 20 ILCS 2310/2310-185..................20 ILCS 2310/55.51 25 20 ILCS 2310/2310-195..................20 ILCS 2310/55.39 26 20 ILCS 2310/2310-200..................20 ILCS 2310/55.53 27 20 ILCS 2310/2310-205..................20 ILCS 2310/55.57 28 20 ILCS 2310/2310-210..................20 ILCS 2310/55.62a 29 20 ILCS 2310/2310-215..................20 ILCS 2310/55.62 30 20 ILCS 2310/2310-220..................20 ILCS 2310/55.73 31 20 ILCS 2310/2310-225..................20 ILCS 2310/55.58 32 20 ILCS 2310/2310-230..................20 ILCS 2310/55.67 33 20 ILCS 2310/2310-235..................20 ILCS 2310/55.63 34 20 ILCS 2310/2310-250..................20 ILCS 2310/55.13 HB0236 Engrossed -749- LRB9100031DJcdA 1 20 ILCS 2310/2310-255..................20 ILCS 2310/55.75 2 20 ILCS 2310/2310-275..................20 ILCS 2310/55.61 3 20 ILCS 2310/2310-300..................20 ILCS 2310/55.78 4 20 ILCS 2310/2310-305..................20 ILCS 2310/55.64 5 20 ILCS 2310/2310-310..................20 ILCS 2310/55.79 6 20 ILCS 2310/2310-315..................20 ILCS 2310/55.41 7 20 ILCS 2310/2310-320..................20 ILCS 2310/55.56 8 20 ILCS 2310/2310-325..................20 ILCS 2310/55.45 9 20 ILCS 2310/2310-330..................20 ILCS 2310/55.46 10 20 ILCS 2310/2310-335..................20 ILCS 2310/55.43 11 20 ILCS 2310/2310-340..................20 ILCS 2310/55.68 12 20 ILCS 2310/2310-345..................20 ILCS 2310/55.49 13 20 ILCS 2310/2310-350..................20 ILCS 2310/55.70 14 20 ILCS 2310/2310-352..................20 ILCS 2310/55.86 15 20 ILCS 2310/2310-355..................20 ILCS 2310/55.23 16 20 ILCS 2310/2310-360..................20 ILCS 2310/55.80 17 20 ILCS 2310/2310-365..................20 ILCS 2310/55.31b 18 20 ILCS 2310/2310-370..................20 ILCS 2310/55.76 19 20 ILCS 2310/2310-375..................20 ILCS 2310/55.36 20 20 ILCS 2310/2310-380..................20 ILCS 2310/55.52 21 20 ILCS 2310/2310-385..................20 ILCS 2310/55.31a 22 20 ILCS 2310/2310-390..................20 ILCS 2310/55.65 23 20 ILCS 2310/2310-392..................20 ILCS 2310/55.85 24 20 ILCS 2310/2310-395..................20 ILCS 2310/55.72 25 20 ILCS 2310/2310-397..................20 ILCS 2310/55.90 26 20 ILCS 2310/2310-400..................20 ILCS 2310/55.83 27 20 ILCS 2310/2310-405..................20 ILCS 2310/55.55 28 20 ILCS 2310/2310-410..................20 ILCS 2310/55.42 29 20 ILCS 2310/2310-415..................20 ILCS 2310/55.81 30 20 ILCS 2310/2310-420..................20 ILCS 2310/55.74 31 20 ILCS 2310/2310-425..................20 ILCS 2310/55.66 32 20 ILCS 2310/2310-430..................20 ILCS 2310/55.69 33 20 ILCS 2310/2310-435..................20 ILCS 2310/55.44 34 20 ILCS 2310/2310-440..................20 ILCS 2310/55.54 HB0236 Engrossed -750- LRB9100031DJcdA 1 20 ILCS 2310/2310-442..................20 ILCS 2310/55.84 2 20 ILCS 2310/2310-445..................20 ILCS 2310/55.71 3 20 ILCS 2310/2310-500..................20 ILCS 2310/55.07 4 20 ILCS 2310/2310-505..................20 ILCS 2310/55.08 5 20 ILCS 2310/2310-510..................20 ILCS 2310/55.15 6 20 ILCS 2310/2310-530..................20 ILCS 2310/55.04 7 20 ILCS 2310/2310-535..................20 ILCS 2310/55.21 8 20 ILCS 2310/2310-540..................20 ILCS 2310/55.31 9 20 ILCS 2310/2310-545..................20 ILCS 2310/55.20 10 20 ILCS 2310/2310-550..................20 ILCS 2310/55.40 11 20 ILCS 2310/2310-555..................20 ILCS 2310/55.06 12 20 ILCS 2310/2310-560..................20 ILCS 2310/55.87 13 20 ILCS 2310/2310-565..................20 ILCS 2310/55.88 14 20 ILCS 2310/2310-575..................20 ILCS 2310/55.10 15 20 ILCS 2310/2310-580..................20 ILCS 2310/55.11 16 20 ILCS 2505/2505-1....................new 17 20 ILCS 2505/2505-5....................new 18 20 ILCS 2505/2505-10...................20 ILCS 2505/39b 19 20 ILCS 2505/2505-15...................20 ILCS 2505/39b1 20 20 ILCS 2505/2505-20...................20 ILCS 2505/39b2 21 20 ILCS 2505/2505-25...................20 ILCS 2505/39b3 22 20 ILCS 2505/2505-30...................20 ILCS 2505/39b4 23 20 ILCS 2505/2505-35...................20 ILCS 2505/39b5 24 20 ILCS 2505/2505-40...................20 ILCS 2505/39b6 25 20 ILCS 2505/2505-45...................20 ILCS 2505/39b7 26 20 ILCS 2505/2505-60...................20 ILCS 2505/39b10 27 20 ILCS 2505/2505-65...................20 ILCS 2505/39b12 28 20 ILCS 2505/2505-70...................20 ILCS 2505/39b24 29 20 ILCS 2505/2505-80...................20 ILCS 2505/39b26 30 20 ILCS 2505/2505-85...................20 ILCS 2505/39b27 31 20 ILCS 2505/2505-90...................20 ILCS 2505/39b28 32 20 ILCS 2505/2505-95...................20 ILCS 2505/39b29 33 20 ILCS 2505/2505-100..................20 ILCS 2505/39b30 34 20 ILCS 2505/2505-105..................20 ILCS 2505/39b31 HB0236 Engrossed -751- LRB9100031DJcdA 1 20 ILCS 2505/2505-175..................20 ILCS 2505/39c-2 2 20 ILCS 2505/2505-190..................20 ILCS 2505/39c-4 3 20 ILCS 2505/2505-200..................20 ILCS 2505/39c-1a 4 20 ILCS 2505/2505-205..................20 ILCS 2505/39c-1b 5 20 ILCS 2505/2505-210..................20 ILCS 2505/39c-1 6 20 ILCS 2505/2505-215..................20 ILCS 2505/39c-3 7 20 ILCS 2505/2505-250..................20 ILCS 2505/39c 8 20 ILCS 2505/2505-275..................20 ILCS 2505/39e 9 20 ILCS 2505/2505-300..................20 ILCS 2505/39b15 10 20 ILCS 2505/2505-305..................20 ILCS 2505/39b15.1 11 20 ILCS 2505/2505-310..................20 ILCS 2505/39b15.2 12 20 ILCS 2505/2505-315..................20 ILCS 2505/39b16 13 20 ILCS 2505/2505-320..................20 ILCS 2505/39b17 14 20 ILCS 2505/2505-340..................20 ILCS 2505/39b35.1 15 20 ILCS 2505/2505-360..................20 ILCS 2505/39b48 16 20 ILCS 2505/2505-380..................20 ILCS 2505/39b47 17 20 ILCS 2505/2505-400..................20 ILCS 2505/39b49 18 20 ILCS 2505/2505-405..................20 ILCS 2505/39c-1c 19 20 ILCS 2505/2505-425..................20 ILCS 2505/39b54 20 20 ILCS 2505/2505-450..................20 ILCS 2505/39b18 21 20 ILCS 2505/2505-475..................20 ILCS 2505/39b32 22 20 ILCS 2505/2505-500..................20 ILCS 2505/39b11 23 20 ILCS 2505/2505-505..................20 ILCS 2505/39b20 24 20 ILCS 2505/2505-510..................20 ILCS 2505/39b20.1 25 20 ILCS 2505/2505-550..................20 ILCS 2505/39b51 26 20 ILCS 2505/2505-575..................20 ILCS 2505/39b53 27 20 ILCS 2505/2505-600..................20 ILCS 2505/39b21 28 20 ILCS 2505/2505-605..................20 ILCS 2505/39b22 29 20 ILCS 2505/2505-625..................20 ILCS 2505/39b35 30 20 ILCS 2505/2505-630..................20 ILCS 2505/39b36 31 20 ILCS 2505/2505-650..................20 ILCS 2505/39b52 32 20 ILCS 2505/2505-675..................20 ILCS 2505/39b50 33 20 ILCS 2505/2505-700..................20 ILCS 2505/39b13 34 20 ILCS 2505/2505-705..................20 ILCS 2505/39b14 HB0236 Engrossed -752- LRB9100031DJcdA 1 20 ILCS 2505/2505-730..................20 ILCS 2505/39b23 2 20 ILCS 2505/2505-790..................20 ILCS 2505/39b33 3 20 ILCS 2505/2505-795..................20 ILCS 2505/39b19 4 20 ILCS 2605/2605-1....................new 5 20 ILCS 2605/2605-5....................new 6 20 ILCS 2605/2605-10...................20 ILCS 2605/55a, 7 subsec. (A), in part 8 20 ILCS 2605/2605-15...................20 ILCS 2605/55a, 9 subdiv. (A)26 10 20 ILCS 2605/2605-25...................20 ILCS 2605/55a-1 11 20 ILCS 2605/2605-30...................20 ILCS 2605/55a-2 12 20 ILCS 2605/2605-35...................20 ILCS 2605/55a-3 13 20 ILCS 2605/2605-40...................20 ILCS 2605/55a-4 14 20 ILCS 2605/2605-45...................20 ILCS 2605/55a-5 15 20 ILCS 2605/2605-50...................20 ILCS 2605/55a-6 16 20 ILCS 2605/2605-75...................20 ILCS 2605/55a, 17 subsec. (C) 18 20 ILCS 2605/2605-100..................20 ILCS 2605/55a, 19 subdiv. (A)1 20 20 ILCS 2605/2605-105..................20 ILCS 2605/55a, 21 subdiv. (A)2 22 20 ILCS 2605/2605-110..................20 ILCS 2605/55a, 23 subdiv. (A)3 24 20 ILCS 2605/2605-115..................20 ILCS 2605/55a, 25 subdiv. (A)9 26 20 ILCS 2605/2605-120..................20 ILCS 2605/55a, 27 subdiv. (A)10 28 20 ILCS 2605/2605-130..................20 ILCS 2605/55a, 29 subdiv. (A)23 30 20 ILCS 2605/2605-135..................20 ILCS 2605/55c 31 20 ILCS 2605/2605-140..................20 ILCS 2605/55a, 32 subdiv. (A)8 33 20 ILCS 2605/2605-190..................20 ILCS 2605/55a, 34 subdiv. (A)11 HB0236 Engrossed -753- LRB9100031DJcdA 1 20 ILCS 2605/2605-200..................20 ILCS 2605/55a, 2 subdiv. (A)4 3 20 ILCS 2605/2605-205..................20 ILCS 2605/55a, 4 subdiv. (A)17 5 20 ILCS 2605/2605-210..................20 ILCS 2605/55a, 6 subdiv. (A)29 7 20 ILCS 2605/2605-215..................20 ILCS 2605/55a, 8 subdiv. (A)14 9 20 ILCS 2605/2605-220..................20 ILCS 2605/55a-7 10 20 ILCS 2605/2605-250..................20 ILCS 2605/55a, 11 subdiv. (A)15 12 20 ILCS 2605/2605-275..................20 ILCS 2605/55a, 13 subdiv. (A)30 14 20 ILCS 2605/2605-300..................20 ILCS 2605/55a, 15 subdiv. (A)5 16 20 ILCS 2605/2605-305..................20 ILCS 2605/55a, 17 subsec. (B) 18 20 ILCS 2605/2605-315..................20 ILCS 2605/55a, 19 subdiv. (A)34 20 20 ILCS 2605/2605-320..................20 ILCS 2605/55a, 21 subdiv. (A)36 22 20 ILCS 2605/2605-325..................20 ILCS 2605/55a, 23 subdiv. (A)25 24 20 ILCS 2605/2605-335..................20 ILCS 2605/55a, 25 subdiv. (A)28 26 20 ILCS 2605/2605-340..................20 ILCS 2605/55a, 27 subdiv. (A)32 28 20 ILCS 2605/2605-350..................20 ILCS 2605/55a, 29 subdiv. (A)18 30 20 ILCS 2605/2605-355..................20 ILCS 2605/55a, 31 subdiv. (A)19 32 20 ILCS 2605/2605-360..................20 ILCS 2605/55a, 33 subdiv. (A)20 34 20 ILCS 2605/2605-365..................20 ILCS 2605/55a, HB0236 Engrossed -754- LRB9100031DJcdA 1 subdiv. (A)21 2 20 ILCS 2605/2605-375..................20 ILCS 2605/55a, 3 subdiv. (A)24 4 20 ILCS 2605/2605-377..................20 ILCS 2605/55a, 5 subdiv. (A)35 6 20 ILCS 2605/2605-380..................20 ILCS 2605/55a-8 7 20 ILCS 2605/2605-390..................20 ILCS 2605/55a, 8 subdiv. (A)31 9 20 ILCS 2605/2605-400..................20 ILCS 2605/55a, 10 subdiv. (A)22 11 20 ILCS 2605/2605-405..................20 ILCS 2605/55a, 12 subdiv. (A)33 13 20 ILCS 2605/2605-420..................20 ILCS 2605/55a, 14 subdiv. (A)16 15 20 ILCS 2605/2605-430..................20 ILCS 2605/55a, 16 subdiv. (A)7 17 20 ILCS 2605/2605-435..................20 ILCS 2605/55a, 18 subdiv. (A)27 19 20 ILCS 2605/2605-500..................20 ILCS 2605/55a, 20 subdiv. (A)6 21 20 ILCS 2605/2605-505..................20 ILCS 2605/55b 22 20 ILCS 2605/2605-525..................20 ILCS 2605/55a, 23 subdiv. (A)13 24 20 ILCS 2605/2605-550..................20 ILCS 2605/55a, 25 subdiv. (A)12 26 20 ILCS 2705/2705-1....................new 27 20 ILCS 2705/2705-5....................new 28 20 ILCS 2705/2705-10...................20 ILCS 2705/49, 29 in part 30 20 ILCS 2705/2705-15...................20 ILCS 2705/49, 31 in part, and 2705/49.23 32 20 ILCS 2705/2705-90...................20 ILCS 2705/49.31 33 20 ILCS 2705/2705-100..................20 ILCS 2705/49.01a 34 20 ILCS 2705/2705-105..................20 ILCS 2705/49.06a HB0236 Engrossed -755- LRB9100031DJcdA 1 20 ILCS 2705/2705-110..................20 ILCS 2705/49.07a 2 20 ILCS 2705/2705-115..................20 ILCS 2705/49.08a 3 20 ILCS 2705/2705-120..................20 ILCS 2705/49.11 4 20 ILCS 2705/2705-125..................20 ILCS 2705/49.22 5 20 ILCS 2705/2705-175..................20 ILCS 2705/49.24 6 20 ILCS 2705/2705-200..................20 ILCS 2705/49.16 7 20 ILCS 2705/2705-205..................20 ILCS 2705/49.21 8 20 ILCS 2705/2705-210..................20 ILCS 2705/49.15 9 20 ILCS 2705/2705-215..................20 ILCS 2705/49.27 10 20 ILCS 2705/2705-225..................20 ILCS 2705/49.02a 11 20 ILCS 2705/2705-240..................20 ILCS 2705/49.17 12 20 ILCS 2705/2705-245..................20 ILCS 2705/49.20 13 20 ILCS 2705/2705-255..................20 ILCS 2705/49.14 14 20 ILCS 2705/2705-265..................20 ILCS 2705/49.33 15 20 ILCS 2705/2705-275..................20 ILCS 2705/49.25j 16 20 ILCS 2705/2705-285..................20 ILCS 2705/49.06b 17 20 ILCS 2705/2705-300..................20 ILCS 2705/49.18 18 20 ILCS 2705/2705-305..................20 ILCS 2705/49.19 19 20 ILCS 2705/2705-310..................20 ILCS 2705/49.19a 20 20 ILCS 2705/2705-315..................20 ILCS 2705/49.19b 21 20 ILCS 2705/2705-350..................20 ILCS 2705/49.26 22 20 ILCS 2705/2705-375..................20 ILCS 2705/49.34 23 20 ILCS 2705/2705-400..................20 ILCS 2705/49.25a 24 20 ILCS 2705/2705-405..................20 ILCS 2705/49.25b 25 20 ILCS 2705/2705-410..................20 ILCS 2705/49.25c 26 20 ILCS 2705/2705-415..................20 ILCS 2705/49.25d 27 20 ILCS 2705/2705-420..................20 ILCS 2705/49.25e 28 20 ILCS 2705/2705-425..................20 ILCS 2705/49.25f 29 20 ILCS 2705/2705-430..................20 ILCS 2705/49.25g 30 20 ILCS 2705/2705-435..................20 ILCS 2705/49.25g-1 31 20 ILCS 2705/2705-440..................20 ILCS 2705/49.25h 32 20 ILCS 2705/2705-445..................20 ILCS 2705/49.25i 33 20 ILCS 2705/2705-450..................20 ILCS 2705/49.25h-1 34 20 ILCS 2705/2705-500..................20 ILCS 2705/49.29 HB0236 Engrossed -756- LRB9100031DJcdA 1 20 ILCS 2705/2705-505..................20 ILCS 2705/49.30 2 20 ILCS 2705/2705-510..................20 ILCS 2705/49.15a 3 20 ILCS 2705/2705-550..................20 ILCS 2705/49.12 4 20 ILCS 2705/2705-575..................20 ILCS 2705/49.28 5 110 ILCS 355/3000-1....................new 6 110 ILCS 355/3000-5....................110 ILCS 355/62 7 ARTICLE 99. EFFECTIVE DATE 8 Section 99-5. Effective date. This Act takes effect 9 January 1, 2000.