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91_SB0351
LRB9102715DHmg
1 AN ACT to amend the Intergovernmental Cooperation Act by
2 changing Section 3.
3 WHEREAS, It is the intent of the General Assembly that
4 governmental entities join together to create
5 intergovernmental agencies in order to combine their efforts
6 and resources so that the agencies may more fully safeguard
7 the lives, persons, and property of all citizens of the State
8 of Illinois; and
9 WHEREAS, It is the intent of the General Assembly that
10 when public agencies create an intergovernmental agency, that
11 agency does not constitute a separate suable entity;
12 therefore
13 Be it enacted by the People of the State of Illinois,
14 represented in the General Assembly:
15 Section 5. The Intergovernmental Cooperation Act is
16 amended by changing Section 3 as follows:
17 (5 ILCS 220/3) (from Ch. 127, par. 743)
18 Sec. 3. Intergovernmental agreements. Any power or
19 powers, privileges or authority exercised or which may be
20 exercised by a public agency of this State may be exercised
21 and enjoyed jointly with any other public agency of this
22 State and jointly with any public agency of any other state
23 or of the United States to the extent that laws of such other
24 state or of the United States do not prohibit joint exercise
25 or enjoyment. This includes, but is not limited to, (i)
26 arrangements between the Illinois Student Assistance
27 Commission and agencies in other states which issue
28 professional licenses; and (ii) agreements between the
29 Illinois Department of Public Aid and public agencies for the
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1 establishment and enforcement of child support orders and for
2 the exchange of information that may be necessary for the
3 enforcement of those child support orders.
4 It is not intended that agencies created under this
5 Section become separate suable entities. Further, this Act
6 does not contemplate that an agency created under this
7 Section becomes a separate suable entity. It is not the
8 intention of this Act to create additional liability exposure
9 for the individual agencies participating in the agreement.
10 (Source: P.A. 89-6, eff. 3-6-95; 90-18, eff. 7-1-97.)