[ Search ] [ Legislation ]
[ Home ] [ Back ] [ Bottom ]
| [ Engrossed ] |
91_SB1591
LRB9111045EGfg
1 AN ACT to revise the law by combining multiple enactments
2 and making technical corrections.
3 Be it enacted by the People of the State of Illinois,
4 represented in the General Assembly:
5 Section 1. Nature of this Act.
6 (a) This Act may be cited as the First 2000 General
7 Revisory Act.
8 (b) This Act is not intended to make any substantive
9 change in the law. It reconciles conflicts that have arisen
10 from multiple amendments and enactments and makes technical
11 corrections and revisions in the law.
12 This Act revises and, where appropriate, renumbers
13 certain Sections that have been added or amended by more than
14 one Public Act. In certain cases in which a repealed Act or
15 Section has been replaced with a successor law, this Act
16 incorporates amendments to the repealed Act or Section into
17 the successor law. This Act also corrects errors, revises
18 cross-references, and deletes obsolete text.
19 (c) In this Act, the reference at the end of each
20 amended Section indicates the sources in the Session Laws of
21 Illinois that were used in the preparation of the text of
22 that Section. The text of the Section included in this Act
23 is intended to reconcile the different versions of the
24 Section found in the Public Acts included in the list of
25 sources, but may not include other versions of the Section to
26 be found in Public Acts not included in the list of sources.
27 The list of sources is not a part of the text of the Section.
28 (d) Public Acts 91-001 through 91-677 were considered in
29 the preparation of the combining revisories included in this
30 Act. Many of those combining revisories contain no striking
31 or underscoring because no additional changes are being made
32 in the material that is being combined.
-2- LRB9111045EGfg
1 Section 5. The Regulatory Sunset Act is amended by
2 changing Sections 4.10 and 4.20 as follows:
3 (5 ILCS 80/4.10) (from Ch. 127, par. 1904.10)
4 Sec. 4.10. The following Acts are repealed December 31,
5 1999:
6 The Fire Equipment Distributor and Employee Regulation
7 Act.
8 The Land Sales Registration Act of 1989.
9 (Source: P.A. 91-91, eff. 7-9-99; 91-92, eff. 7-9-99; 91-132,
10 eff. 7-16-99; 91-133, eff. 7-16-99; 91-245, eff. 12-31-99;
11 91-255, eff. 12-30-99; revised 11-9-99.)
12 (5 ILCS 80/4.20)
13 Sec. 4.20. Acts Act repealed on January 1, 2010 December
14 31, 2009. The following Acts are Act is repealed on January
15 1, 2010 December 31, 2009:
16 The Auction License Act.
17 The Illinois Architecture Practice Act of 1989.
18 The Illinois Landscape Architecture Act of 1989.
19 The Illinois Professional Land Surveyor Act of 1989.
20 The Land Sales Registration Act of 1999.
21 The Illinois Orthotics, Prosthetics, and Pedorthics
22 Practice Act.
23 The Perfusionist Practice Act.
24 The Professional Engineering Practice Act of 1989.
25 The Real Estate License Act of 2000.
26 The Structural Engineering Practice Act of 1989.
27 (Source: P.A. 91-91, eff. 7-9-99; 91-92, eff. 7-9-99; 91-132,
28 eff. 7-16-99; 91-133, eff. 7-16-99; 91-245, eff. 12-31-99;
29 91-255, eff. 12-30-99; 91-338, eff. 12-30-99; 91-580, eff.
30 1-1-00; 91-590, eff. 1-1-00; 91-603, eff. 1-1-00; revised
31 12-10-99.)
-3- LRB9111045EGfg
1 Section 6. The Open Meetings Act is amended by changing
2 Section 1.02 as follows:
3 (5 ILCS 120/1.02) (from Ch. 102, par. 41.02)
4 Sec. 1.02. For the purposes of this Act:
5 "Meeting" means any gathering of a majority of a quorum
6 of the members commissioners of a public body held for the
7 purpose of discussing public business.
8 "Public body" includes all legislative, executive,
9 administrative or advisory bodies of the State, counties,
10 townships, cities, villages, incorporated towns, school
11 districts and all other municipal corporations, boards,
12 bureaus, committees or commissions of this State, and any
13 subsidiary bodies of any of the foregoing including but not
14 limited to committees and subcommittees which are supported
15 in whole or in part by tax revenue, or which expend tax
16 revenue, except the General Assembly and committees or
17 commissions thereof. "Public body" includes tourism boards
18 and convention or civic center boards located in counties
19 that are contiguous to the Mississippi River with populations
20 of more than 250,000 but less than 300,000. "Public body"
21 does not include a child death review team established under
22 the Child Death Review Team Act or an ethics commission,
23 ethics officer, or ultimate jurisdictional authority acting
24 under the State Gift Ban Act as provided by Section 80 of
25 that Act.
26 (Source: P.A. 90-517, eff. 8-22-97; 90-737, eff. 1-1-99;
27 revised 11-8-99.)
28 Section 7. The Freedom of Information Act is amended by
29 changing Section 7 as follows:
30 (5 ILCS 140/7) (from Ch. 116, par. 207)
31 Sec. 7. Exemptions.
-4- LRB9111045EGfg
1 (1) The following shall be exempt from inspection and
2 copying:
3 (a) Information specifically prohibited from
4 disclosure by federal or State law or rules and
5 regulations adopted under federal or State law.
6 (b) Information that, if disclosed, would
7 constitute a clearly unwarranted invasion of personal
8 privacy, unless the disclosure is consented to in writing
9 by the individual subjects of the information. The
10 disclosure of information that bears on the public duties
11 of public employees and officials shall not be considered
12 an invasion of personal privacy. Information exempted
13 under this subsection (b) shall include but is not
14 limited to:
15 (i) files and personal information maintained
16 with respect to clients, patients, residents,
17 students or other individuals receiving social,
18 medical, educational, vocational, financial,
19 supervisory or custodial care or services directly
20 or indirectly from federal agencies or public
21 bodies;
22 (ii) personnel files and personal information
23 maintained with respect to employees, appointees or
24 elected officials of any public body or applicants
25 for those positions;
26 (iii) files and personal information
27 maintained with respect to any applicant, registrant
28 or licensee by any public body cooperating with or
29 engaged in professional or occupational
30 registration, licensure or discipline;
31 (iv) information required of any taxpayer in
32 connection with the assessment or collection of any
33 tax unless disclosure is otherwise required by State
34 statute; and
-5- LRB9111045EGfg
1 (v) information revealing the identity of
2 persons who file complaints with or provide
3 information to administrative, investigative, law
4 enforcement or penal agencies; provided, however,
5 that identification of witnesses to traffic
6 accidents, traffic accident reports, and rescue
7 reports may be provided by agencies of local
8 government, except in a case for which a criminal
9 investigation is ongoing, without constituting a
10 clearly unwarranted per se invasion of personal
11 privacy under this subsection.
12 (c) Records compiled by any public body for
13 administrative enforcement proceedings and any law
14 enforcement or correctional agency for law enforcement
15 purposes or for internal matters of a public body, but
16 only to the extent that disclosure would:
17 (i) interfere with pending or actually and
18 reasonably contemplated law enforcement proceedings
19 conducted by any law enforcement or correctional
20 agency;
21 (ii) interfere with pending administrative
22 enforcement proceedings conducted by any public
23 body;
24 (iii) deprive a person of a fair trial or an
25 impartial hearing;
26 (iv) unavoidably disclose the identity of a
27 confidential source or confidential information
28 furnished only by the confidential source;
29 (v) disclose unique or specialized
30 investigative techniques other than those generally
31 used and known or disclose internal documents of
32 correctional agencies related to detection,
33 observation or investigation of incidents of crime
34 or misconduct;
-6- LRB9111045EGfg
1 (vi) constitute an invasion of personal
2 privacy under subsection (b) of this Section;
3 (vii) endanger the life or physical safety of
4 law enforcement personnel or any other person; or
5 (viii) obstruct an ongoing criminal
6 investigation.
7 (d) Criminal history record information maintained
8 by State or local criminal justice agencies, except the
9 following which shall be open for public inspection and
10 copying:
11 (i) chronologically maintained arrest
12 information, such as traditional arrest logs or
13 blotters;
14 (ii) the name of a person in the custody of a
15 law enforcement agency and the charges for which
16 that person is being held;
17 (iii) court records that are public;
18 (iv) records that are otherwise available
19 under State or local law; or
20 (v) records in which the requesting party is
21 the individual identified, except as provided under
22 part (vii) of paragraph (c) of subsection (1) of
23 this Section.
24 "Criminal history record information" means data
25 identifiable to an individual and consisting of
26 descriptions or notations of arrests, detentions,
27 indictments, informations, pre-trial proceedings, trials,
28 or other formal events in the criminal justice system or
29 descriptions or notations of criminal charges (including
30 criminal violations of local municipal ordinances) and
31 the nature of any disposition arising therefrom,
32 including sentencing, court or correctional supervision,
33 rehabilitation and release. The term does not apply to
34 statistical records and reports in which individuals are
-7- LRB9111045EGfg
1 not identified and from which their identities are not
2 ascertainable, or to information that is for criminal
3 investigative or intelligence purposes.
4 (e) Records that relate to or affect the security
5 of correctional institutions and detention facilities.
6 (f) Preliminary drafts, notes, recommendations,
7 memoranda and other records in which opinions are
8 expressed, or policies or actions are formulated, except
9 that a specific record or relevant portion of a record
10 shall not be exempt when the record is publicly cited and
11 identified by the head of the public body. The exemption
12 provided in this paragraph (f) extends to all those
13 records of officers and agencies of the General Assembly
14 that pertain to the preparation of legislative documents.
15 (g) Trade secrets and commercial or financial
16 information obtained from a person or business where the
17 trade secrets or information are proprietary, privileged
18 or confidential, or where disclosure of the trade secrets
19 or information may cause competitive harm, including all
20 information determined to be confidential under Section
21 4002 of the Technology Advancement and Development Act.
22 Nothing contained in this paragraph (g) shall be
23 construed to prevent a person or business from consenting
24 to disclosure.
25 (h) Proposals and bids for any contract, grant, or
26 agreement, including information which if it were
27 disclosed would frustrate procurement or give an
28 advantage to any person proposing to enter into a
29 contractor agreement with the body, until an award or
30 final selection is made. Information prepared by or for
31 the body in preparation of a bid solicitation shall be
32 exempt until an award or final selection is made.
33 (i) Valuable formulae, designs, drawings and
34 research data obtained or produced by any public body
-8- LRB9111045EGfg
1 when disclosure could reasonably be expected to produce
2 private gain or public loss.
3 (j) Test questions, scoring keys and other
4 examination data used to administer an academic
5 examination or determined the qualifications of an
6 applicant for a license or employment.
7 (k) Architects' plans and engineers' technical
8 submissions for projects not constructed or developed in
9 whole or in part with public funds and for projects
10 constructed or developed with public funds, to the extent
11 that disclosure would compromise security.
12 (l) Library circulation and order records
13 identifying library users with specific materials.
14 (m) Minutes of meetings of public bodies closed to
15 the public as provided in the Open Meetings Act until the
16 public body makes the minutes available to the public
17 under Section 2.06 of the Open Meetings Act.
18 (n) Communications between a public body and an
19 attorney or auditor representing the public body that
20 would not be subject to discovery in litigation, and
21 materials prepared or compiled by or for a public body in
22 anticipation of a criminal, civil or administrative
23 proceeding upon the request of an attorney advising the
24 public body, and materials prepared or compiled with
25 respect to internal audits of public bodies.
26 (o) Information received by a primary or secondary
27 school, college or university under its procedures for
28 the evaluation of faculty members by their academic
29 peers.
30 (p) Administrative or technical information
31 associated with automated data processing operations,
32 including but not limited to software, operating
33 protocols, computer program abstracts, file layouts,
34 source listings, object modules, load modules, user
-9- LRB9111045EGfg
1 guides, documentation pertaining to all logical and
2 physical design of computerized systems, employee
3 manuals, and any other information that, if disclosed,
4 would jeopardize the security of the system or its data
5 or the security of materials exempt under this Section.
6 (q) Documents or materials relating to collective
7 negotiating matters between public bodies and their
8 employees or representatives, except that any final
9 contract or agreement shall be subject to inspection and
10 copying.
11 (r) Drafts, notes, recommendations and memoranda
12 pertaining to the financing and marketing transactions of
13 the public body. The records of ownership, registration,
14 transfer, and exchange of municipal debt obligations, and
15 of persons to whom payment with respect to these
16 obligations is made.
17 (s) The records, documents and information relating
18 to real estate purchase negotiations until those
19 negotiations have been completed or otherwise terminated.
20 With regard to a parcel involved in a pending or actually
21 and reasonably contemplated eminent domain proceeding
22 under Article VII of the Code of Civil Procedure,
23 records, documents and information relating to that
24 parcel shall be exempt except as may be allowed under
25 discovery rules adopted by the Illinois Supreme Court.
26 The records, documents and information relating to a real
27 estate sale shall be exempt until a sale is consummated.
28 (t) Any and all proprietary information and records
29 related to the operation of an intergovernmental risk
30 management association or self-insurance pool or jointly
31 self-administered health and accident cooperative or
32 pool.
33 (u) Information concerning a university's
34 adjudication of student or employee grievance or
-10- LRB9111045EGfg
1 disciplinary cases, to the extent that disclosure would
2 reveal the identity of the student or employee and
3 information concerning any public body's adjudication of
4 student or employee grievances or disciplinary cases,
5 except for the final outcome of the cases.
6 (v) Course materials or research materials used by
7 faculty members.
8 (w) Information related solely to the internal
9 personnel rules and practices of a public body.
10 (x) Information contained in or related to
11 examination, operating, or condition reports prepared by,
12 on behalf of, or for the use of a public body responsible
13 for the regulation or supervision of financial
14 institutions or insurance companies, unless disclosure is
15 otherwise required by State law.
16 (y) Information the disclosure of which is
17 restricted under Section 5-108 of the Public Utilities
18 Act.
19 (z) Manuals or instruction to staff that relate to
20 establishment or collection of liability for any State
21 tax or that relate to investigations by a public body to
22 determine violation of any criminal law.
23 (aa) Applications, related documents, and medical
24 records received by the Experimental Organ
25 Transplantation Procedures Board and any and all
26 documents or other records prepared by the Experimental
27 Organ Transplantation Procedures Board or its staff
28 relating to applications it has received.
29 (bb) Insurance or self insurance (including any
30 intergovernmental risk management association or self
31 insurance pool) claims, loss or risk management
32 information, records, data, advice or communications.
33 (cc) Information and records held by the Department
34 of Public Health and its authorized representatives
-11- LRB9111045EGfg
1 relating to known or suspected cases of sexually
2 transmissible disease or any information the disclosure
3 of which is restricted under the Illinois Sexually
4 Transmissible Disease Control Act.
5 (dd) Information the disclosure of which is
6 exempted under Section 30 of the Radon Industry Licensing
7 Act.
8 (ee) Firm performance evaluations under Section 55
9 of the Architectural, Engineering, and Land Surveying
10 Qualifications Based Selection Act.
11 (ff) Security portions of system safety program
12 plans, investigation reports, surveys, schedules, lists,
13 data, or information compiled, collected, or prepared by
14 or for the Regional Transportation Authority under
15 Section 2.11 of the Regional Transportation Authority Act
16 or the State of Missouri under the Bi-State Transit
17 Safety Act.
18 (gg) Information the disclosure of which is
19 restricted and exempted under Section 50 of the Illinois
20 Prepaid Tuition Act.
21 (hh) Information the disclosure of which is
22 exempted under Section 80 of the State Gift Ban Act.
23 (ii) Beginning July 1, 1999, information that would
24 disclose or might lead to the disclosure of secret or
25 confidential information, codes, algorithms, programs, or
26 private keys intended to be used to create electronic or
27 digital signatures under the Electronic Commerce Security
28 Act.
29 (jj) Information contained in a local emergency
30 energy plan submitted to a municipality in accordance
31 with a local emergency energy plan ordinance that is
32 adopted under Section 11-21.5-5 of the Illinois Municipal
33 Code.
34 (kk) (jj) Information and data concerning the
-12- LRB9111045EGfg
1 distribution of surcharge moneys collected and remitted
2 by wireless carriers under the Wireless Emergency
3 Telephone Safety Act.
4 (2) This Section does not authorize withholding of
5 information or limit the availability of records to the
6 public, except as stated in this Section or otherwise
7 provided in this Act.
8 (Source: P.A. 90-262, eff. 7-30-97; 90-273, eff. 7-30-97;
9 90-546, eff. 12-1-97; 90-655, eff. 7-30-98; 90-737, eff.
10 1-1-99; 90-759, eff. 7-1-99; 91-137, eff. 7-16-99; 91-357,
11 eff. 7-29-99; 91-660, eff. 12-22-99; revised 1-17-00.)
12 Section 8. The State Records Act is amended by changing
13 Section 4a as follows:
14 (5 ILCS 160/4a)
15 Sec. 4a. Arrest reports.
16 (a) When an individual is arrested, the following
17 information must be made available to the news media for
18 inspection and copying:
19 (1) Information that identifies the individual
20 person, including the name, age, address, and photograph,
21 when and if available.
22 (2) Information detailing any charges relating to
23 the arrest.
24 (3) The time and location of the arrest.
25 (4) The name of the investigating or arresting law
26 enforcement agency.
27 (5) If the individual is incarcerated, the amount
28 of any bail or bond.
29 (6) If the individual is incarcerated, the time and
30 date that the individual was received, discharged, or
31 transferred from the arresting agency's custody.
32 (b) The information required by this Section must be
-13- LRB9111045EGfg
1 made available to the news media for inspection and copying
2 as soon as practicable, but in no event shall the time period
3 exceed 72 hours from the arrest. The information described
4 in paragraphs (3), (4), (5), and (6) 3, 4, 5, and 6 of
5 subsection (a), however, may be withheld if it is determined
6 that disclosure would:
7 (1) interfere with pending or actually and
8 reasonably contemplated law enforcement proceedings
9 conducted by any law enforcement or correctional agency;
10 (2) endanger the life or physical safety of law
11 enforcement or correctional personnel or any other
12 person; or
13 (3) compromise the security of any correctional
14 facility.
15 (c) For the purposes of this Section, the term "news
16 media" means personnel of a newspaper or other periodical
17 issued at regular intervals, a news service, a radio station,
18 a television station, a community antenna television service,
19 or a person or corporation engaged in making news reels or
20 other motion picture news for public showing.
21 (d) Each law enforcement or correctional agency may
22 charge fees for arrest records, but in no instance may the
23 fee exceed the actual cost of copying and reproduction. The
24 fees may not include the cost of the labor used to reproduce
25 the arrest record.
26 (e) The provisions of this Section do not supersede the
27 confidentiality provisions for arrest records of the Juvenile
28 Court Act of 1987.
29 (Source: P.A. 91-309, eff. 7-29-99; revised 11-3-99.)
30 Section 9. The State Employees Group Insurance Act of
31 1971 is amended by changing Sections 3 and 10 and by
32 changing, setting forth, and renumbering multiple versions of
33 Section 6.12 as follows:
-14- LRB9111045EGfg
1 (5 ILCS 375/3) (from Ch. 127, par. 523)
2 Sec. 3. Definitions. Unless the context otherwise
3 requires, the following words and phrases as used in this Act
4 shall have the following meanings. The Department may define
5 these and other words and phrases separately for the purpose
6 of implementing specific programs providing benefits under
7 this Act.
8 (a) "Administrative service organization" means any
9 person, firm or corporation experienced in the handling of
10 claims which is fully qualified, financially sound and
11 capable of meeting the service requirements of a contract of
12 administration executed with the Department.
13 (b) "Annuitant" means (1) an employee who retires, or
14 has retired, on or after January 1, 1966 on an immediate
15 annuity under the provisions of Articles 2, 14, 15 (including
16 an employee who has retired under the optional retirement
17 program established under Section 15-158.2), paragraphs (2),
18 (3), or (5) of Section 16-106, or Article 18 of the Illinois
19 Pension Code; (2) any person who was receiving group
20 insurance coverage under this Act as of March 31, 1978 by
21 reason of his status as an annuitant, even though the annuity
22 in relation to which such coverage was provided is a
23 proportional annuity based on less than the minimum period of
24 service required for a retirement annuity in the system
25 involved; (3) any person not otherwise covered by this Act
26 who has retired as a participating member under Article 2 of
27 the Illinois Pension Code but is ineligible for the
28 retirement annuity under Section 2-119 of the Illinois
29 Pension Code; (4) the spouse of any person who is receiving a
30 retirement annuity under Article 18 of the Illinois Pension
31 Code and who is covered under a group health insurance
32 program sponsored by a governmental employer other than the
33 State of Illinois and who has irrevocably elected to waive
34 his or her coverage under this Act and to have his or her
-15- LRB9111045EGfg
1 spouse considered as the "annuitant" under this Act and not
2 as a "dependent"; or (5) an employee who retires, or has
3 retired, from a qualified position, as determined according
4 to rules promulgated by the Director, under a qualified local
5 government or a qualified rehabilitation facility or a
6 qualified domestic violence shelter or service. (For
7 definition of "retired employee", see (p) post).
8 (b-5) "New SERS annuitant" means a person who, on or
9 after January 1, 1998, becomes an annuitant, as defined in
10 subsection (b), by virtue of beginning to receive a
11 retirement annuity under Article 14 of the Illinois Pension
12 Code, and is eligible to participate in the basic program of
13 group health benefits provided for annuitants under this Act.
14 (b-6) "New SURS annuitant" means a person who (1) on or
15 after January 1, 1998, becomes an annuitant, as defined in
16 subsection (b), by virtue of beginning to receive a
17 retirement annuity under Article 15 of the Illinois Pension
18 Code, (2) has not made the election authorized under Section
19 15-135.1 of the Illinois Pension Code, and (3) is eligible to
20 participate in the basic program of group health benefits
21 provided for annuitants under this Act.
22 (b-7) "New TRS State annuitant" means a person who, on
23 or after July 1, 1998, becomes an annuitant, as defined in
24 subsection (b), by virtue of beginning to receive a
25 retirement annuity under Article 16 of the Illinois Pension
26 Code based on service as a teacher as defined in paragraph
27 (2), (3), or (5) of Section 16-106 of that Code, and is
28 eligible to participate in the basic program of group health
29 benefits provided for annuitants under this Act.
30 (c) "Carrier" means (1) an insurance company, a
31 corporation organized under the Limited Health Service
32 Organization Act or the Voluntary Health Services Plan Act, a
33 partnership, or other nongovernmental organization, which is
34 authorized to do group life or group health insurance
-16- LRB9111045EGfg
1 business in Illinois, or (2) the State of Illinois as a
2 self-insurer.
3 (d) "Compensation" means salary or wages payable on a
4 regular payroll by the State Treasurer on a warrant of the
5 State Comptroller out of any State, trust or federal fund, or
6 by the Governor of the State through a disbursing officer of
7 the State out of a trust or out of federal funds, or by any
8 Department out of State, trust, federal or other funds held
9 by the State Treasurer or the Department, to any person for
10 personal services currently performed, and ordinary or
11 accidental disability benefits under Articles 2, 14, 15
12 (including ordinary or accidental disability benefits under
13 the optional retirement program established under Section
14 15-158.2), paragraphs (2), (3), or (5) of Section 16-106, or
15 Article 18 of the Illinois Pension Code, for disability
16 incurred after January 1, 1966, or benefits payable under the
17 Workers' Compensation or Occupational Diseases Act or
18 benefits payable under a sick pay plan established in
19 accordance with Section 36 of the State Finance Act.
20 "Compensation" also means salary or wages paid to an employee
21 of any qualified local government or qualified rehabilitation
22 facility or a qualified domestic violence shelter or service.
23 (e) "Commission" means the State Employees Group
24 Insurance Advisory Commission authorized by this Act.
25 Commencing July 1, 1984, "Commission" as used in this Act
26 means the Illinois Economic and Fiscal Commission as
27 established by the Legislative Commission Reorganization Act
28 of 1984.
29 (f) "Contributory", when referred to as contributory
30 coverage, shall mean optional coverages or benefits elected
31 by the member toward the cost of which such member makes
32 contribution, or which are funded in whole or in part through
33 the acceptance of a reduction in earnings or the foregoing of
34 an increase in earnings by an employee, as distinguished from
-17- LRB9111045EGfg
1 noncontributory coverage or benefits which are paid entirely
2 by the State of Illinois without reduction of the member's
3 salary.
4 (g) "Department" means any department, institution,
5 board, commission, officer, court or any agency of the State
6 government receiving appropriations and having power to
7 certify payrolls to the Comptroller authorizing payments of
8 salary and wages against such appropriations as are made by
9 the General Assembly from any State fund, or against trust
10 funds held by the State Treasurer and includes boards of
11 trustees of the retirement systems created by Articles 2, 14,
12 15, 16 and 18 of the Illinois Pension Code. "Department"
13 also includes the Illinois Comprehensive Health Insurance
14 Board, the Board of Examiners established under the Illinois
15 Public Accounting Act, and the Illinois Rural Bond Bank.
16 (h) "Dependent", when the term is used in the context of
17 the health and life plan, means a member's spouse and any
18 unmarried child (1) from birth to age 19 including an adopted
19 child, a child who lives with the member from the time of the
20 filing of a petition for adoption until entry of an order of
21 adoption, a stepchild or recognized child who lives with the
22 member in a parent-child relationship, or a child who lives
23 with the member if such member is a court appointed guardian
24 of the child, or (2) age 19 to 23 enrolled as a full-time
25 student in any accredited school, financially dependent upon
26 the member, and eligible to be claimed as a dependent for
27 income tax purposes, or (3) age 19 or over who is mentally or
28 physically handicapped. For the health plan only, the term
29 "dependent" also includes any person enrolled prior to the
30 effective date of this Section who is dependent upon the
31 member to the extent that the member may claim such person as
32 a dependent for income tax deduction purposes; no other such
33 person may be enrolled.
34 (i) "Director" means the Director of the Illinois
-18- LRB9111045EGfg
1 Department of Central Management Services.
2 (j) "Eligibility period" means the period of time a
3 member has to elect enrollment in programs or to select
4 benefits without regard to age, sex or health.
5 (k) "Employee" means and includes each officer or
6 employee in the service of a department who (1) receives his
7 compensation for service rendered to the department on a
8 warrant issued pursuant to a payroll certified by a
9 department or on a warrant or check issued and drawn by a
10 department upon a trust, federal or other fund or on a
11 warrant issued pursuant to a payroll certified by an elected
12 or duly appointed officer of the State or who receives
13 payment of the performance of personal services on a warrant
14 issued pursuant to a payroll certified by a Department and
15 drawn by the Comptroller upon the State Treasurer against
16 appropriations made by the General Assembly from any fund or
17 against trust funds held by the State Treasurer, and (2) is
18 employed full-time or part-time in a position normally
19 requiring actual performance of duty during not less than 1/2
20 of a normal work period, as established by the Director in
21 cooperation with each department, except that persons elected
22 by popular vote will be considered employees during the
23 entire term for which they are elected regardless of hours
24 devoted to the service of the State, and (3) except that
25 "employee" does not include any person who is not eligible by
26 reason of such person's employment to participate in one of
27 the State retirement systems under Articles 2, 14, 15 (either
28 the regular Article 15 system or the optional retirement
29 program established under Section 15-158.2) or 18, or under
30 paragraph (2), (3), or (5) of Section 16-106, of the Illinois
31 Pension Code, but such term does include persons who are
32 employed during the 6 month qualifying period under Article
33 14 of the Illinois Pension Code. Such term also includes any
34 person who (1) after January 1, 1966, is receiving ordinary
-19- LRB9111045EGfg
1 or accidental disability benefits under Articles 2, 14, 15
2 (including ordinary or accidental disability benefits under
3 the optional retirement program established under Section
4 15-158.2), paragraphs (2), (3), or (5) of Section 16-106, or
5 Article 18 of the Illinois Pension Code, for disability
6 incurred after January 1, 1966, (2) receives total permanent
7 or total temporary disability under the Workers' Compensation
8 Act or Occupational Disease Act as a result of injuries
9 sustained or illness contracted in the course of employment
10 with the State of Illinois, or (3) is not otherwise covered
11 under this Act and has retired as a participating member
12 under Article 2 of the Illinois Pension Code but is
13 ineligible for the retirement annuity under Section 2-119 of
14 the Illinois Pension Code. However, a person who satisfies
15 the criteria of the foregoing definition of "employee" except
16 that such person is made ineligible to participate in the
17 State Universities Retirement System by clause (4) of
18 subsection (a) of Section 15-107 of the Illinois Pension Code
19 is also an "employee" for the purposes of this Act.
20 "Employee" also includes any person receiving or eligible for
21 benefits under a sick pay plan established in accordance with
22 Section 36 of the State Finance Act. "Employee" also includes
23 each officer or employee in the service of a qualified local
24 government, including persons appointed as trustees of
25 sanitary districts regardless of hours devoted to the service
26 of the sanitary district, and each employee in the service of
27 a qualified rehabilitation facility and each full-time
28 employee in the service of a qualified domestic violence
29 shelter or service, as determined according to rules
30 promulgated by the Director.
31 (l) "Member" means an employee, annuitant, retired
32 employee or survivor.
33 (m) "Optional coverages or benefits" means those
34 coverages or benefits available to the member on his or her
-20- LRB9111045EGfg
1 voluntary election, and at his or her own expense.
2 (n) "Program" means the group life insurance, health
3 benefits and other employee benefits designed and contracted
4 for by the Director under this Act.
5 (o) "Health plan" means a health benefits program
6 offered by the State of Illinois for persons eligible for the
7 plan.
8 (p) "Retired employee" means any person who would be an
9 annuitant as that term is defined herein but for the fact
10 that such person retired prior to January 1, 1966. Such term
11 also includes any person formerly employed by the University
12 of Illinois in the Cooperative Extension Service who would be
13 an annuitant but for the fact that such person was made
14 ineligible to participate in the State Universities
15 Retirement System by clause (4) of subsection (a) of Section
16 15-107 of the Illinois Pension Code.
17 (q) "Survivor" means a person receiving an annuity as a
18 survivor of an employee or of an annuitant. "Survivor" also
19 includes: (1) the surviving dependent of a person who
20 satisfies the definition of "employee" except that such
21 person is made ineligible to participate in the State
22 Universities Retirement System by clause (4) of subsection
23 (a) of Section 15-107 of the Illinois Pension Code; and (2)
24 the surviving dependent of any person formerly employed by
25 the University of Illinois in the Cooperative Extension
26 Service who would be an annuitant except for the fact that
27 such person was made ineligible to participate in the State
28 Universities Retirement System by clause (4) of subsection
29 (a) of Section 15-107 of the Illinois Pension Code.
30 (q-5) "New SERS survivor" means a survivor, as defined
31 in subsection (q), whose annuity is paid under Article 14 of
32 the Illinois Pension Code and is based on the death of (i) an
33 employee whose death occurs on or after January 1, 1998, or
34 (ii) a new SERS annuitant as defined in subsection (b-5).
-21- LRB9111045EGfg
1 (q-6) "New SURS survivor" means a survivor, as defined
2 in subsection (q), whose annuity is paid under Article 15 of
3 the Illinois Pension Code and is based on the death of (i) an
4 employee whose death occurs on or after January 1, 1998, or
5 (ii) a new SURS annuitant as defined in subsection (b-6).
6 (q-7) "New TRS State survivor" means a survivor, as
7 defined in subsection (q), whose annuity is paid under
8 Article 16 of the Illinois Pension Code and is based on the
9 death of (i) an employee who is a teacher as defined in
10 paragraph (2), (3), or (5) of Section 16-106 of that Code and
11 whose death occurs on or after July 1, 1998, or (ii) a new
12 TRS State annuitant as defined in subsection (b-7).
13 (r) "Medical services" means the services provided
14 within the scope of their licenses by practitioners in all
15 categories licensed under the Medical Practice Act of 1987.
16 (s) "Unit of local government" means any county,
17 municipality, township, school district, special district or
18 other unit, designated as a unit of local government by law,
19 which exercises limited governmental powers or powers in
20 respect to limited governmental subjects, any not-for-profit
21 association with a membership that primarily includes
22 townships and township officials, that has duties that
23 include provision of research service, dissemination of
24 information, and other acts for the purpose of improving
25 township government, and that is funded wholly or partly in
26 accordance with Section 85-15 of the Township Code; any
27 not-for-profit corporation or association, with a membership
28 consisting primarily of municipalities, that operates its own
29 utility system, and provides research, training,
30 dissemination of information, or other acts to promote
31 cooperation between and among municipalities that provide
32 utility services and for the advancement of the goals and
33 purposes of its membership; the Southern Illinois Collegiate
34 Common Market, which is a consortium of higher education
-22- LRB9111045EGfg
1 institutions in Southern Illinois; and the Illinois
2 Association of Park Districts. "Qualified local government"
3 means a unit of local government approved by the Director and
4 participating in a program created under subsection (i) of
5 Section 10 of this Act.
6 (t) "Qualified rehabilitation facility" means any
7 not-for-profit organization that is accredited by the
8 Commission on Accreditation of Rehabilitation Facilities or
9 certified by the Department of Human Services (as successor
10 to the Department of Mental Health and Developmental
11 Disabilities) to provide services to persons with
12 disabilities and which receives funds from the State of
13 Illinois for providing those services, approved by the
14 Director and participating in a program created under
15 subsection (j) of Section 10 of this Act.
16 (u) "Qualified domestic violence shelter or service"
17 means any Illinois domestic violence shelter or service and
18 its administrative offices funded by the Department of Human
19 Services (as successor to the Illinois Department of Public
20 Aid), approved by the Director and participating in a program
21 created under subsection (k) of Section 10.
22 (v) "TRS benefit recipient" means a person who:
23 (1) is not a "member" as defined in this Section;
24 and
25 (2) is receiving a monthly benefit or retirement
26 annuity under Article 16 of the Illinois Pension Code;
27 and
28 (3) either (i) has at least 8 years of creditable
29 service under Article 16 of the Illinois Pension Code, or
30 (ii) was enrolled in the health insurance program offered
31 under that Article on January 1, 1996, or (iii) is the
32 survivor of a benefit recipient who had at least 8 years
33 of creditable service under Article 16 of the Illinois
34 Pension Code or was enrolled in the health insurance
-23- LRB9111045EGfg
1 program offered under that Article on the effective date
2 of this amendatory Act of 1995, or (iv) is a recipient or
3 survivor of a recipient of a disability benefit under
4 Article 16 of the Illinois Pension Code.
5 (w) "TRS dependent beneficiary" means a person who:
6 (1) is not a "member" or "dependent" as defined in
7 this Section; and
8 (2) is a TRS benefit recipient's: (A) spouse, (B)
9 dependent parent who is receiving at least half of his or
10 her support from the TRS benefit recipient, or (C)
11 unmarried natural or adopted child who is (i) under age
12 19, or (ii) enrolled as a full-time student in an
13 accredited school, financially dependent upon the TRS
14 benefit recipient, eligible to be claimed as a dependent
15 for income tax purposes, and either is under age 24 or
16 was, on January 1, 1996, participating as a dependent
17 beneficiary in the health insurance program offered under
18 Article 16 of the Illinois Pension Code, or (iii) age 19
19 or over who is mentally or physically handicapped.
20 (x) "Military leave with pay and benefits" refers to
21 individuals in basic training for reserves, special/advanced
22 training, annual training, emergency call up, or activation
23 by the President of the United States with approved pay and
24 benefits.
25 (y) "Military leave without pay and benefits" refers to
26 individuals who enlist for active duty in a regular component
27 of the U.S. Armed Forces or other duty not specified or
28 authorized under military leave with pay and benefits.
29 (z) "Community college benefit recipient" means a person
30 who:
31 (1) is not a "member" as defined in this Section;
32 and
33 (2) is receiving a monthly survivor's annuity or
34 retirement annuity under Article 15 of the Illinois
-24- LRB9111045EGfg
1 Pension Code; and
2 (3) either (i) was a full-time employee of a
3 community college district or an association of community
4 college boards created under the Public Community College
5 Act (other than an employee whose last employer under
6 Article 15 of the Illinois Pension Code was a community
7 college district subject to Article VII of the Public
8 Community College Act) and was eligible to participate in
9 a group health benefit plan as an employee during the
10 time of employment with a community college district
11 (other than a community college district subject to
12 Article VII of the Public Community College Act) or an
13 association of community college boards, or (ii) is the
14 survivor of a person described in item (i).
15 (aa) "Community college dependent beneficiary" means a
16 person who:
17 (1) is not a "member" or "dependent" as defined in
18 this Section; and
19 (2) is a community college benefit recipient's: (A)
20 spouse, (B) dependent parent who is receiving at least
21 half of his or her support from the community college
22 benefit recipient, or (C) unmarried natural or adopted
23 child who is (i) under age 19, or (ii) enrolled as a
24 full-time student in an accredited school, financially
25 dependent upon the community college benefit recipient,
26 eligible to be claimed as a dependent for income tax
27 purposes and under age 23, or (iii) age 19 or over and
28 mentally or physically handicapped.
29 (Source: P.A. 90-14, eff. 7-1-97; 90-65, eff. 7-7-97; 90-448,
30 eff. 8-16-97; 90-497, eff. 8-18-97; 90-511, eff. 8-22-97;
31 90-582, eff. 5-27-98; 90-655, eff. 7-30-98; 91-390, eff.
32 7-30-99; 91-395, eff. 7-30-99; 91-617, eff, 8-19-99; revised
33 10-19-99.)
-25- LRB9111045EGfg
1 (5 ILCS 375/6.12)
2 Sec. 6.12. Payment for services. The program of health
3 benefits is subject to the provisions of Section 356z 356y of
4 the Illinois Insurance Code.
5 (Source: P.A. 91-605, eff. 12-14-99; revised 10-18-99.)
6 (5 ILCS 375/6.13)
7 Sec. 6.13. 6.12. Managed Care Reform and Patient Rights
8 Act. The program of health benefits is subject to the
9 provisions of the Managed Care Reform and Patient Rights Act,
10 except the fee for service program shall only be required to
11 comply with Section 85 and the definition of "emergency
12 medical condition" in Section 10 of the Managed Care Reform
13 and Patient Rights Act.
14 (Source: P.A. 91-617, eff. 8-19-99; revised 10-18-99.)
15 (5 ILCS 375/10) (from Ch. 127, par. 530)
16 Sec. 10. Payments by State; premiums.
17 (a) The State shall pay the cost of basic
18 non-contributory group life insurance and, subject to member
19 paid contributions set by the Department or required by this
20 Section, the basic program of group health benefits on each
21 eligible member, except a member, not otherwise covered by
22 this Act, who has retired as a participating member under
23 Article 2 of the Illinois Pension Code but is ineligible for
24 the retirement annuity under Section 2-119 of the Illinois
25 Pension Code, and part of each eligible member's and retired
26 member's premiums for health insurance coverage for enrolled
27 dependents as provided by Section 9. The State shall pay the
28 cost of the basic program of group health benefits only after
29 benefits are reduced by the amount of benefits covered by
30 Medicare for all members and dependents who are eligible for
31 benefits under Social Security or the Railroad Retirement
32 system or who had sufficient Medicare-covered government
-26- LRB9111045EGfg
1 employment, except that such reduction in benefits shall
2 apply only to those members and dependents who (1) first
3 become eligible for such Medicare coverage on or after July
4 1, 1992; or (2) are Medicare-eligible members or dependents
5 of a local government unit which began participation in the
6 program on or after July 1, 1992; or (3) remain eligible for,
7 but no longer receive Medicare coverage which they had been
8 receiving on or after July 1, 1992. The Department may
9 determine the aggregate level of the State's contribution on
10 the basis of actual cost of medical services adjusted for
11 age, sex or geographic or other demographic characteristics
12 which affect the costs of such programs.
13 The cost of participation in the basic program of group
14 health benefits for the dependent or survivor of a living or
15 deceased retired employee who was formerly employed by the
16 University of Illinois in the Cooperative Extension Service
17 and would be an annuitant but for the fact that he or she was
18 made ineligible to participate in the State Universities
19 Retirement System by clause (4) of subsection (a) of Section
20 15-107 of the Illinois Pension Code shall not be greater than
21 the cost of participation that would otherwise apply to that
22 dependent or survivor if he or she were the dependent or
23 survivor of an annuitant under the State Universities
24 Retirement System.
25 (a-1) Beginning January 1, 1998, for each person who
26 becomes a new SERS annuitant and participates in the basic
27 program of group health benefits, the State shall contribute
28 toward the cost of the annuitant's coverage under the basic
29 program of group health benefits an amount equal to 5% of
30 that cost for each full year of creditable service upon which
31 the annuitant's retirement annuity is based, up to a maximum
32 of 100% for an annuitant with 20 or more years of creditable
33 service. The remainder of the cost of a new SERS annuitant's
34 coverage under the basic program of group health benefits
-27- LRB9111045EGfg
1 shall be the responsibility of the annuitant.
2 (a-2) Beginning January 1, 1998, for each person who
3 becomes a new SERS survivor and participates in the basic
4 program of group health benefits, the State shall contribute
5 toward the cost of the survivor's coverage under the basic
6 program of group health benefits an amount equal to 5% of
7 that cost for each full year of the deceased employee's or
8 deceased annuitant's creditable service in the State
9 Employees' Retirement System of Illinois on the date of
10 death, up to a maximum of 100% for a survivor of an employee
11 or annuitant with 20 or more years of creditable service.
12 The remainder of the cost of the new SERS survivor's coverage
13 under the basic program of group health benefits shall be the
14 responsibility of the survivor.
15 (a-3) Beginning January 1, 1998, for each person who
16 becomes a new SURS annuitant and participates in the basic
17 program of group health benefits, the State shall contribute
18 toward the cost of the annuitant's coverage under the basic
19 program of group health benefits an amount equal to 5% of
20 that cost for each full year of creditable service upon which
21 the annuitant's retirement annuity is based, up to a maximum
22 of 100% for an annuitant with 20 or more years of creditable
23 service. The remainder of the cost of a new SURS annuitant's
24 coverage under the basic program of group health benefits
25 shall be the responsibility of the annuitant.
26 (a-4) (Blank).
27 (a-5) Beginning January 1, 1998, for each person who
28 becomes a new SURS survivor and participates in the basic
29 program of group health benefits, the State shall contribute
30 toward the cost of the survivor's coverage under the basic
31 program of group health benefits an amount equal to 5% of
32 that cost for each full year of the deceased employee's or
33 deceased annuitant's creditable service in the State
34 Universities Retirement System on the date of death, up to a
-28- LRB9111045EGfg
1 maximum of 100% for a survivor of an employee or annuitant
2 with 20 or more years of creditable service. The remainder
3 of the cost of the new SURS survivor's coverage under the
4 basic program of group health benefits shall be the
5 responsibility of the survivor.
6 (a-6) Beginning July 1, 1998, for each person who
7 becomes a new TRS State annuitant and participates in the
8 basic program of group health benefits, the State shall
9 contribute toward the cost of the annuitant's coverage under
10 the basic program of group health benefits an amount equal to
11 5% of that cost for each full year of creditable service as a
12 teacher as defined in paragraph (2), (3), or (5) of Section
13 16-106 of the Illinois Pension Code upon which the
14 annuitant's retirement annuity is based, up to a maximum of
15 100%; except that the State contribution shall be 12.5% per
16 year (rather than 5%) for each full year of creditable
17 service as a regional superintendent or assistant regional
18 superintendent of schools. The remainder of the cost of a
19 new TRS State annuitant's coverage under the basic program of
20 group health benefits shall be the responsibility of the
21 annuitant.
22 (a-7) Beginning July 1, 1998, for each person who
23 becomes a new TRS State survivor and participates in the
24 basic program of group health benefits, the State shall
25 contribute toward the cost of the survivor's coverage under
26 the basic program of group health benefits an amount equal to
27 5% of that cost for each full year of the deceased employee's
28 or deceased annuitant's creditable service as a teacher as
29 defined in paragraph (2), (3), or (5) of Section 16-106 of
30 the Illinois Pension Code on the date of death, up to a
31 maximum of 100%; except that the State contribution shall be
32 12.5% per year (rather than 5%) for each full year of the
33 deceased employee's or deceased annuitant's creditable
34 service as a regional superintendent or assistant regional
-29- LRB9111045EGfg
1 superintendent of schools. The remainder of the cost of the
2 new TRS State survivor's coverage under the basic program of
3 group health benefits shall be the responsibility of the
4 survivor.
5 (a-8) A new SERS annuitant, new SERS survivor, new SURS
6 annuitant, new SURS survivor, new TRS State annuitant, or new
7 TRS State survivor may waive or terminate coverage in the
8 program of group health benefits. Any such annuitant or
9 survivor who has waived or terminated coverage may enroll or
10 re-enroll in the program of group health benefits only during
11 the annual benefit choice period, as determined by the
12 Director; except that in the event of termination of coverage
13 due to nonpayment of premiums, the annuitant or survivor may
14 not re-enroll in the program.
15 (a-9) No later than May 1 of each calendar year, the
16 Director of Central Management Services shall certify in
17 writing to the Executive Secretary of the State Employees'
18 Retirement System of Illinois the amounts of the Medicare
19 supplement health care premiums and the amounts of the health
20 care premiums for all other retirees who are not Medicare
21 eligible.
22 A separate calculation of the premiums based upon the
23 actual cost of each health care plan shall be so certified.
24 The Director of Central Management Services shall provide
25 to the Executive Secretary of the State Employees' Retirement
26 System of Illinois such information, statistics, and other
27 data as he or she may require to review the premium amounts
28 certified by the Director of Central Management Services.
29 (b) State employees who become eligible for this program
30 on or after January 1, 1980 in positions normally requiring
31 actual performance of duty not less than 1/2 of a normal work
32 period but not equal to that of a normal work period, shall
33 be given the option of participating in the available
34 program. If the employee elects coverage, the State shall
-30- LRB9111045EGfg
1 contribute on behalf of such employee to the cost of the
2 employee's benefit and any applicable dependent supplement,
3 that sum which bears the same percentage as that percentage
4 of time the employee regularly works when compared to normal
5 work period.
6 (c) The basic non-contributory coverage from the basic
7 program of group health benefits shall be continued for each
8 employee not in pay status or on active service by reason of
9 (1) leave of absence due to illness or injury, (2) authorized
10 educational leave of absence or sabbatical leave, or (3)
11 military leave with pay and benefits. This coverage shall
12 continue until expiration of authorized leave and return to
13 active service, but not to exceed 24 months for leaves under
14 item (1) or (2). This 24-month limitation and the requirement
15 of returning to active service shall not apply to persons
16 receiving ordinary or accidental disability benefits or
17 retirement benefits through the appropriate State retirement
18 system or benefits under the Workers' Compensation or
19 Occupational Disease Act.
20 (d) The basic group life insurance coverage shall
21 continue, with full State contribution, where such person is
22 (1) absent from active service by reason of disability
23 arising from any cause other than self-inflicted, (2) on
24 authorized educational leave of absence or sabbatical leave,
25 or (3) on military leave with pay and benefits.
26 (e) Where the person is in non-pay status for a period
27 in excess of 30 days or on leave of absence, other than by
28 reason of disability, educational or sabbatical leave, or
29 military leave with pay and benefits, such person may
30 continue coverage only by making personal payment equal to
31 the amount normally contributed by the State on such person's
32 behalf. Such payments and coverage may be continued: (1)
33 until such time as the person returns to a status eligible
34 for coverage at State expense, but not to exceed 24 months,
-31- LRB9111045EGfg
1 (2) until such person's employment or annuitant status with
2 the State is terminated, or (3) for a maximum period of 4
3 years for members on military leave with pay and benefits and
4 military leave without pay and benefits (exclusive of any
5 additional service imposed pursuant to law).
6 (f) The Department shall establish by rule the extent
7 to which other employee benefits will continue for persons in
8 non-pay status or who are not in active service.
9 (g) The State shall not pay the cost of the basic
10 non-contributory group life insurance, program of health
11 benefits and other employee benefits for members who are
12 survivors as defined by paragraphs (1) and (2) of subsection
13 (q) of Section 3 of this Act. The costs of benefits for
14 these survivors shall be paid by the survivors or by the
15 University of Illinois Cooperative Extension Service, or any
16 combination thereof. However, the State shall pay the amount
17 of the reduction in the cost of participation, if any,
18 resulting from the amendment to subsection (a) made by this
19 amendatory Act of the 91st General Assembly.
20 (h) Those persons occupying positions with any
21 department as a result of emergency appointments pursuant to
22 Section 8b.8 of the Personnel Code who are not considered
23 employees under this Act shall be given the option of
24 participating in the programs of group life insurance, health
25 benefits and other employee benefits. Such persons electing
26 coverage may participate only by making payment equal to the
27 amount normally contributed by the State for similarly
28 situated employees. Such amounts shall be determined by the
29 Director. Such payments and coverage may be continued until
30 such time as the person becomes an employee pursuant to this
31 Act or such person's appointment is terminated.
32 (i) Any unit of local government within the State of
33 Illinois may apply to the Director to have its employees,
34 annuitants, and their dependents provided group health
-32- LRB9111045EGfg
1 coverage under this Act on a non-insured basis. To
2 participate, a unit of local government must agree to enroll
3 all of its employees, who may select coverage under either
4 the State group health benefits plan or a health maintenance
5 organization that has contracted with the State to be
6 available as a health care provider for employees as defined
7 in this Act. A unit of local government must remit the
8 entire cost of providing coverage under the State group
9 health benefits plan or, for coverage under a health
10 maintenance organization, an amount determined by the
11 Director based on an analysis of the sex, age, geographic
12 location, or other relevant demographic variables for its
13 employees, except that the unit of local government shall not
14 be required to enroll those of its employees who are covered
15 spouses or dependents under this plan or another group policy
16 or plan providing health benefits as long as (1) an
17 appropriate official from the unit of local government
18 attests that each employee not enrolled is a covered spouse
19 or dependent under this plan or another group policy or plan,
20 and (2) at least 85% of the employees are enrolled and the
21 unit of local government remits the entire cost of providing
22 coverage to those employees, except that a participating
23 school district must have enrolled at least 85% of its
24 full-time employees who have not waived coverage under the
25 district's group health plan by participating in a component
26 of the district's cafeteria plan. A participating school
27 district is not required to enroll a full-time employee who
28 has waived coverage under the district's health plan,
29 provided that an appropriate official from the participating
30 school district attests that the full-time employee has
31 waived coverage by participating in a component of the
32 district's cafeteria plan. For the purposes of this
33 subsection, "participating school district" includes a unit
34 of local government whose primary purpose is education as
-33- LRB9111045EGfg
1 defined by the Department's rules.
2 Employees of a participating unit of local government who
3 are not enrolled due to coverage under another group health
4 policy or plan may enroll in the event of a qualifying change
5 in status, special enrollment, special circumstance as
6 defined by the Director, or during the annual Benefit Choice
7 Period. A participating unit of local government may also
8 elect to cover its annuitants. Dependent coverage shall be
9 offered on an optional basis, with the costs paid by the unit
10 of local government, its employees, or some combination of
11 the two as determined by the unit of local government. The
12 unit of local government shall be responsible for timely
13 collection and transmission of dependent premiums.
14 The Director shall annually determine monthly rates of
15 payment, subject to the following constraints:
16 (1) In the first year of coverage, the rates shall
17 be equal to the amount normally charged to State
18 employees for elected optional coverages or for enrolled
19 dependents coverages or other contributory coverages, or
20 contributed by the State for basic insurance coverages on
21 behalf of its employees, adjusted for differences between
22 State employees and employees of the local government in
23 age, sex, geographic location or other relevant
24 demographic variables, plus an amount sufficient to pay
25 for the additional administrative costs of providing
26 coverage to employees of the unit of local government and
27 their dependents.
28 (2) In subsequent years, a further adjustment shall
29 be made to reflect the actual prior years' claims
30 experience of the employees of the unit of local
31 government.
32 In the case of coverage of local government employees
33 under a health maintenance organization, the Director shall
34 annually determine for each participating unit of local
-34- LRB9111045EGfg
1 government the maximum monthly amount the unit may contribute
2 toward that coverage, based on an analysis of (i) the age,
3 sex, geographic location, and other relevant demographic
4 variables of the unit's employees and (ii) the cost to cover
5 those employees under the State group health benefits plan.
6 The Director may similarly determine the maximum monthly
7 amount each unit of local government may contribute toward
8 coverage of its employees' dependents under a health
9 maintenance organization.
10 Monthly payments by the unit of local government or its
11 employees for group health benefits plan or health
12 maintenance organization coverage shall be deposited in the
13 Local Government Health Insurance Reserve Fund. The Local
14 Government Health Insurance Reserve Fund shall be a
15 continuing fund not subject to fiscal year limitations. All
16 expenditures from this fund shall be used for payments for
17 health care benefits for local government and rehabilitation
18 facility employees, annuitants, and dependents, and to
19 reimburse the Department or its administrative service
20 organization for all expenses incurred in the administration
21 of benefits. No other State funds may be used for these
22 purposes.
23 A local government employer's participation or desire to
24 participate in a program created under this subsection shall
25 not limit that employer's duty to bargain with the
26 representative of any collective bargaining unit of its
27 employees.
28 (j) Any rehabilitation facility within the State of
29 Illinois may apply to the Director to have its employees,
30 annuitants, and their eligible dependents provided group
31 health coverage under this Act on a non-insured basis. To
32 participate, a rehabilitation facility must agree to enroll
33 all of its employees and remit the entire cost of providing
34 such coverage for its employees, except that the
-35- LRB9111045EGfg
1 rehabilitation facility shall not be required to enroll those
2 of its employees who are covered spouses or dependents under
3 this plan or another group policy or plan providing health
4 benefits as long as (1) an appropriate official from the
5 rehabilitation facility attests that each employee not
6 enrolled is a covered spouse or dependent under this plan or
7 another group policy or plan, and (2) at least 85% of the
8 employees are enrolled and the rehabilitation facility remits
9 the entire cost of providing coverage to those employees.
10 Employees of a participating rehabilitation facility who are
11 not enrolled due to coverage under another group health
12 policy or plan may enroll in the event of a qualifying change
13 in status, special enrollment, special circumstance as
14 defined by the Director, or during the annual Benefit Choice
15 Period. A participating rehabilitation facility may also
16 elect to cover its annuitants. Dependent coverage shall be
17 offered on an optional basis, with the costs paid by the
18 rehabilitation facility, its employees, or some combination
19 of the 2 as determined by the rehabilitation facility. The
20 rehabilitation facility shall be responsible for timely
21 collection and transmission of dependent premiums.
22 The Director shall annually determine quarterly rates of
23 payment, subject to the following constraints:
24 (1) In the first year of coverage, the rates shall
25 be equal to the amount normally charged to State
26 employees for elected optional coverages or for enrolled
27 dependents coverages or other contributory coverages on
28 behalf of its employees, adjusted for differences between
29 State employees and employees of the rehabilitation
30 facility in age, sex, geographic location or other
31 relevant demographic variables, plus an amount sufficient
32 to pay for the additional administrative costs of
33 providing coverage to employees of the rehabilitation
34 facility and their dependents.
-36- LRB9111045EGfg
1 (2) In subsequent years, a further adjustment shall
2 be made to reflect the actual prior years' claims
3 experience of the employees of the rehabilitation
4 facility.
5 Monthly payments by the rehabilitation facility or its
6 employees for group health benefits shall be deposited in the
7 Local Government Health Insurance Reserve Fund.
8 (k) Any domestic violence shelter or service within the
9 State of Illinois may apply to the Director to have its
10 employees, annuitants, and their dependents provided group
11 health coverage under this Act on a non-insured basis. To
12 participate, a domestic violence shelter or service must
13 agree to enroll all of its employees and pay the entire cost
14 of providing such coverage for its employees. A
15 participating domestic violence shelter may also elect to
16 cover its annuitants. Dependent coverage shall be offered on
17 an optional basis, with employees, or some combination of the
18 2 as determined by the domestic violence shelter or service.
19 The domestic violence shelter or service shall be responsible
20 for timely collection and transmission of dependent premiums.
21 The Director shall annually determine rates of payment,
22 subject to the following constraints:
23 (1) In the first year of coverage, the rates shall
24 be equal to the amount normally charged to State
25 employees for elected optional coverages or for enrolled
26 dependents coverages or other contributory coverages on
27 behalf of its employees, adjusted for differences between
28 State employees and employees of the domestic violence
29 shelter or service in age, sex, geographic location or
30 other relevant demographic variables, plus an amount
31 sufficient to pay for the additional administrative costs
32 of providing coverage to employees of the domestic
33 violence shelter or service and their dependents.
34 (2) In subsequent years, a further adjustment shall
-37- LRB9111045EGfg
1 be made to reflect the actual prior years' claims
2 experience of the employees of the domestic violence
3 shelter or service.
4 Monthly payments by the domestic violence shelter or
5 service or its employees for group health insurance shall be
6 deposited in the Local Government Health Insurance Reserve
7 Fund.
8 (l) A public community college or entity organized
9 pursuant to the Public Community College Act may apply to the
10 Director initially to have only annuitants not covered prior
11 to July 1, 1992 by the district's health plan provided health
12 coverage under this Act on a non-insured basis. The
13 community college must execute a 2-year contract to
14 participate in the Local Government Health Plan. Any
15 annuitant may enroll in the event of a qualifying change in
16 status, special enrollment, special circumstance as defined
17 by the Director, or during the annual Benefit Choice Period.
18 The Director shall annually determine monthly rates of
19 payment subject to the following constraints: for those
20 community colleges with annuitants only enrolled, first year
21 rates shall be equal to the average cost to cover claims for
22 a State member adjusted for demographics, Medicare
23 participation, and other factors; and in the second year, a
24 further adjustment of rates shall be made to reflect the
25 actual first year's claims experience of the covered
26 annuitants.
27 (l-5) The provisions of subsection (l) become
28 inoperative on July 1, 1999.
29 (m) The Director shall adopt any rules deemed necessary
30 for implementation of this amendatory Act of 1989 (Public Act
31 86-978).
32 (Source: P.A. 90-65, eff. 7-7-97; 90-582, eff. 5-27-98;
33 90-655, eff. 7-30-98; 91-280, eff. 7-23-99; 91-311; eff.
34 7-29-99; 91-357, eff. 7-29-99; 91-390, eff. 7-30-99; 91-395,
-38- LRB9111045EGfg
1 eff. 7-30-99; 91-617, eff. 8-19-99; revised 8-31-99.)
2 Section 10. The Election Code is amended by changing
3 Section 7-10 as follows:
4 (10 ILCS 5/7-10) (from Ch. 46, par. 7-10)
5 Sec. 7-10. Form of petition for nomination. The name of
6 no candidate for nomination, or State central committeeman,
7 or township committeeman, or precinct committeeman, or ward
8 committeeman or candidate for delegate or alternate delegate
9 to national nominating conventions, shall be printed upon the
10 primary ballot unless a petition for nomination has been
11 filed in his behalf as provided in this Article in
12 substantially the following form:
13 We, the undersigned, members of and affiliated with the
14 .... party and qualified primary electors of the .... party,
15 in the .... of ...., in the county of .... and State of
16 Illinois, do hereby petition that the following named person
17 or persons shall be a candidate or candidates of the ....
18 party for the nomination for (or in case of committeemen for
19 election to) the office or offices hereinafter specified, to
20 be voted for at the primary election to be held on (insert
21 date).
22 Name Office Address
23 John Jones Governor Belvidere, Ill.
24 Thomas Smith Attorney General Oakland, Ill.
25 Name.................. Address.......................
26 State of Illinois)
27 ) ss.
28 County of........)
29 I, ...., do hereby certify that I am a registered voter
30 and have been a registered voter at all times I have
31 circulated this petition, that I reside at No. .... street,
32 in the .... of ...., county of ...., and State of Illinois,
-39- LRB9111045EGfg
1 and that the signatures on this sheet were signed in my
2 presence, and are genuine, and that to the best of my
3 knowledge and belief the persons so signing were at the time
4 of signing the petitions qualified voters of the .... party,
5 and that their respective residences are correctly stated, as
6 above set forth.
7 .........................
8 Subscribed and sworn to before me on (insert date).
9 .........................
10 Each sheet of the petition other than the statement of
11 candidacy and candidate's statement shall be of uniform size
12 and shall contain above the space for signatures an
13 appropriate heading giving the information as to name of
14 candidate or candidates, in whose behalf such petition is
15 signed; the office, the political party represented and place
16 of residence; and the heading of each sheet shall be the
17 same.
18 Such petition shall be signed by qualified primary
19 electors residing in the political division for which the
20 nomination is sought in their own proper persons only and
21 opposite the signature of each signer, his residence address
22 shall be written or printed. The residence address required
23 to be written or printed opposite each qualified primary
24 elector's name shall include the street address or rural
25 route number of the signer, as the case may be, as well as
26 the signer's county, and city, village or town, and state.
27 However the county or city, village or town, and state of
28 residence of the electors may be printed on the petition
29 forms where all of the electors signing the petition reside
30 in the same county or city, village or town, and state.
31 Standard abbreviations may be used in writing the residence
32 address, including street number, if any. At the bottom of
33 each sheet of such petition shall be added a statement signed
34 by a registered voter of the political division, who has been
-40- LRB9111045EGfg
1 a registered voter at all times he or she circulated the
2 petition, for which the candidate is seeking a nomination,
3 stating the street address or rural route number of the
4 voter, as the case may be, as well as the voter's county, and
5 city, village or town, and state; and certifying that the
6 signatures on that sheet of the petition were signed in his
7 presence; and either (1) indicating the dates on which that
8 sheet was circulated, or (2) indicating the first and last
9 dates on which the sheet was circulated, or (3) certifying
10 that none of the signatures on the sheet were signed more
11 than 90 days preceding the last day for the filing of the
12 petition, or more than 45 days preceding the last day for
13 filing of the petition in the case of political party and
14 independent candidates for single or multi-county regional
15 superintendents of schools in the 1994 general primary
16 election; and certifying that the signatures on the sheet are
17 genuine, and certifying that to the best of his knowledge
18 and belief the persons so signing were at the time of signing
19 the petitions qualified voters of the political party for
20 which a nomination is sought. Such statement shall be sworn
21 to before some officer authorized to administer oaths in this
22 State.
23 No petition sheet shall be circulated more than 90 days
24 preceding the last day provided in Section 7-12 for the
25 filing of such petition, or more than 45 days preceding the
26 last day for filing of the petition in the case of political
27 party and independent candidates for single or multi-county
28 regional superintendents of schools in the 1994 general
29 primary election.
30 The person circulating the petition, or the candidate on
31 whose behalf the petition is circulated, may strike any
32 signature from the petition, provided that:;
33 (1) the person striking the signature shall initial
34 the petition at the place where the signature is struck;
-41- LRB9111045EGfg
1 and
2 (2) the person striking the signature shall sign a
3 certification listing the page number and line number of
4 each signature struck from the petition. Such
5 certification shall be filed as a part of the petition.
6 Such sheets before being filed shall be neatly fastened
7 together in book form, by placing the sheets in a pile and
8 fastening them together at one edge in a secure and suitable
9 manner, and the sheets shall then be numbered consecutively.
10 The sheets shall not be fastened by pasting them together end
11 to end, so as to form a continuous strip or roll. All
12 petition sheets which are filed with the proper local
13 election officials, election authorities or the State Board
14 of Elections shall be the original sheets which have been
15 signed by the voters and by the circulator thereof, and not
16 photocopies or duplicates of such sheets. Each petition must
17 include as a part thereof, a statement of candidacy for each
18 of the candidates filing, or in whose behalf the petition is
19 filed. This statement shall set out the address of such
20 candidate, the office for which he is a candidate, shall
21 state that the candidate is a qualified primary voter of the
22 party to which the petition relates and is qualified for the
23 office specified (in the case of a candidate for State's
24 Attorney it shall state that the candidate is at the time of
25 filing such statement a licensed attorney-at-law of this
26 State), shall state that he has filed (or will file before
27 the close of the petition filing period) a statement of
28 economic interests as required by the Illinois Governmental
29 Ethics Act, shall request that the candidate's name be placed
30 upon the official ballot, and shall be subscribed and sworn
31 to by such candidate before some officer authorized to take
32 acknowledgment of deeds in the State and shall be in
33 substantially the following form:
34 Statement of Candidacy
-42- LRB9111045EGfg
1 Name Address Office District Party
2 John Jones 102 Main St. Governor Statewide Republican
3 Belvidere,
4 Illinois
5 State of Illinois)
6 ) ss.
7 County of .......)
8 I, ...., being first duly sworn, say that I reside at
9 .... Street in the city (or village) of ...., in the county
10 of ...., State of Illinois; that I am a qualified voter
11 therein and am a qualified primary voter of the .... party;
12 that I am a candidate for nomination (for election in the
13 case of committeeman and delegates and alternate delegates)
14 to the office of .... to be voted upon at the primary
15 election to be held on (insert date); that I am legally
16 qualified (including being the holder of any license that may
17 be an eligibility requirement for the office I seek the
18 nomination for) to hold such office and that I have filed (or
19 I will file before the close of the petition filing period) a
20 statement of economic interests as required by the Illinois
21 Governmental Ethics Act and I hereby request that my name be
22 printed upon the official primary ballot for nomination for
23 (or election to in the case of committeemen and delegates and
24 alternate delegates) such office.
25 Signed ......................
26 Subscribed and sworn to (or affirmed) before me by ....,
27 who is to me personally known, on (insert date).
28 Signed ....................
29 (Official Character)
30 (Seal, if officer has one.)
31 The petitions, when filed, shall not be withdrawn or
32 added to, and no signatures shall be revoked except by
33 revocation filed in writing with the State Board of
-43- LRB9111045EGfg
1 Elections, election authority or local election official with
2 whom the petition is required to be filed, and before the
3 filing of such petition. Whoever forges the name of a signer
4 upon any petition required by this Article is deemed guilty
5 of a forgery and on conviction thereof shall be punished
6 accordingly.
7 Petitions of candidates for nomination for offices herein
8 specified, to be filed with the same officer, may contain the
9 names of 2 or more candidates of the same political party for
10 the same or different offices.
11 Such petitions for nominations shall be signed:
12 (a) If for a State office, or for delegate or
13 alternate delegate to be elected from the State at large
14 to a National nominating convention by not less than
15 5,000 nor more than 10,000 primary electors of his party.
16 (b) If for a congressional officer or for delegate
17 or alternate delegate to be elected from a congressional
18 district to a national nominating convention by at least
19 .5% of the qualified primary electors of his party in his
20 congressional district, except that for the first primary
21 following a redistricting of congressional districts such
22 petitions shall be signed by at least 600 qualified
23 primary electors of the candidate's party in his
24 congressional district.
25 (c) If for a county office (including county board
26 member and chairman of the county board where elected
27 from the county at large), by at least .5% of the
28 qualified electors of his party cast at the last
29 preceding general election in his county. However, if
30 for the nomination for county commissioner of Cook
31 County, then by at least .5% of the qualified primary
32 electors of his or her party in his or her county in the
33 district or division in which such person is a candidate
34 for nomination; and if for county board member from a
-44- LRB9111045EGfg
1 county board district, then by at least .5% of the
2 qualified primary electors of his party in the county
3 board district. In the case of an election for county
4 board member to be elected from a district, for the first
5 primary following a redistricting of county board
6 districts or the initial establishment of county board
7 districts, then by at least .5% of the qualified electors
8 of his party in the entire county at the last preceding
9 general election, divided by the number of county board
10 districts, but in any event not less than 25 qualified
11 primary electors of his party in the district.
12 (d) If for a municipal or township office by at
13 least .5% of the qualified primary electors of his party
14 in the municipality or township; if for alderman, by at
15 least .5% of the voters of his party of his ward. In the
16 case of an election for alderman or trustee of a
17 municipality to be elected from a ward or district, for
18 the first primary following a redistricting or the
19 initial establishment of wards or districts, then by .5%
20 of the total number of votes cast for the candidate of
21 such political party who received the highest number of
22 votes in the entire municipality at the last regular
23 election at which an officer was regularly scheduled to
24 be elected from the entire municipality, divided by the
25 number of wards or districts, but in any event not less
26 than 25 qualified primary electors of his party in the
27 ward or district.
28 (e) If for State central committeeman, by at least
29 100 of the primary electors of his or her party of his or
30 her congressional district.
31 (f) If for a candidate for trustee of a sanitary
32 district in which trustees are not elected from wards, by
33 at least .5% of the primary electors of his party, from
34 such sanitary district.
-45- LRB9111045EGfg
1 (g) If for a candidate for trustee of a sanitary
2 district in which the trustees are elected from wards, by
3 at least .5% of the primary electors of his party in his
4 ward of such sanitary district, except that for the first
5 primary following a reapportionment of the district such
6 petitions shall be signed by at least 150 qualified
7 primary electors of the candidate's ward of such sanitary
8 district.
9 (h) If The number of signatures required for a
10 candidate for judicial office in a district, circuit, or
11 subcircuit, by a number of primary electors at least
12 equal to shall be 0.25% of the number of votes cast for
13 the judicial candidate of his or her political party who
14 received the highest number of votes at the last regular
15 general election at which a judicial officer from the
16 same district, circuit, or subcircuit was regularly
17 scheduled to be elected, but in no event fewer shall be
18 less than 500 signatures.
19 (i) If for a candidate for precinct committeeman,
20 by at least 10 primary electors of his or her party of
21 his or her precinct; if for a candidate for ward
22 committeeman, by not less than 10% nor more than 16% (or
23 50 more than the minimum, whichever is greater) of the
24 primary electors of his party of his ward; if for a
25 candidate for township committeeman, by not less than 5%
26 nor more than 8% (or 50 more than the minimum, whichever
27 is greater) of the primary electors of his party in his
28 township or part of a township as the case may be.
29 (j) If for a candidate for State's Attorney or
30 Regional Superintendent of Schools to serve 2 or more
31 counties, by at least .5% of the primary electors of his
32 party in the territory comprising such counties.
33 (k) If for any other office by at least .5% of the
34 total number of registered voters of the political
-46- LRB9111045EGfg
1 subdivision, district or division for which the
2 nomination is made or a minimum of 25, whichever is
3 greater.
4 For the purposes of this Section the number of primary
5 electors shall be determined by taking the total vote cast,
6 in the applicable district, for the candidate for such
7 political party who received the highest number of votes,
8 state-wide, at the last general election in the State at
9 which electors for President of the United States were
10 elected. For political subdivisions, the number of primary
11 electors shall be determined by taking the total vote cast
12 for the candidate for such political party who received the
13 highest number of votes in such political subdivision at the
14 last regular election at which an officer was regularly
15 scheduled to be elected from that subdivision. For wards or
16 districts of political subdivisions, the number of primary
17 electors shall be determined by taking the total vote cast
18 for the candidate for such political party who received the
19 highest number of votes in such ward or district at the last
20 regular election at which an officer was regularly scheduled
21 to be elected from that ward or district.
22 A "qualified primary elector" of a party may not sign
23 petitions for or be a candidate in the primary of more than
24 one party.
25 (Source: P.A. 91-57, eff. 6-30-99; 91-357, eff. 7-29-99;
26 91-358, eff. 7-29-99; revised 8-17-99.)
27 Section 11. The Civil Administrative Code of Illinois is
28 amended by changing the heading to Article 1, adding Section
29 1-2 and changing Sections 1-5, 5-300, 5-310, 5-315, 5-320,
30 5-325, 5-330, 5-335, 5-340, 5-345, 5-350, 5-355, 5-360,
31 5-365, 5-370, 5-375, 5-385, 5-390, 5-395, 5-400, 5-405,
32 5-410, 5-415, 5-420, 5-525, and 5-550 as follows:
-47- LRB9111045EGfg
1 (20 ILCS 5/Art. 1 heading)
2 ARTICLE 1. SHORT TITLE AND GENERAL PROVISIONS
3 (20 ILCS 5/1-2 new)
4 Sec. 1-2. Article short title. This Article may be cited
5 as the General Provisions Article of the Civil Administrative
6 Code of Illinois.
7 (20 ILCS 5/1-5)
8 Sec. 1-5. Articles. The Civil Administrative Code of
9 Illinois consists of the following Articles:
10 Article 1. Short title and General Provisions (20 ILCS
11 5/1-1 and following).
12 Article 5. Departments of State Government Law (20 ILCS
13 5/5-1 and following).
14 Article 50. State Budget Law (15 ILCS 20/ 50/).
15 Article 110. Department on Aging Law (20 ILCS 110/).
16 Article 205. Department of Agriculture Law (20 ILCS
17 205/).
18 Article 250. State Fair Grounds Title Law (5 ILCS 620/
19 250/).
20 Article 310. Department of Human Services (Alcoholism and
21 Substance Abuse) Law (20 ILCS 310/).
22 Article 405. Department of Central Management Services
23 Law (20 ILCS 405/).
24 Article 510. Department of Children and Family Services
25 Powers Law (20 ILCS 510/).
26 Article 605. Department of Commerce and Community Affairs
27 Law (20 ILCS 605/).
28 Article 805. Department of Natural Resources
29 (Conservation) Law (20 ILCS 805/).
30 Article 1005. Department of Employment Security Law (20
31 ILCS 1005/).
32 Article 1405. Department of Insurance Law (20 ILCS
-48- LRB9111045EGfg
1 1405/).
2 Article 1505. Department of Labor Law (20 ILCS 1505/).
3 Article 1710. Department of Human Services (Mental Health
4 and Developmental Disabilities) Law (20 ILCS 1710/).
5 Article 1905. Department of Natural Resources (Mines and
6 Minerals) Law (20 ILCS 1905/).
7 Article 2005. Department of Nuclear Safety Law (20 ILCS
8 2005/).
9 Article 2105. Department of Professional Regulation Law
10 (20 ILCS 2105/).
11 Article 2205. Department of Public Aid Law (20 ILCS
12 2205/).
13 Article 2310. Department of Public Health Powers and
14 Duties Law (20 ILCS 2310/).
15 Article 2505. Department of Revenue Law (20 ILCS 2505/).
16 Article 2605. Department of State Police Law (20 ILCS
17 2605/).
18 Article 2705. Department of Transportation Law (20 ILCS
19 2705/).
20 Article 3000. University of Illinois Exercise of
21 Functions and Duties Law (110 ILCS 355/).
22 (Source: P.A. 91-239, eff. 1-1-00; revised 7-27-99.)
23 (20 ILCS 5/5-300) (was 20 ILCS 5/9)
24 Sec. 5-300. Officers' qualifications and salaries. The
25 executive and administrative officers, whose offices are
26 created by this Act, must have the qualifications prescribed
27 by law and shall receive annual salaries, payable in equal
28 monthly installments, as designated in the Sections following
29 this Section and preceding Section 5-500 9.31. If set by the
30 Governor, those annual salaries may not exceed 85% of the
31 Governor's annual salary.
32 (Source: P.A. 91-25, eff. 6-9-99; 91-239, eff. 1-1-00;
33 revised 8-2-99.)
-49- LRB9111045EGfg
1 (20 ILCS 5/5-310) (was 20 ILCS 5/9.21)
2 Sec. 5-310. In the Department on Aging. The Director of
3 Aging shall receive an annual salary as set by the Governor
4 from time to time or as set by the Compensation Review Board,
5 whichever is greater.
6 (Source: P.A. 91-25, eff. 6-9-99; 91-239, eff. 1-1-00;
7 revised 8-1-99.)
8 (20 ILCS 5/5-315) (was 20 ILCS 5/9.02)
9 Sec. 5-315. In the Department of Agriculture. The
10 Director of Agriculture shall receive an annual salary as set
11 by the Governor from time to time or as set by the
12 Compensation Review Board, whichever is greater.
13 The Assistant Director of Agriculture shall receive an
14 annual salary as set by the Governor from time to time or as
15 set by the Compensation Review Board, whichever is greater.
16 (Source: P.A. 91-25, eff. 6-9-99; 91-239, eff. 1-1-00;
17 revised 8-1-99.)
18 (20 ILCS 5/5-320) (was 20 ILCS 5/9.19)
19 Sec. 5-320. In the Department of Central Management
20 Services. The Director of Central Management Services shall
21 receive an annual salary as set by the Governor from time to
22 time or an amount set by the Compensation Review Board,
23 whichever is greater.
24 Each Assistant Director of Central Management Services
25 shall receive an annual salary as set by the Governor from
26 time to time or an amount set by the Compensation Review
27 Board, whichever is greater.
28 (Source: P.A. 91-25, eff. 6-9-99; 91-239, eff. 1-1-00;
29 revised 8-1-99.)
30 (20 ILCS 5/5-325) (was 20 ILCS 5/9.16)
31 Sec. 5-325. In the Department of Children and Family
-50- LRB9111045EGfg
1 Services. The Director of Children and Family Services shall
2 receive an annual salary as set by the Governor from time to
3 time or as set by the Compensation Review Board, whichever is
4 greater.
5 (Source: P.A. 91-25, eff. 6-9-99; 91-239, eff. 1-1-00;
6 revised 8-1-99.)
7 (20 ILCS 5/5-330) (was 20 ILCS 5/9.18)
8 Sec. 5-330. In the Department of Commerce and Community
9 Affairs. The Director of Commerce and Community Affairs
10 shall receive an annual salary as set by the Governor from
11 time to time or as set by the Compensation Review Board,
12 whichever is greater.
13 The Assistant Director of Commerce and Community Affairs
14 shall receive an annual salary as set by the Governor from
15 time to time or as set by the Compensation Review Board,
16 whichever is greater.
17 (Source: P.A. 91-25, eff. 6-9-99; 91-239, eff. 1-1-00;
18 revised 8-1-99.)
19 (20 ILCS 5/5-335) (was 20 ILCS 5/9.11a)
20 Sec. 5-335. In the Department of Corrections. The
21 Director of Corrections shall receive an annual salary as set
22 by the Governor from time to time or as set by the
23 Compensation Review Board, whichever is greater.
24 The Assistant Director of Corrections - Juvenile Division
25 shall receive an annual salary as set by the Governor from
26 time to time or as set by the Compensation Review Board,
27 whichever is greater.
28 The Assistant Director of Corrections - Adult Division
29 shall receive an annual salary as set by the Governor from
30 time to time or as set by the Compensation Review Board,
31 whichever is greater.
32 (Source: P.A. 91-25, eff. 6-9-99; 91-239, eff. 1-1-00;
-51- LRB9111045EGfg
1 revised 8-1-99.)
2 (20 ILCS 5/5-340) (was 20 ILCS 5/9.30)
3 Sec. 5-340. In the Department of Employment Security.
4 The Director of Employment Security shall receive an annual
5 salary of as set by the Governor from time to time or an
6 amount set by the Compensation Review Board, whichever is
7 greater.
8 Each member of the Board of Review shall receive $15,000.
9 (Source: P.A. 91-25, eff. 6-9-99; 91-239, eff. 1-1-00;
10 revised 8-1-99.)
11 (20 ILCS 5/5-345) (was 20 ILCS 5/9.15)
12 Sec. 5-345. In the Department of Financial Institutions.
13 The Director of Financial Institutions shall receive an
14 annual salary as set by the Governor from time to time or as
15 set by the Compensation Review Board, whichever is greater.
16 The Assistant Director of Financial Institutions shall
17 receive an annual salary as set by the Governor from time to
18 time or as set by the Compensation Review Board, whichever is
19 greater.
20 (Source: P.A. 91-25, eff. 6-9-99; 91-239, eff. 1-1-00;
21 revised 8-1-99.)
22 (20 ILCS 5/5-350) (was 20 ILCS 5/9.24)
23 Sec. 5-350. In the Department of Human Rights. The
24 Director of Human Rights shall receive an annual salary as
25 set by the Governor from time to time or as set by the
26 Compensation Review Board, whichever is greater.
27 (Source: P.A. 91-25, eff. 6-9-99; 91-239, eff. 1-1-00;
28 revised 8-1-99.)
29 (20 ILCS 5/5-355) (was 20 ILCS 5/9.05a)
30 Sec. 5-355. In the Department of Human Services. The
-52- LRB9111045EGfg
1 Secretary of Human Services shall receive an annual salary as
2 set by the Governor from time to time 5-335 Law or such other
3 amount as may be set by the Compensation Review Board,
4 whichever is greater.
5 The Assistant Secretaries of Human Services shall each
6 receive an annual salary as set by the Governor from time to
7 time 5-395 Law or such other amount as may be set by the
8 Compensation Review Board, whichever is greater.
9 (Source: P.A. 91-25, eff. 6-9-99; 91-239, eff. 1-1-00;
10 revised 8-1-99.)
11 (20 ILCS 5/5-360) (was 20 ILCS 5/9.10)
12 Sec. 5-360. In the Department of Insurance. The Director
13 of Insurance shall receive an annual salary as set by the
14 Governor from time to time or as set by the Compensation
15 Review Board, whichever is greater.
16 The Assistant Director of Insurance shall receive an
17 annual salary as set by the Governor from time to time or as
18 set by the Compensation Review Board, whichever is greater.
19 (Source: P.A. 91-25, eff. 6-9-99; 91-239, eff. 1-1-00;
20 revised 8-1-99.)
21 (20 ILCS 5/5-365) (was 20 ILCS 5/9.03)
22 Sec. 5-365. In the Department of Labor. The Director of
23 Labor shall receive an annual salary as set by the Governor
24 from time to time or as set by the Compensation Review Board,
25 whichever is greater.
26 The Assistant Director of Labor shall receive an annual
27 salary as set by the Governor from time to time or as set by
28 the Compensation Review Board, whichever is greater.
29 The Chief Factory Inspector shall receive $24,700 from
30 the third Monday in January, 1979 to the third Monday in
31 January, 1980, and $25,000 thereafter, or as set by the
32 Compensation Review Board, whichever is greater.
-53- LRB9111045EGfg
1 The Superintendent of Safety Inspection and Education
2 shall receive $27,500, or as set by the Compensation Review
3 Board, whichever is greater.
4 The Superintendent of Women's and Children's Employment
5 shall receive $22,000 from the third Monday in January, 1979
6 to the third Monday in January, 1980, and $22,500 thereafter,
7 or as set by the Compensation Review Board, whichever is
8 greater.
9 (Source: P.A. 91-25, eff. 6-9-99; 91-239, eff. 1-1-00;
10 revised 8-1-99.)
11 (20 ILCS 5/5-370) (was 20 ILCS 5/9.31)
12 Sec. 5-370. In the Department of the Lottery. The
13 Director of the Lottery shall receive an annual salary as set
14 by the Governor from time to time or an amount set by the
15 Compensation Review Board, whichever is greater.
16 (Source: P.A. 91-25, eff. 6-9-99; 91-239, eff. 1-1-00;
17 revised 8-1-99.)
18 (20 ILCS 5/5-375) (was 20 ILCS 5/9.09)
19 Sec. 5-375. In the Department of Natural Resources. The
20 Director of Natural Resources shall continue to receive the
21 annual salary set by law for the Director of Conservation
22 until January 20, 1997. Beginning on that date, the Director
23 of Natural Resources shall receive an annual salary as set by
24 the Governor from time to time or the amount set by the
25 Compensation Review Board, whichever is greater.
26 The Assistant Director of Natural Resources shall
27 continue to receive the annual salary set by law for the
28 Assistant Director of Conservation until January 20, 1997.
29 Beginning on that date, the Assistant Director of Natural
30 Resources shall receive an annual salary as set by the
31 Governor from time to time or the amount set by the
32 Compensation Review Board, whichever is greater.
-54- LRB9111045EGfg
1 (Source: P.A. 91-25, eff. 6-9-99; 91-239, eff. 1-1-00;
2 revised 8-1-99.)
3 (20 ILCS 5/5-385) (was 20 ILCS 5/9.25)
4 Sec. 5-385. In the Department of Nuclear Safety. The
5 Director of Nuclear Safety shall receive an annual salary as
6 set by the Governor from time to time or as set by the
7 Compensation Review Board, whichever is greater.
8 (Source: P.A. 91-25, eff. 6-9-99; 91-239, eff. 1-1-00;
9 revised 8-1-99.)
10 (20 ILCS 5/5-390) (was 20 ILCS 5/9.08)
11 Sec. 5-390. In the Department of Professional Regulation.
12 The Director of Professional Regulation shall receive an
13 annual salary as set by the Governor from time to time or as
14 set by the Compensation Review Board, whichever is greater.
15 (Source: P.A. 91-25, eff. 6-9-99; 91-239, eff. 1-1-00;
16 revised 8-1-99.)
17 (20 ILCS 5/5-395) (was 20 ILCS 5/9.17)
18 Sec. 5-395. In the Department of Public Aid. The
19 Director of Public Aid shall receive an annual salary as set
20 by the Governor from time to time or as set by the
21 Compensation Review Board, whichever is greater.
22 The Assistant Director of Public Aid shall receive an
23 annual salary as set by the Governor from time to time or as
24 set by the Compensation Review Board, whichever is greater.
25 (Source: P.A. 91-25, eff. 6-9-99; 91-239, eff. 1-1-00;
26 revised 8-1-99.)
27 (20 ILCS 5/5-400) (was 20 ILCS 5/9.07)
28 Sec. 5-400. In the Department of Public Health. The
29 Director of Public Health shall receive an annual salary as
30 set by the Governor from time to time or as set by the
-55- LRB9111045EGfg
1 Compensation Review Board, whichever is greater.
2 The Assistant Director of Public Health shall receive an
3 annual salary as set by the Governor from time to time or as
4 set by the Compensation Review Board, whichever is greater.
5 (Source: P.A. 91-25, eff. 6-9-99; 91-239, eff. 1-1-00;
6 revised 8-1-99.)
7 (20 ILCS 5/5-405) (was 20 ILCS 5/9.12)
8 Sec. 5-405. In the Department of Revenue. The Director
9 of Revenue shall receive an annual salary as set by the
10 Governor from time to time or as set by the Compensation
11 Review Board, whichever is greater.
12 The Assistant Director of Revenue shall receive an annual
13 salary as set by the Governor from time to time or as set by
14 the Compensation Review Board, whichever is greater.
15 Beginning July 1, 1990, the annual salary of the Taxpayer
16 Ombudsman shall be the greater of an amount set by the
17 Compensation Review Board or $69,000, adjusted each July 1
18 thereafter by a percentage increase equivalent to that of the
19 "Employment Cost Index, Wages and Salaries, By Occupation and
20 Industry Groups: State and Local Government Workers: Public
21 Administration" as published by the Bureau of Labor
22 Statistics of the U.S. Department of Labor for the calendar
23 year immediately preceding the year of the respective July
24 1st increase date, the increase to be no less than zero nor
25 greater than 5% and to be added to the then current annual
26 salary.
27 (Source: P.A. 91-25, eff. 6-9-99; 91-239, eff. 1-1-00;
28 revised 8-1-99.)
29 (20 ILCS 5/5-410) (was 20 ILCS 5/9.11)
30 Sec. 5-410. In the Department of State Police. The
31 Director of State Police shall receive an annual salary as
32 set by the Governor from time to time or as set by the
-56- LRB9111045EGfg
1 Compensation Review Board, whichever is greater.
2 The Assistant Director of State Police shall receive an
3 annual salary as set by the Governor from time to time or as
4 set by the Compensation Review Board, whichever is greater.
5 (Source: P.A. 91-25, eff. 6-9-99; 91-239, eff. 1-1-00;
6 revised 8-1-99.)
7 (20 ILCS 5/5-415) (was 20 ILCS 5/9.05)
8 Sec. 5-415. In the Department of Transportation. The
9 Secretary of Transportation shall receive an annual salary as
10 set by the Governor from time to time or as set by the
11 Compensation Review Board, whichever is greater.
12 The Assistant Secretary of Transportation shall receive
13 an annual salary as set by the Governor from time to time or
14 as set by the Compensation Review Board, whichever is
15 greater.
16 (Source: P.A. 91-25, eff. 6-9-99; 91-239, eff. 1-1-00;
17 revised 8-1-99.)
18 (20 ILCS 5/5-420) (was 20 ILCS 5/9.22)
19 Sec. 5-420. In the Department of Veterans' Affairs. The
20 Director of Veterans' Affairs shall receive an annual salary
21 as set by the Governor from time to time or as set by the
22 Compensation Review Board, whichever is greater.
23 The Assistant Director of Veterans' Affairs shall receive
24 an annual salary as set by the Governor from time to time or
25 as set by the Compensation Review Board, whichever is
26 greater.
27 (Source: P.A. 91-25, eff. 6-9-99; 91-239, eff. 1-1-00;
28 revised 8-1-99.)
29 (20 ILCS 5/5-525) (was 20 ILCS 5/6.01)
30 Sec. 5-525. In the Department of Agriculture.
31 (a) A Board of Agricultural Advisors composed of 17
-57- LRB9111045EGfg
1 persons engaged in agricultural industries, including
2 representatives of the agricultural press and of the State
3 Agricultural Experiment Station.
4 (b) An Advisory Board of Livestock Commissioners to
5 consist of 25 persons. The Board shall consist of the
6 administrator of animal disease programs, the Dean of the
7 College of Agriculture of the University of Illinois, the
8 Dean of the College of Veterinary Medicine of the University
9 of Illinois, and commencing on January 1, 1990 the Deans or
10 Chairmen of the Colleges or Departments of Agriculture of
11 Illinois State University, Southern Illinois University, and
12 Western Illinois University in that order who shall each
13 serve for 1 year terms, provided that commencing on January
14 1, 1993 such terms shall be for 2 years in the same order,
15 the Director of Public Health, the Director of Natural
16 Resources, the chairman of the Agriculture, Conservation and
17 Energy Committee of the Senate, and the chairman of the
18 Committee on Agriculture of the House of Representatives, who
19 shall ex-officio be members of the Board, and 17 additional
20 persons interested in the prevention, elimination and control
21 of diseases of domestic animals and poultry who shall be
22 appointed by the Governor to serve at the Governor's
23 pleasure. An appointed member's office becomes vacant upon
24 the member's absence from 3 consecutive meetings. Of the 17
25 additional persons, one shall be a representative of breeders
26 of beef cattle, one shall be a representative of breeders of
27 dairy cattle, one shall be a representative of breeders of
28 dual purpose cattle, one shall be a representative of
29 breeders of swine, one shall be a representative of poultry
30 breeders, one shall be a representative of sheep breeders,
31 one shall be a veterinarian licensed in this State, one shall
32 be a representative of general or diversified farming, one
33 shall be a representative of deer or elk breeders, one shall
34 be a representative of livestock auction markets, one shall
-58- LRB9111045EGfg
1 be a representative of cattle feeders, one shall be a
2 representative of pork producers, one shall be a
3 representative of the State licensed meat packers, one shall
4 be a representative of canine breeders, one shall be a
5 representative of equine breeders, one shall be a
6 representative of the Illinois licensed renderers, and one
7 shall be a representative of livestock dealers. The members
8 shall receive no compensation but shall be reimbursed for
9 expenses necessarily incurred in the performance of their
10 duties. In the appointment of the Advisory Board of
11 Livestock Commissioners, the Governor shall consult with
12 representative persons and recognized organizations in the
13 respective fields concerning the appointments.
14 Rules and regulations of the Department of Agriculture
15 pertaining to the prevention, elimination, and control of
16 diseases of domestic animals and poultry shall be submitted
17 to the Advisory Board of Livestock Commissioners for approval
18 at its duly called meeting. The chairman of the Board shall
19 certify the official minutes of the Board's action and shall
20 file the certified minutes with the Department of Agriculture
21 within 30 days after the proposed rules and regulations are
22 submitted and before they are promulgated and made effective.
23 If the Board fails to take action within 30 days this
24 limitation shall not apply and the rules and regulations may
25 be promulgated and made effective. In the event it is deemed
26 desirable, the Board may hold hearings upon the rules and
27 regulations or proposed revisions. The Board members shall be
28 familiar with the Acts relating to the prevention,
29 elimination, and control of diseases among domestic animals
30 and poultry. The Department shall, upon the request of a
31 Board member, advise the Board concerning the administration
32 of the respective Acts.
33 The Director of Agriculture or his representative from
34 the Department shall act as chairman of the Board. The
-59- LRB9111045EGfg
1 Director shall call meetings of the Board from time to time
2 or when requested by 3 or more appointed members of the
3 Board. A quorum of appointed members must be present to
4 convene an official meeting. The chairman and ex-officio
5 members shall not be included in a quorum call. Ex-officio
6 members may be represented by a duly authorized
7 representative from their department, division, college, or
8 committee. Appointed members shall not be represented at a
9 meeting by another person. Ex-officio members and appointed
10 members shall have the right to vote on all proposed rules
11 and regulations; voting that in effect would pertain to
12 approving rules and regulations shall be taken by an oral
13 roll call. No member shall vote by proxy. The chairman
14 shall not vote except in the case of a tie vote. Any
15 ex-officio or appointed member may ask for and shall receive
16 an oral roll call on any motion before the Board. The
17 Department shall provide a clerk to take minutes of the
18 meetings and record transactions of the Board. The Board, by
19 oral roll call, may require an official court reporter to
20 record the minutes of the meetings.
21 (Source: P.A. 91-239, eff. 1-1-00; 91-457, eff. 1-1-00;
22 revised 8-25-99.)
23 (20 ILCS 5/5-550) (was 20 ILCS 5/6.23)
24 Sec. 5-550. In the Department of Human Services. A
25 State Rehabilitation Council, hereinafter referred to as the
26 Council, is hereby established for the purpose of advising
27 the Secretary and the vocational rehabilitation administrator
28 of the provisions of the federal Rehabilitation Act of 1973
29 and the Americans with Disabilities Act of 1990 in matters
30 concerning individuals with disabilities and the provision of
31 rehabilitation services. The Council shall consist of 25
32 members appointed by the Governor after soliciting
33 recommendations from representatives of organizations
-60- LRB9111045EGfg
1 representing a broad range of individuals with disabilities
2 and organizations interested in individuals with
3 disabilities. The Governor shall appoint to this Council the
4 following:
5 (1) One representative of a parent training center
6 established in accordance with the federal Individuals
7 with Disabilities Education Act.
8 (2) One representative of the client assistance
9 program.
10 (3) One vocational rehabilitation counselor who has
11 knowledge of and experience with vocational
12 rehabilitation programs. (If an employee of the
13 Department is appointed, that appointee shall serve as an
14 ex officio, nonvoting member.)
15 (4) One representative of community rehabilitation
16 program service providers.
17 (5) Four representatives of business, industry, and
18 labor.
19 (6) Eight representatives of disability advocacy
20 groups representing a cross section of the following:
21 (A) individuals with physical, cognitive,
22 sensory, and mental disabilities; and
23 (B) parents, family members, guardians,
24 advocates, or authorized representative of
25 individuals with disabilities who have difficulty in
26 representing themselves or who are unable, due to
27 their disabilities, to represent themselves.
28 (7) One current or former applicant for, or
29 recipient of, vocational rehabilitation services.
30 (8) Three representatives from secondary or higher
31 education.
32 (9) One representative of the State Workforce
33 Investment Board.
34 (10) One representative of the Illinois State Board
-61- LRB9111045EGfg
1 of Education who is knowledgeable about the Individuals
2 with Disabilities Education Act.
3 The chairperson of, or a member designated by, the Statewide
4 Independent Living Council created under Section 12a of the
5 Disabled Persons Rehabilitation Act, the chairperson of the
6 Blind Services Planning Council created under the Bureau for
7 the Blind Act, and the vocational rehabilitation
8 administrator shall serve as ex officio members. The
9 vocational rehabilitation administrator shall have no vote.
10 The Council shall select a Chairperson.
11 The Chairperson and at least 12 other members of the
12 Council shall have a recognized disability. One member shall
13 be a senior citizen age 60 or over. A majority of the
14 Council members shall not be employees of the Department of
15 Human Services. Current members of the Rehabilitation
16 Services Council shall serve until members of the newly
17 created Council are appointed.
18 The terms of all members appointed before the effective
19 date of Public Act 88-10 shall expire on July 1, 1993. The
20 members first appointed under Public Act 88-10 shall be
21 appointed to serve for staggered terms beginning July 1,
22 1993, as follows: 7 members shall be appointed for terms of
23 3 years, 7 members shall be appointed for terms of 2 years,
24 and 6 members shall be appointed for terms of one year.
25 Thereafter, all appointments shall be for terms of 3 years.
26 Vacancies shall be filled for the unexpired term.
27 Appointments to fill vacancies in unexpired terms and new
28 terms shall be filled by the Governor or by the Council if
29 the Governor delegates that power to the Council by executive
30 order. Members shall serve until their successors are
31 appointed and qualified. No member, except the
32 representative of the client assistance program, shall serve
33 for more than 2 full terms.
34 Members shall be reimbursed for their actual expenses
-62- LRB9111045EGfg
1 incurred in the performance of their duties, including
2 expenses for travel, child care, and personal assistance
3 services, and a member who is not employed or who must
4 forfeit wages from other employment shall be paid reasonable
5 compensation for each day the member is engaged in performing
6 the duties of the Council.
7 The Council shall meet at least 4 times per year at times
8 and places designated by the Chairman upon 10 days written
9 notice to the members. Special meetings may be called by the
10 Chairperson or 7 members of the Council upon 7 days written
11 notice to the other members. Nine members shall constitute a
12 quorum. No member of the Council shall cast a vote on any
13 matter that would provide direct financial benefit to the
14 member or otherwise give the appearance of a conflict of
15 interest under Illinois law.
16 The Council shall prepare and submit to the vocational
17 rehabilitation administrator the reports and findings that
18 the vocational rehabilitation administrator or she may
19 request or that the Council deems fit. The Council shall
20 select jointly with the vocational rehabilitation
21 administrator a pool of qualified persons to serve as
22 impartial hearing officers. The Council shall, with the
23 vocational rehabilitation unit in the Department, jointly
24 develop, agree to, and review annually State goals and
25 priorities and jointly submit annual reports of progress to
26 the federal Commissioner of the Rehabilitation Services
27 Administration.
28 To the extent that there is a disagreement between the
29 Council and the unit within the Department of Human Services
30 responsible for the administration of the vocational
31 rehabilitation program, regarding the resources necessary to
32 carry out the functions of the Council as set forth in this
33 Section, the disagreement shall be resolved by the Governor.
34 (Source: P.A. 90-453, eff. 8-16-97; 91-239, eff. 1-1-00;
-63- LRB9111045EGfg
1 91-540, eff. 8-13-99; revised 8-25-99.)
2 Section 12. The Illinois Act on the Aging is amended by
3 changing Section 4.04 as follows:
4 (20 ILCS 105/4.04) (from Ch. 23, par. 6104.04)
5 (Text of Section before amendment by P.A. 91-656)
6 Sec. 4.04. Long Term Care Ombudsman Program.
7 (a) Long Term Care Ombudsman Program. The Department
8 shall establish a Long Term Care Ombudsman Program, through
9 the Office of State Long Term Care Ombudsman ("the Office"),
10 in accordance with the provisions of the Older Americans Act
11 of 1965, as now or hereafter amended.
12 (b) Definitions. As used in this Section, unless the
13 context requires otherwise:
14 (1) "Access" has the same meaning as in Section
15 1-104 of the Nursing Home Care Act, as now or hereafter
16 amended; that is, it means the right to:
17 (i) Enter any long term care facility;
18 (ii) Communicate privately and without
19 restriction with any resident who consents to the
20 communication;
21 (iii) Seek consent to communicate privately
22 and without restriction with any resident;
23 (iv) Inspect the clinical and other records of
24 a resident with the express written consent of the
25 resident;
26 (v) Observe all areas of the long term care
27 facility except the living area of any resident who
28 protests the observation.
29 (2) "Long Term Care Facility" means (i) any
30 facility as defined by Section 1-113 of the Nursing Home
31 Care Act, as now or hereafter amended; and (ii) any
32 skilled nursing facility or a nursing facility which
-64- LRB9111045EGfg
1 meets the requirements of Section 1819(a), (b), (c), and
2 (d) or Section 1919(a), (b), (c), and (d) of the Social
3 Security Act, as now or hereafter amended (42 U.S.C.
4 1395i-3(a), (b), (c), and (d) and 42 U.S.C. 1396r(a),
5 (b), (c), and (d)).
6 (3) "Ombudsman" means any person employed by the
7 Department to fulfill the requirements of the Office, or
8 any representative of a sub-State long term care
9 ombudsman program; provided that the representative,
10 whether he is paid for or volunteers his ombudsman
11 services, shall be qualified and authorized by the
12 Department to perform the duties of an ombudsman as
13 specified by the Department in rules.
14 (c) Ombudsman; rules. The Office of State Long Term Care
15 Ombudsman shall be composed of at least one full-time
16 ombudsman within the Department and shall include a system of
17 designated sub-State long term care ombudsman programs. Each
18 sub-State program shall be designated by the Department as a
19 subdivision of the Office and any representative of a
20 sub-State program shall be treated as a representative of the
21 Office.
22 The Department shall promulgate administrative rules to
23 establish the responsibilities of the Department and the
24 Office of State Long Term Care Ombudsman. The administrative
25 rules shall include the responsibility of the Office to
26 investigate and resolve complaints made by or on behalf of
27 residents of long term care facilities relating to actions,
28 inaction, or decisions of providers, or their
29 representatives, of long term care facilities, of public
30 agencies, or of social services agencies, which may adversely
31 affect the health, safety, welfare, or rights of such
32 residents. When necessary and appropriate, representatives of
33 the Office shall refer complaints to the appropriate
34 regulatory State agency.
-65- LRB9111045EGfg
1 (d) Access and visitation rights.
2 (1) In accordance with subparagraphs (A) and (E) of
3 paragraph (3) of subsection (c) of Section 1819 and
4 subparagraphs (A) and (E) of paragraph (3) of subsection
5 (c) of Section 1919 of the Social Security Act, as now or
6 hereafter amended (42 U.S.C. 1395i-3 (c)(3)(A) and (E)
7 and 42 U.S.C. 1396r (c)(3)(A) and (E)), and Section 712
8 of the Older Americans Act of 1965, as now or hereafter
9 amended (42 U.S.C. 3058f), a long term care facility
10 must:
11 (i) permit immediate access to any resident by
12 an ombudsman; and
13 (ii) permit representatives of the Office,
14 with the permission of the resident's legal
15 representative or legal guardian, to examine a
16 resident's clinical and other records, and if a
17 resident is unable to consent to such review, and
18 has no legal guardian, permit representatives of the
19 Office appropriate access, as defined by the
20 Department in administrative rules, to the
21 resident's records.
22 (2) Each long term care facility shall display, in
23 multiple, conspicuous public places within the facility
24 accessible to both visitors and patients and in an easily
25 readable format, the address and phone number of the
26 Office, in a manner prescribed by the Office.
27 (e) Immunity. An ombudsman or any other representative
28 of the Office participating in the good faith performance of
29 his or her official duties shall have immunity from any
30 liability (civil, criminal or otherwise) in any proceedings
31 (civil, criminal or otherwise) brought as a consequence of
32 the performance of his official duties.
33 (f) Business offenses.
34 (1) No person shall:
-66- LRB9111045EGfg
1 (i) Intentionally prevent, interfere with, or
2 attempt to impede in any way any representative of
3 the Office in the performance of his official duties
4 under this Act and the Older Americans Act of 1965;
5 or
6 (ii) Intentionally retaliate, discriminate
7 against, or effect reprisals against any long term
8 care facility resident or employee for contacting or
9 providing information to any representative of the
10 Office.
11 (2) A violation of this Section is a business
12 offense, punishable by a fine not to exceed $501.
13 (3) The Director of Aging shall notify the State's
14 Attorney of the county in which the long term care
15 facility is located, or the Attorney General, of any
16 violations of this Section.
17 (g) Confidentiality of records and identities. No files
18 or records maintained by the Office of State Long Term Care
19 Ombudsman shall be disclosed unless the State Ombudsman or
20 the ombudsman having the authority over the disposition of
21 such files authorizes the disclosure in writing. The
22 ombudsman shall not disclose the identity of any complainant,
23 resident, witness or employee of a long term care provider
24 involved in a complaint or report unless such person or such
25 person's guardian or legal representative consents in writing
26 to the disclosure, or the disclosure is required by court
27 order.
28 (h) Legal representation. The Attorney General shall
29 provide legal representation to any representative of the
30 Office against whom suit or other legal action is brought in
31 connection with the performance of the representative's
32 official duties, in accordance with "An Act to provide for
33 representation and indemnification in certain civil law
34 suits", approved December 3, 1977, as now or hereafter
-67- LRB9111045EGfg
1 amended.
2 (i) Treatment by prayer and spiritual means. Nothing in
3 this Act shall be construed to authorize or require the
4 medical supervision, regulation or control of remedial care
5 or treatment of any resident in a long term care facility
6 operated exclusively by and for members or adherents of any
7 church or religious denomination the tenets and practices of
8 which include reliance solely upon spiritual means through
9 prayer for healing.
10 (Source: P.A. 90-639, eff. 1-1-99; 91-174, eff. 7-16-99.)
11 (Text of Section after amendment by P.A. 91-656)
12 Sec. 4.04. Long Term Care Ombudsman Program.
13 (a) Long Term Care Ombudsman Program. The Department
14 shall establish a Long Term Care Ombudsman Program, through
15 the Office of State Long Term Care Ombudsman ("the Office"),
16 in accordance with the provisions of the Older Americans Act
17 of 1965, as now or hereafter amended.
18 (b) Definitions. As used in this Section, unless the
19 context requires otherwise:
20 (1) "Access" has the same meaning as in Section
21 1-104 of the Nursing Home Care Act, as now or hereafter
22 amended; that is, it means the right to:
23 (i) Enter any long term care facility or
24 assisted living or shared housing establishment;
25 (ii) Communicate privately and without
26 restriction with any resident who consents to the
27 communication;
28 (iii) Seek consent to communicate privately
29 and without restriction with any resident;
30 (iv) Inspect the clinical and other records of
31 a resident with the express written consent of the
32 resident;
33 (v) Observe all areas of the long term care
34 facility or assisted living or shared housing
-68- LRB9111045EGfg
1 establishment except the living area of any resident
2 who protests the observation.
3 (2) "Long Term Care Facility" means (i) any
4 facility as defined by Section 1-113 of the Nursing Home
5 Care Act, as now or hereafter amended; and (ii) any
6 skilled nursing facility or a nursing facility which
7 meets the requirements of Section 1819(a), (b), (c), and
8 (d) or Section 1919(a), (b), (c), and (d) of the Social
9 Security Act, as now or hereafter amended (42 U.S.C.
10 1395i-3(a), (b), (c), and (d) and 42 U.S.C. 1396r(a),
11 (b), (c), and (d)).
12 (2.5) "Assisted living establishment" and "shared
13 housing establishment" have the meanings given those
14 terms in Section 10 of the Assisted Living and Shared
15 Housing Act.
16 (3) "Ombudsman" means any person employed by the
17 Department to fulfill the requirements of the Office, or
18 any representative of a sub-State long term care
19 ombudsman program; provided that the representative,
20 whether he is paid for or volunteers his ombudsman
21 services, shall be qualified and authorized by the
22 Department to perform the duties of an ombudsman as
23 specified by the Department in rules.
24 (c) Ombudsman; rules. The Office of State Long Term Care
25 Ombudsman shall be composed of at least one full-time
26 ombudsman within the Department and shall include a system of
27 designated sub-State long term care ombudsman programs. Each
28 sub-State program shall be designated by the Department as a
29 subdivision of the Office and any representative of a
30 sub-State program shall be treated as a representative of the
31 Office.
32 The Department shall promulgate administrative rules to
33 establish the responsibilities of the Department and the
34 Office of State Long Term Care Ombudsman. The administrative
-69- LRB9111045EGfg
1 rules shall include the responsibility of the Office to
2 investigate and resolve complaints made by or on behalf of
3 residents of long term care facilities and assisted living
4 and shared housing establishments relating to actions,
5 inaction, or decisions of providers, or their
6 representatives, of long term care facilities, of assisted
7 living and shared housing establishments, of public agencies,
8 or of social services agencies, which may adversely affect
9 the health, safety, welfare, or rights of such residents.
10 When necessary and appropriate, representatives of the Office
11 shall refer complaints to the appropriate regulatory State
12 agency.
13 (d) Access and visitation rights.
14 (1) In accordance with subparagraphs (A) and (E) of
15 paragraph (3) of subsection (c) of Section 1819 and
16 subparagraphs (A) and (E) of paragraph (3) of subsection
17 (c) of Section 1919 of the Social Security Act, as now or
18 hereafter amended (42 U.S.C. 1395i-3 (c)(3)(A) and (E)
19 and 42 U.S.C. 1396r (c)(3)(A) and (E)), and Section 712
20 of the Older Americans Act of 1965, as now or hereafter
21 amended (42 U.S.C. 3058f), a long term care facility,
22 assisted living establishment, and shared housing
23 establishment must:
24 (i) permit immediate access to any resident by
25 an ombudsman; and
26 (ii) permit representatives of the Office,
27 with the permission of the resident's legal
28 representative or legal guardian, to examine a
29 resident's clinical and other records, and if a
30 resident is unable to consent to such review, and
31 has no legal guardian, permit representatives of the
32 Office appropriate access, as defined by the
33 Department in administrative rules, to the
34 resident's records.
-70- LRB9111045EGfg
1 (2) Each long term care facility, assisted living
2 establishment, and shared housing establishment shall
3 display, in multiple, conspicuous public places within
4 the facility accessible to both visitors and patients and
5 in an easily readable format, the address and phone
6 number of the Office, in a manner prescribed by the
7 Office.
8 (e) Immunity. An ombudsman or any other representative
9 of the Office participating in the good faith performance of
10 his or her official duties shall have immunity from any
11 liability (civil, criminal or otherwise) in any proceedings
12 (civil, criminal or otherwise) brought as a consequence of
13 the performance of his official duties.
14 (f) Business offenses.
15 (1) No person shall:
16 (i) Intentionally prevent, interfere with, or
17 attempt to impede in any way any representative of
18 the Office in the performance of his official duties
19 under this Act and the Older Americans Act of 1965;
20 or
21 (ii) Intentionally retaliate, discriminate
22 against, or effect reprisals against any long term
23 care facility resident or employee for contacting or
24 providing information to any representative of the
25 Office.
26 (2) A violation of this Section is a business
27 offense, punishable by a fine not to exceed $501.
28 (3) The Director of Aging shall notify the State's
29 Attorney of the county in which the long term care
30 facility is located, or the Attorney General, of any
31 violations of this Section.
32 (g) Confidentiality of records and identities. No files
33 or records maintained by the Office of State Long Term Care
34 Ombudsman shall be disclosed unless the State Ombudsman or
-71- LRB9111045EGfg
1 the ombudsman having the authority over the disposition of
2 such files authorizes the disclosure in writing. The
3 ombudsman shall not disclose the identity of any complainant,
4 resident, witness or employee of a long term care provider
5 involved in a complaint or report unless such person or such
6 person's guardian or legal representative consents in writing
7 to the disclosure, or the disclosure is required by court
8 order.
9 (h) Legal representation. The Attorney General shall
10 provide legal representation to any representative of the
11 Office against whom suit or other legal action is brought in
12 connection with the performance of the representative's
13 official duties, in accordance with the State Employee
14 Indemnification Act.
15 (i) Treatment by prayer and spiritual means. Nothing in
16 this Act shall be construed to authorize or require the
17 medical supervision, regulation or control of remedial care
18 or treatment of any resident in a long term care facility
19 operated exclusively by and for members or adherents of any
20 church or religious denomination the tenets and practices of
21 which include reliance solely upon spiritual means through
22 prayer for healing.
23 (Source: P.A. 90-639, eff. 1-1-99; 91-174, eff. 7-16-99;
24 91-656, eff. 1-1-01; revised 1-5-00.)
25 Section 13. The Department of Agriculture Law of the
26 Civil Administrative Code of Illinois is amended by
27 renumbering Section 40.43 and changing Section 205-60 as
28 follows:
29 (20 ILCS 205/205-47) (was 20 ILCS 205/40.43)
30 Sec. 205-47. 40.43. Value Added Agricultural Products.
31 (a) To expend funds appropriated to the Department of
32 Agriculture to develop and implement a grant program for
-72- LRB9111045EGfg
1 value added agricultural products, to be called the "Illinois
2 Value-Added Agriculture Enhancement Program". The grants are
3 to provide 50% of (i) the cost of undertaking feasibility
4 studies, competitive assessments, and consulting or
5 productivity services that the Department determines may
6 result in enhancement of value added agricultural products
7 and (ii) seed money for new or expanding agribusiness.
8 (b) "Agribusiness" means any sole proprietorship,
9 limited partnership, copartnership, joint venture,
10 corporation, or cooperative that operates or will operate a
11 facility located within the State of Illinois that is related
12 to the processing of agricultural commodities (including,
13 without limitation, the products of aquaculture, hydroponics,
14 and silviculture) or the manufacturing, production, or
15 construction of agricultural buildings, structures,
16 equipment, implements, and supplies, or any other facilities
17 or processes used in agricultural production. Agribusiness
18 includes but is not limited to the following:
19 (1) grain handling and processing, including grain
20 storage, drying, treatment, conditioning, milling, and
21 packaging;
22 (2) seed and feed grain development and processing;
23 (3) fruit and vegetable processing, including
24 preparation, canning, and packaging;
25 (4) processing of livestock and livestock products,
26 dairy products, poultry and poultry products, fish, or
27 apiarian products, including slaughter, shearing,
28 collecting, preparation, canning, and packaging;
29 (5) fertilizer and agricultural chemical
30 manufacturing, processing, application, and supplying;
31 (6) farm machinery, equipment, and implement
32 manufacturing and supplying;
33 (7) manufacturing and supplying of agricultural
34 commodity processing machinery and equipment, including
-73- LRB9111045EGfg
1 machinery and equipment used in slaughter, treatment,
2 handling, collecting, preparation, canning, or packaging
3 of agricultural commodities;
4 (8) farm building and farm structure manufacturing,
5 construction, and supplying;
6 (9) construction, manufacturing, implementation,
7 supplying, or servicing of irrigation, drainage, and soil
8 and water conservation devices or equipment;
9 (10) fuel processing and development facilities
10 that produce fuel from agricultural commodities or
11 by-products;
12 (11) facilities and equipment for processing and
13 packaging agricultural commodities specifically for
14 export;
15 (12) facilities and equipment for forestry product
16 processing and supplying, including sawmilling
17 operations, wood chip operations, timber harvesting
18 operations, and manufacturing of prefabricated buildings,
19 paper, furniture, or other goods from forestry products;
20 and
21 (13) facilities and equipment for research and
22 development of products, processes, and equipment for the
23 production, processing, preparation, or packaging of
24 agricultural commodities and by-products.
25 (c) The "Illinois Value-Added Agriculture Enhancement
26 Program Fund" is created as a special fund in the State
27 Treasury to provide grants to Illinois' small agribusinesses,
28 subject to appropriation for that purpose. Each grant
29 awarded under this program shall provide funding for up to
30 50% of the cost of (i) the development of valued added
31 agricultural products or (ii) seed money for new or expanding
32 agribusiness, not to exceed 50% of appropriated funds.
33 Notwithstanding the other provisions of this paragraph, the
34 fund shall not be used to provide seed money to an Illinois
-74- LRB9111045EGfg
1 small agribusiness for the purpose of compliance with the
2 provisions of the Livestock Management Facilities Act.
3 (d) For the purposes of this Section, "Illinois small
4 agribusiness" means a "small business concern" as defined in
5 Title 15 United States Code, Section 632, that primarily
6 conducts its business in Illinois.
7 (e) The Department shall make such rules and regulations
8 as may be necessary to carry out its statutory duties. Among
9 other duties, the Department, through the program, may do all
10 of the following:
11 (1) Make and enter into contracts, including but
12 not limited to making grants specified by the General
13 Assembly pursuant to appropriations by the General
14 Assembly from the Illinois Value-Added Agriculture
15 Enhancement Program Fund, and generally to do all such
16 things as, in its judgment, may be necessary, proper, and
17 expedient in accomplishing its duties.
18 (2) Provide for, staff, and administer a program in
19 which the Department shall plan and coordinate State
20 efforts designed to aid and stimulate the development of
21 value-added agribusiness.
22 (3) Make grants on the terms and conditions that
23 the Department shall determine, except that no grant made
24 under the provisions of this item (3) shall exceed 50% of
25 the direct costs.
26 (4) Act as the State Agriculture Planning Agency,
27 and accept and use planning grants or other financial
28 assistance from the federal government (i) for statewide
29 comprehensive planning work including research and
30 coordination activity directly related to agriculture
31 needs; and (ii) for state and inter-state comprehensive
32 planning and research and coordination activity related
33 thereto. All such grants shall be subject to the terms
34 and conditions prescribed by the federal government.
-75- LRB9111045EGfg
1 (f) The Illinois Value-Added Agricultural Enhancement
2 Fund is subject to the provisions of the Illinois Grant Funds
3 Recovery Act (GFRA).
4 (Source: P.A. 91-560, eff. 8-14-99; revised 10-25-99.)
5 (20 ILCS 205/205-60) (was 20 ILCS 205/40.35)
6 Sec. 205-60. Aquaculture. The Department has the power
7 to develop and implement a program to promote aquaculture and
8 to make grants to an aquaculture cooperative in this State
9 pursuant to the Aquaculture Development Act, to promulgate
10 the necessary rules and regulations, and to cooperate with
11 and seek the assistance of the Department of Natural
12 Resources and the Department of Transportation in the
13 implementation and enforcement of that Act.
14 (Source: P.A. 91-239, eff. 1-1-00; 91-530, eff. 8-13-99;
15 revised 10-25-99.)
16 Section 14. The Children and Family Services Act is
17 amended by changing Section 5 as follows:
18 (20 ILCS 505/5) (from Ch. 23, par. 5005)
19 Sec. 5. Direct child welfare services; Department of
20 Children and Family Services. To provide direct child
21 welfare services when not available through other public or
22 private child care or program facilities.
23 (a) For purposes of this Section:
24 (1) "Children" means persons found within the State
25 who are under the age of 18 years. The term also
26 includes persons under age 19 who:
27 (A) were committed to the Department pursuant
28 to the Juvenile Court Act or the Juvenile Court Act
29 of 1987, as amended, prior to the age of 18 and who
30 continue under the jurisdiction of the court; or
31 (B) were accepted for care, service and
-76- LRB9111045EGfg
1 training by the Department prior to the age of 18
2 and whose best interest in the discretion of the
3 Department would be served by continuing that care,
4 service and training because of severe emotional
5 disturbances, physical disability, social adjustment
6 or any combination thereof, or because of the need
7 to complete an educational or vocational training
8 program.
9 (2) "Homeless youth" means persons found within the
10 State who are under the age of 19, are not in a safe and
11 stable living situation and cannot be reunited with their
12 families.
13 (3) "Child welfare services" means public social
14 services which are directed toward the accomplishment of
15 the following purposes:
16 (A) protecting and promoting the health,
17 safety and welfare of children, including homeless,
18 dependent or neglected children;
19 (B) remedying, or assisting in the solution of
20 problems which may result in, the neglect, abuse,
21 exploitation or delinquency of children;
22 (C) preventing the unnecessary separation of
23 children from their families by identifying family
24 problems, assisting families in resolving their
25 problems, and preventing the breakup of the family
26 where the prevention of child removal is desirable
27 and possible when the child can be cared for at home
28 without endangering the child's health and safety;
29 (D) restoring to their families children who
30 have been removed, by the provision of services to
31 the child and the families when the child can be
32 cared for at home without endangering the child's
33 health and safety;
34 (E) placing children in suitable adoptive
-77- LRB9111045EGfg
1 homes, in cases where restoration to the biological
2 family is not safe, possible or appropriate;
3 (F) assuring safe and adequate care of
4 children away from their homes, in cases where the
5 child cannot be returned home or cannot be placed
6 for adoption. At the time of placement, the
7 Department shall consider concurrent planning, as
8 described in subsection (l-1) of this Section so
9 that permanency may occur at the earliest
10 opportunity. Consideration should be given so that
11 if reunification fails or is delayed, the placement
12 made is the best available placement to provide
13 permanency for the child;
14 (G) (blank);
15 (H) (blank); and
16 (I) placing and maintaining children in
17 facilities that provide separate living quarters for
18 children under the age of 18 and for children 18
19 years of age and older, unless a child 18 years of
20 age is in the last year of high school education or
21 vocational training, in an approved individual or
22 group treatment program, in a licensed shelter
23 facility, or secure child care facility. The
24 Department is not required to place or maintain
25 children:
26 (i) who are in a foster home, or
27 (ii) who are persons with a developmental
28 disability, as defined in the Mental Health and
29 Developmental Disabilities Code, or
30 (iii) who are female children who are
31 pregnant, pregnant and parenting or parenting,
32 or
33 (iv) who are siblings,
34 in facilities that provide separate living quarters
-78- LRB9111045EGfg
1 for children 18 years of age and older and for
2 children under 18 years of age.
3 (b) Nothing in this Section shall be construed to
4 authorize the expenditure of public funds for the purpose of
5 performing abortions.
6 (c) The Department shall establish and maintain
7 tax-supported child welfare services and extend and seek to
8 improve voluntary services throughout the State, to the end
9 that services and care shall be available on an equal basis
10 throughout the State to children requiring such services.
11 (d) The Director may authorize advance disbursements for
12 any new program initiative to any agency contracting with the
13 Department. As a prerequisite for an advance disbursement,
14 the contractor must post a surety bond in the amount of the
15 advance disbursement and have a purchase of service contract
16 approved by the Department. The Department may pay up to 2
17 months operational expenses in advance. The amount of the
18 advance disbursement shall be prorated over the life of the
19 contract or the remaining months of the fiscal year,
20 whichever is less, and the installment amount shall then be
21 deducted from future bills. Advance disbursement
22 authorizations for new initiatives shall not be made to any
23 agency after that agency has operated during 2 consecutive
24 fiscal years. The requirements of this Section concerning
25 advance disbursements shall not apply with respect to the
26 following: payments to local public agencies for child day
27 care services as authorized by Section 5a of this Act; and
28 youth service programs receiving grant funds under Section
29 17a-4.
30 (e) (Blank).
31 (f) (Blank).
32 (g) The Department shall establish rules and regulations
33 concerning its operation of programs designed to meet the
34 goals of child safety and protection, family preservation,
-79- LRB9111045EGfg
1 family reunification, and adoption, including but not limited
2 to:
3 (1) adoption;
4 (2) foster care;
5 (3) family counseling;
6 (4) protective services;
7 (5) (blank);
8 (6) homemaker service;
9 (7) return of runaway children;
10 (8) (blank);
11 (9) placement under Section 5-7 of the Juvenile
12 Court Act or Section 2-27, 3-28, 4-25 or 5-740 of the
13 Juvenile Court Act of 1987 in accordance with the federal
14 Adoption Assistance and Child Welfare Act of 1980; and
15 (10) interstate services.
16 Rules and regulations established by the Department shall
17 include provisions for training Department staff and the
18 staff of Department grantees, through contracts with other
19 agencies or resources, in alcohol and drug abuse screening
20 techniques approved by the Department of Human Services, as a
21 successor to the Department of Alcoholism and Substance
22 Abuse, for the purpose of identifying children and adults who
23 should be referred to an alcohol and drug abuse treatment
24 program for professional evaluation.
25 (h) If the Department finds that there is no appropriate
26 program or facility within or available to the Department for
27 a ward and that no licensed private facility has an adequate
28 and appropriate program or none agrees to accept the ward,
29 the Department shall create an appropriate individualized,
30 program-oriented plan for such ward. The plan may be
31 developed within the Department or through purchase of
32 services by the Department to the extent that it is within
33 its statutory authority to do.
34 (i) Service programs shall be available throughout the
-80- LRB9111045EGfg
1 State and shall include but not be limited to the following
2 services:
3 (1) case management;
4 (2) homemakers;
5 (3) counseling;
6 (4) parent education;
7 (5) day care; and
8 (6) emergency assistance and advocacy.
9 In addition, the following services may be made available
10 to assess and meet the needs of children and families:
11 (1) comprehensive family-based services;
12 (2) assessments;
13 (3) respite care; and
14 (4) in-home health services.
15 The Department shall provide transportation for any of
16 the services it makes available to children or families or
17 for which it refers children or families.
18 (j) The Department may provide categories of financial
19 assistance and education assistance grants, and shall
20 establish rules and regulations concerning the assistance and
21 grants, to persons who adopt physically or mentally
22 handicapped, older and other hard-to-place children who (i)
23 immediately prior to their adoption were legal wards of the
24 Department or (ii) were determined eligible for financial
25 assistance with respect to a prior adoption and who become
26 available for adoption because the prior adoption has been
27 dissolved and the parental rights of the adoptive parents
28 have been terminated or because the child's adoptive parents
29 have died. The Department may also provide categories of
30 financial assistance and education assistance grants, and
31 shall establish rules and regulations for the assistance and
32 grants, to persons appointed guardian of the person under
33 Section 5-7 of the Juvenile Court Act or Section 2-27, 3-28,
34 4-25 or 5-740 of the Juvenile Court Act of 1987 for children
-81- LRB9111045EGfg
1 who were wards of the Department for 12 months immediately
2 prior to the appointment of the guardian.
3 The amount of assistance may vary, depending upon the
4 needs of the child and the adoptive parents, as set forth in
5 the annual assistance agreement. Special purpose grants are
6 allowed where the child requires special service but such
7 costs may not exceed the amounts which similar services would
8 cost the Department if it were to provide or secure them as
9 guardian of the child.
10 Any financial assistance provided under this subsection
11 is inalienable by assignment, sale, execution, attachment,
12 garnishment, or any other remedy for recovery or collection
13 of a judgment or debt.
14 (j-5) The Department shall not deny or delay the
15 placement of a child for adoption if an approved family is
16 available either outside of the Department region handling
17 the case, or outside of the State of Illinois.
18 (k) The Department shall accept for care and training
19 any child who has been adjudicated neglected or abused, or
20 dependent committed to it pursuant to the Juvenile Court Act
21 or the Juvenile Court Act of 1987.
22 (l) Before July 1, 2000, the Department may provide, and
23 beginning July 1, 2000, the Department shall offer family
24 preservation services, as defined in Section 8.2 of the
25 Abused and Neglected Child Reporting Act, to help families,
26 including adoptive and extended families. Family preservation
27 services shall be offered (i) to prevent the placement of
28 children in substitute care when the children can be cared
29 for at home or in the custody of the person responsible for
30 the children's welfare, (ii) to reunite children with their
31 families, or (iii) to maintain an adoptive placement. Family
32 preservation services shall only be offered when doing so
33 will not endanger the children's health or safety. With
34 respect to children who are in substitute care pursuant to
-82- LRB9111045EGfg
1 the Juvenile Court Act of 1987, family preservation services
2 shall not be offered if a goal other than those of
3 subdivisions (A), (B), or (B-1) of subsection (2) of Section
4 2-28 of that Act has been set. Nothing in this paragraph
5 shall be construed to create a private right of action or
6 claim on the part of any individual or child welfare agency.
7 The Department shall notify the child and his family of
8 the Department's responsibility to offer and provide family
9 preservation services as identified in the service plan. The
10 child and his family shall be eligible for services as soon
11 as the report is determined to be "indicated". The
12 Department may offer services to any child or family with
13 respect to whom a report of suspected child abuse or neglect
14 has been filed, prior to concluding its investigation under
15 Section 7.12 of the Abused and Neglected Child Reporting Act.
16 However, the child's or family's willingness to accept
17 services shall not be considered in the investigation. The
18 Department may also provide services to any child or family
19 who is the subject of any report of suspected child abuse or
20 neglect or may refer such child or family to services
21 available from other agencies in the community, even if the
22 report is determined to be unfounded, if the conditions in
23 the child's or family's home are reasonably likely to subject
24 the child or family to future reports of suspected child
25 abuse or neglect. Acceptance of such services shall be
26 voluntary.
27 The Department may, at its discretion except for those
28 children also adjudicated neglected or dependent, accept for
29 care and training any child who has been adjudicated
30 addicted, as a truant minor in need of supervision or as a
31 minor requiring authoritative intervention, under the
32 Juvenile Court Act or the Juvenile Court Act of 1987, but no
33 such child shall be committed to the Department by any court
34 without the approval of the Department. A minor charged with
-83- LRB9111045EGfg
1 a criminal offense under the Criminal Code of 1961 or
2 adjudicated delinquent shall not be placed in the custody of
3 or committed to the Department by any court, except a minor
4 less than 13 years of age committed to the Department under
5 Section 5-710 of the Juvenile Court Act of 1987.
6 (l-1) The legislature recognizes that the best interests
7 of the child require that the child be placed in the most
8 permanent living arrangement as soon as is practically
9 possible. To achieve this goal, the legislature directs the
10 Department of Children and Family Services to conduct
11 concurrent planning so that permanency may occur at the
12 earliest opportunity. Permanent living arrangements may
13 include prevention of placement of a child outside the home
14 of the family when the child can be cared for at home without
15 endangering the child's health or safety; reunification with
16 the family, when safe and appropriate, if temporary placement
17 is necessary; or movement of the child toward the most
18 permanent living arrangement and permanent legal status.
19 When determining reasonable efforts to be made with
20 respect to a child, as described in this subsection, and in
21 making such reasonable efforts, the child's health and safety
22 shall be the paramount concern.
23 When a child is placed in foster care, the Department
24 shall ensure and document that reasonable efforts were made
25 to prevent or eliminate the need to remove the child from the
26 child's home. The Department must make reasonable efforts to
27 reunify the family when temporary placement of the child
28 occurs unless otherwise required, pursuant to the Juvenile
29 Court Act of 1987. At any time after the dispositional
30 hearing where the Department believes that further
31 reunification services would be ineffective, it may request a
32 finding from the court that reasonable efforts are no longer
33 appropriate. The Department is not required to provide
34 further reunification services after such a finding.
-84- LRB9111045EGfg
1 A decision to place a child in substitute care shall be
2 made with considerations of the child's health, safety, and
3 best interests. At the time of placement, consideration
4 should also be given so that if reunification fails or is
5 delayed, the placement made is the best available placement
6 to provide permanency for the child.
7 The Department shall adopt rules addressing concurrent
8 planning for reunification and permanency. The Department
9 shall consider the following factors when determining
10 appropriateness of concurrent planning:
11 (1) the likelihood of prompt reunification;
12 (2) the past history of the family;
13 (3) the barriers to reunification being addressed
14 by the family;
15 (4) the level of cooperation of the family;
16 (5) the foster parents' willingness to work with
17 the family to reunite;
18 (6) the willingness and ability of the foster
19 family to provide an adoptive home or long-term
20 placement;
21 (7) the age of the child;
22 (8) placement of siblings.
23 (m) The Department may assume temporary custody of any
24 child if:
25 (1) it has received a written consent to such
26 temporary custody signed by the parents of the child or
27 by the parent having custody of the child if the parents
28 are not living together or by the guardian or custodian
29 of the child if the child is not in the custody of either
30 parent, or
31 (2) the child is found in the State and neither a
32 parent, guardian nor custodian of the child can be
33 located.
34 If the child is found in his or her residence without a
-85- LRB9111045EGfg
1 parent, guardian, custodian or responsible caretaker, the
2 Department may, instead of removing the child and assuming
3 temporary custody, place an authorized representative of the
4 Department in that residence until such time as a parent,
5 guardian or custodian enters the home and expresses a
6 willingness and apparent ability to ensure the child's health
7 and safety and resume permanent charge of the child, or until
8 a relative enters the home and is willing and able to ensure
9 the child's health and safety and assume charge of the child
10 until a parent, guardian or custodian enters the home and
11 expresses such willingness and ability to ensure the child's
12 safety and resume permanent charge. After a caretaker has
13 remained in the home for a period not to exceed 12 hours, the
14 Department must follow those procedures outlined in Section
15 2-9, 3-11, 4-8, or 5-415 of the Juvenile Court Act of 1987.
16 The Department shall have the authority, responsibilities
17 and duties that a legal custodian of the child would have
18 pursuant to subsection (9) of Section 1-3 of the Juvenile
19 Court Act of 1987. Whenever a child is taken into temporary
20 custody pursuant to an investigation under the Abused and
21 Neglected Child Reporting Act, or pursuant to a referral and
22 acceptance under the Juvenile Court Act of 1987 of a minor in
23 limited custody, the Department, during the period of
24 temporary custody and before the child is brought before a
25 judicial officer as required by Section 2-9, 3-11, 4-8, or
26 5-415 of the Juvenile Court Act of 1987, shall have the
27 authority, responsibilities and duties that a legal custodian
28 of the child would have under subsection (9) of Section 1-3
29 of the Juvenile Court Act of 1987.
30 The Department shall ensure that any child taken into
31 custody is scheduled for an appointment for a medical
32 examination.
33 A parent, guardian or custodian of a child in the
34 temporary custody of the Department who would have custody of
-86- LRB9111045EGfg
1 the child if he were not in the temporary custody of the
2 Department may deliver to the Department a signed request
3 that the Department surrender the temporary custody of the
4 child. The Department may retain temporary custody of the
5 child for 10 days after the receipt of the request, during
6 which period the Department may cause to be filed a petition
7 pursuant to the Juvenile Court Act of 1987. If a petition is
8 so filed, the Department shall retain temporary custody of
9 the child until the court orders otherwise. If a petition is
10 not filed within the 10 day period, the child shall be
11 surrendered to the custody of the requesting parent, guardian
12 or custodian not later than the expiration of the 10 day
13 period, at which time the authority and duties of the
14 Department with respect to the temporary custody of the child
15 shall terminate.
16 (m-1) The Department may place children under 18 years
17 of age in a secure child care facility licensed by the
18 Department that cares for children who are in need of secure
19 living arrangements for their health, safety, and well-being
20 after a determination is made by the facility director and
21 the Director or the Director's designate prior to admission
22 to the facility subject to Section 2-27.1 of the Juvenile
23 Court Act of 1987. This subsection (m-1) does not apply to a
24 child who is subject to placement in a correctional facility
25 operated pursuant to Section 3-15-2 of the Unified Code of
26 Corrections.
27 (n) The Department may place children under 18 years of
28 age in licensed child care facilities when in the opinion of
29 the Department, appropriate services aimed at family
30 preservation have been unsuccessful and cannot ensure the
31 child's health and safety or are unavailable and such
32 placement would be for their best interest. Payment for
33 board, clothing, care, training and supervision of any child
34 placed in a licensed child care facility may be made by the
-87- LRB9111045EGfg
1 Department, by the parents or guardians of the estates of
2 those children, or by both the Department and the parents or
3 guardians, except that no payments shall be made by the
4 Department for any child placed in a licensed child care
5 facility for board, clothing, care, training and supervision
6 of such a child that exceed the average per capita cost of
7 maintaining and of caring for a child in institutions for
8 dependent or neglected children operated by the Department.
9 However, such restriction on payments does not apply in cases
10 where children require specialized care and treatment for
11 problems of severe emotional disturbance, physical
12 disability, social adjustment, or any combination thereof and
13 suitable facilities for the placement of such children are
14 not available at payment rates within the limitations set
15 forth in this Section. All reimbursements for services
16 delivered shall be absolutely inalienable by assignment,
17 sale, attachment, garnishment or otherwise.
18 (o) The Department shall establish an administrative
19 review and appeal process for children and families who
20 request or receive child welfare services from the
21 Department. Children who are wards of the Department and are
22 placed by private child welfare agencies, and foster families
23 with whom those children are placed, shall be afforded the
24 same procedural and appeal rights as children and families in
25 the case of placement by the Department, including the right
26 to an initial review of a private agency decision by that
27 agency. The Department shall insure that any private child
28 welfare agency, which accepts wards of the Department for
29 placement, affords those rights to children and foster
30 families. The Department shall accept for administrative
31 review and an appeal hearing a complaint made by (i) a child
32 or foster family concerning a decision following an initial
33 review by a private child welfare agency or (ii) a
34 prospective adoptive parent who alleges a violation of
-88- LRB9111045EGfg
1 subsection (j-5) of this Section. An appeal of a decision
2 concerning a change in the placement of a child shall be
3 conducted in an expedited manner.
4 (p) There is hereby created the Department of Children
5 and Family Services Emergency Assistance Fund from which the
6 Department may provide special financial assistance to
7 families which are in economic crisis when such assistance is
8 not available through other public or private sources and the
9 assistance is deemed necessary to prevent dissolution of the
10 family unit or to reunite families which have been separated
11 due to child abuse and neglect. The Department shall
12 establish administrative rules specifying the criteria for
13 determining eligibility for and the amount and nature of
14 assistance to be provided. The Department may also enter
15 into written agreements with private and public social
16 service agencies to provide emergency financial services to
17 families referred by the Department. Special financial
18 assistance payments shall be available to a family no more
19 than once during each fiscal year and the total payments to a
20 family may not exceed $500 during a fiscal year.
21 (q) The Department may receive and use, in their
22 entirety, for the benefit of children any gift, donation or
23 bequest of money or other property which is received on
24 behalf of such children, or any financial benefits to which
25 such children are or may become entitled while under the
26 jurisdiction or care of the Department.
27 The Department shall set up and administer no-cost,
28 interest-bearing savings accounts in appropriate financial
29 institutions ("individual accounts") for children for whom
30 the Department is legally responsible and who have been
31 determined eligible for Veterans' Benefits, Social Security
32 benefits, assistance allotments from the armed forces, court
33 ordered payments, parental voluntary payments, Supplemental
34 Security Income, Railroad Retirement payments, Black Lung
-89- LRB9111045EGfg
1 benefits, or other miscellaneous payments. Interest earned
2 by each individual account shall be credited to the account,
3 unless disbursed in accordance with this subsection.
4 In disbursing funds from children's individual accounts,
5 the Department shall:
6 (1) Establish standards in accordance with State
7 and federal laws for disbursing money from children's
8 individual accounts. In all circumstances, the
9 Department's "Guardianship Administrator" or his or her
10 designee must approve disbursements from children's
11 individual accounts. The Department shall be responsible
12 for keeping complete records of all disbursements for
13 each individual account for any purpose.
14 (2) Calculate on a monthly basis the amounts paid
15 from State funds for the child's board and care, medical
16 care not covered under Medicaid, and social services; and
17 utilize funds from the child's individual account, as
18 covered by regulation, to reimburse those costs.
19 Monthly, disbursements from all children's individual
20 accounts, up to 1/12 of $13,000,000, shall be deposited
21 by the Department into the General Revenue Fund and the
22 balance over 1/12 of $13,000,000 into the DCFS Children's
23 Services Fund.
24 (3) Maintain any balance remaining after
25 reimbursing for the child's costs of care, as specified
26 in item (2). The balance shall accumulate in accordance
27 with relevant State and federal laws and shall be
28 disbursed to the child or his or her guardian, or to the
29 issuing agency.
30 (r) The Department shall promulgate regulations
31 encouraging all adoption agencies to voluntarily forward to
32 the Department or its agent names and addresses of all
33 persons who have applied for and have been approved for
34 adoption of a hard-to-place or handicapped child and the
-90- LRB9111045EGfg
1 names of such children who have not been placed for adoption.
2 A list of such names and addresses shall be maintained by the
3 Department or its agent, and coded lists which maintain the
4 confidentiality of the person seeking to adopt the child and
5 of the child shall be made available, without charge, to
6 every adoption agency in the State to assist the agencies in
7 placing such children for adoption. The Department may
8 delegate to an agent its duty to maintain and make available
9 such lists. The Department shall ensure that such agent
10 maintains the confidentiality of the person seeking to adopt
11 the child and of the child.
12 (s) The Department of Children and Family Services may
13 establish and implement a program to reimburse Department and
14 private child welfare agency foster parents licensed by the
15 Department of Children and Family Services for damages
16 sustained by the foster parents as a result of the malicious
17 or negligent acts of foster children, as well as providing
18 third party coverage for such foster parents with regard to
19 actions of foster children to other individuals. Such
20 coverage will be secondary to the foster parent liability
21 insurance policy, if applicable. The program shall be funded
22 through appropriations from the General Revenue Fund,
23 specifically designated for such purposes.
24 (t) The Department shall perform home studies and
25 investigations and shall exercise supervision over visitation
26 as ordered by a court pursuant to the Illinois Marriage and
27 Dissolution of Marriage Act or the Adoption Act only if:
28 (1) an order entered by an Illinois court
29 specifically directs the Department to perform such
30 services; and
31 (2) the court has ordered one or both of the
32 parties to the proceeding to reimburse the Department for
33 its reasonable costs for providing such services in
34 accordance with Department rules, or has determined that
-91- LRB9111045EGfg
1 neither party is financially able to pay.
2 The Department shall provide written notification to the
3 court of the specific arrangements for supervised visitation
4 and projected monthly costs within 60 days of the court
5 order. The Department shall send to the court information
6 related to the costs incurred except in cases where the court
7 has determined the parties are financially unable to pay. The
8 court may order additional periodic reports as appropriate.
9 (u) Whenever the Department places a child in a licensed
10 foster home, group home, child care institution, or in a
11 relative home, the Department shall provide to the caretaker:
12 (1) available detailed information concerning the
13 child's educational and health history, copies of
14 immunization records (including insurance and medical
15 card information), a history of the child's previous
16 placements, if any, and reasons for placement changes
17 excluding any information that identifies or reveals the
18 location of any previous caretaker;
19 (2) a copy of the child's portion of the client
20 service plan, including any visitation arrangement, and
21 all amendments or revisions to it as related to the
22 child; and
23 (3) information containing details of the child's
24 individualized educational plan when the child is
25 receiving special education services.
26 The caretaker shall be informed of any known social or
27 behavioral information (including, but not limited to,
28 criminal background, fire setting, perpetuation of sexual
29 abuse, destructive behavior, and substance abuse) necessary
30 to care for and safeguard the child.
31 (u-5) Effective July 1, 1995, only foster care
32 placements licensed as foster family homes pursuant to the
33 Child Care Act of 1969 shall be eligible to receive foster
34 care payments from the Department. Relative caregivers who,
-92- LRB9111045EGfg
1 as of July 1, 1995, were approved pursuant to approved
2 relative placement rules previously promulgated by the
3 Department at 89 Ill. Adm. Code 335 and had submitted an
4 application for licensure as a foster family home may
5 continue to receive foster care payments only until the
6 Department determines that they may be licensed as a foster
7 family home or that their application for licensure is denied
8 or until September 30, 1995, whichever occurs first.
9 (v) The Department shall access criminal history record
10 information as defined in the Illinois Uniform Conviction
11 Information Act and information maintained in the
12 adjudicatory and dispositional record system as defined in
13 Section 2605-355 of the Department of State Police Law (20
14 ILCS 2605/2605-355) if the Department determines the
15 information is necessary to perform its duties under the
16 Abused and Neglected Child Reporting Act, the Child Care Act
17 of 1969, and the Children and Family Services Act. The
18 Department shall provide for interactive computerized
19 communication and processing equipment that permits direct
20 on-line communication with the Department of State Police's
21 central criminal history data repository. The Department
22 shall comply with all certification requirements and provide
23 certified operators who have been trained by personnel from
24 the Department of State Police. In addition, one Office of
25 the Inspector General investigator shall have training in the
26 use of the criminal history information access system and
27 have access to the terminal. The Department of Children and
28 Family Services and its employees shall abide by rules and
29 regulations established by the Department of State Police
30 relating to the access and dissemination of this information.
31 (w) Within 120 days of August 20, 1995 (the effective
32 date of Public Act 89-392), the Department shall prepare and
33 submit to the Governor and the General Assembly, a written
34 plan for the development of in-state licensed secure child
-93- LRB9111045EGfg
1 care facilities that care for children who are in need of
2 secure living arrangements for their health, safety, and
3 well-being. For purposes of this subsection, secure care
4 facility shall mean a facility that is designed and operated
5 to ensure that all entrances and exits from the facility, a
6 building or a distinct part of the building, are under the
7 exclusive control of the staff of the facility, whether or
8 not the child has the freedom of movement within the
9 perimeter of the facility, building, or distinct part of the
10 building. The plan shall include descriptions of the types
11 of facilities that are needed in Illinois; the cost of
12 developing these secure care facilities; the estimated number
13 of placements; the potential cost savings resulting from the
14 movement of children currently out-of-state who are projected
15 to be returned to Illinois; the necessary geographic
16 distribution of these facilities in Illinois; and a proposed
17 timetable for development of such facilities.
18 (Source: P.A. 90-11, eff. 1-1-98; 90-27, eff. 1-1-98; 90-28,
19 eff. 1-1-98; 90-362, eff. 1-1-98; 90-590, eff. 1-1-99;
20 90-608, eff. 6-30-98; 90-655, eff. 7-30-98; 91-239, eff.
21 1-1-00; 91-357, eff. 7-29-99; revised 8-6-99.)
22 Section 15. The Department of Children and Family
23 Services Powers Law of the Civil Administrative Code of
24 Illinois is amended by changing Section 510-5 as follows:
25 (20 ILCS 510/510-5)
26 Sec. 510-5. Definition. As used in this Article 510 30,
27 "Department" means the Department of Children and Family
28 Services.
29 (Source: P.A. 91-239, eff. 1-1-00; revised 11-5-99.)
30 Section 16. The Department of Commerce and Community
31 Affairs Law of the Civil Administrative Code of Illinois is
-94- LRB9111045EGfg
1 amended by changing Sections 605-55, 605-385, 605-415,
2 605-615, 605-705, 605-800, 605-850, 605-855, 605-860, and
3 605-940 and renumbering Sections 46.6d, 46.19k, 46.34a,
4 46.34b, 46.70, 46.71, 46.75, and 46.76 as follows:
5 (20 ILCS 605/605-55) (was 20 ILCS 605/46.21)
6 Sec. 605-55. Contracts and other acts to accomplish
7 Department's duties. To make and enter into contracts,
8 including but not limited to making grants and loans to units
9 of local government, private agencies as defined in the
10 Illinois State Auditing Act, non-profit corporations,
11 educational institutions, and for-profit businesses as
12 authorized pursuant to appropriations by the General Assembly
13 from the Build Illinois Bond Fund, the Build Illinois
14 Purposes Fund, the Fund for Illinois' Future, the Capital
15 Development Fund, and the General Revenue Fund, and generally
16 to do all things that, in its judgment, may be necessary,
17 proper, and expedient in accomplishing its duties.
18 (Source: P.A. 91-34, eff. 7-1-99; 91-239, eff. 1-1-00;
19 revised 8-3-99.)
20 (20 ILCS 605/605-111) (was 20 ILCS 605/46.34a)
21 Sec. 605-111. Transfer relating to the Illinois Main
22 Street Program. 46.34a. To assume from the Office of the
23 Lieutenant Governor on July 1, 1999, all personnel, books,
24 records, papers, documents, property both real and personal,
25 and pending business in any way pertaining to the Illinois
26 Main Street Program. All personnel transferred pursuant to
27 this Section shall receive certified status under the
28 Personnel Code.
29 (Source: P.A. 91-25, eff. 6-9-99; revised 8-2-99.)
30 (20 ILCS 605/605-112) (was 20 ILCS 605/46.34b)
31 Sec. 605-112. Transfer relating to the State Data
-95- LRB9111045EGfg
1 Center. 46.34b. To assume from the Executive Office of the
2 Governor, Bureau of the Budget, on July 1, 1999, all
3 personnel, books, records, papers, documents, property both
4 real and personal, and pending business in any way pertaining
5 to the State Data Center, established pursuant to a
6 Memorandum of Understanding entered into with the Census
7 Bureau pursuant to 15 U.S.C. Section 1525. All personnel
8 transferred pursuant to this Section shall receive certified
9 status under the Personnel Code.
10 (Source: P.A. 91-25, eff. 6-9-99; revised 8-2-99.)
11 (20 ILCS 605/605-323) (was 20 ILCS 605/46.76)
12 Sec. 605-323. 46.76. Energy Assistance Contribution
13 Fund.
14 (a) The Department may accept gifts, grants, awards,
15 matching contributions, interest income, appropriations, and
16 cost sharings from individuals, businesses, governments, and
17 other third-party sources, on terms that the Director deems
18 advisable, to assist eligible households, businesses,
19 industries, educational institutions, hospitals, health care
20 facilities, and not-for-profit entities to obtain and
21 maintain reliable and efficient energy related services, or
22 to improve the efficiency of such services.
23 (b) The Energy Assistance Contribution Fund is created
24 as a special fund in the State Treasury, and all moneys
25 received under this Section shall be deposited into that
26 Fund. Moneys in the Energy Assistance Contribution Fund may
27 be expended for purposes consistent with the conditions under
28 which those moneys are received, subject to appropriations
29 made by the General Assembly for those purposes.
30 (Source: P.A. 91-34, eff. 7-1-99; revised 8-3-99.)
31 (20 ILCS 605/605-385) (was 20 ILCS 605/46.62)
32 Sec. 605-385. Technology Challenge Grant Program;
-96- LRB9111045EGfg
1 Illinois Advanced Technology Enterprise Development and
2 Investment Program. To establish and administer a Technology
3 Challenge Grant Program and an Illinois Technology Enterprise
4 Development and Investment Program as provided by the
5 Technology Advancement and Development Act and to expend
6 appropriations in accordance therewith.
7 (Source: P.A. 91-239, eff. 1-1-00; 91-476, eff. 8-11-99;
8 revised 10-20-99.)
9 (20 ILCS 605/605-415)
10 Sec. 605-415. Job Training and Economic Development
11 Grant Program.
12 (a) Legislative findings. The General Assembly finds
13 that:
14 (1) Despite the large number of unemployed job
15 seekers, many employers are having difficulty matching
16 the skills they require with the skills of workers; a
17 similar problem exists in industries where overall
18 employment may not be expanding but there is an acute
19 need for skilled workers in particular occupations.
20 (2) The State of Illinois should foster local
21 economic development by linking the job training of
22 unemployed disadvantaged citizens with the workforce
23 needs of local business and industry.
24 (3) Employers often need assistance in developing
25 training resources that will provide work opportunities
26 for disadvantaged populations.
27 (b) Definitions. As used in this Section:
28 "Community based provider" means a not-for-profit
29 organization, with local boards of directors, that directly
30 provides job training services.
31 "Disadvantaged persons" has the same meaning as in Titles
32 II-A and II-C of the federal Job Training Partnership Act.
33 "Training partners" means a community-based provider and
-97- LRB9111045EGfg
1 one or more employers who have established training and
2 placement linkages.
3 (c) From funds appropriated for that purpose, the
4 Department of Commerce and Community Affairs shall administer
5 a Job Training and Economic Development Grant Program. The
6 Director shall make grants to community-based providers. The
7 grants shall be made to support the following:
8 (1) Partnerships between community-based providers
9 and employers for the customized training of existing
10 low-skilled, low-wage employees and newly hired
11 disadvantaged persons.
12 (2) Partnerships between community-based providers
13 and employers to develop and operate training programs
14 that link the work force needs of local industry with the
15 job training of disadvantaged persons.
16 (d) For projects created under paragraph (1) of
17 subsection (c):
18 (1) The Department shall give a priority to
19 projects that include an in-kind match by an employer in
20 partnership with a community-based provider and projects
21 that use instructional materials and training instructors
22 directly used in the specific industry sector of the
23 partnership employer.
24 (2) The partnership employer must be an active
25 participant in the curriculum development and train
26 primarily disadvantaged populations.
27 (e) For projects created under paragraph (2) of
28 subsection (c):
29 (1) Community based organizations shall assess the
30 employment barriers and needs of local residents and work
31 in partnership with local economic development
32 organizations to identify the priority workforce needs of
33 the local industry.
34 (2) Training partners (that is, community-based
-98- LRB9111045EGfg
1 organizations and employers) shall work together to
2 design programs with maximum benefits to local
3 disadvantaged persons and local employers.
4 (3) Employers must be involved in identifying
5 specific skill-training needs, planning curriculum,
6 assisting in training activities, providing job
7 opportunities, and coordinating job retention for people
8 hired after training through this program and follow-up
9 support.
10 (4) The community-based organizations shall serve
11 disadvantaged persons, including welfare recipients.
12 (f) The Department shall adopt rules for the grant
13 program and shall create a competitive application procedure
14 for those grants to be awarded beginning in fiscal year 1998.
15 Grants shall be based on a performance based contracting
16 system. Each grant shall be based on the cost of providing
17 the training services and the goals negotiated and made a
18 part of the contract between the Department and the training
19 partners. The goals shall include the number of people to be
20 trained, the number who stay in the program, the number who
21 complete the program, the number who enter employment, their
22 wages, and the number who retain employment. The level of
23 success in achieving employment, wage, and retention goals
24 shall be a primary consideration for determining contract
25 renewals and subsequent funding levels. In setting the
26 goals, due consideration shall be given to the education,
27 work experience, and job readiness of the trainees; their
28 barriers to employment; and the local job market. Periodic
29 payments under the contracts shall be based on the degree to
30 which the relevant negotiated goals have been met during the
31 payment period.
32 (Source: P.A. 90-474, eff. 1-1-98; 90-655, eff. 7-30-98;
33 90-758, eff. 8-14-98; 91-34, eff. 7-1-99; 91-239, eff.
34 1-1-00; revised 8-3-99.)
-99- LRB9111045EGfg
1 (20 ILCS 605/605-420) (was 20 ILCS 605/46.75)
2 Sec. 605-420. 46.75. Federal Workforce Development Fund.
3 (a) The Department may accept gifts, grants, awards,
4 matching contributions, interest income, appropriations, and
5 cost sharings from individuals, businesses, governments, and
6 other third-party sources, on terms that the Director deems
7 advisable, for any or all of the following purposes:
8 (1) to assist recipients, including recipients
9 under the Temporary Assistance to Needy Families (TANF)
10 program, to obtain and retain employment and become
11 economically self-sufficient;
12 (2) to assist economically disadvantaged and other
13 youth to make a successful transition from school to
14 work; and
15 (3) to assist other individuals targeted for
16 services through education, training, and workforce
17 development programs to obtain employment-related skills
18 and obtain employment.
19 (b) The Federal Workforce Development Fund is created as
20 a special fund in the State Treasury, and all moneys received
21 under this Section shall be deposited into that Fund. Moneys
22 in the Federal Workforce Development Fund may be expended for
23 purposes consistent with the conditions under which those
24 moneys are received, subject to appropriations made by the
25 General Assembly for those purposes.
26 (Source: P.A. 91-34, eff. 7-1-99; revised 8-3-99.)
27 (20 ILCS 605/605-512) (was 20 ILCS 605/46.70)
28 (Section scheduled to be repealed on December 31, 2004)
29 Sec. 605-512. 46.70. Small business incubator grants.
30 (a) Subject to availability of funds in the Small
31 Business Incubator Fund, the Director of Commerce and
32 Community Affairs may make grants to eligible small business
33 incubators in an amount not to exceed 50% of State income
-100- LRB9111045EGfg
1 taxes paid in the previous calendar year by qualified tenant
2 businesses subject to the restrictions of this Section.
3 (b) There is created a special fund in the State
4 Treasury known as the Small Business Incubator Fund. The
5 money in the Fund may be used only for making grants under
6 subsection (a) of this Section. The Department of Revenue
7 shall certify by March 1 of each year to the General
8 Assembly the amount of State income taxes paid by qualified
9 tenant businesses in the previous year. The Department of
10 Revenue may, by rule, prescribe forms necessary to identify
11 qualified tenant businesses under this Section. An amount
12 equal to 50% of the amount certified by the Department of
13 Revenue shall be appropriated into the Fund annually.
14 (c) Eligible small business incubators that receive a
15 grant under this Section may use the grant only for capital
16 improvements on the building housing the eligible small
17 business incubator. Each small business incubator shall be
18 eligible for a grant equal to no more than 50% of the amount
19 of State income taxes paid in the previous year by qualified
20 tenant businesses of the small business incubator, minus
21 administrative costs. The eligible small business incubator
22 must keep written records of the use of the grant money for a
23 period of 5 years from disbursement.
24 (d) By April 1 of each year, an eligible small business
25 incubator may apply for a grant under this Section on forms
26 developed by the Department. The Department may require
27 applicants to provide proof of eligibility. Upon review of
28 the applications, the Director of Commerce and Community
29 Affairs shall approve or disapprove the application. At the
30 start of each fiscal year or upon approval of the budget for
31 that fiscal year, whichever is later, the Director shall
32 determine the amount of funds available for grants under this
33 Section and shall then approve the grants.
34 (e) For purposes of this Section:
-101- LRB9111045EGfg
1 (1) "Eligible small business incubator" means an
2 entity that is dedicated to the successful development of
3 entrepreneurial companies, has a specific written policy
4 identifying requirements for a business "to graduate"
5 from the incubator, either owns or leases real estate in
6 which qualified tenant businesses operate, and provides
7 all of the following services: management guidance,
8 rental spaces, shared basic business equipment,
9 technology support services, and assistance in obtaining
10 financing.
11 (2) "Qualified tenant business" means a business
12 that currently leases space from an eligible small
13 business incubator, is less than 5 years old, and either
14 has not fulfilled the eligible small business incubator's
15 graduation requirements or has fulfilled these
16 requirements within the last 5 years.
17 (f) Five percent of the amount that is appropriated
18 annually into the Small Business Incubator Fund shall be
19 allotted to the Department of Commerce and Community Affairs
20 for the purpose of administering, overseeing, and evaluating
21 the grant process and outcome.
22 (g) This Section is repealed on December 31, 2004.
23 The evaluation of the effectiveness of the grant process
24 and subsequent outcome of job and business creation shall
25 recommend the continuation or the repeal of this Section and
26 shall be submitted to the Governor and the General Assembly
27 before December 31, 2003.
28 (Source: P.A. 91-592, eff. 8-14-99; revised 10-26-99.)
29 (20 ILCS 605/605-550) (was 20 ILCS 605/46.71)
30 Sec. 605-550. 46.71. Model domestic violence and sexual
31 assault employee awareness and assistance policy.
32 (a) The Department shall convene a task force including
33 members of the business community, employees, employee
-102- LRB9111045EGfg
1 organizations, representatives from the Department of Labor,
2 and directors of domestic violence and sexual assault
3 programs, including representatives of statewide advocacy
4 organizations for the prevention of domestic violence and
5 sexual assault, to develop a model domestic violence and
6 sexual assault employee awareness and assistance policy for
7 businesses.
8 The Department shall give due consideration to the
9 recommendations of the Governor, the President of the Senate,
10 and the Speaker of the House of Representatives for
11 participation by any person on the task force, and shall make
12 reasonable efforts to assure regional balance in membership.
13 (b) The purpose of the model employee awareness and
14 assistance policy shall be to provide businesses with the
15 best practices, policies, protocols, and procedures in order
16 that they ascertain domestic violence and sexual assault
17 awareness in the workplace, assist affected employees, and
18 provide a safe and helpful working environment for employees
19 currently or potentially experiencing the effects of domestic
20 violence or sexual assault. The model plan shall include but
21 not be limited to:
22 (1) the establishment of a definite corporate
23 policy statement recognizing domestic violence and sexual
24 assault as workplace issues as well as promoting the need
25 to maintain job security for those employees currently
26 involved in domestic violence or sexual assault disputes;
27 (2) policy and service publication requirements,
28 including posting these policies and service availability
29 pamphlets in break rooms, on bulletin boards, and in
30 restrooms, and transmitting them through other
31 communication methods;
32 (3) a listing of current domestic violence and
33 sexual assault community resources such as shelters,
34 crisis intervention programs, counseling and case
-103- LRB9111045EGfg
1 management programs, and legal assistance and advocacy
2 opportunities for affected employees;
3 (4) measures to ensure workplace safety including,
4 where appropriate, designated parking areas, escort
5 services, and other affirmative safeguards;
6 (5) training programs and protocols designed to
7 educate employees and managers in how to recognize,
8 approach, and assist employees experiencing domestic
9 violence or sexual assault, including both victims and
10 batterers; and
11 (6) other issues as shall be appropriate and
12 relevant for the task force in developing the model
13 policy.
14 (c) The model policy shall be reviewed by the task force
15 to assure consistency with existing law and shall be made the
16 subject of public hearings convened by the Department
17 throughout the State at places and at times which are
18 convenient for attendance by the public, after which the
19 policy shall be reviewed by the task force and amended as
20 necessary to reflect concerns raised at the hearings. If
21 approved by the task force, the model policy shall be
22 provided as approved with explanation of its provisions to
23 the Governor and the General Assembly not later than one year
24 after the effective date of this amendatory Act of the 91st
25 General Assembly. The Department shall make every effort to
26 notify businesses of the availability of the model domestic
27 violence and sexual assault employee awareness and assistance
28 policy.
29 (d) The Department, in consultation with the task force,
30 providers of services, the advisory council, the Department
31 of Labor, and representatives of statewide advocacy
32 organizations for the prevention of domestic violence and
33 sexual assault, shall provide technical support, information,
34 and encouragement to businesses to implement the provisions
-104- LRB9111045EGfg
1 of the model.
2 (e) Nothing contained in this Section shall be deemed to
3 prevent businesses from adopting their own domestic violence
4 and sexual assault employee awareness and assistance policy.
5 (f) The Department shall survey businesses within 4
6 years of the effective date of this amendatory Act of the
7 91st General Assembly to determine the level of model policy
8 adoption amongst businesses and shall take steps necessary to
9 promote the further adoption of such policy.
10 (Source: P.A. 91-592, eff. 8-14-99; revised 10-26-99.)
11 (20 ILCS 605/605-615) (was 20 ILCS 605/46.19e)
12 Sec. 605-615. Assistance with exports. The Department
13 shall have the following duties and responsibilities in
14 regard to the Civil Administrative Code of Illinois:
15 (1) To establish or cosponsor mentoring conferences,
16 utilizing experienced manufacturing exporters, to explain and
17 provide information to prospective export manufacturers and
18 businesses concerning the process of exporting to both
19 domestic and international opportunities.
20 (2) To provide technical assistance to prospective
21 export manufacturers and businesses seeking to establish
22 domestic and international export opportunities.
23 (3) To coordinate with the Department's Small Business
24 Development Centers to link buyers with prospective export
25 manufacturers and businesses.
26 (4) To promote, both domestically and abroad, products
27 made in Illinois in order to inform and advise consumers and
28 buyers of their high quality standards and craftsmanship.
29 (5) To provide technical assistance toward establishment
30 of export trade corporations in the private sector.
31 (6) To develop an electronic data base to compile
32 information on international trade and investment activities
33 in Illinois companies, provide access to research and
-105- LRB9111045EGfg
1 business opportunities through external data bases, and
2 connect this data base through international communication
3 systems with appropriate domestic and worldwide networks
4 users.
5 (7) To collect and distribute to foreign commercial
6 libraries directories, catalogs, brochures, and other
7 information of value to foreign businesses considering doing
8 business in this State.
9 (8) To establish an export finance awareness program to
10 provide information to banking organizations about methods
11 used by banks to provide financing for businesses engaged in
12 exporting and about other State and federal programs to
13 promote and expedite export financing.
14 (9) To undertake a survey of Illinois' businesses to
15 identify exportable products and the businesses interested in
16 exporting.
17 (Source: P.A. 91-239, eff. 1-1-00; 91-357, eff. 7-29-99;
18 revised 8-5-99.)
19 (20 ILCS 605/605-705) (was 20 ILCS 605/46.6a)
20 Sec. 605-705. Grants to local tourism and convention
21 bureaus.
22 (a) To establish a grant program for local tourism and
23 convention bureaus. The Department will develop and
24 implement a program for the use of funds, as authorized under
25 this Act, by local tourism and convention bureaus. For the
26 purposes of this Act, bureaus eligible to receive funds are
27 defined as those bureaus in legal existence as of January 1,
28 1985 that are either a unit of local government or
29 incorporated as a not-for-profit organization, are affiliated
30 with at least one municipality or county, and employ one full
31 time staff person whose purpose is to promote tourism. Each
32 bureau receiving funds under this Act will be certified by
33 the Department as the designated recipient to serve an area
-106- LRB9111045EGfg
1 of the State. These funds may not be used in support of the
2 Chicago World's Fair.
3 (b) To distribute grants to local tourism and convention
4 bureaus from appropriations made from the Local Tourism Fund
5 for that purpose. Of the amounts appropriated annually to
6 the Department for expenditure under this Section, one-third
7 of those monies shall be used for grants to convention and
8 tourism bureaus in cities with a population greater than
9 500,000. The remaining two-thirds of the annual
10 appropriation shall be used for grants to convention and
11 tourism bureaus in the remainder of the State, in accordance
12 with a formula based upon the population served. The
13 Department may reserve up to 10% of the total appropriated to
14 conduct audits of grants, to provide incentive funds to those
15 bureaus that will conduct promotional activities designed to
16 further the Department's statewide advertising campaign, to
17 fund special statewide promotional activities, and to fund
18 promotional activities that support an increased use of the
19 State's parks or historic sites.
20 (Source: P.A. 90-26, eff. 7-1-97; 91-239, eff. 1-1-00;
21 91-357, eff. 7-29-99; revised 8-4-99.)
22 (20 ILCS 605/605-707) (was 20 ILCS 605/46.6d)
23 Sec. 605-707. 46.6d. International Tourism Program.
24 (a) The Department of Commerce and Community Affairs
25 must establish a grant program for international tourism.
26 The Department shall develop and implement the program on
27 January 1, 2000 by rule. As part of the program, the
28 Department shall assist the City of Chicago's Office of
29 Tourism and other convention and tourism bureaus in Chicago
30 in the formation of the Illinois Partnership for
31 International Meetings and Tourism under the General Not For
32 Profit Corporation Act of 1986. The Partnership's Board of
33 Directors shall consist of the Director of Commerce and
-107- LRB9111045EGfg
1 Community Affairs or his or her designee, the chief executive
2 of the City of Chicago's Office of Tourism, and 3 members
3 appointed by the Director of Commerce and Community Affairs.
4 One of the Director's appointees shall be a person with
5 leadership experience at a convention and tourism bureau in
6 Chicago certified by the Department, and 2 of the Director's
7 appointees shall be persons with leadership experience at
8 convention and tourism bureaus in the State outside the City
9 of Chicago certified by the Department with active
10 international tourism marketing programs. The powers and
11 duties of the Partnership shall be to (i) work with the
12 Department for efficient use of their international tourism
13 marketing resources, (ii) promote Illinois in international
14 meetings and tourism markets, (iii) work with convention and
15 tourism bureaus throughout the State to increase the number
16 of international tourists to Illinois, and (iv) provide
17 training, technical support, and grants to convention and
18 tourism bureaus in cities other than Chicago.
19 (b) The Department shall make the grants from money in
20 the International Tourism Fund, a special fund created in the
21 State Treasury. Of the amounts deposited into the Fund in
22 fiscal year 2000 after January 1, 2000, 55% shall be used for
23 grants to convention and tourism bureaus in Chicago (other
24 than the City of Chicago's Office of Tourism) and 45% shall
25 be used for grants to the Illinois Partnership for
26 International Meetings and Tourism. Of the amounts deposited
27 into the Fund in fiscal year 2001 and thereafter, 27.5% shall
28 be used for grants to the City of Chicago's Office of
29 Tourism, 27.5% shall be used for grants to other convention
30 and tourism bureaus in Chicago, and 45% shall be used for
31 grants to the Illinois Partnership for International Meetings
32 and Tourism. Of the amounts granted to the Partnership, not
33 less than $1,000,000 shall be used annually to make grants to
34 convention and tourism bureaus in cities other than Chicago
-108- LRB9111045EGfg
1 that demonstrate their international tourism appeal and
2 request to develop or expand their international tourism
3 marketing program.
4 (c) A convention and tourism bureau is eligible to
5 receive grant moneys under this Section if the bureau (i) is
6 a unit of local government or is an entity established under
7 the General Not For Profit Corporation Act of 1986, (ii) is
8 affiliated with at least one municipality or county, (iii)
9 employs at least one full-time staff person, and (iv) is
10 certified by the Department as the designated recipient to
11 serve an area of the State. The City of Chicago's Office of
12 Tourism and all convention and tourism bureaus must provide
13 matching funds equal to the grant to be eligible to receive
14 the grant. Grants received by the City of Chicago's Office
15 of Tourism and by convention and tourism bureaus in Chicago
16 may be expended for the general purposes of promoting
17 conventions and tourism.
18 (Source: P.A. 91-604, eff. 8-16-99; revised 12-10-99.)
19 (20 ILCS 605/605-800) (was 20 ILCS 605/46.19a in part)
20 Sec. 605-800. Training grants for skills in critical
21 demand.
22 (a) Grants to provide training in fields affected by
23 critical demands for certain skills may be made as provided
24 in this Section.
25 (b) The Director may make grants to eligible employers
26 or to other eligible entities on behalf of employers as
27 authorized in subsection (c) to provide training for
28 employees in fields for which there are critical demands for
29 certain skills.
30 (c) The Director may accept applications for training
31 grant funds and grant requests from: (i) entities sponsoring
32 multi-company eligible employee training projects as defined
33 in subsection (d), including business associations, strategic
-109- LRB9111045EGfg
1 business partnerships, institutions of secondary or higher
2 education, large manufacturers for supplier network
3 companies, federal Job Training Partnership Act
4 administrative entities or grant recipients, and labor
5 organizations when those projects will address common
6 training needs identified by participating companies; and
7 (ii) individual employers that are undertaking eligible
8 employee training projects as defined in subsection (d),
9 including intermediaries and training agents.
10 (d) The Director may make grants to eligible applicants
11 as defined in subsection (c) for employee training projects
12 that include, but need not be limited to, one or more of the
13 following:
14 (1) Training programs in response to new or
15 changing technology being introduced in the workplace.
16 (2) Job-linked training that offers special skills
17 for career advancement or that is preparatory for, and
18 leads directly to, jobs with definite career potential
19 and long-term job security.
20 (3) Training necessary to implement total quality
21 management or improvement or both management and
22 improvement systems within the workplace.
23 (4) Training related to new machinery or equipment.
24 (5) Training of employees of companies that are
25 expanding into new markets or expanding exports from
26 Illinois.
27 (6) Basic, remedial, or both basic and remedial
28 training of employees as a prerequisite for other
29 vocational or technical skills training or as a condition
30 for sustained employment.
31 (7) Self-employment training of the unemployed and
32 underemployed with comprehensive, competency-based
33 instructional programs and services, entrepreneurial
34 education and training initiatives for youth and adult
-110- LRB9111045EGfg
1 learners in cooperation with the Illinois Institute for
2 Entrepreneurial Education, training and education,
3 conferences, workshops, and best practice information for
4 local program operators of entrepreneurial education and
5 self-employment training programs.
6 (8) Other training activities or projects, or both
7 training activities and projects, related to the support,
8 development, or evaluation of job training programs,
9 activities, and delivery systems, including training
10 needs assessment and design.
11 (e) Grants shall be made on the terms and conditions
12 that the Department shall determine. No grant made under
13 subsection (d), however, shall exceed 50% of the direct costs
14 of all approved training programs provided by the employer or
15 the employer's training agent or other entity as defined in
16 subsection (c). Under this Section, allowable costs include,
17 but are not limited to:
18 (1) Administrative costs of tracking, documenting,
19 reporting, and processing training funds or project
20 costs.
21 (2) Curriculum development.
22 (3) Wages and fringe benefits of employees.
23 (4) Training materials, including scrap product
24 costs.
25 (5) Trainee travel expenses.
26 (6) Instructor costs, including wages, fringe
27 benefits, tuition, and travel expenses.
28 (7) Rent, purchase, or lease of training equipment.
29 (8) Other usual and customary training costs.
30 (f) The Director will ensure that a minimum of one
31 on-site grant monitoring visit is conducted by the Department
32 either during the course of the grant period or within 6
33 months following the end of the grant period. The Department
34 shall verify that the grantee's financial management system
-111- LRB9111045EGfg
1 is structured to provide for accurate, current, and complete
2 disclosure of the financial results of the grant program in
3 accordance with all provisions, terms, and conditions
4 contained in the grant contract.
5 (g) The Director may establish and collect a schedule of
6 charges from subgrantee entities and other system users under
7 federal job-training programs for participating in and
8 utilizing the Department's automated job-training program
9 information systems if the systems and the necessary
10 participation and utilization are requirements of the federal
11 job-training programs. All monies collected pursuant to this
12 subsection shall be deposited into the Federal Job-Training
13 Information Systems Revolving Fund created in Section 605-805
14 35-805.
15 (Source: P.A. 90-454, eff. 8-16-97; 91-239, eff. 1-1-00;
16 91-476, eff. 8-11-99; revised 10-20-99.)
17 (20 ILCS 605/605-817) (was 20 ILCS 605/46.19k)
18 Sec. 605-817. 46.19k. Family loan program.
19 (a) From amounts appropriated for such purpose, the
20 Department in consultation with the Department of Human
21 Services shall solicit proposals to establish programs to be
22 known as family loan programs. Such programs shall provide
23 small, no-interest loans to custodial parents with income
24 below 200% of the federal poverty level an who are working or
25 enrolled in a post-secondary education program, to aid in
26 covering the costs of unexpected expenses that could
27 interfere with their ability to maintain employment or
28 continue education. Loans awarded through a family loan
29 program may be paid directly to a third party on behalf of a
30 loan recipient and in either case shall not constitute income
31 or resources for the purposes of public assistance and care
32 so long as the funds are used for the intended purpose.
33 (b) The Director shall enter into written agreements
-112- LRB9111045EGfg
1 with not-for-profit organizations or local government
2 agencies to administer loan pools. Agreements shall be
3 entered into with no more than 4 organizations or agencies,
4 no more than one of which shall be located in the city of
5 Chicago.
6 (c) Program sites shall be approved based on the
7 demonstrated ability of the organization or governmental
8 agency to secure funding from private or public sources
9 sufficient to establish a loan pool to be maintained through
10 repayment agreements entered into by eligible low-income
11 families. Funds awarded by the Department to approved
12 program sites shall be used for the express purposes of
13 covering staffing and administration costs associated with
14 administering the loan pool.
15 (Source: P.A. 91-372, eff. 1-1-00; revised 8-11-99.)
16 (20 ILCS 605/605-850) (was 20 ILCS 605/46.32a in part)
17 Sec. 605-850. Labor-management-community relations;
18 Labor-Management-Community Labor-Management Cooperation
19 Committee.
20 (a) Because economic development investment programs
21 must be supplemented with efforts to maintain a skilled,
22 stable, and diverse workforce able to meet the needs of new
23 and growing business enterprises, the Department shall
24 promote better labor-management-community and government
25 operations by providing assistance in the development of
26 local labor-management-community committees and coalitions
27 established to address employment issues facing families and
28 by helping Illinois current and prospective employers attract
29 and retain a diverse and productive workforce through the
30 promotion and support of dependent care policies and programs
31 in the workplace and community.
32 (b) In the Department there shall be a
33 Labor-Management-Community Cooperation Committee composed of
-113- LRB9111045EGfg
1 18 public members appointed by the Governor with the advice
2 and consent of the Senate. Six members shall represent
3 executive level management of businesses, 6 members shall
4 represent major labor union leadership, and 6 members shall
5 represent community leadership. The Governor shall designate
6 one 1 business representative and one 1 labor representative
7 as cochairmen. Appointed members shall not be represented at
8 a meeting by another person. There shall be 9 ex officio
9 nonvoting members: the Director, who shall serve as
10 Secretary, the Director of Labor, the Secretary of Human
11 Services, the Director of Public Health, the Director of
12 Employment Security, the President of the Senate, the
13 Minority Leader of the Senate, the Speaker of the House of
14 Representatives, and the Minority Leader of the House of
15 Representatives. Each ex officio member shall serve during
16 the term of his or her office. Ex officio members may be
17 represented by duly authorized substitutes.
18 In making the initial public member appointments to the
19 Committee, 3 of the business representatives and 3 of the
20 labor union representatives shall be appointed for terms
21 expiring July 1, 1987. The remaining public members shall be
22 appointed for terms expiring July 1, 1988. The public
23 members appointed under this amendatory Act of the 91st
24 General Assembly shall be divided into 2 groups with the
25 first group having terms that expire on July 1, 2002 and the
26 second group having terms that expire on July 1, 2003.
27 Thereafter, public members of the Committee shall be
28 appointed for terms of 2 years expiring on July 1, or until
29 their successors are appointed and qualified. The Governor
30 may at any time, with the advice and consent of the Senate,
31 make appointments to fill vacancies for the balance of an
32 unexpired term. Public members shall serve without
33 compensation but shall be reimbursed by the Department for
34 necessary expenses incurred in the performance of their
-114- LRB9111045EGfg
1 duties. The Department shall provide staff assistance to the
2 Committee.
3 (c) The Committee shall have the following duties:
4 (1) To improve communications between labor,
5 management, and communities on significant economic
6 problems facing the State, especially with respect to
7 identifying new ways to attract and retain employees and
8 provide an environment in which employees can do their
9 best work.
10 (2) To encourage and support the development of
11 local labor, management, and community committees at the
12 plant, industry and area levels across the State and
13 encourage and support the development of local coalitions
14 to support the implementation of family-friendly policies
15 in the workplace.
16 (3) To assess the progress of area
17 labor-management-community committees and local
18 coalitions that have been formed across the State and
19 provide input to the Governor and General Assembly
20 concerning grant programs established in this Act.
21 (4) To convene a statewide conference on
22 labor-management-community concerns at least once every 2
23 years and to convene a series of regional work, family,
24 and community planning conferences throughout the State
25 for employers, unions, and community leaders to form
26 local coalitions to share information, pool resources,
27 and address work and family concerns in their own
28 communities.
29 (5) To issue a report on labor-management-community
30 and employment-related family concerns to the Governor
31 and the General Assembly every 2 years. This report
32 shall outline the accomplishments of the Committee and
33 specific recommendations for improving statewide
34 labor-management-community relations and supporting the
-115- LRB9111045EGfg
1 adoption of family-friendly work practices throughout the
2 State.;
3 (6) To advise the Department on dependent care and
4 other employment-related family initiatives.; and
5 (7) To advise the Department on other initiatives
6 to foster maintenance and development of productive,
7 stable, and diverse workforces to supplement and advance
8 community and State investment-based economic development
9 programs.
10 (Source: P.A. 91-239, eff. 1-1-00; 91-357, eff. 7-29-99;
11 91-476, eff. 8-11-99; revised 10-20-99.)
12 (20 ILCS 605/605-855) (was 20 ILCS 605/46.32a in part)
13 Sec. 605-855. Grants to local coalitions and
14 labor-management-community labor-management committees.
15 (a) The Director, with the advice of the
16 Labor-Management-Community Cooperation Committee, shall have
17 the authority to provide grants to employee coalitions or
18 other coalitions that enhance or promote work and family
19 programs and address specific community concerns, and to
20 provide matching grants, grants, and other resources to
21 establish or assist area labor-management-community
22 committees and other projects that serve to enhance
23 labor-management-community relations. The Department shall
24 have the authority, with the advice of the
25 Labor-Management-Community Cooperation Committee, to award
26 grants or matching grants in the following 4 areas as
27 provided in subsections (b) through (g) (e).
28 (b) To provide 60% Matching grants to existing local
29 labor-management-community committees. To be eligible for
30 matching grants pursuant to this subsection, local
31 labor-management-community committees shall meet all of the
32 following criteria:
33 (1) Be a formal, not-for-profit organization
-116- LRB9111045EGfg
1 structured for continuing service with voluntary
2 membership.
3 (2) Be composed of labor, management, and community
4 representatives.
5 (3) Service a distinct and identifiable geographic
6 region.
7 (4) Be staffed by a professional chief executive
8 officer.
9 (5) Have been established with the Department for
10 at least 2 years.
11 (6) Operate in compliance with rules set forth by
12 the Department with the advice of the
13 Labor-Management-Community Cooperation Committee.
14 (7) Ensure that their efforts and activities are
15 coordinated with relevant agencies, including but not
16 limited to the following:
17 Department of Commerce and Community Affairs
18 Illinois Department of Labor
19 Economic development agencies
20 Planning agencies
21 Colleges, universities, and community colleges
22 U.S. Department of Labor
23 Statewide Job Training Partnership Act entities
24 or entities under any successor federal workforce
25 training and development legislation.
26 Further, the purpose of the local
27 labor-management-community committees will include, but not
28 be limited to, the following:
29 (i) (8) Enhancing the positive
30 labor-management-community relationship within the State,
31 region, community, and/or work place.
32 (ii) (9) Assisting in the retention, expansion, and
33 attraction of businesses and jobs within the State
34 through special training programs, gathering and
-117- LRB9111045EGfg
1 disseminating information, and providing assistance in
2 local economic development efforts as appropriate.
3 (iii) (10) Creating and maintaining a regular
4 nonadversarial forum for ongoing dialogue between labor,
5 management, and community representatives to discuss and
6 resolve issues of mutual concern outside the realm of the
7 traditional collective bargaining process.
8 (iv) (11) Acting as an intermediary for initiating
9 local programs between unions and employers that would
10 generally improve economic conditions in a region.
11 (v) (12) Encouraging, assisting, and facilitating
12 the development of work-site and industry
13 labor-management-community committees in the region.
14 Any local labor-management-community committee meeting
15 these criteria may apply to the Department for annual
16 matching grants, provided that the local committee
17 contributes at least 25% in matching funds, of which no more
18 than 50% shall be "in-kind" services. Funds received by a
19 local committee pursuant to this subsection shall be used for
20 the ordinary operating expenses of the local committee.
21 (c) To provide 20% Matching grants to local
22 labor-management-community committees that do not meet all of
23 the eligibility criteria set forth in subsection (b).
24 However, to be eligible to apply for a grant under this
25 subsection (c), the local labor-management-community
26 committee, at a minimum, shall meet all of the following
27 criteria:
28 (1) Be composed of labor, management, and community
29 representatives.
30 (2) Service a distinct and identifiable geographic
31 region.
32 (3) Operate in compliance with the rules set forth
33 by the Department with the advice of the
34 Labor-Management-Community Cooperation Committee.
-118- LRB9111045EGfg
1 (4) Ensure that its efforts and activities are
2 directed toward enhancing the labor-management-community
3 relationship within the State, region, community, and/or
4 work place.
5 Any local labor-management-community committee meeting
6 these criteria may apply to the Department for an annual
7 matching grant, provided that the local committee contributes
8 at least 25% in matching funds of which no more than 50%
9 shall be "in-kind" services. Funds received by a local
10 committee pursuant to this subsection (c) shall be used for
11 the ordinary and operating expenses of the local committee.
12 Eligible committees shall be limited to 3 years of funding
13 under this subsection. With respect to those committees
14 participating in this program prior to enactment of this
15 amendatory Act of 1988 that fail to qualify under paragraph
16 (1) of this subsection (c), previous years' funding shall be
17 counted in determining whether those committees have reached
18 their funding limit under this subsection (c) paragraph (2).
19 (d) To provide 10% Grants to develop and conduct
20 specialized education and training programs of direct benefit
21 to representatives of labor, management,
22 labor-management-community committees and/or their staff.
23 The type of education and training programs to be developed
24 and offered will be determined and prioritized annually by
25 the Department, with the advice of the
26 Labor-Management-Community Cooperation Committee. The
27 Department will develop and issue an annual request for
28 proposals detailing the program specifications.
29 (e) To provide 10% Grants for research and development
30 projects related to labor-management-community or
31 employment-related family issues. The Department, with the
32 advice of the Labor-Management-Community Cooperation
33 Committee, will develop and prioritize annually the type and
34 scope of the research and development projects deemed
-119- LRB9111045EGfg
1 necessary.
2 (f) (5) To provide Grants of up to a maximum of $5,000
3 to support the planning of regional work, family, and
4 community planning conferences that will be based on specific
5 community concerns.
6 (g) (6) To provide Grants to initiate or support
7 recently created employer-led coalitions to establish pilot
8 projects that promote the understanding of the work and
9 family issues and support local workforce dependent care
10 services.
11 (h) (f) The Department is authorized to establish
12 applications and application procedures and promulgate any
13 rules deemed necessary in the administration of the grants.
14 (Source: P.A. 91-239, eff. 1-1-00; 91-357, eff. 7-29-99;
15 91-476, eff. 8-11-99; revised 10-20-99.)
16 (20 ILCS 605/605-860) (was 20 ILCS 605/46.32a in part)
17 Sec. 605-860. Office of Work and Family Issues Labor
18 Management Corporation. To administer the grant programs
19 created by this Law, the Department shall establish an Office
20 of Work and Family Issues. The purpose of this office shall
21 include, but not be limited to the following:
22 (1) To administer the grant programs, including
23 developing grant applications and requests for proposals,
24 program monitoring, and evaluation.
25 (2) To serve as State liaison with other state,
26 regional, and national organizations devoted to promoting
27 labor-management-community cooperation and
28 employment-related family issues; and to disseminate
29 pertinent information secured through these State,
30 regional, and national affiliations to local
31 labor-management-community committees, the
32 Labor-Management-Community Cooperation Committee,
33 employer coalitions, Illinois Employment and Training
-120- LRB9111045EGfg
1 Centers, and other interested parties throughout the
2 State.
3 (3) To provide technical assistance to area,
4 industry, or work-site labor-management-community
5 committees as requested.
6 (4) To serve as a clearinghouse for information
7 related to labor-management-community cooperation.
8 (5) To serve as a catalyst to developing and
9 strengthening a partnership among local, State, regional,
10 and national organizations and agencies devoted to
11 enhancing labor-management-community cooperation and
12 employment-related family issues.
13 (6) To provide any other programs or services that
14 enhance labor-management-community cooperation or that
15 may promote the adoption of family-friendly workplace
16 practices at companies located within the State of
17 Illinois as determined by the Director with the advice of
18 the Labor-Management-Community Cooperation Committee.
19 (7) To establish an Illinois Work and Family
20 Clearinghouse to disseminate best-practice work and
21 family policies and practices throughout the State,
22 including through the Illinois Employment and Training
23 Centers; to provide and develop a computerized database
24 listing dependent care information and referral services;
25 to help employers by providing information about options
26 for dependent care assistance;, to conduct and compile
27 research on elder care, child care, and other
28 employment-related family issues in Illinois; and to
29 compile and disseminate any other information or services
30 that support the adoption of family-friendly workplace
31 practices at companies located in the State.
32 (Source: P.A. 91-239, eff. 1-1-00; 91-357, eff. 7-29-99;
33 91-467, eff. 8-11-99; revised 10-20-99.)
-121- LRB9111045EGfg
1 (20 ILCS 605/605-940) (was 20 ILCS 605/46.37)
2 Sec. 605-940. Clearing house for local government
3 problems; aid with financial and administrative matters. The
4 Department shall provide for a central clearing house for
5 information concerning local government problems and various
6 solutions to those problems and shall assist and aid local
7 governments of the State in matters relating to budgets,
8 fiscal procedures, and administration. In performing this
9 responsibility the Department shall have the power and duty
10 to do the following:
11 (1) Maintain communication with all local
12 governments and assist them, at their request, to improve
13 their administrative procedures and to facilitate
14 improved local government and development.
15 (2) Assemble and disseminate information concerning
16 State and federal programs, grants, gifts, and subsidies
17 available to local governments and to provide counsel and
18 technical services and other assistance in applying for
19 those programs, grants, gifts, and subsidies.
20 (3) Assist in coordinating activities by obtaining
21 information, on forms provided by the Department or by
22 receipt of proposals and applications, concerning State
23 and federal assisted programs, grants, gifts, and
24 subsidies applied for and received by all local
25 governments.
26 (4) Provide direct consultative services to local
27 governments upon request and provide staff services to
28 special commissions, the Governor, or the General
29 Assembly or its committees.
30 (5) Render advice and assistance with respect to
31 the establishment and maintenance of programs for the
32 training of local government officials and other
33 personnel.
34 (6) Act as the official State agency for the
-122- LRB9111045EGfg
1 receipt and distribution of federal funds that are or may
2 be provided to the State on a flat grant basis for
3 distribution to local governments or in the event federal
4 law requires a State agency to implement programs
5 affecting local governments and for State funds that are
6 or may be provided for the use of local governments
7 unless otherwise provided by law.
8 (7) Administer laws relating to local government
9 affairs as the General Assembly may direct.
10 (8) Provide all advice and assistance to improve
11 local government administration, ensure the economical
12 and efficient provision of local government services, and
13 make the Civil Administrative Code of Illinois effective.
14 (9) Give advice and counsel on fiscal problems of
15 local governments of the State to those local
16 governments.
17 (10) Prepare uniform budgetary forms for use by the
18 local governments of the State.
19 (11) Assist and advise the local governments of the
20 State in matters pertaining to budgets, appropriation
21 requests and ordinances, the determination of property
22 tax levies and rates, and other matters of a financial
23 nature.
24 (12) Be a repository for financial reports and
25 statements required by law of local governments of the
26 State, and publish financial summaries of those reports
27 and statements.
28 (13) (Blank).
29 (14) Prepare proposals and advise on the investment
30 of idle local government funds.
31 (15) Administer the program of grants, loans, and
32 loan guarantees under the federal Public Works and
33 Economic Development Act of 1965, 42 U.S.C. 3121 and
34 following, and receive and disburse State and federal
-123- LRB9111045EGfg
1 funds provided for that program and moneys received as
2 repayments of loans made under the program.
3 (16) After January 1, 1985, upon the request of
4 local governments, prepare and provide model financial
5 statement forms designed to communicate to taxpayers,
6 service consumers, voters, government employees, and news
7 media, in a non-technical manner, all significant
8 financial information regarding a particular local
9 government, and to prepare and provide to local
10 governments a summary of local governments' obligations
11 concerning the adoption of an annual operating budget.
12 The summary shall be set forth in a non-technical manner
13 and shall be designed principally for distribution to,
14 and the use of, taxpayers, service consumers, voters,
15 government employees, and news media.
16 (Source: P.A. 91-239, eff. 1-1-00; 91-583, eff. 1-1-00;
17 revised 10-26-99.)
18 Section 17. The Department of Employment Security Law of
19 the Civil Administrative Code of Illinois is amended by
20 changing Sections 1005-110 and 1005-130 as follows:
21 (20 ILCS 1005/1005-110) (was 20 ILCS 1005/44a)
22 Sec. 1005-110. Board of Review. The Board of Review in
23 the Department shall exercise all powers and be subject to
24 all duties conferred or imposed upon the Board by the
25 provisions of the Unemployment Insurance Act, in its own name
26 and without any direction, supervision, or control by the
27 Director.
28 (Source: P.A. 91-239, eff. 1-1-00; 91-357, eff. 7-29-99;
29 revised 8-5-99.)
30 (20 ILCS 1005/1005-130) (was 20 ILCS 1005/43a.14)
31 Sec. 1005-130. Exchange of information for child support
-124- LRB9111045EGfg
1 enforcement.
2 (a) The Department has the power to exchange with the
3 Illinois Department of Public Aid information that may be
4 necessary for the enforcement of child support orders entered
5 pursuant to the Illinois Public Aid Code, the Illinois
6 Marriage and Dissolution of Marriage Act, the Non-Support of
7 Spouse and Children Act, the Non-Support Punishment Act, the
8 Revised Uniform Reciprocal Enforcement of Support Act, the
9 Uniform Interstate Family Support Act, or the Illinois
10 Parentage Act of 1984.
11 (b) Notwithstanding any provisions in the Civil
12 Administrative Code of Illinois to the contrary, the
13 Department of Employment Security shall not be liable to any
14 person for any disclosure of information to the Illinois
15 Department of Public Aid under subsection (a) or for any
16 other action taken in good faith to comply with the
17 requirements of subsection (a).
18 (Source: P.A. 90-18, eff. 7-1-97; 91-239, eff. 1-1-00;
19 91-613, eff. 10-1-99; revised 8-5-99.)
20 Section 18. The Department of Insurance Law of the Civil
21 Administrative Code of Illinois is amended by renumbering
22 multiple versions of Section 56.3 as follows:
23 (20 ILCS 1405/1405-20) (was 20 ILCS 1405/56.3)
24 Sec. 1405-20. 56.3. Investigational cancer treatments;
25 study.
26 (a) The Department of Insurance shall conduct an
27 analysis and study of costs and benefits derived from the
28 implementation of the coverage requirements for
29 investigational cancer treatments established under Section
30 356y of the Illinois Insurance Code. The study shall cover
31 the years 2000, 2001, and 2002. The study shall include an
32 analysis of the effect of the coverage requirements on the
-125- LRB9111045EGfg
1 cost of insurance and health care, the results of the
2 treatments to patients, the mortality rate among cancer
3 patients, any improvements in care of patients, and any
4 improvements in the quality of life of patients.
5 (b) The Department shall report the results of its study
6 to the General Assembly and the Governor on or before March
7 1, 2003.
8 (Source: P.A. 91-406, eff. 1-1-00; revised 10-18-99.)
9 (20 ILCS 1405/1405-25) (was 20 ILCS 1405/56.3)
10 (Section scheduled to be repealed on July 1, 2000)
11 Sec. 1405-25. 56.3. Insurance Fraud Task Force.
12 (a) The Insurance Fraud Task Force is hereby established
13 and shall consist of the following:
14 (1) The Director of Insurance or his or her
15 designee.
16 (2) The Director of State Police or his or her
17 designee.
18 (3) The Attorney General or his or her designee.
19 (4) Nine representatives appointed by the Governor
20 by September 1, 1999 as follows:
21 (A) One representative of a county sheriff's
22 department.
23 (B) One representative of a United States
24 criminal investigative department or agency.
25 (C) One representative of a prosecuting
26 authority of a city, a village, an incorporated
27 town, a county, or this State.
28 (D) Two insurance consumers.
29 (E) Four persons at the discretion of the
30 Governor.
31 (5) Seven representatives of insurers appointed by
32 the Director of Insurance by September 1, 1999,
33 representing large, medium, and small property, casualty,
-126- LRB9111045EGfg
1 disability, life, and health insurers in this State, and
2 one representative of a health maintenance organization
3 appointed by the Director of Insurance by September 1,
4 1999.
5 (b) The Insurance Fraud Task Force shall do all of the
6 following:
7 (1) Investigate the issue of organized insurance
8 fraud and methods to combat organized insurance fraud.
9 (2) Examine ways to unite the resources of the
10 insurance industry with the appropriate components of
11 federal and State criminal justice systems so that
12 organized insurance fraud schemes are identified and
13 thoroughly investigated and the perpetrators are
14 prosecuted in the best interests of justice.
15 (3) Examine the concept of creating a private
16 agency to assist in combating organized insurance fraud
17 and all ways to fund the agency, including current
18 funding of insurance mechanisms related to insurance
19 crimes.
20 (4) Report to the Governor and the General Assembly
21 no later than July 1, 2000 on its findings and
22 recommendations.
23 (c) This Section is repealed on July 1, 2000.
24 (Source: P.A. 91-522, eff. 8-13-99; revised 10-18-99.)
25 Section 19. The Department of Professional Regulation
26 Law of the Civil Administrative Code of Illinois is amended
27 by changing Sections 2105-5, 2105-15, 2105-75, 2105-120, and
28 2105-150 and renumbering Section 60p as follows:
29 (20 ILCS 2105/2105-5) (was 20 ILCS 2105/60b)
30 Sec. 2105-5. Definitions.
31 (a) In this Law:
32 "Department" means the Department of Professional
-127- LRB9111045EGfg
1 Regulation.
2 "Director" means the Director of Professional Regulation.
3 (b) In the construction of this Section and Sections
4 2105-10, 2105-15, 2105-100, 2105-105, 2105-110, 2105-115,
5 2105-120, 2105-125, 2105-175, and 2105-325, the following
6 definitions shall govern unless the context otherwise clearly
7 indicates:
8 "Board" means the board of persons designated for a
9 profession, trade, or occupation under the provisions of any
10 Act now or hereafter in force whereby the jurisdiction of
11 that profession, trade, or occupation is devolved on the
12 Department.
13 "Certificate" means a license, certificate of
14 registration, permit, or other authority purporting to be
15 issued or conferred by the Department by virtue or authority
16 of which the registrant has or claims the right to engage in
17 a profession, trade, occupation, or operation of which the
18 Department has jurisdiction.
19 "Registrant" means a person who holds or claims to hold a
20 certificate.
21 (Source: P.A. 91-239, eff. 1-1-00; 91-357, eff. 7-29-99;
22 revised 8-6-99.)
23 (20 ILCS 2105/2105-15) (was 20 ILCS 2105/60)
24 Sec. 2105-15. General powers and duties.
25 (a) The Department has, subject to the provisions of the
26 Civil Administrative Code of Illinois, the following powers
27 and duties:
28 (1) To authorize examinations in English to
29 ascertain the qualifications and fitness of applicants to
30 exercise the profession, trade, or occupation for which
31 the examination is held.
32 (2) To prescribe rules and regulations for a fair
33 and wholly impartial method of examination of candidates
-128- LRB9111045EGfg
1 to exercise the respective professions, trades, or
2 occupations.
3 (3) To pass upon the qualifications of applicants
4 for licenses, certificates, and authorities, whether by
5 examination, by reciprocity, or by endorsement.
6 (4) To prescribe rules and regulations defining,
7 for the respective professions, trades, and occupations,
8 what shall constitute a school, college, or university,
9 or department of a university, or other institution,
10 reputable and in good standing, and to determine the
11 reputability and good standing of a school, college, or
12 university, or department of a university, or other
13 institution, reputable and in good standing, by reference
14 to a compliance with those rules and regulations;
15 provided, that no school, college, or university, or
16 department of a university, or other institution that
17 refuses admittance to applicants solely on account of
18 race, color, creed, sex, or national origin shall be
19 considered reputable and in good standing.
20 (5) To conduct hearings on proceedings to revoke,
21 suspend, refuse to renew, place on probationary status,
22 or take other disciplinary action as authorized in any
23 licensing Act administered by the Department with regard
24 to licenses, certificates, or authorities of persons
25 exercising the respective professions, trades, or
26 occupations and to revoke, suspend, refuse to renew,
27 place on probationary status, or take other disciplinary
28 action as authorized in any licensing Act administered by
29 the Department with regard to those licenses,
30 certificates, or authorities. The Department shall issue
31 a monthly disciplinary report. The Department shall deny
32 any license or renewal authorized by the Civil
33 Administrative Code of Illinois to any person who has
34 defaulted on an educational loan or scholarship provided
-129- LRB9111045EGfg
1 by or guaranteed by the Illinois Student Assistance
2 Commission or any governmental agency of this State;
3 however, the Department may issue a license or renewal if
4 the aforementioned persons have established a
5 satisfactory repayment record as determined by the
6 Illinois Student Assistance Commission or other
7 appropriate governmental agency of this State.
8 Additionally, beginning June 1, 1996, any license issued
9 by the Department may be suspended or revoked if the
10 Department, after the opportunity for a hearing under the
11 appropriate licensing Act, finds that the licensee has
12 failed to make satisfactory repayment to the Illinois
13 Student Assistance Commission for a delinquent or
14 defaulted loan. For the purposes of this Section,
15 "satisfactory repayment record" shall be defined by rule.
16 The Department shall refuse to issue or renew a license
17 to, or shall suspend or revoke a license of, any person
18 who, after receiving notice, fails to comply with a
19 subpoena or warrant relating to a paternity or child
20 support proceeding. However, the Department may issue a
21 license or renewal upon compliance with the subpoena or
22 warrant.
23 The Department, without further process or hearings,
24 shall revoke, suspend, or deny any license or renewal
25 authorized by the Civil Administrative Code of Illinois
26 to a person who is certified by the Illinois Department
27 of Public Aid as being more than 30 days delinquent in
28 complying with a child support order or who is certified
29 by a court as being in violation of the Non-Support of
30 Punishment Act for more than 60 days. The Department
31 may, however, issue a license or renewal if the person
32 has established a satisfactory repayment record as
33 determined by the Illinois Department of Public Aid or if
34 the person is determined by the court to be in compliance
-130- LRB9111045EGfg
1 with the Non-Support Punishment Act. The Department may
2 implement this paragraph as added by Public Act 89-6
3 through the use of emergency rules in accordance with
4 Section 5-45 of the Illinois Administrative Procedure
5 Act. For purposes of the Illinois Administrative
6 Procedure Act, the adoption of rules to implement this
7 paragraph shall be considered an emergency and necessary
8 for the public interest, safety, and welfare.
9 (6) To transfer jurisdiction of any realty under
10 the control of the Department to any other department of
11 the State Government or to acquire or accept federal
12 lands when the transfer, acquisition, or acceptance is
13 advantageous to the State and is approved in writing by
14 the Governor.
15 (7) To formulate rules and regulations necessary
16 for the enforcement of any Act administered by the
17 Department.
18 (8) To exchange with the Illinois Department of
19 Public Aid information that may be necessary for the
20 enforcement of child support orders entered pursuant to
21 the Illinois Public Aid Code, the Illinois Marriage and
22 Dissolution of Marriage Act, the Non-Support of Spouse
23 and Children Act, the Non-Support Punishment Act, the
24 Revised Uniform Reciprocal Enforcement of Support Act,
25 the Uniform Interstate Family Support Act, or the
26 Illinois Parentage Act of 1984. Notwithstanding any
27 provisions in this Code to the contrary, the Department
28 of Professional Regulation shall not be liable under any
29 federal or State law to any person for any disclosure of
30 information to the Illinois Department of Public Aid
31 under this paragraph (8) or for any other action taken in
32 good faith to comply with the requirements of this
33 paragraph (8).
34 (9) To perform other duties prescribed by law.
-131- LRB9111045EGfg
1 (b) The Department may, when a fee is payable to the
2 Department for a wall certificate of registration provided by
3 the Department of Central Management Services, require that
4 portion of the payment for printing and distribution costs be
5 made directly or through the Department to the Department of
6 Central Management Services for deposit into the Paper and
7 Printing Revolving Fund. The remainder shall be deposited
8 into the General Revenue Fund.
9 (c) For the purpose of securing and preparing evidence,
10 and for the purchase of controlled substances, professional
11 services, and equipment necessary for enforcement activities,
12 recoupment of investigative costs, and other activities
13 directed at suppressing the misuse and abuse of controlled
14 substances, including those activities set forth in Sections
15 504 and 508 of the Illinois Controlled Substances Act, the
16 Director and agents appointed and authorized by the Director
17 may expend sums from the Professional Regulation Evidence
18 Fund that the Director deems necessary from the amounts
19 appropriated for that purpose. Those sums may be advanced to
20 the agent when the Director deems that procedure to be in the
21 public interest. Sums for the purchase of controlled
22 substances, professional services, and equipment necessary
23 for enforcement activities and other activities as set forth
24 in this Section shall be advanced to the agent who is to make
25 the purchase from the Professional Regulation Evidence Fund
26 on vouchers signed by the Director. The Director and those
27 agents are authorized to maintain one or more commercial
28 checking accounts with any State banking corporation or
29 corporations organized under or subject to the Illinois
30 Banking Act for the deposit and withdrawal of moneys to be
31 used for the purposes set forth in this Section; provided,
32 that no check may be written nor any withdrawal made from any
33 such account except upon the written signatures of 2 persons
34 designated by the Director to write those checks and make
-132- LRB9111045EGfg
1 those withdrawals. Vouchers for those expenditures must be
2 signed by the Director. All such expenditures shall be
3 audited by the Director, and the audit shall be submitted to
4 the Department of Central Management Services for approval.
5 (d) Whenever the Department is authorized or required by
6 law to consider some aspect of criminal history record
7 information for the purpose of carrying out its statutory
8 powers and responsibilities, then, upon request and payment
9 of fees in conformance with the requirements of Section
10 2605-400 of the Department of State Police Law (20 ILCS
11 2605/2605-400), the Department of State Police is authorized
12 to furnish, pursuant to positive identification, the
13 information contained in State files that is necessary to
14 fulfill the request.
15 (e) The provisions of this Section do not apply to
16 private business and vocational schools as defined by Section
17 1 of the Private Business and Vocational Schools Act.
18 (f) Beginning July 1, 1995, this Section does not apply
19 to those professions, trades, and occupations licensed under
20 the Real Estate License Act of 2000, nor does it apply to any
21 permits, certificates, or other authorizations to do business
22 provided for in the Land Sales Registration Act of 1989 or
23 the Illinois Real Estate Time-Share Act.
24 (Source: P.A. 90-18, eff. 7-1-97; 91-239, eff. 1-1-00;
25 91-245, eff. 12-31-99; 91-613, eff. 10-1-99; revised
26 9-29-99.)
27 (20 ILCS 2105/2105-30) (was 20 ILCS 2105/60p)
28 Sec. 2105-30. 60p. License forms; notification of abuse.
29 Beginning January 1, 2000, each license or permit application
30 or renewal form the Department provides to a person who is
31 required by law to report child abuse or elder abuse must
32 include a notification that the applicant or licensee is
33 required by law to report that abuse and must include
-133- LRB9111045EGfg
1 telephone numbers the licensee may call to report the abuse.
2 (Source: P.A. 91-244, eff. 1-1-00; revised 11-3-99.)
3 (20 ILCS 2105/2105-75) (was 20 ILCS 2105/61f)
4 Sec. 2105-75. Design Professionals Dedicated Employees.
5 There are established within the Department certain design
6 professionals dedicated employees. These employees shall be
7 devoted exclusively to the administration and enforcement of
8 the Illinois Architecture Practice Act, the Illinois
9 Professional Land Surveyor Act of 1989, the Professional
10 Engineering Practice Act of 1989, and the Structural
11 Engineering Practice Act of 1989. The design professionals
12 dedicated employees that the Director shall employ, in
13 conformity with the Personnel Code, at a minimum shall
14 consist of one full-time design licensing Coordinator, one
15 full-time Assistant Coordinator, 4 full-time licensing
16 clerks, one full-time attorney, and 2 full-time
17 investigators. These employees shall work exclusively in the
18 licensing and enforcement of the design profession Acts set
19 forth in this Section and shall not be used for the licensing
20 and enforcement of any other Act or other duties in the
21 Department.
22 (Source: P.A. 91-91, eff. 7-9-99; 91-239, eff. 1-1-00;
23 91-357, eff. 7-29-99; revised 8-6-99.)
24 (20 ILCS 2105/2105-120) (was 20 ILCS 2105/60g)
25 Sec. 2105-120. Board's report; registrant's motion for
26 rehearing.
27 (a) The board shall present to the Director its written
28 report of its findings and recommendations. A copy of the
29 report shall be served upon the registrant, either personally
30 or by registered mail as provided in Section 2105-100 60c for
31 the service of the citation.
32 (b) Within 20 days after the service required under
-134- LRB9111045EGfg
1 subsection (a), the registrant may present to the Department
2 a motion in writing for a rehearing. The written motion
3 shall specify the particular grounds for a rehearing. If the
4 registrant orders and pays for a transcript of the record as
5 provided in Section 2105-115 60f, the time elapsing
6 thereafter and before the transcript is ready for delivery to
7 the registrant shall not be counted as part of the 20 days.
8 (Source: P.A. 91-239, eff. 1-1-00; 91-357, eff. 7-29-99;
9 revised 8-6-99.)
10 (20 ILCS 2105/2105-150) (was 20 ILCS 2105/60m)
11 Sec. 2105-150. Violations of Medical Practice Act.
12 Notwithstanding any of the provisions of Section 2105-5,
13 2105-15, 2105-100, 2105-105, 2105-110, 2105-115, 2105-120,
14 2105-125, 2105-175, 2105-200, or 2105-325 60a, 60d, 60g, of
15 this Law, for violations of Section 22 of the Medical
16 Practice Act of 1987, the Department shall suspend, revoke,
17 place on probationary status, or take other disciplinary
18 action as it deems proper with regard to licenses issued
19 under that Act only in accordance with Sections 7 and 36
20 through 46 of that Act.
21 (Source: P.A. 91-239, eff. 1-1-00; 91-357, eff. 7-29-99;
22 revised 8-6-99.)
23 Section 20. The Department of Public Health Powers and
24 Duties Law of the Civil Administrative Code of Illinois is
25 amended by changing Sections 2310-205, 2310-350, 2310-370,
26 2310-397, and 2310-430 and renumbering Sections 55.56a,
27 55.58a, 55.75a, 55.95, and multiple versions of Section 55.91
28 as follows:
29 (20 ILCS 2310/2310-205) (was 20 ILCS 2310/55.57)
30 Sec. 2310-205. Community health centers. From
31 appropriations from the Community Health Center Care Fund, a
-135- LRB9111045EGfg
1 special fund in the State treasury which is hereby created,
2 the Department shall provide financial assistance (i) (a) to
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 that meet the standards
6 contained in either of those Sections and (ii) for the
7 purpose of establishing new migrant health centers or
8 community health centers in areas of need.
9 (Source: P.A. 91-239, eff. 1-1-00; 91-357, eff. 7-29-99;
10 revised 8-6-99.)
11 (20 ILCS 2310/2310-227) (was 20 ILCS 2310/55.58a)
12 Sec. 2310-227. 55.58a. Study; nurse assistant incentive
13 program. The Department, in cooperation with the Illinois
14 Health Care Association, Life Services Network of Illinois,
15 the Illinois Council on Long Term Care, the County Nursing
16 Home Association, organized labor, the Illinois Community
17 College Board, the Southern Illinois University at Carbondale
18 Department of Workforce Education, the Illinois State Board
19 of Education, and the Department on Aging Ombudsman Program,
20 shall undertake a study to determine what incentives might be
21 necessary to attract and retain nurse assistants to work in
22 Illinois long-term care facilities. Based on any available
23 research and the experience of other states and the private
24 sector, a variety of incentive programs shall be examined for
25 their feasibility and possible development and implementation
26 in Illinois. Based upon the results of the study, the
27 Department shall implement a nurse assistant incentive
28 program no later than January 1, 2001, subject to available
29 appropriations.
30 (Source: P.A. 91-574, eff. 8-14-99; revised 10-25-99.)
31 (20 ILCS 2310/2310-322) (was 20 ILCS 2310/55.56a)
32 Sec. 2310-322. 55.56a. AIDS awareness; senior citizens.
-136- LRB9111045EGfg
1 The Department must include within its public health
2 promotion programs and materials information targeted to
3 persons 50 years of age and more concerning the dangers of
4 HIV and AIDS and sexually transmitted diseases.
5 (Source: P.A. 91-106, eff. 1-1-00; revised 8-6-99.)
6 (20 ILCS 2310/2310-337) (was 20 ILCS 2310/55.95)
7 Sec. 2310-337. 55.95. Asthma information.
8 (a) The Department of Public Health, in conjunction with
9 representatives of State and community based agencies
10 involved with asthma, shall develop and implement an asthma
11 information program targeted at population groups in Illinois
12 with high risk of suffering from asthma, including but not
13 limited to the following:
14 (1) African Americans.
15 (2) Hispanics.
16 (3) The elderly.
17 (4) Children.
18 (5) Those exposed to environmental factors
19 associated with high risk of asthma.
20 (6) Those with a family history of asthma.
21 (7) Those with allergies.
22 (b) The Department's asthma information program shall
23 include but need not be limited to information about:
24 (1) The causes and prevention of asthma.
25 (2) The types of treatment for asthma.
26 (3) The availability of treatment for asthma.
27 (4) Possible funding sources for treatment of
28 asthma.
29 (c) The Department shall report to the General Assembly
30 by January 1, 2000 upon its development and implementation of
31 the asthma information program.
32 (Source: P.A. 91-515, eff. 8-13-99; revised 10-21-99.)
-137- LRB9111045EGfg
1 (20 ILCS 2310/2310-350) (was 20 ILCS 2310/55.70)
2 Sec. 2310-350. Penny Severns Breast and Cervical Cancer
3 Research Fund. From funds appropriated from the Penny
4 Severns Breast and Cervical Cancer Research Fund, the
5 Department shall award grants to eligible physicians,
6 hospitals, laboratories, education institutions, and other
7 organizations and persons to enable organizations and persons
8 to conduct research. For the purposes of this Section,
9 "research" includes, but is not limited to, expenditures to
10 develop and advance the understanding, techniques, and
11 modalities effective in early detection, prevention, cure,
12 screening, and treatment of breast and cervical cancer and
13 may include clinical trials.
14 Moneys received for the purposes of this Section,
15 including but not limited to income tax checkoff receipts and
16 gifts, grants, and awards from private foundations, nonprofit
17 organizations, other governmental entities, and persons shall
18 be deposited into the Penny Severns Breast and Cervical
19 Cancer Research Fund, which is hereby created as a special
20 fund in the State treasury.
21 The Department shall create an advisory committee with
22 members from, but not limited to, the Illinois Chapter of the
23 American Cancer Society, Y-Me, the Susan G. Komen Foundation,
24 and the State Board of Health for the purpose of awarding
25 research grants under this Section. Members of the advisory
26 committee shall not be eligible for any financial
27 compensation or reimbursement.
28 (Source: P.A. 91-107, eff. 7-13-99; 91-239, eff. 1-1-00;
29 revised 8-6-99.)
30 (20 ILCS 2310/2310-351) (was 20 ILCS 2310/55.91)
31 Sec. 2310-351. 55.91. Ovarian cancer; Cancer Information
32 Service. The Department of Public Health, in cooperation
33 with the Cancer Information Service, shall promote the
-138- LRB9111045EGfg
1 services of the Cancer Information Service in relation to
2 ovarian cancer.
3 (Source: P.A. 91-108, eff. 7-13-99; revised 8-6-99.)
4 (20 ILCS 2310/2310-370) (was 20 ILCS 2310/55.76)
5 Sec. 2310-370. Heart Disease Treatment and Prevention
6 Fund; grants. From funds appropriated from the Heart Disease
7 Treatment and Prevention Fund, a special fund created in the
8 State treasury, the Department shall make grants to public
9 and private agencies for the purposes of funding (i) research
10 into causes, prevention, and treatment of heart disease and
11 (ii) public education relating to treatment and prevention of
12 heart disease within the State of Illinois.
13 (Source: P.A. 91-239, eff. 1-1-00; 91-357, eff. 7-29-99;
14 revised 8-6-99.)
15 (20 ILCS 2310/2310-397) (was 20 ILCS 2310/55.90)
16 Sec. 2310-397. Prostate and testicular cancer program.
17 (a) The Department, subject to appropriation or other
18 available funding, shall conduct a program to promote
19 awareness and early detection of prostate and testicular
20 cancer. The program may include, but need not be limited to:
21 (1) Dissemination of information regarding the
22 incidence of prostate and testicular cancer, the risk
23 factors associated with prostate and testicular cancer,
24 and the benefits of early detection and treatment.
25 (2) Promotion of information and counseling about
26 treatment options.
27 (3) Establishment and promotion of referral
28 services and screening programs.
29 (b) Subject to appropriation or other available funding,
30 a Prostate Cancer Screening Program shall be established in
31 the Department of Public Health.
32 (1) The Program shall apply to the following persons
-139- LRB9111045EGfg
1 and entities:
2 (A) uninsured and underinsured men 50 years of
3 age and older;
4 (B) uninsured and underinsured men between 40
5 and 50 years of age who are at high risk for
6 prostate cancer, upon the advice of a physician or
7 upon the request of the patient; and
8 (C) non-profit organizations providing
9 assistance to persons described in subparagraphs (A)
10 and (B).
11 (2) Any entity funded by the Program shall
12 coordinate with other local providers of prostate cancer
13 screening, diagnostic, follow-up, education, and advocacy
14 services to avoid duplication of effort. Any entity
15 funded by the Program shall comply with any applicable
16 State and federal standards regarding prostate cancer
17 screening.
18 (3) Administrative costs of the Department shall
19 not exceed 10% of the funds allocated to the Program.
20 Indirect costs of the entities funded by this Program
21 shall not exceed 12%. The Department shall define
22 "indirect costs" in accordance with applicable State and
23 federal law.
24 (4) Any entity funded by the Program shall collect
25 data and maintain records that are determined by the
26 Department to be necessary to facilitate the Department's
27 ability to monitor and evaluate the effectiveness of the
28 entities and the Program. Commencing with the Program's
29 second year of operation, the Department shall submit an
30 Annual Report to the General Assembly and the Governor.
31 The report shall describe the activities and
32 effectiveness of the Program and shall include, but not
33 be limited to, the following types of information
34 regarding those served by the Program:
-140- LRB9111045EGfg
1 (A) the number;
2 (B) the ethnic, geographic, and age breakdown;
3 (C) the stages of presentation; and
4 (D) the diagnostic and treatment status.
5 (5) The Department or any entity funded by the
6 Program shall collect personal and medical information
7 necessary to administer the Program from any individual
8 applying for services under the Program. The
9 information shall be confidential and shall not be
10 disclosed other than for purposes directly connected with
11 the administration of the Program or except as otherwise
12 provided by law or pursuant to prior written consent of
13 the subject of the information.
14 (6) The Department or any entity funded by the
15 program may disclose the confidential information to
16 medical personnel and fiscal intermediaries of the State
17 to the extent necessary to administer the Program, and to
18 other State public health agencies or medical researchers
19 if the confidential information is necessary to carry out
20 the duties of those agencies or researchers in the
21 investigation, control, or surveillance of prostate
22 cancer.
23 (c) The Department shall adopt rules to implement the
24 Prostate Cancer Screening Program in accordance with the
25 Illinois Administrative Procedure Act.
26 (Source: P.A. 90-599, eff. 1-1-99; 91-109, eff. 1-1-00;
27 91-239, eff. 1-1-00; revised 8-6-99.)
28 (20 ILCS 2310/2310-398) (was 20 ILCS 2310/55.91)
29 Sec. 2310-398. 55.91. Prostate Cancer Research Fund;
30 grants. From funds appropriated from the Prostate Cancer
31 Research Fund, a special fund created in the State treasury,
32 the Department of Public Health shall make grants to public
33 or private entities in Illinois, which may include the Lurie
-141- LRB9111045EGfg
1 Comprehensive Cancer Center at the Northwestern University
2 Medical School and the Kellogg Cancer Care Center at
3 Evanston/Glenbrook Hospitals, for the purpose of funding
4 research applicable to prostate cancer patients. The grant
5 funds may not be used for institutional overhead costs,
6 indirect costs, other organizational levies, or costs of
7 community-based support services.
8 (Source: P.A. 91-104, eff. 7-13-99; revised 8-6-99.)
9 (20 ILCS 2310/2310-430) (was 20 ILCS 2310/55.69)
10 Sec. 2310-430. Women's health issues.
11 (a) The Department shall designate a member of its staff
12 to handle women's health issues not currently or adequately
13 addressed by the Department.
14 (b) The staff person's duties shall include, without
15 limitation:
16 (1) Assisting in the assessment of the health needs
17 of women in the State.
18 (2) Recommending treatment methods and programs
19 that are sensitive and relevant to the unique
20 characteristics of women.
21 (3) Promoting awareness of women's health concerns
22 and encouraging, promoting, and aiding in the
23 establishment of women's services.
24 (4) Providing adequate and effective opportunities
25 for women to express their views on Departmental policy
26 development and program implementation.
27 (5) Providing information to the members of the
28 public, patients, and health care providers regarding
29 women's gynecological cancers, including but not limited
30 to the signs and symptoms, risk factors, the benefits of
31 early detection through appropriate diagnostic testing,
32 and treatment options.
33 (6) Publishing the health care summary required
-142- LRB9111045EGfg
1 under Section 2310-425 55.66 of this Act.
2 (c) The information provided under item (5) of
3 subsection (b) of this Section may include, but is not
4 limited to, the following:
5 (1) Educational and informational materials in
6 print, audio, video, electronic, or other media.
7 (2) Public service announcements and
8 advertisements.
9 (3) The health care summary required under Section
10 2310-425 55.66 of this Act.
11 The Department may develop or contract with others to
12 develop, as the Director deems appropriate, the materials
13 described in this subsection (c) or may survey available
14 publications from, among other sources, the National Cancer
15 Institute and the American Cancer Society. The staff person
16 designated under this Section shall collect the materials,
17 formulate a distribution plan, and disseminate the materials
18 according to the plan. These materials shall be made
19 available to the public free of charge.
20 In exercising its powers under this subsection (c), the
21 Department shall consult with appropriate health care
22 professionals and providers, patients, and organizations
23 representing health care professionals and providers and
24 patients.
25 (Source: P.A. 91-106, eff. 1-1-00; 91-239, eff. 1-1-00;
26 revised 8-6-99.)
27 (20 ILCS 2310/2310-537) (was 20 ILCS 2310/55.75a)
28 Sec. 2310-537. 55.75a. Review of inspection programs.
29 The Department of Public Health shall, utilizing the
30 expertise and membership of the Hospital Licensing Board
31 created pursuant to Section 10 of the Hospital Licensing Act,
32 conduct a review of the hospital inspection programs of the
33 Department under the Hospital Licensing Act and any other
-143- LRB9111045EGfg
1 hospital program operated by the Department. The required
2 review should include (i) a study of the basis for, and
3 establishment of, standards by the various entities who
4 regulate hospitals; (ii) the survey activities of any other
5 public or private agency inspecting hospitals; and (iii) the
6 interpretation and application of the adopted standards by
7 each of the entities.
8 The Department shall issue a report of the review and any
9 recommendations regarding the feasibility of development of a
10 consolidated or consistent set of regulations among the
11 various entities. The Department shall seek the input and
12 participation of the various federal and private
13 organizations that establish standards for hospitals. A
14 report shall be issued to the Governor and the General
15 Assembly by July 1, 2000.
16 (Source: P.A. 91-154, eff. 7-16-99; revised 8-6-99.)
17 Section 21. The Disabled Persons Rehabilitation Act is
18 amended by changing Section 12a as follows:
19 (20 ILCS 2405/12a) (from Ch. 23, par. 3443a)
20 Sec. 12a. Centers for independent living.
21 (a) Purpose. Recognizing that persons with significant
22 disabilities deserve a high quality of life within their
23 communities regardless of their disabilities, the Department,
24 working with the Statewide Independent Living Council, shall
25 develop a State plan for submission on an annual basis to the
26 Commissioner. The Department shall adopt rules for
27 implementing the State plan in accordance with the federal
28 Act, including rules adopted under the federal Act governing
29 the award of grants.
30 (b) Definitions. As used in this Section, unless the
31 context clearly requires otherwise:
32 "Federal Act" means the federal Rehabilitation Act of
-144- LRB9111045EGfg
1 1973, as amended.
2 "Center for independent living" means a consumer
3 controlled, community based, cross-disability,
4 non-residential, private non-profit agency that is designated
5 and operated within a local community by individuals with
6 disabilities and provides an array of independent living
7 services.
8 "Consumer controlled" means that the center for
9 independent living vests power and authority in individuals
10 with disabilities and that at least 51% of the directors of
11 the center are persons with one or more disabilities as
12 defined by this Act.
13 "Commissioner" means the Commissioner of the
14 Rehabilitation Services Administration in the United States
15 Department of Education.
16 "Council" means the Statewide Independent Living Council
17 appointed under subsection (d).
18 "Individual with a disability" means any individual who
19 has a physical or mental impairment that substantially limits
20 a major life activity, has a record of such an impairment, or
21 is regarded as having such an impairment.
22 "Individual with a significant disability" means an
23 individual with a significant physical or mental impairment,
24 whose ability to function independently in the family or
25 community or whose ability to obtain, maintain, or advance in
26 employment is substantially limited and for whom the delivery
27 of independent living services will improve the ability to
28 function, continue functioning, or move toward functioning
29 independently in the family or community or to continue in
30 employment.
31 "State plan" means the materials submitted by the
32 Department to the Commissioner on an annual basis that
33 contain the State's proposal for:
34 (1) The provision of statewide independent living
-145- LRB9111045EGfg
1 services.
2 (2) The development and support of a statewide
3 network of centers for independent living.
4 (3) Working relationships between (i) programs
5 providing independent living services and independent
6 living centers and (ii) the vocational rehabilitation
7 program administered by the Department under the federal
8 Act and other programs providing services for individuals
9 with disabilities.
10 (c) Authority. The unit of the Department headed by the
11 vocational rehabilitation administrator shall be designated
12 the State unit under Title VII of the federal Act and shall
13 have the following responsibilities:
14 (1) To receive, account for, and disburse funds
15 received by the State under the federal Act based on the
16 State plan.
17 (2) To provide administrative support services to
18 centers for independent living programs.
19 (3) To keep records, and take such actions with
20 respect to those records, as the Commissioner finds to be
21 necessary with respect to the programs.
22 (4) To submit additional information or provide
23 assurances the Commissioner may require with respect to
24 the programs.
25 The vocational rehabilitation administrator and the
26 Chairperson of the Council are responsible for jointly
27 developing and signing the State plan required by Section 704
28 of the federal Act. The State plan shall conform to the
29 requirements of Section 704 of the federal Act.
30 (d) Statewide Independent Living Council.
31 The Governor shall appoint a Statewide Independent Living
32 Council, comprised of 18 members, which shall be established
33 as an entity separate and distinct from the Department. The
34 composition of the Council shall include the following:
-146- LRB9111045EGfg
1 (1) At least one director of a center for
2 independent living chosen by the directors of centers for
3 independent living within the State.
4 (2) A representative from the unit of the
5 Department of Human Services responsible for the
6 administration of the vocational rehabilitation program
7 and a representative from another unit in the Department
8 of Human Services that provides services for individuals
9 with disabilities and a representative each from the
10 Department on Aging, the State Board of Education, and
11 the Department of Children and Family Services, all as
12 ex-officio, non-voting members who shall not be counted
13 in the 18 members appointed by the Governor.
14 In addition, the Council may include the following:
15 (A) One or more representatives of centers for
16 independent living.
17 (B) One or more parents or guardians of individuals
18 with disabilities.
19 (C) One or more advocates for individuals with
20 disabilities.
21 (D) One or more representatives of private
22 business.
23 (E) One or more representatives of organizations
24 that provide services for individuals with disabilities.
25 (F) Other appropriate individuals.
26 After soliciting recommendations from organizations
27 representing a broad range of individuals with disabilities
28 and organizations interested in individuals with
29 disabilities, the Governor shall appoint members of the
30 Council for terms beginning July 1, 1993. The Council shall
31 be composed of members (i) who provide statewide
32 representation; (ii) who represent a broad range of
33 individuals with disabilities from diverse backgrounds; (iii)
34 who are knowledgeable about centers for independent living
-147- LRB9111045EGfg
1 and independent living services; and (iv) a majority of whom
2 are persons who are individuals with disabilities and are not
3 employed by any State agency or center for independent
4 living.
5 The council shall elect a chairperson from among its
6 voting membership.
7 Each member of the Council shall serve for terms of 3
8 years, except that (i) a member appointed to fill a vacancy
9 occurring before the expiration of the term for which the
10 predecessor was appointed shall be appointed for the
11 remainder of that term and (ii) terms of the members
12 initially appointed after the effective date of this
13 amendatory Act of 1993 shall be as follows: 6 of the initial
14 members shall be appointed for terms of one year, 6 shall be
15 appointed for terms of 2 years, and 6 shall be appointed for
16 terms of 3 years. No member of the council may serve more
17 than 2 consecutive full terms.
18 Appointments to fill vacancies in unexpired terms and new
19 terms shall be filled by the Governor or by the Council if
20 the Governor delegates that power to the Council by executive
21 order. The vacancy shall not affect the power of the
22 remaining members to execute the powers and duties of the
23 Council. The Council shall have the duties enumerated in
24 subsections (c), (d), and (e) of Section 705 of the federal
25 Act.
26 Members shall be reimbursed for their actual expenses
27 incurred in the performance of their duties, including
28 expenses for travel, child care, and personal assistance
29 services, and a member who is not employed or who must
30 forfeit wages from other employment shall be paid reasonable
31 compensation for each day the member is engaged in performing
32 the duties of the Council. The reimbursement or compensation
33 shall be paid from moneys made available to the Department
34 under Part B of Title VII of the federal Act.
-148- LRB9111045EGfg
1 In addition to the powers and duties granted to advisory
2 boards by Section 5-505 of the Departments of State
3 Government Law (20 ILCS 5/5-505), the Council shall have the
4 authority to appoint jointly with the vocational
5 rehabilitation administrator a peer review committee to
6 consider and make recommendations for grants to eligible
7 centers for independent living.
8 (e) Grants to centers for independent living. Each
9 center for independent living that receives assistance from
10 the Department under this Section shall comply with the
11 standards and provide and comply with the assurances that are
12 set forth in the State plan and consistent with Section 725
13 of the federal Act. Each center for independent living
14 receiving financial assistance from the Department shall
15 provide satisfactory assurances at the time and in the manner
16 the vocational rehabilitation administrator requires.
17 Beginning October 1, 1994, the vocational rehabilitation
18 administrator may award grants to any eligible center for
19 independent living that is receiving funds under Title VII of
20 the federal Act, unless the vocational rehabilitation
21 administrator makes a finding that the center for independent
22 living fails to comply with the standards and assurances set
23 forth in Section 725 of the federal Act.
24 If there is no center for independent living serving a
25 region of the State or the region is underserved, and the
26 State receives a federal increase in its allotment sufficient
27 to support one or more additional centers for independent
28 living in the State, the vocational rehabilitation
29 administrator may award a grant under this subsection to one
30 or more eligible agencies, consistent with the provisions of
31 the State plan setting forth the design of the State for
32 establishing a statewide network for centers for independent
33 living.
34 In selecting from among eligible agencies in awarding a
-149- LRB9111045EGfg
1 grant under this subsection for a new center for independent
2 living, the vocational rehabilitation administrator and the
3 chairperson of (or other individual designated by) the
4 Council acting on behalf of and at the direction of the
5 Council shall jointly appoint a peer review committee that
6 shall rank applications in accordance with the standards and
7 assurances set forth in Section 725 of the federal Act and
8 criteria jointly established by the vocational rehabilitation
9 administrator and the chairperson or designated individual.
10 The peer review committee shall consider the ability of the
11 applicant to operate a center for independent living and
12 shall recommend an applicant to receive a grant under this
13 subsection based on the following:
14 (1) Evidence of the need for a center for
15 independent living, consistent with the State plan.
16 (2) Any past performance of the applicant in
17 providing services comparable to independent living
18 services.
19 (3) The applicant's plan for complying with, or
20 demonstrated success in complying with, the standards and
21 assurances set forth in Section 725 of the federal Act.
22 (4) The quality of key personnel of the applicant
23 and the involvement of individuals with significant
24 disabilities by the applicant.
25 (5) The budgets and cost effectiveness of the
26 applicant.
27 (6) The evaluation plan of the applicant.
28 (7) The ability of the applicant to carry out the
29 plan.
30 The vocational rehabilitation administrator shall award
31 the grant on the basis of the recommendation of the peer
32 review committee if the actions of the committee are
33 consistent with federal and State law.
34 (f) Evaluation and review. The vocational
-150- LRB9111045EGfg
1 rehabilitation administrator shall periodically review each
2 center for independent living that receives funds from the
3 Department under Title VII of the federal Act, or moneys
4 appropriated from the General Revenue Fund, to determine
5 whether the center is in compliance with the standards and
6 assurances set forth in Section 725 of the federal Act. If
7 the vocational rehabilitation administrator determines that
8 any center receiving those federal or State funds is not in
9 compliance with the standards and assurances set forth in
10 Section 725, the vocational rehabilitation administrator
11 shall immediately notify the center that it is out of
12 compliance. The vocational rehabilitation administrator
13 shall terminate all funds to that center 90 days after the
14 date of notification or, in the case of a center that
15 requests an appeal, the date of any final decision, unless
16 the center submits a plan to achieve compliance within 90
17 days and that plan is approved by the vocational
18 rehabilitation administrator or (if on appeal) by the
19 Commissioner.
20 (Source: P.A. 89-507, eff. 7-1-97; 90-14, eff. 7-1-97;
21 90-372, eff. 7-1-98; 90-453, eff. 8-16-97; 91-239, eff.
22 1-1-00; 91-540, eff. 8-13-99; revised 10-25-99.)
23 Section 22. The Department of Revenue Law of the Civil
24 Administrative Code of Illinois is amended by changing
25 Sections 2505-65 and 2505-650 as follows:
26 (20 ILCS 2505/2505-65) (was 20 ILCS 2505/39b12)
27 Sec. 2505-65. Exchange of information.
28 (a) The Department has the power to exchange with any
29 state, with any local subdivisions of any state, or with the
30 federal government, except when specifically prohibited by
31 law, any information that may be necessary to efficient tax
32 administration and that may be acquired as a result of the
-151- LRB9111045EGfg
1 administration of the laws set forth in the Sections
2 following Section 95-10 and preceding Section 2505-60.
3 (b) The Department has the power to exchange with the
4 Illinois Department of Public Aid information that may be
5 necessary for the enforcement of child support orders entered
6 pursuant to the Illinois Public Aid Code, the Illinois
7 Marriage and Dissolution of Marriage Act, the Non-Support of
8 Spouse and Children Act, the Non-Support Punishment Act, the
9 Revised Uniform Reciprocal Enforcement of Support Act, the
10 Uniform Interstate Family Support Act, or the Illinois
11 Parentage Act of 1984. Notwithstanding any provisions in this
12 Code to the contrary, the Department of Revenue shall not be
13 liable to any person for any disclosure of information to the
14 Illinois Department of Public Aid under this subsection (b)
15 or for any other action taken in good faith to comply with
16 the requirements of this subsection (b).
17 (Source: P.A. 90-18, eff. 7-1-97; 91-239, eff. 1-1-00;
18 91-613, eff. 10-1-99; revised 8-5-99.)
19 (20 ILCS 2505/2505-650) (was 20 ILCS 2505/39b52)
20 Sec. 2505-650. Collection of past due support. Upon
21 certification of past due child support amounts from the
22 Department of Public Aid, the Department of Revenue may
23 collect the delinquency in any manner authorized for the
24 collection of any tax administered by the Department of
25 Revenue. The Department of Revenue shall notify the
26 Department of Public Aid when the delinquency or any portion
27 of the delinquency has been collected under this Section.
28 Any child support delinquency collected by the Department of
29 Revenue, including those amounts that result in overpayment
30 of a child support delinquency, shall be paid to the State
31 Disbursement Unit established under Section 10-26 of the
32 Illinois Public Aid Code into into. The Department of
33 Revenue may implement this Section through the use of
-152- LRB9111045EGfg
1 emergency rules in accordance with Section 5-45 of the
2 Illinois Administrative Procedure Act. For purposes of the
3 Illinois Administrative Procedure Act, the adoption of rules
4 to implement this Section shall be considered an emergency
5 and necessary for the public interest, safety, and welfare.
6 (Source: P.A. 90-491, eff. 1-1-98; 91-212, eff. 7-20-99;
7 91-239, eff. 1-1-00; revised 8-5-99.)
8 Section 23. The Department of State Police Law of the
9 Civil Administrative Code of Illinois is amended by changing
10 Section 2605-40 and resectioning material added to Section
11 55a as follows:
12 (20 ILCS 2605/2605-40) (was 20 ILCS 2605/55a-4)
13 Sec. 2605-40. Division of Forensic Services. The
14 Division of Forensic Services shall exercise the following
15 functions:
16 (1) Exercise the rights, powers, and duties vested
17 by law in the Department by the Criminal Identification
18 Act.
19 (2) Exercise the rights, powers, and duties vested
20 by law in the Department by Section 2605-300 of this Law.
21 (3) Provide assistance to local law enforcement
22 agencies through training, management, and consultant
23 services.
24 (4) Exercise the rights, powers, and duties vested
25 by law in the Department by the Firearm Owners
26 Identification Card Act.
27 (5) Exercise other duties that may be assigned by
28 the Director in order to fulfill the responsibilities and
29 achieve the purposes of the Department.
30 (6) Establish and operate a forensic science
31 laboratory system, including a forensic toxicological
32 laboratory service, for the purpose of testing specimens
-153- LRB9111045EGfg
1 submitted by coroners and other law enforcement officers
2 in their efforts to determine whether alcohol, drugs, or
3 poisonous or other toxic substances have been involved in
4 deaths, accidents, or illness. Forensic toxicological
5 laboratories shall be established in Springfield,
6 Chicago, and elsewhere in the State as needed.; and
7 (7) 7. Subject to specific appropriations made for
8 these purposes, to establish and coordinate a system for
9 providing accurate and expedited forensic science and
10 other investigative and laboratory services to local law
11 enforcement agencies and local State's Attorneys in aid
12 of the investigation and trial of capital cases.
13 (Source: P.A. 90-130, eff. 1-1-98; 91-239, eff. 1-1-00;
14 91-589, eff. 1-1-00; revised 10-26-99.)
15 (20 ILCS 2605/2605-302) (was 20 ILCS 2605/55a in part)
16 Sec. 2605-302. Arrest reports.
17 (a) 5.5. Provide, When an individual is arrested, that
18 the following information must be made available to the news
19 media for inspection and copying:
20 (1) (a) Information that identifies the individual
21 person, including the name, age, address, and photograph,
22 when and if available.
23 (2) (b) Information detailing any charges relating
24 to the arrest.
25 (3) (c) The time and location of the arrest.
26 (4) (d) The name of the investigating or arresting
27 law enforcement agency.
28 (5) (e) If the individual is incarcerated, the
29 amount of any bail or bond.
30 (6) (f) If the individual is incarcerated, the time
31 and date that the individual was received, discharged, or
32 transferred from the arresting agency's custody.
33 (b) (1) The information required by this Section
-154- LRB9111045EGfg
1 paragraph must be made available to the news media for
2 inspection and copying as soon as practicable, but in no
3 event shall the time period exceed 72 hours from the arrest.
4 The information described in items (3), (4), (5), and (6) of
5 subsection (a) subparagraphs (c), (d), (e), and (f) of this
6 paragraph, however, may be withheld if it is determined that
7 disclosure would (i) interfere with pending or actually and
8 reasonably contemplated law enforcement proceedings conducted
9 by any law enforcement or correctional agency; (ii) endanger
10 the life or physical safety of law enforcement or
11 correctional personnel or any other person; or (iii)
12 compromise the security of any correctional facility.
13 (c) (2) For the purposes of this Section paragraph, the
14 term "news media" means personnel of a newspaper or other
15 periodical issued at regular intervals, a news service, a
16 radio station, a television station, a community antenna
17 television service, or a person or corporation engaged in
18 making news reels or other motion picture news for public
19 showing.
20 (d) (3) Each law enforcement or correctional agency may
21 charge fees for arrest records, but in no instance may the
22 fee exceed the actual cost of copying and reproduction. The
23 fees may not include the cost of the labor used to reproduce
24 the arrest record.
25 (e) (4) The provisions of this Section paragraph do not
26 supersede the confidentiality provisions for arrest records
27 of the Juvenile Court Act of 1987.
28 (Source: P.A. 91-309, eff. 7-29-99; revised 11-3-99.)
29 (20 ILCS 2605/2605-330) (was 20 ILCS 2605/55a in part)
30 Sec. 2605-330. Firefighter background investigations.
31 37. Upon the request of the chief of a volunteer fire
32 department, the Department shall conduct criminal background
33 investigations of prospective firefighters and report to the
-155- LRB9111045EGfg
1 requesting chief any record of convictions maintained in the
2 Department's files about those persons. The Department may
3 charge a fee, based on actual costs, for the dissemination of
4 conviction information under this Section paragraph. The
5 Department may prescribe the form and manner for requesting
6 and furnishing conviction information under this Section
7 paragraph.
8 (Source: P.A. 91-371, eff. 1-1-00; revised 11-3-99.)
9 (20 ILCS 2605/2605-475) (was 20 ILCS 2605/55a in part)
10 Sec. 2605-475. Wireless Emergency Telephone Safety Act.
11 37. To exercise the powers and perform the duties
12 specifically assigned to the Department under the Wireless
13 Emergency Telephone Safety Act with respect to the
14 development and improvement of emergency communications
15 procedures and facilities in such a manner as to facilitate a
16 quick response to any person calling the number "9-1-1"
17 seeking police, fire, medical, or other emergency services
18 through a wireless carrier as defined in Section 10 of the
19 Wireless Emergency Telephone Safety Act. Nothing in the
20 Wireless Emergency Telephone Safety Act shall require the
21 Illinois State Police to provide wireless enhanced 9-1-1
22 services.
23 (Source: P.A. 91-660, eff. 12-22-99; revised 1-17-00.)
24 Section 24. The Criminal Identification Act is amended
25 by changing Section 3 as follows:
26 (20 ILCS 2630/3) (from Ch. 38, par. 206-3)
27 Sec. 3. Information to be furnished peace officers and
28 commanding officers of certain military installations in
29 Illinois.
30 (A) The Department shall file or cause to be filed all
31 plates, photographs, outline pictures, measurements,
-156- LRB9111045EGfg
1 descriptions and information which shall be received by it by
2 virtue of its office and shall make a complete and systematic
3 record and index of the same, providing thereby a method of
4 convenient reference and comparison. The Department shall
5 furnish, upon application, all information pertaining to the
6 identification of any person or persons, a plate, photograph,
7 outline picture, description, measurements, or any data of
8 which there is a record in its office. Such information shall
9 be furnished to peace officers of the United States, of other
10 states or territories, of the Insular possessions of the
11 United States, of foreign countries duly authorized to
12 receive the same, to all peace officers of the State of
13 Illinois, to investigators of the Illinois Law Enforcement
14 Training Standards Board and, conviction information only, to
15 units of local government, school districts and private
16 organizations, under the provisions of Section 2605-10,
17 2605-15, 2605-75, 2605-100, 2605-105, 2605-110, 2605-115,
18 2605-120, 2605-130, 2605-140, 2605-190, 2605-200, 2605-205,
19 2605-210, 2605-215, 2605-250, 2605-275, 2605-300, 2605-305,
20 2605-315, 2605-325, 2605-335, 2605-340, 2605-350, 2605-355,
21 2605-360, 2605-365, 2605-375, 2605-390, 2605-400, 2605-405,
22 2605-420, 2605-430, 2605-435, 2605-500, 2605-525, or 2605-550
23 of the Department of State Police Law (20 ILCS 2605/2605-10,
24 2605/2605-15, 2605/2605-75, 2605/2605-100, 2605/2605-105,
25 2605/2605-110, 2605/2605-115, 2605/2605-120, 2605/2605-130,
26 2605/2605-140, 2605/2605-190, 2605/2605-200, 2605/2605-205,
27 2605/2605-210, 2605/2605-215, 2605/2605-250, 2605/2605-275,
28 2605/2605-300, 2605/2605-305, 2605/2605-315, 2605/2605-325,
29 2605/2605-335, 2605/2605-340, 2605/2605-350, 2605/2605-355,
30 2605/2605-360, 2605/2605-365, 2605/2605-375, 2605/2605-390,
31 2605/2605-400, 2605/2605-405, 2605/2605-420, 2605/2605-430,
32 2605/2605-435, 2605/2605-500, 2605/2605-525, or
33 2605/2605-550). Applications shall be in writing and
34 accompanied by a certificate, signed by the peace officer or
-157- LRB9111045EGfg
1 chief administrative officer or his designee making such
2 application, to the effect that the information applied for
3 is necessary in the interest of and will be used solely in
4 the due administration of the criminal laws or for the
5 purpose of evaluating the qualifications and character of
6 employees, prospective employees, volunteers, or prospective
7 volunteers of units of local government, school districts,
8 and private organizations.
9 For the purposes of this subsection, "chief
10 administrative officer" is defined as follows:
11 a) The city manager of a city or, if a city does
12 not employ a city manager, the mayor of the city.
13 b) The manager of a village or, if a village does
14 not employ a manager, the president of the village.
15 c) The chairman or president of a county board or,
16 if a county has adopted the county executive form of
17 government, the chief executive officer of the county.
18 d) The president of the school board of a school
19 district.
20 e) The supervisor of a township.
21 f) The official granted general administrative
22 control of a special district, an authority, or
23 organization of government establishment by law which may
24 issue obligations and which either may levy a property
25 tax or may expend funds of the district, authority, or
26 organization independently of any parent unit of
27 government.
28 g) The executive officer granted general
29 administrative control of a private organization defined
30 in Section 2605-335 of the Department of State Police Law
31 (20 ILCS 2605/2605-335).
32 (B) Upon written application and payment of fees
33 authorized by this subsection, State agencies and units of
34 local government, not including school districts, are
-158- LRB9111045EGfg
1 authorized to submit fingerprints of employees, prospective
2 employees and license applicants to the Department for the
3 purpose of obtaining conviction information maintained by the
4 Department and the Federal Bureau of Investigation about such
5 persons. The Department shall submit such fingerprints to
6 the Federal Bureau of Investigation on behalf of such
7 agencies and units of local government. The Department shall
8 charge an application fee, based on actual costs, for the
9 dissemination of conviction information pursuant to this
10 subsection. The Department is empowered to establish this
11 fee and shall prescribe the form and manner for requesting
12 and furnishing conviction information pursuant to this
13 subsection.
14 (C) Upon payment of fees authorized by this subsection,
15 the Department shall furnish to the commanding officer of a
16 military installation in Illinois having an arms storage
17 facility, upon written request of such commanding officer or
18 his designee, and in the form and manner prescribed by the
19 Department, all criminal history record information
20 pertaining to any individual seeking access to such a storage
21 facility, where such information is sought pursuant to a
22 federally-mandated security or criminal history check.
23 The Department shall establish and charge a fee, not to
24 exceed actual costs, for providing information pursuant to
25 this subsection.
26 (Source: P.A. 91-176, eff. 7-16-99; 91-239, eff. 1-1-00;
27 revised 10-12-99.)
28 Section 25. The Department of Transportation Law of the
29 Civil Administrative Code of Illinois is amended by changing
30 Section 2705-200 as follows:
31 (20 ILCS 2705/2705-200) (was 20 ILCS 2705/49.16)
32 Sec. 2705-200. Master plan; reporting requirements.
-159- LRB9111045EGfg
1 (a) The Department has the power to develop and maintain
2 a continuing, comprehensive, and integrated planning process
3 that shall develop and periodically revise a statewide master
4 plan for transportation to guide program development and to
5 foster efficient and economical transportation services in
6 ground, air, water, and all other modes of transportation
7 throughout the State. The Department shall coordinate its
8 transportation planning activities with those of other State
9 agencies and authorities and shall supervise and review any
10 transportation planning performed by other Executive agencies
11 under the direction of the Governor. The Department shall
12 cooperate and participate with federal, regional, interstate,
13 State, and local agencies, in accordance with Sections 5-301
14 and 7-301 of the Illinois Highway Code, and with interested
15 private individuals and organizations in the coordination of
16 plans and policies for development of the state's
17 transportation system.
18 To meet the provisions of this Section, the Department
19 shall publish and deliver to the Governor and General
20 Assembly by January 1, 1982 and every 2 years thereafter, its
21 master plan for highway, waterway, aeronautic, mass
22 transportation, and railroad systems. The plan shall
23 identify priority subsystems or components of each system
24 that are critical to the economic and general welfare of this
25 the State regardless of public jurisdictional responsibility
26 or private ownership.
27 The master plan shall provide particular emphasis and
28 detail of the 5 year period in the immediate future.
29 Annual and 5 year project programs for each State system
30 in this Section shall be published and furnished the General
31 Assembly on the first Wednesday in April of each year.
32 Identified needs included in the project programs shall
33 be listed and mapped in a distinctive fashion to clearly
34 identify the priority status of the projects: (1) projects to
-160- LRB9111045EGfg
1 be committed for execution; (2) tentative projects that are
2 dependent upon funding or other constraints; and (3) needed
3 projects that are not programmed due to lack of funding or
4 other constraints.
5 All projects shall be related to the priority systems of
6 the master plan, and the priority criteria identified. Cost
7 and estimated completion dates shall be included for work
8 required to complete a useable segment or component beyond
9 the 5 year period of the program.
10 (b) The Department shall publish and deliver to the
11 Governor and General Assembly on the first Wednesday in April
12 of each year a 5-year Highway Improvement Program reporting
13 the number of fiscal years each project has been on previous
14 5-year plans submitted by the Department.
15 (c) The Department shall publish and deliver to the
16 Governor and the General Assembly by November 1 of each year
17 a For the Record report that shall include the following:
18 (1) All the projects accomplished in the previous
19 fiscal year listed by each Illinois Department of
20 Transportation District.
21 (2) The award cost and the beginning dates of each
22 listed project.
23 (Source: P.A. 90-277, eff. 1-1-98; 91-239, eff. 1-1-00;
24 91-357, eff. 7-29-99; revised 8-12-99.)
25 Section 26. The Capital Development Board Act is amended
26 by changing Section 16 as follows:
27 (20 ILCS 3105/16) (from Ch. 127, par. 783b)
28 Sec. 16. (a) In addition to any other power granted in
29 this Act to adopt rules or regulations, the Board may adopt
30 regulations or rules relating to the issuance or renewal of
31 the prequalification of an architect, engineer or contractor
32 or the suspension or modification of the prequalification of
-161- LRB9111045EGfg
1 any such person or entity including, without limitation, an
2 interim or emergency suspension or modification without a
3 hearing founded on any one or more of the bases set forth in
4 this Section.
5 (b) Among the bases for an interim or emergency
6 suspension or modification of prequalification are:
7 (1) A finding by the Board that the public interest,
8 safety or welfare requires a summary suspension or
9 modification of a prequalification without hearings.
10 (2) The occurrence of an event or series of events
11 which, in the Board's opinion, warrants a summary suspension
12 or modification of a prequalification without a hearing
13 including, without limitation, (i) the indictment of the
14 holder of the prequalification by a State or federal agency
15 or other branch of government for a crime; (ii) the
16 suspension or modification of a license or prequalification
17 by another State agency or federal agency or other branch of
18 government after hearings; (iii) a material breach of a
19 contract made between the Board and an architect, engineer or
20 contractor; and (iv) the failure to comply with State law
21 including, without limitation, the Minority and Female
22 Business Enterprise for Minorities, Females, and Persons with
23 Disabilities Act, the prevailing wage requirements, and the
24 Steel Products Procurement Act.
25 (c) If a prequalification is suspended or modified by
26 the Board without hearings for any reason set forth in this
27 Section or in Section 10-65 of the Illinois Administrative
28 Procedure Act, as amended, the Board shall within 30 days of
29 the issuance of an order of suspension or modification of a
30 prequalification initiate proceedings for the suspension or
31 modification of or other action upon the prequalification.
32 (Source: P.A. 88-45; revised 8-23-99.)
33 Section 27. The State Finance Act is amended by setting
-162- LRB9111045EGfg
1 forth, changing, and renumbering multiple versions of
2 Sections 5.490, 5.491, 5.492, 5.505, and 8.36 as follows:
3 (30 ILCS 105/5.490)
4 Sec. 5.490. The Horse Racing Equity Fund.
5 (Source: P.A. 91-40, eff. 6-25-99.)
6 (30 ILCS 105/5.491)
7 Sec. 5.491. The Illinois Racing Quarterhorse Breeders
8 Fund.
9 (Source: P.A. 91-40, eff. 6-25-99.)
10 (30 ILCS 105/5.492)
11 Sec. 5.492. The Horse Racing Fund.
12 (Source: P.A. 91-40, eff. 6-25-99.)
13 (30 ILCS 105/5.493)
14 Sec. 5.493. 5.490. The Federal Workforce Development
15 Fund.
16 (Source: P.A. 91-34, eff. 7-1-99; revised 11-12-99.)
17 (30 ILCS 105/5.494)
18 Sec. 5.494. 5.491. The Energy Assistance Contribution
19 Fund.
20 (Source: P.A. 91-34, eff. 7-1-99; revised 11-12-99.)
21 (30 ILCS 105/5.497)
22 Sec. 5.497. 5.491. The Motor Vehicle License Plate Fund.
23 (Source: P.A. 91-37, eff. 7-1-99; revised 11-12-99.)
24 (30 ILCS 105/5.498)
25 Sec. 5.498. 5.490. The Fund for Illinois' Future.
26 (Source: P.A. 91-38, eff. 6-15-99; revised 11-12-99.)
-163- LRB9111045EGfg
1 (30 ILCS 105/5.499)
2 Sec. 5.499. 5.490. The Video Conferencing User Fund.
3 (Source: P.A. 91-44, eff. 7-1-99; revised 11-12-99.)
4 (30 ILCS 105/5.501)
5 Sec. 5.501. 5.505. The School Technology Revolving Loan
6 Fund.
7 (Source: P.A. 90-548, eff. 1-1-98; revised 12-18-99.)
8 (30 ILCS 105/5.502)
9 Sec. 5.502. 5.491. The Electronic Commerce Security
10 Certification Fund.
11 (Source: P.A. 91-58, eff. 7-1-99; revised 11-12-99.)
12 (30 ILCS 105/5.503)
13 Sec. 5.503. 5.490. The Prostate Cancer Research Fund.
14 (Source: P.A. 91-104, eff. 7-13-99; revised 11-12-99.)
15 (30 ILCS 105/5.504)
16 (Section scheduled to be repealed on July 16, 2003)
17 Sec. 5.504. 5.490. The State Board of Education Fund.
18 This Section is repealed 4 years after the effective date of
19 this amendatory Act of the 91st General Assembly.
20 (Source: P.A. 91-143, eff. 7-16-99; revised 11-12-99.)
21 (30 ILCS 105/5.505)
22 (Section scheduled to be repealed on July 16, 2003)
23 Sec. 5.505. 5.491. The State Board of Education Special
24 Purpose Trust Fund. This Section is repealed 4 years after
25 the effective date of this amendatory Act of the 91st General
26 Assembly.
27 (Source: P.A. 91-143, eff. 7-16-99; revised 11-12-99.)
28 (30 ILCS 105/5.506)
-164- LRB9111045EGfg
1 (Section scheduled to be repealed on July 16, 2003)
2 Sec. 5.506. 5.492. The Private Business and Vocational
3 Schools Fund. This Section is repealed 4 years after the
4 effective date of this amendatory Act of the 91st General
5 Assembly.
6 (Source: P.A. 91-143, eff. 7-16-99; revised 11-12-99.)
7 (30 ILCS 105/5.507)
8 Sec. 5.507. 5.490. The Open Lands Loan Fund.
9 (Source: P.A. 91-220, eff. 7-21-99; revised 11-12-99.)
10 (30 ILCS 105/5.508)
11 Sec. 5.508. 5.490. The Diesel Emissions Testing Fund.
12 (Source: P.A. 91-254, eff. 7-1-99; revised 11-12-99.)
13 (30 ILCS 105/5.509)
14 Sec. 5.509. 5.490. The Death Certificate Surcharge Fund.
15 (Source: P.A. 91-382, eff. 7-30-99; revised 11-12-99.)
16 (30 ILCS 105/5.510)
17 Sec. 5.510. 5.490. The Charter Schools Revolving Loan
18 Fund.
19 (Source: P.A. 91-407, eff. 8-3-99; revised 11-12-99.)
20 (30 ILCS 105/5.511)
21 Sec. 5.511. 5.490. The Illinois Adoption Registry and
22 Medical Information Exchange Fund.
23 (Source: P.A. 91-417, eff. 1-1-00; revised 11-12-99.)
24 (30 ILCS 105/5.512)
25 Sec. 5.512. 5.490. The Economic Development for a
26 Growing Economy Fund.
27 (Source: P.A. 91-476, eff. 8-11-99; revised 11-12-99.)
-165- LRB9111045EGfg
1 (30 ILCS 105/5.513)
2 Sec. 5.513. 5.490. The Illinois Aquaculture Development
3 Fund.
4 (Source: P.A. 91-530, eff. 8-13-99; revised 11-12-99.)
5 (30 ILCS 105/5.514)
6 Sec. 5.514. The 5.490. Motor Carrier Safety Inspection
7 Fund.
8 (Source: P.A. 91-537, eff. 8-13-99; revised 11-12-99.)
9 (30 ILCS 105/5.515)
10 Sec. 5.515. 5.490. The Airport Land Loan Revolving Fund.
11 (Source: P.A. 91-543, eff. 8-14-99; revised 11-12-99.)
12 (30 ILCS 105/5.516)
13 Sec. 5.516. 5.490. The Illinois Value-Added Agriculture
14 Enhancement Program Fund.
15 (Source: P.A. 91-560, eff. 8-14-99; revised 11-12-99.)
16 (30 ILCS 105/5.517)
17 Sec. 5.517. 5.490. The Illinois Building Commission
18 Revolving Fund.
19 (Source: P.A. 91-581, eff. 8-14-99; revised 11-12-99.)
20 (30 ILCS 105/5.518)
21 Sec. 5.518. The 5.490. Capital Litigation Trust Fund.
22 (Source: P.A. 91-589, eff. 1-1-00; revised 11-12-99.)
23 (30 ILCS 105/5.519)
24 Sec. 5.519. 5.490. The Small Business Incubator Fund.
25 (Source: P.A. 91-592, eff. 8-14-99; revised 11-12-99.)
26 (30 ILCS 105/5.520)
27 Sec. 5.520. 5.490. The Auction Regulation Administration
-166- LRB9111045EGfg
1 Fund.
2 (Source: P.A. 91-603, eff. 1-1-00; revised 11-12-99.)
3 (30 ILCS 105/5.521)
4 Sec. 5.521. 5.491. The Auction Recovery Fund.
5 (Source: P.A. 91-603, eff. 1-1-00; revised 11-12-99.)
6 (30 ILCS 105/5.522)
7 Sec. 5.522. 5.492. The Auction Education Fund.
8 (Source: P.A. 91-603, eff. 1-1-00; revised 11-12-99.)
9 (30 ILCS 105/5.523)
10 Sec. 5.523. 5.490. The International Tourism Fund.
11 (Source: P.A. 91-604, eff. 8-16-99; revised 11-12-99.)
12 (30 ILCS 105/5.524)
13 Sec. 5.524. 5.490. The NOx Trading System Fund.
14 (Source: P.A. 91-631, eff. 8-19-99; revised 11-12-99.)
15 (30 ILCS 105/5.525)
16 Sec. 5.525. The 5.490. John Joseph Kelly Home Fund.
17 (Source: P.A. 91-634, eff. 8-19-99; revised 11-12-99.)
18 (30 ILCS 105/5.526)
19 Sec. 5.526. 5.490. The Insurance Premium Tax Refund
20 Fund.
21 (Source: P.A. 91-643, eff. 8-20-99; revised 11-12-99.)
22 (30 ILCS 105/5.527)
23 (This Section may contain text from a Public Act with a
24 delayed effective date)
25 Sec. 5.527. 5.490. The Assisted Living and Shared
26 Housing Regulatory Fund.
27 (Source: P.A. 91-656, eff. 1-1-01; revised 1-19-00.)
-167- LRB9111045EGfg
1 (30 ILCS 105/5.528)
2 Sec. 5.528. 5.490. The Academic Improvement Trust Fund
3 for Community College Foundations.
4 (Source: P.A. 91-664, eff. 12-22-99; revised 1-19-99.)
5 (30 ILCS 105/5.529)
6 Sec. 5.529. The 5.490. Wireless Service Emergency Fund.
7 (Source: P.A. 91-660, eff. 12-22-99; revised 1-19-00.)
8 (30 ILCS 105/5.530)
9 Sec. 5.530. The 5.491. State Police Wireless Service
10 Emergency Fund.
11 (Source: P.A. 91-660, eff. 12-22-99; revised 1-19-00.)
12 (30 ILCS 105/5.531)
13 Sec. 5.531. The 5.492. Wireless Carrier Reimbursement
14 Fund.
15 (Source: P.A. 91-660, eff. 12-22-99; revised 1-19-00.)
16 (30 ILCS 105/8.36)
17 Sec. 8.36. Airport Land Loan Revolving Fund.
18 Appropriations for loans to public airport owners by the
19 Department of Transportation pursuant to Section 34b of the
20 Illinois Aeronautics Act shall be payable from the Airport
21 Land Loan Revolving Fund.
22 (Source: P.A. 91-543, eff. 8-14-99.)
23 (30 ILCS 105/8.37)
24 Sec. 8.37. 8.36. State Police Wireless Service Emergency
25 Fund.
26 (a) The State Police Wireless Service Emergency Fund is
27 created as a special fund in the State Treasury.
28 (b) Grants to the Department of State Police from the
29 Wireless Service Emergency Fund shall be deposited into the
-168- LRB9111045EGfg
1 State Police Wireless Service Emergency Fund and shall be
2 used in accordance with Section 20 of the Wireless Emergency
3 Telephone Safety Act.
4 (c) On July 1, 1999, the State Comptroller and State
5 Treasurer shall transfer $1,300,000 from the General Revenue
6 Fund to the State Police Wireless Service Emergency Fund. On
7 June 30, 2003 the State Comptroller and State Treasurer shall
8 transfer $1,300,000 from the State Police Wireless Service
9 Emergency Fund to the General Revenue Fund.
10 (Source: P.A. 91-660, eff. 12-22-99; revised 1-17-00.)
11 Section 28. The General Obligation Bond Act is amended
12 by changing Sections 4 and 9 as follows:
13 (30 ILCS 330/4) (from Ch. 127, par. 654)
14 Sec. 4. Transportation. The amount of $5,312,270,000 is
15 authorized for use by the Department of Transportation for
16 the specific purpose of promoting and assuring rapid,
17 efficient, and safe highway, air and mass transportation for
18 the inhabitants of the State by providing monies, including
19 the making of grants and loans, for the acquisition,
20 construction, reconstruction, extension and improvement of
21 the following transportation facilities and equipment, and
22 for the acquisition of real property and interests in real
23 property required or expected to be required in connection
24 therewith as follows:
25 (a) $3,431,000,000 for State highways, arterial
26 highways, freeways, roads, bridges, structures separating
27 highways and railroads and roads, and bridges on roads
28 maintained by counties, municipalities, townships or road
29 districts for the following specific purposes:
30 (1) $3,330,000,000 for use statewide,
31 (2) $3,641,000 for use outside the Chicago
32 urbanized area,
-169- LRB9111045EGfg
1 (3) $7,543,000 for use within the Chicago urbanized
2 area,
3 (4) $13,060,600 for use within the City of Chicago,
4 (5) $57,894,500 for use within the counties of
5 Cook, DuPage, Kane, Lake, McHenry and Will, and
6 (6) $18,860,900 for use outside the counties of
7 Cook, DuPage, Kane, Lake, McHenry and Will.
8 (b) $1,529,670,000 for rail facilities and for mass
9 transit facilities, as defined in Section 2705-305 of the
10 Department of Transportation Law (20 ILCS 2705/2705-305),
11 including rapid transit, rail, bus and other equipment used
12 in connection therewith by the State or any unit of local
13 government, special transportation district, municipal
14 corporation or other corporation or public authority
15 authorized to provide and promote public transportation
16 within the State or two or more of the foregoing jointly, for
17 the following specific purposes:
18 (1) $1,433,870,000 statewide,
19 (2) $83,350,000 for use within the counties of
20 Cook, DuPage, Kane, Lake, McHenry and Will,
21 (3) $12,450,000 for use outside the counties of
22 Cook, DuPage, Kane, Lake, McHenry and Will.
23 (c) $351,600,000 for airport or aviation facilities and
24 any equipment used in connection therewith, including
25 engineering and land acquisition costs, by the State or any
26 unit of local government, special transportation district,
27 municipal corporation or other corporation or public
28 authority authorized to provide public transportation within
29 the State, or two or more of the foregoing acting jointly.
30 (Source: P.A. 90-8, eff. 12-8-97 (changed from 6-1-98 by P.A.
31 90-549); 90-586, eff. 6-4-98; 91-39, eff. 6-15-99; 91-239,
32 eff. 1-1-00; revised 8-6-99.)
33 (30 ILCS 330/9) (from Ch. 127, par. 659)
-170- LRB9111045EGfg
1 Sec. 9. Conditions for Issuance and Sale of Bonds -
2 Requirements for Bonds. Bonds shall be issued and sold from
3 time to time, in one or more series, in such amounts and at
4 such prices as may be directed by the Governor, upon
5 recommendation by the Director of the Bureau of the Budget.
6 Bonds shall be in such form (either coupon, registered or
7 book entry), in such denominations, payable within 30 years
8 from their date, subject to such terms of redemption with or
9 without premium, bear interest payable at such times and at
10 such fixed rate or rates, and the Bond Authorization Act be
11 dated as shall be fixed and determined by the Director of the
12 Bureau of the Budget in the order authorizing the issuance
13 and sale of any series of Bonds, which order shall be
14 approved by the Governor and is herein called a "Bond Sale
15 Order"; provided however, that interest shall not exceed that
16 permitted in the Bond Authorization Act, as now or hereafter
17 amended. Said Bonds shall be payable at such place or
18 places, within or without the State of Illinois, and may be
19 made registrable as to either principal or as to both
20 principal and interest, as shall be specified in the Bond
21 Sale Order. Bonds may be callable or subject to purchase and
22 retirement as fixed and determined in the Bond Sale Order.,
23 (Source: P.A. 91-39, eff. 6-15-99; 91-357, eff. 7-29-99;
24 revised 8-23-99.)
25 Section 29. The Local Government Debt Reform Act is
26 amended by changing Section 15 as follows:
27 (30 ILCS 350/15) (from Ch. 17, par. 6915)
28 Sec. 15. Double-barrelled bonds. Whenever revenue bonds
29 have been authorized to be issued pursuant to applicable law
30 or whenever there exists for a governmental unit a revenue
31 source, the procedures set forth in this Section may be used
32 by a governing body. General obligation bonds may be issued
-171- LRB9111045EGfg
1 in lieu of such revenue bonds as authorized, and general
2 obligation bonds may be issued payable from any revenue
3 source. Such general obligation bonds may be referred to as
4 "alternate bonds". Alternate bonds may be issued without any
5 referendum or backdoor referendum except as provided in this
6 Section, upon the terms provided in Section 10 of this Act
7 without reference to other provisions of law, but only upon
8 the conditions provided in this Section. Alternate bonds
9 shall not be regarded as or included in any computation of
10 indebtedness for the purpose of any statutory provision or
11 limitation except as expressly provided in this Section.
12 Such conditions are:
13 (a) Alternate bonds shall be issued for a lawful
14 corporate purpose. If issued in lieu of revenue bonds,
15 alternate bonds shall be issued for the purposes for which
16 such revenue bonds shall have been authorized. If issued
17 payable from a revenue source in the manner hereinafter
18 provided, which revenue source is limited in its purposes or
19 applications, then the alternate bonds shall be issued only
20 for such limited purposes or applications. Alternate bonds
21 may be issued payable from either enterprise revenues or
22 revenue sources, or both.
23 (b) Alternate bonds shall be subject to backdoor
24 referendum. The provisions of Section 5 of this Act shall
25 apply to such backdoor referendum, together with the
26 provisions hereof. The authorizing ordinance shall be
27 published in a newspaper of general circulation in the
28 governmental unit. Along with or as part of the authorizing
29 ordinance, there shall be published a notice of (1) the
30 specific number of voters required to sign a petition
31 requesting that the issuance of the alternate bonds be
32 submitted to referendum, (2) the time when such petition must
33 be filed, (3) the date of the prospective referendum, and
34 (4), with respect to authorizing ordinances adopted on or
-172- LRB9111045EGfg
1 after January 1, 1991, a statement that identifies any
2 revenue source that will be used to pay the principal of and
3 interest on the alternate bonds. The clerk or secretary of
4 the governmental unit shall make a petition form available to
5 anyone requesting one. If no petition is filed with the
6 clerk or secretary within 30 days of publication of the
7 authorizing ordinance and notice, the alternate bonds shall
8 be authorized to be issued. But if within this 30 days
9 period, a petition is filed with such clerk or secretary
10 signed by electors numbering the greater of (i) 7.5% of the
11 registered voters in the governmental unit or (ii) 200 of
12 those registered voters or 15% of those registered voters,
13 whichever is less, asking that the issuance of such alternate
14 bonds be submitted to referendum, the clerk or secretary
15 shall certify such question for submission at an election
16 held in accordance with the general election law. The
17 question on the ballot shall include a statement of any
18 revenue source that will be used to pay the principal of and
19 interest on the alternate bonds. The alternate bonds shall be
20 authorized to be issued if a majority of the votes cast on
21 the question at such election are in favor thereof provided
22 that notice of the bond referendum, if held before July 1,
23 1999, has been given in accordance with the provisions of
24 Section 12-5 of the Election Code in effect at the time of
25 the bond referendum, at least 10 and not more than 45 days
26 before the date of the election, notwithstanding the time for
27 publication otherwise imposed by Section 12-5. Notices
28 required in connection with the submission of public
29 questions on or after July 1, 1999 shall be as set forth in
30 Section 12-5 of the Election Code. Backdoor referendum
31 proceedings for bonds and alternate bonds to be issued in
32 lieu of such bonds may be conducted at the same time.
33 (c) To the extent payable from enterprise revenues, such
34 revenues shall have been determined by the governing body to
-173- LRB9111045EGfg
1 be sufficient to provide for or pay in each year to final
2 maturity of such alternate bonds all of the following: (1)
3 costs of operation and maintenance of the utility or
4 enterprise, but not including depreciation, (2) debt service
5 on all outstanding revenue bonds payable from such enterprise
6 revenues, (3) all amounts required to meet any fund or
7 account requirements with respect to such outstanding revenue
8 bonds, (4) other contractual or tort liability obligations,
9 if any, payable from such enterprise revenues, and (5) in
10 each year, an amount not less than 1.25 times debt service of
11 all (i) alternate bonds payable from such enterprise revenues
12 previously issued and outstanding and (ii) alternate bonds
13 proposed to be issued. To the extent payable from one or
14 more revenue sources, such sources shall have been determined
15 by the governing body to provide in each year, an amount not
16 less than 1.25 times debt service of all alternate bonds
17 payable from such revenue sources previously issued and
18 outstanding and alternate bonds proposed to be issued. The
19 conditions enumerated in this subsection (c) need not be met
20 for that amount of debt service provided for by the setting
21 aside of proceeds of bonds or other moneys at the time of the
22 delivery of such bonds.
23 (d) The determination of the sufficiency of enterprise
24 revenues or a revenue source, as applicable, shall be
25 supported by reference to the most recent audit of the
26 governmental unit, which shall be for a fiscal year ending
27 not earlier than 18 months previous to the time of issuance
28 of the alternate bonds. If such audit does not adequately
29 show such enterprise revenues or revenue source, as
30 applicable, or if such enterprise revenues or revenue source,
31 as applicable, are shown to be insufficient, then the
32 determination of sufficiency shall be supported by the report
33 of an independent accountant or feasibility analyst, the
34 latter having a national reputation for expertise in such
-174- LRB9111045EGfg
1 matters, demonstrating the sufficiency of such revenues and
2 explaining, if appropriate, by what means the revenues will
3 be greater than as shown in the audit. Whenever such
4 sufficiency is demonstrated by reference to a schedule of
5 higher rates or charges for enterprise revenues or a higher
6 tax imposition for a revenue source, such higher rates,
7 charges or taxes shall have been properly imposed by an
8 ordinance adopted prior to the time of delivery of alternate
9 bonds. The reference to and acceptance of an audit or
10 report, as the case may be, and the determination of the
11 governing body as to sufficiency of enterprise revenues or a
12 revenue source shall be conclusive evidence that the
13 conditions of this Section have been met and that the
14 alternate bonds are valid.
15 (e) The enterprise revenues or revenue source, as
16 applicable, shall be in fact pledged to the payment of the
17 alternate bonds; and the governing body shall covenant, to
18 the extent it is empowered to do so, to provide for, collect
19 and apply such enterprise revenues or revenue source, as
20 applicable, to the payment of the alternate bonds and the
21 provision of not less than an additional .25 times debt
22 service. The pledge and establishment of rates or charges
23 for enterprise revenues, or the imposition of taxes in a
24 given rate or amount, as provided in this Section for
25 alternate bonds, shall constitute a continuing obligation of
26 the governmental unit with respect to such establishment or
27 imposition and a continuing appropriation of the amounts
28 received. All covenants relating to alternate bonds and the
29 conditions and obligations imposed by this Section are
30 enforceable by any bondholder of alternate bonds affected,
31 any taxpayer of the governmental unit, and the People of the
32 State of Illinois acting through the Attorney General or any
33 designee, and in the event that any such action results in an
34 order finding that the governmental unit has not properly set
-175- LRB9111045EGfg
1 rates or charges or imposed taxes to the extent it is
2 empowered to do so or collected and applied enterprise
3 revenues or any revenue source, as applicable, as required by
4 this Act, the plaintiff in any such action shall be awarded
5 reasonable attorney's fees. The intent is that such
6 enterprise revenues or revenue source, as applicable, shall
7 be sufficient and shall be applied to the payment of debt
8 service on such alternate bonds so that taxes need not be
9 levied, or if levied need not be extended, for such payment.
10 Nothing in this Section shall inhibit or restrict the
11 authority of a governing body to determine the lien priority
12 of any bonds, including alternate bonds, which may be issued
13 with respect to any enterprise revenues or revenue source.
14 In the event that alternate bonds shall have been issued
15 and taxes, other than a designated revenue source, shall have
16 been extended pursuant to the general obligation, full faith
17 and credit promise supporting such alternate bonds, then the
18 amount of such alternate bonds then outstanding shall be
19 included in the computation of indebtedness of the
20 governmental unit for purposes of all statutory provisions or
21 limitations until such time as an audit of the governmental
22 unit shall show that the alternate bonds have been paid from
23 the enterprise revenues or revenue source, as applicable,
24 pledged thereto for a complete fiscal year.
25 Alternate bonds may be issued to refund or advance refund
26 alternate bonds without meeting any of the conditions set
27 forth in this Section, except that the term of the refunding
28 bonds shall not be longer than the term of the refunded bonds
29 and that the debt service payable in any year on the
30 refunding bonds shall not exceed the debt service payable in
31 such year on the refunded bonds.
32 Once issued, alternate bonds shall be and forever remain
33 until paid or defeased the general obligation of the
34 governmental unit, for the payment of which its full faith
-176- LRB9111045EGfg
1 and credit are pledged, and shall be payable from the levy of
2 taxes as is provided in this Act for general obligation
3 bonds.
4 The changes made by this amendatory Act of 1990 do not
5 affect the validity of bonds authorized before September 1,
6 1990.
7 (Source: P.A. 90-812, eff. 1-26-99; 91-57, eff. 6-30-99;
8 91-493, eff. 8-13-99; revised 10-9-99.)
9 Section 30. The Downstate Public Transportation Act is
10 amended by changing Section 2-7 as follows:
11 (30 ILCS 740/2-7) (from Ch. 111 2/3, par. 667)
12 Sec. 2-7. Quarterly reports; annual audit.
13 (a) Any Metro-East Transit District participant shall,
14 no later than 30 days following the end of each month of any
15 fiscal year, file with the Department on forms provided by
16 the Department for that purpose, a report of the actual
17 operating deficit experienced during that quarter. The
18 Department shall, upon receipt of the quarterly report, and
19 upon determining that such operating deficits were incurred
20 in conformity with the program of proposed expenditures
21 approved by the Department pursuant to Section 2-11, pay to
22 any Metro-East Transit District participant such portion of
23 such operating deficit as funds have been transferred to the
24 Metro-East Transit Public Transportation Fund and allocated
25 to that Metro-East Transit District participant.
26 (b) Each participant other than any Metro-East Transit
27 District participant shall, 30 days before the end of each
28 quarter, file with the Department on forms provided by the
29 Department for such purposes a report of the projected
30 eligible operating expenses to be incurred in the next
31 quarter and 30 days before the third and fourth quarters of
32 any fiscal year a statement of actual eligible operating
-177- LRB9111045EGfg
1 expenses incurred in the preceding quarters. Within 45 days
2 of receipt by the Department of such quarterly report, the
3 Comptroller shall order paid and the Treasurer shall pay from
4 the Downstate Public Transportation Fund to each participant
5 an amount equal to one-third of such participant's eligible
6 operating expenses; provided, however, that in Fiscal Year
7 1997, the amount paid to each participant from the Downstate
8 Public Transportation Fund shall be an amount equal to 47% of
9 such participant's eligible operating expenses and shall be
10 increased to 49% in Fiscal Year 1998, 51% in Fiscal Year
11 1999, 53% in Fiscal Year 2000, and 55% in Fiscal Year 2001
12 and thereafter; however, in any year that a participant
13 receives funding under subsection (i) of Section 2705-305 of
14 the Department of Transportation Law (20 ILCS 2705/2705-305),
15 that participant shall be eligible only for assistance equal
16 to the following percentage of its eligible operating
17 expenses: 42% in Fiscal Year 1997, 44% in Fiscal Year 1998,
18 46% in Fiscal Year 1999, 48% in Fiscal Year 2000, and 50% in
19 Fiscal Year 2001 and thereafter. Any such payment for the
20 third and fourth quarters of any fiscal year shall be
21 adjusted to reflect actual eligible operating expenses for
22 preceding quarters of such fiscal year. However, no
23 participant shall receive an amount less than that which was
24 received in the immediate prior year, provided in the event
25 of a shortfall in the fund those participants receiving less
26 than their full allocation pursuant to Section 2-6 of this
27 Article shall be the first participants to receive an amount
28 not less than that received in the immediate prior year.
29 (c) No later than 180 days following the last day of the
30 Fiscal Year each participant shall provide the Department
31 with an audit prepared by a Certified Public Accountant
32 covering that Fiscal Year. Any discrepancy between the
33 grants paid and one-third of the eligible operating expenses
34 or in the case of the Bi-State Metropolitan Development
-178- LRB9111045EGfg
1 District the approved program amount shall be reconciled by
2 appropriate payment or credit. Beginning in Fiscal Year 1985,
3 for those participants other than the Bi-State Metropolitan
4 Development District, any discrepancy between the grants paid
5 and the percentage of the eligible operating expenses
6 provided for by paragraph (b) of this Section shall be
7 reconciled by appropriate payment or credit.
8 (Source: P.A. 91-239, eff. 1-1-00; 91-357, eff. 7-29-99;
9 revised 8-9-99.)
10 Section 31. The State Mandates Act is amended by
11 changing Section 8.23 as follows:
12 (30 ILCS 805/8.23)
13 Sec. 8.23. Exempt mandates mandate.
14 (a) Notwithstanding Sections 6 and 8 of this Act, no
15 reimbursement by the State is required for the implementation
16 of any mandate created by Public Act 91-17, 91-56, 91-254,
17 91-401, 91-466, 91-474, 91-478, 91-486, 91-523, 91-578,
18 91-617, 91-635, or 91-651 this amendatory Act of the 91st
19 General Assembly 1999.
20 (b) Notwithstanding Sections 6 and 8 of this Act and
21 except for the payment provided in subsection (k) of Section
22 21-14 of the School Code, no reimbursement by the State is
23 required for the implementation of any mandate created by
24 Public Act 91-102 this amendatory Act of the 91st General
25 Assembly.
26 (Source: P.A. 91-17, eff. 6-4-99; 91-56, eff. 6-30-99;
27 91-102, eff. 7-12-99; 91-254, eff. 7-1-00; 91-401, eff.
28 1-1-00; 91-466, eff. 8-6-99; 91-474, eff. 11-1-99; 91-478,
29 eff. 11-1-99; 91-486, eff. 1-1-00; 91-523, eff. 1-1-00;
30 91-578, eff. 8-14-99; 91-617, eff. 1-1-00; 91-635, eff.
31 8-20-99; 91-651, eff. 1-1-00; revised 1-19-00.)
-179- LRB9111045EGfg
1 Section 32. The Illinois Income Tax Act is amended by
2 changing Sections 201, 203, 509, 510, and 901 as follows:
3 (35 ILCS 5/201) (from Ch. 120, par. 2-201)
4 Sec. 201. Tax Imposed.
5 (a) In general. A tax measured by net income is hereby
6 imposed on every individual, corporation, trust and estate
7 for each taxable year ending after July 31, 1969 on the
8 privilege of earning or receiving income in or as a resident
9 of this State. Such tax shall be in addition to all other
10 occupation or privilege taxes imposed by this State or by any
11 municipal corporation or political subdivision thereof.
12 (b) Rates. The tax imposed by subsection (a) of this
13 Section shall be determined as follows, except as adjusted by
14 subsection (d-1):
15 (1) In the case of an individual, trust or estate,
16 for taxable years ending prior to July 1, 1989, an amount
17 equal to 2 1/2% of the taxpayer's net income for the
18 taxable year.
19 (2) In the case of an individual, trust or estate,
20 for taxable years beginning prior to July 1, 1989 and
21 ending after June 30, 1989, an amount equal to the sum of
22 (i) 2 1/2% of the taxpayer's net income for the period
23 prior to July 1, 1989, as calculated under Section 202.3,
24 and (ii) 3% of the taxpayer's net income for the period
25 after June 30, 1989, as calculated under Section 202.3.
26 (3) In the case of an individual, trust or estate,
27 for taxable years beginning after June 30, 1989, an
28 amount equal to 3% of the taxpayer's net income for the
29 taxable year.
30 (4) (Blank).
31 (5) (Blank).
32 (6) In the case of a corporation, for taxable years
33 ending prior to July 1, 1989, an amount equal to 4% of
-180- LRB9111045EGfg
1 the taxpayer's net income for the taxable year.
2 (7) In the case of a corporation, for taxable years
3 beginning prior to July 1, 1989 and ending after June 30,
4 1989, an amount equal to the sum of (i) 4% of the
5 taxpayer's net income for the period prior to July 1,
6 1989, as calculated under Section 202.3, and (ii) 4.8% of
7 the taxpayer's net income for the period after June 30,
8 1989, as calculated under Section 202.3.
9 (8) In the case of a corporation, for taxable years
10 beginning after June 30, 1989, an amount equal to 4.8% of
11 the taxpayer's net income for the taxable year.
12 (c) Beginning on July 1, 1979 and thereafter, in
13 addition to such income tax, there is also hereby imposed the
14 Personal Property Tax Replacement Income Tax measured by net
15 income on every corporation (including Subchapter S
16 corporations), partnership and trust, for each taxable year
17 ending after June 30, 1979. Such taxes are imposed on the
18 privilege of earning or receiving income in or as a resident
19 of this State. The Personal Property Tax Replacement Income
20 Tax shall be in addition to the income tax imposed by
21 subsections (a) and (b) of this Section and in addition to
22 all other occupation or privilege taxes imposed by this State
23 or by any municipal corporation or political subdivision
24 thereof.
25 (d) Additional Personal Property Tax Replacement Income
26 Tax Rates. The personal property tax replacement income tax
27 imposed by this subsection and subsection (c) of this Section
28 in the case of a corporation, other than a Subchapter S
29 corporation and except as adjusted by subsection (d-1), shall
30 be an additional amount equal to 2.85% of such taxpayer's net
31 income for the taxable year, except that beginning on January
32 1, 1981, and thereafter, the rate of 2.85% specified in this
33 subsection shall be reduced to 2.5%, and in the case of a
34 partnership, trust or a Subchapter S corporation shall be an
-181- LRB9111045EGfg
1 additional amount equal to 1.5% of such taxpayer's net income
2 for the taxable year.
3 (d-1) Rate reduction for certain foreign insurers. In
4 the case of a foreign insurer, as defined by Section 35A-5 of
5 the Illinois Insurance Code, whose state or country of
6 domicile imposes on insurers domiciled in Illinois a
7 retaliatory tax (excluding any insurer whose reinsurance
8 premiums assumed are 50% or more of its total insurance
9 premiums as determined under paragraph (2) of subsection (b)
10 of Section 304, except that for purposes of this
11 determination reinsurance premiums do not include assumed
12 premiums from inter-affiliate pooling arrangements),
13 beginning with taxable years ending on or after December 31,
14 1999 and ending with taxable years ending on or before
15 December 31, 2000, the sum of the rates of tax imposed by
16 subsections (b) and (d) shall be reduced (but not increased)
17 to the rate at which the total amount of tax imposed under
18 this Act, net of all credits allowed under this Act, shall
19 equal (i) the total amount of tax that would be imposed on
20 the foreign insurer's net income allocable to Illinois for
21 the taxable year by such foreign insurer's state or country
22 of domicile if that net income were subject to all income
23 taxes and taxes measured by net income imposed by such
24 foreign insurer's state or country of domicile, net of all
25 credits allowed or (ii) a rate of zero if no such tax is
26 imposed on such income by the foreign insurer's state of
27 domicile.
28 (1) For the purposes of subsection (d-1), in no
29 event shall the sum of the rates of tax imposed by
30 subsections (b) and (d) be reduced below the rate at
31 which the sum of:
32 (A) the total amount of tax imposed on such
33 foreign insurer under this Act for a taxable year,
34 net of all credits allowed under this Act, plus
-182- LRB9111045EGfg
1 (B) the privilege tax imposed by Section 409
2 of the Illinois Insurance Code, the fire insurance
3 company tax imposed by Section 12 of the Fire
4 Investigation Act, and the fire department taxes
5 imposed under Section 11-10-1 of the Illinois
6 Municipal Code,
7 equals 1.25% of the net taxable premiums written for the
8 taxable year, as described by subsection (1) of Section
9 409 of the Illinois Insurance Code. This paragraph will
10 in no event increase the rates imposed under subsections
11 (b) and (d).
12 (2) Any reduction in the rates of tax imposed by
13 this subsection shall be applied first against the rates
14 imposed by subsection (b) and only after the tax imposed
15 by subsection (a) net of all credits allowed under this
16 Section other than the credit allowed under subsection
17 (i) has been reduced to zero, against the rates imposed
18 by subsection (d).
19 (3) The provisions of this subsection (d-1) are
20 effective only through December 31, 2000 and cease to be
21 effective on January 1, 2001; but this does not affect
22 any claim or obligation based upon the use or application
23 of this subsection for tax years ending on December 31,
24 2000 or earlier.
25 (e) Investment credit. A taxpayer shall be allowed a
26 credit against the Personal Property Tax Replacement Income
27 Tax for investment in qualified property.
28 (1) A taxpayer shall be allowed a credit equal to
29 .5% of the basis of qualified property placed in service
30 during the taxable year, provided such property is placed
31 in service on or after July 1, 1984. There shall be
32 allowed an additional credit equal to .5% of the basis of
33 qualified property placed in service during the taxable
34 year, provided such property is placed in service on or
-183- LRB9111045EGfg
1 after July 1, 1986, and the taxpayer's base employment
2 within Illinois has increased by 1% or more over the
3 preceding year as determined by the taxpayer's employment
4 records filed with the Illinois Department of Employment
5 Security. Taxpayers who are new to Illinois shall be
6 deemed to have met the 1% growth in base employment for
7 the first year in which they file employment records with
8 the Illinois Department of Employment Security. The
9 provisions added to this Section by Public Act 85-1200
10 (and restored by Public Act 87-895) shall be construed as
11 declaratory of existing law and not as a new enactment.
12 If, in any year, the increase in base employment within
13 Illinois over the preceding year is less than 1%, the
14 additional credit shall be limited to that percentage
15 times a fraction, the numerator of which is .5% and the
16 denominator of which is 1%, but shall not exceed .5%.
17 The investment credit shall not be allowed to the extent
18 that it would reduce a taxpayer's liability in any tax
19 year below zero, nor may any credit for qualified
20 property be allowed for any year other than the year in
21 which the property was placed in service in Illinois. For
22 tax years ending on or after December 31, 1987, and on or
23 before December 31, 1988, the credit shall be allowed for
24 the tax year in which the property is placed in service,
25 or, if the amount of the credit exceeds the tax liability
26 for that year, whether it exceeds the original liability
27 or the liability as later amended, such excess may be
28 carried forward and applied to the tax liability of the 5
29 taxable years following the excess credit years if the
30 taxpayer (i) makes investments which cause the creation
31 of a minimum of 2,000 full-time equivalent jobs in
32 Illinois, (ii) is located in an enterprise zone
33 established pursuant to the Illinois Enterprise Zone Act
34 and (iii) is certified by the Department of Commerce and
-184- LRB9111045EGfg
1 Community Affairs as complying with the requirements
2 specified in clause (i) and (ii) by July 1, 1986. The
3 Department of Commerce and Community Affairs shall notify
4 the Department of Revenue of all such certifications
5 immediately. For tax years ending after December 31,
6 1988, the credit shall be allowed for the tax year in
7 which the property is placed in service, or, if the
8 amount of the credit exceeds the tax liability for that
9 year, whether it exceeds the original liability or the
10 liability as later amended, such excess may be carried
11 forward and applied to the tax liability of the 5 taxable
12 years following the excess credit years. The credit shall
13 be applied to the earliest year for which there is a
14 liability. If there is credit from more than one tax year
15 that is available to offset a liability, earlier credit
16 shall be applied first.
17 (2) The term "qualified property" means property
18 which:
19 (A) is tangible, whether new or used,
20 including buildings and structural components of
21 buildings and signs that are real property, but not
22 including land or improvements to real property that
23 are not a structural component of a building such as
24 landscaping, sewer lines, local access roads,
25 fencing, parking lots, and other appurtenances;
26 (B) is depreciable pursuant to Section 167 of
27 the Internal Revenue Code, except that "3-year
28 property" as defined in Section 168(c)(2)(A) of that
29 Code is not eligible for the credit provided by this
30 subsection (e);
31 (C) is acquired by purchase as defined in
32 Section 179(d) of the Internal Revenue Code;
33 (D) is used in Illinois by a taxpayer who is
34 primarily engaged in manufacturing, or in mining
-185- LRB9111045EGfg
1 coal or fluorite, or in retailing; and
2 (E) has not previously been used in Illinois
3 in such a manner and by such a person as would
4 qualify for the credit provided by this subsection
5 (e) or subsection (f).
6 (3) For purposes of this subsection (e),
7 "manufacturing" means the material staging and production
8 of tangible personal property by procedures commonly
9 regarded as manufacturing, processing, fabrication, or
10 assembling which changes some existing material into new
11 shapes, new qualities, or new combinations. For purposes
12 of this subsection (e) the term "mining" shall have the
13 same meaning as the term "mining" in Section 613(c) of
14 the Internal Revenue Code. For purposes of this
15 subsection (e), the term "retailing" means the sale of
16 tangible personal property or services rendered in
17 conjunction with the sale of tangible consumer goods or
18 commodities.
19 (4) The basis of qualified property shall be the
20 basis used to compute the depreciation deduction for
21 federal income tax purposes.
22 (5) If the basis of the property for federal income
23 tax depreciation purposes is increased after it has been
24 placed in service in Illinois by the taxpayer, the amount
25 of such increase shall be deemed property placed in
26 service on the date of such increase in basis.
27 (6) The term "placed in service" shall have the
28 same meaning as under Section 46 of the Internal Revenue
29 Code.
30 (7) If during any taxable year, any property ceases
31 to be qualified property in the hands of the taxpayer
32 within 48 months after being placed in service, or the
33 situs of any qualified property is moved outside Illinois
34 within 48 months after being placed in service, the
-186- LRB9111045EGfg
1 Personal Property Tax Replacement Income Tax for such
2 taxable year shall be increased. Such increase shall be
3 determined by (i) recomputing the investment credit which
4 would have been allowed for the year in which credit for
5 such property was originally allowed by eliminating such
6 property from such computation and, (ii) subtracting such
7 recomputed credit from the amount of credit previously
8 allowed. For the purposes of this paragraph (7), a
9 reduction of the basis of qualified property resulting
10 from a redetermination of the purchase price shall be
11 deemed a disposition of qualified property to the extent
12 of such reduction.
13 (8) Unless the investment credit is extended by
14 law, the basis of qualified property shall not include
15 costs incurred after December 31, 2003, except for costs
16 incurred pursuant to a binding contract entered into on
17 or before December 31, 2003.
18 (9) Each taxable year, a partnership may elect to
19 pass through to its partners the credits to which the
20 partnership is entitled under this subsection (e) for the
21 taxable year. A partner may use the credit allocated to
22 him or her under this paragraph only against the tax
23 imposed in subsections (c) and (d) of this Section. If
24 the partnership makes that election, those credits shall
25 be allocated among the partners in the partnership in
26 accordance with the rules set forth in Section 704(b) of
27 the Internal Revenue Code, and the rules promulgated
28 under that Section, and the allocated amount of the
29 credits shall be allowed to the partners for that taxable
30 year. The partnership shall make this election on its
31 Personal Property Tax Replacement Income Tax return for
32 that taxable year. The election to pass through the
33 credits shall be irrevocable.
34 (f) Investment credit; Enterprise Zone.
-187- LRB9111045EGfg
1 (1) A taxpayer shall be allowed a credit against
2 the tax imposed by subsections (a) and (b) of this
3 Section for investment in qualified property which is
4 placed in service in an Enterprise Zone created pursuant
5 to the Illinois Enterprise Zone Act. For partners,
6 shareholders of Subchapter S corporations, and owners of
7 limited liability companies, if the liability company is
8 treated as a partnership for purposes of federal and
9 State income taxation, there shall be allowed a credit
10 under this subsection (f) to be determined in accordance
11 with the determination of income and distributive share
12 of income under Sections 702 and 704 and Subchapter S of
13 the Internal Revenue Code. The credit shall be .5% of the
14 basis for such property. The credit shall be available
15 only in the taxable year in which the property is placed
16 in service in the Enterprise Zone and shall not be
17 allowed to the extent that it would reduce a taxpayer's
18 liability for the tax imposed by subsections (a) and (b)
19 of this Section to below zero. For tax years ending on or
20 after December 31, 1985, the credit shall be allowed for
21 the tax year in which the property is placed in service,
22 or, if the amount of the credit exceeds the tax liability
23 for that year, whether it exceeds the original liability
24 or the liability as later amended, such excess may be
25 carried forward and applied to the tax liability of the 5
26 taxable years following the excess credit year. The
27 credit shall be applied to the earliest year for which
28 there is a liability. If there is credit from more than
29 one tax year that is available to offset a liability, the
30 credit accruing first in time shall be applied first.
31 (2) The term qualified property means property
32 which:
33 (A) is tangible, whether new or used,
34 including buildings and structural components of
-188- LRB9111045EGfg
1 buildings;
2 (B) is depreciable pursuant to Section 167 of
3 the Internal Revenue Code, except that "3-year
4 property" as defined in Section 168(c)(2)(A) of that
5 Code is not eligible for the credit provided by this
6 subsection (f);
7 (C) is acquired by purchase as defined in
8 Section 179(d) of the Internal Revenue Code;
9 (D) is used in the Enterprise Zone by the
10 taxpayer; and
11 (E) has not been previously used in Illinois
12 in such a manner and by such a person as would
13 qualify for the credit provided by this subsection
14 (f) or subsection (e).
15 (3) The basis of qualified property shall be the
16 basis used to compute the depreciation deduction for
17 federal income tax purposes.
18 (4) If the basis of the property for federal income
19 tax depreciation purposes is increased after it has been
20 placed in service in the Enterprise Zone by the taxpayer,
21 the amount of such increase shall be deemed property
22 placed in service on the date of such increase in basis.
23 (5) The term "placed in service" shall have the
24 same meaning as under Section 46 of the Internal Revenue
25 Code.
26 (6) If during any taxable year, any property ceases
27 to be qualified property in the hands of the taxpayer
28 within 48 months after being placed in service, or the
29 situs of any qualified property is moved outside the
30 Enterprise Zone within 48 months after being placed in
31 service, the tax imposed under subsections (a) and (b) of
32 this Section for such taxable year shall be increased.
33 Such increase shall be determined by (i) recomputing the
34 investment credit which would have been allowed for the
-189- LRB9111045EGfg
1 year in which credit for such property was originally
2 allowed by eliminating such property from such
3 computation, and (ii) subtracting such recomputed credit
4 from the amount of credit previously allowed. For the
5 purposes of this paragraph (6), a reduction of the basis
6 of qualified property resulting from a redetermination of
7 the purchase price shall be deemed a disposition of
8 qualified property to the extent of such reduction.
9 (g) Jobs Tax Credit; Enterprise Zone and Foreign Trade
10 Zone or Sub-Zone.
11 (1) A taxpayer conducting a trade or business in an
12 enterprise zone or a High Impact Business designated by
13 the Department of Commerce and Community Affairs
14 conducting a trade or business in a federally designated
15 Foreign Trade Zone or Sub-Zone shall be allowed a credit
16 against the tax imposed by subsections (a) and (b) of
17 this Section in the amount of $500 per eligible employee
18 hired to work in the zone during the taxable year.
19 (2) To qualify for the credit:
20 (A) the taxpayer must hire 5 or more eligible
21 employees to work in an enterprise zone or federally
22 designated Foreign Trade Zone or Sub-Zone during the
23 taxable year;
24 (B) the taxpayer's total employment within the
25 enterprise zone or federally designated Foreign
26 Trade Zone or Sub-Zone must increase by 5 or more
27 full-time employees beyond the total employed in
28 that zone at the end of the previous tax year for
29 which a jobs tax credit under this Section was
30 taken, or beyond the total employed by the taxpayer
31 as of December 31, 1985, whichever is later; and
32 (C) the eligible employees must be employed
33 180 consecutive days in order to be deemed hired for
34 purposes of this subsection.
-190- LRB9111045EGfg
1 (3) An "eligible employee" means an employee who
2 is:
3 (A) Certified by the Department of Commerce
4 and Community Affairs as "eligible for services"
5 pursuant to regulations promulgated in accordance
6 with Title II of the Job Training Partnership Act,
7 Training Services for the Disadvantaged or Title III
8 of the Job Training Partnership Act, Employment and
9 Training Assistance for Dislocated Workers Program.
10 (B) Hired after the enterprise zone or
11 federally designated Foreign Trade Zone or Sub-Zone
12 was designated or the trade or business was located
13 in that zone, whichever is later.
14 (C) Employed in the enterprise zone or Foreign
15 Trade Zone or Sub-Zone. An employee is employed in
16 an enterprise zone or federally designated Foreign
17 Trade Zone or Sub-Zone if his services are rendered
18 there or it is the base of operations for the
19 services performed.
20 (D) A full-time employee working 30 or more
21 hours per week.
22 (4) For tax years ending on or after December 31,
23 1985 and prior to December 31, 1988, the credit shall be
24 allowed for the tax year in which the eligible employees
25 are hired. For tax years ending on or after December 31,
26 1988, the credit shall be allowed for the tax year
27 immediately following the tax year in which the eligible
28 employees are hired. If the amount of the credit exceeds
29 the tax liability for that year, whether it exceeds the
30 original liability or the liability as later amended,
31 such excess may be carried forward and applied to the tax
32 liability of the 5 taxable years following the excess
33 credit year. The credit shall be applied to the earliest
34 year for which there is a liability. If there is credit
-191- LRB9111045EGfg
1 from more than one tax year that is available to offset a
2 liability, earlier credit shall be applied first.
3 (5) The Department of Revenue shall promulgate such
4 rules and regulations as may be deemed necessary to carry
5 out the purposes of this subsection (g).
6 (6) The credit shall be available for eligible
7 employees hired on or after January 1, 1986.
8 (h) Investment credit; High Impact Business.
9 (1) Subject to subsection (b) of Section 5.5 of the
10 Illinois Enterprise Zone Act, a taxpayer shall be allowed
11 a credit against the tax imposed by subsections (a) and
12 (b) of this Section for investment in qualified property
13 which is placed in service by a Department of Commerce
14 and Community Affairs designated High Impact Business.
15 The credit shall be .5% of the basis for such property.
16 The credit shall not be available until the minimum
17 investments in qualified property set forth in Section
18 5.5 of the Illinois Enterprise Zone Act have been
19 satisfied and shall not be allowed to the extent that it
20 would reduce a taxpayer's liability for the tax imposed
21 by subsections (a) and (b) of this Section to below zero.
22 The credit applicable to such minimum investments shall
23 be taken in the taxable year in which such minimum
24 investments have been completed. The credit for
25 additional investments beyond the minimum investment by a
26 designated high impact business shall be available only
27 in the taxable year in which the property is placed in
28 service and shall not be allowed to the extent that it
29 would reduce a taxpayer's liability for the tax imposed
30 by subsections (a) and (b) of this Section to below zero.
31 For tax years ending on or after December 31, 1987, the
32 credit shall be allowed for the tax year in which the
33 property is placed in service, or, if the amount of the
34 credit exceeds the tax liability for that year, whether
-192- LRB9111045EGfg
1 it exceeds the original liability or the liability as
2 later amended, such excess may be carried forward and
3 applied to the tax liability of the 5 taxable years
4 following the excess credit year. The credit shall be
5 applied to the earliest year for which there is a
6 liability. If there is credit from more than one tax
7 year that is available to offset a liability, the credit
8 accruing first in time shall be applied first.
9 Changes made in this subdivision (h)(1) by Public
10 Act 88-670 restore changes made by Public Act 85-1182 and
11 reflect existing law.
12 (2) The term qualified property means property
13 which:
14 (A) is tangible, whether new or used,
15 including buildings and structural components of
16 buildings;
17 (B) is depreciable pursuant to Section 167 of
18 the Internal Revenue Code, except that "3-year
19 property" as defined in Section 168(c)(2)(A) of that
20 Code is not eligible for the credit provided by this
21 subsection (h);
22 (C) is acquired by purchase as defined in
23 Section 179(d) of the Internal Revenue Code; and
24 (D) is not eligible for the Enterprise Zone
25 Investment Credit provided by subsection (f) of this
26 Section.
27 (3) The basis of qualified property shall be the
28 basis used to compute the depreciation deduction for
29 federal income tax purposes.
30 (4) If the basis of the property for federal income
31 tax depreciation purposes is increased after it has been
32 placed in service in a federally designated Foreign Trade
33 Zone or Sub-Zone located in Illinois by the taxpayer, the
34 amount of such increase shall be deemed property placed
-193- LRB9111045EGfg
1 in service on the date of such increase in basis.
2 (5) The term "placed in service" shall have the
3 same meaning as under Section 46 of the Internal Revenue
4 Code.
5 (6) If during any taxable year ending on or before
6 December 31, 1996, any property ceases to be qualified
7 property in the hands of the taxpayer within 48 months
8 after being placed in service, or the situs of any
9 qualified property is moved outside Illinois within 48
10 months after being placed in service, the tax imposed
11 under subsections (a) and (b) of this Section for such
12 taxable year shall be increased. Such increase shall be
13 determined by (i) recomputing the investment credit which
14 would have been allowed for the year in which credit for
15 such property was originally allowed by eliminating such
16 property from such computation, and (ii) subtracting such
17 recomputed credit from the amount of credit previously
18 allowed. For the purposes of this paragraph (6), a
19 reduction of the basis of qualified property resulting
20 from a redetermination of the purchase price shall be
21 deemed a disposition of qualified property to the extent
22 of such reduction.
23 (7) Beginning with tax years ending after December
24 31, 1996, if a taxpayer qualifies for the credit under
25 this subsection (h) and thereby is granted a tax
26 abatement and the taxpayer relocates its entire facility
27 in violation of the explicit terms and length of the
28 contract under Section 18-183 of the Property Tax Code,
29 the tax imposed under subsections (a) and (b) of this
30 Section shall be increased for the taxable year in which
31 the taxpayer relocated its facility by an amount equal to
32 the amount of credit received by the taxpayer under this
33 subsection (h).
34 (i) A credit shall be allowed against the tax imposed by
-194- LRB9111045EGfg
1 subsections (a) and (b) of this Section for the tax imposed
2 by subsections (c) and (d) of this Section. This credit
3 shall be computed by multiplying the tax imposed by
4 subsections (c) and (d) of this Section by a fraction, the
5 numerator of which is base income allocable to Illinois and
6 the denominator of which is Illinois base income, and further
7 multiplying the product by the tax rate imposed by
8 subsections (a) and (b) of this Section.
9 Any credit earned on or after December 31, 1986 under
10 this subsection which is unused in the year the credit is
11 computed because it exceeds the tax liability imposed by
12 subsections (a) and (b) for that year (whether it exceeds the
13 original liability or the liability as later amended) may be
14 carried forward and applied to the tax liability imposed by
15 subsections (a) and (b) of the 5 taxable years following the
16 excess credit year. This credit shall be applied first to
17 the earliest year for which there is a liability. If there
18 is a credit under this subsection from more than one tax year
19 that is available to offset a liability the earliest credit
20 arising under this subsection shall be applied first.
21 If, during any taxable year ending on or after December
22 31, 1986, the tax imposed by subsections (c) and (d) of this
23 Section for which a taxpayer has claimed a credit under this
24 subsection (i) is reduced, the amount of credit for such tax
25 shall also be reduced. Such reduction shall be determined by
26 recomputing the credit to take into account the reduced tax
27 imposed by subsection (c) and (d). If any portion of the
28 reduced amount of credit has been carried to a different
29 taxable year, an amended return shall be filed for such
30 taxable year to reduce the amount of credit claimed.
31 (j) Training expense credit. Beginning with tax years
32 ending on or after December 31, 1986, a taxpayer shall be
33 allowed a credit against the tax imposed by subsection (a)
34 and (b) under this Section for all amounts paid or accrued,
-195- LRB9111045EGfg
1 on behalf of all persons employed by the taxpayer in Illinois
2 or Illinois residents employed outside of Illinois by a
3 taxpayer, for educational or vocational training in
4 semi-technical or technical fields or semi-skilled or skilled
5 fields, which were deducted from gross income in the
6 computation of taxable income. The credit against the tax
7 imposed by subsections (a) and (b) shall be 1.6% of such
8 training expenses. For partners, shareholders of subchapter
9 S corporations, and owners of limited liability companies, if
10 the liability company is treated as a partnership for
11 purposes of federal and State income taxation, there shall be
12 allowed a credit under this subsection (j) to be determined
13 in accordance with the determination of income and
14 distributive share of income under Sections 702 and 704 and
15 subchapter S of the Internal Revenue Code.
16 Any credit allowed under this subsection which is unused
17 in the year the credit is earned may be carried forward to
18 each of the 5 taxable years following the year for which the
19 credit is first computed until it is used. This credit shall
20 be applied first to the earliest year for which there is a
21 liability. If there is a credit under this subsection from
22 more than one tax year that is available to offset a
23 liability the earliest credit arising under this subsection
24 shall be applied first.
25 (k) Research and development credit.
26 Beginning with tax years ending after July 1, 1990, a
27 taxpayer shall be allowed a credit against the tax imposed by
28 subsections (a) and (b) of this Section for increasing
29 research activities in this State. The credit allowed
30 against the tax imposed by subsections (a) and (b) shall be
31 equal to 6 1/2% of the qualifying expenditures for increasing
32 research activities in this State. For partners, shareholders
33 of subchapter S corporations, and owners of limited liability
34 companies, if the liability company is treated as a
-196- LRB9111045EGfg
1 partnership for purposes of federal and State income
2 taxation, there shall be allowed a credit under this
3 subsection to be determined in accordance with the
4 determination of income and distributive share of income
5 under Sections 702 and 704 and subchapter S of the Internal
6 Revenue Code.
7 For purposes of this subsection, "qualifying
8 expenditures" means the qualifying expenditures as defined
9 for the federal credit for increasing research activities
10 which would be allowable under Section 41 of the Internal
11 Revenue Code and which are conducted in this State,
12 "qualifying expenditures for increasing research activities
13 in this State" means the excess of qualifying expenditures
14 for the taxable year in which incurred over qualifying
15 expenditures for the base period, "qualifying expenditures
16 for the base period" means the average of the qualifying
17 expenditures for each year in the base period, and "base
18 period" means the 3 taxable years immediately preceding the
19 taxable year for which the determination is being made.
20 Any credit in excess of the tax liability for the taxable
21 year may be carried forward. A taxpayer may elect to have the
22 unused credit shown on its final completed return carried
23 over as a credit against the tax liability for the following
24 5 taxable years or until it has been fully used, whichever
25 occurs first.
26 If an unused credit is carried forward to a given year
27 from 2 or more earlier years, that credit arising in the
28 earliest year will be applied first against the tax liability
29 for the given year. If a tax liability for the given year
30 still remains, the credit from the next earliest year will
31 then be applied, and so on, until all credits have been used
32 or no tax liability for the given year remains. Any
33 remaining unused credit or credits then will be carried
34 forward to the next following year in which a tax liability
-197- LRB9111045EGfg
1 is incurred, except that no credit can be carried forward to
2 a year which is more than 5 years after the year in which the
3 expense for which the credit is given was incurred.
4 Unless extended by law, the credit shall not include
5 costs incurred after December 31, 2004, except for costs
6 incurred pursuant to a binding contract entered into on or
7 before December 31, 2004.
8 No inference shall be drawn from this amendatory Act of
9 the 91st General Assembly in construing this Section for
10 taxable years beginning before January 1, 1999.
11 (l) Environmental Remediation Tax Credit.
12 (i) For tax years ending after December 31, 1997
13 and on or before December 31, 2001, a taxpayer shall be
14 allowed a credit against the tax imposed by subsections
15 (a) and (b) of this Section for certain amounts paid for
16 unreimbursed eligible remediation costs, as specified in
17 this subsection. For purposes of this Section,
18 "unreimbursed eligible remediation costs" means costs
19 approved by the Illinois Environmental Protection Agency
20 ("Agency") under Section 58.14 of the Environmental
21 Protection Act that were paid in performing environmental
22 remediation at a site for which a No Further Remediation
23 Letter was issued by the Agency and recorded under
24 Section 58.10 of the Environmental Protection Act. The
25 credit must be claimed for the taxable year in which
26 Agency approval of the eligible remediation costs is
27 granted. The credit is not available to any taxpayer if
28 the taxpayer or any related party caused or contributed
29 to, in any material respect, a release of regulated
30 substances on, in, or under the site that was identified
31 and addressed by the remedial action pursuant to the Site
32 Remediation Program of the Environmental Protection Act.
33 After the Pollution Control Board rules are adopted
34 pursuant to the Illinois Administrative Procedure Act for
-198- LRB9111045EGfg
1 the administration and enforcement of Section 58.9 of the
2 Environmental Protection Act, determinations as to credit
3 availability for purposes of this Section shall be made
4 consistent with those rules. For purposes of this
5 Section, "taxpayer" includes a person whose tax
6 attributes the taxpayer has succeeded to under Section
7 381 of the Internal Revenue Code and "related party"
8 includes the persons disallowed a deduction for losses by
9 paragraphs (b), (c), and (f)(1) of Section 267 of the
10 Internal Revenue Code by virtue of being a related
11 taxpayer, as well as any of its partners. The credit
12 allowed against the tax imposed by subsections (a) and
13 (b) shall be equal to 25% of the unreimbursed eligible
14 remediation costs in excess of $100,000 per site, except
15 that the $100,000 threshold shall not apply to any site
16 contained in an enterprise zone as determined by the
17 Department of Commerce and Community Affairs. The total
18 credit allowed shall not exceed $40,000 per year with a
19 maximum total of $150,000 per site. For partners and
20 shareholders of subchapter S corporations, there shall be
21 allowed a credit under this subsection to be determined
22 in accordance with the determination of income and
23 distributive share of income under Sections 702 and 704
24 of subchapter S of the Internal Revenue Code.
25 (ii) A credit allowed under this subsection that is
26 unused in the year the credit is earned may be carried
27 forward to each of the 5 taxable years following the year
28 for which the credit is first earned until it is used.
29 The term "unused credit" does not include any amounts of
30 unreimbursed eligible remediation costs in excess of the
31 maximum credit per site authorized under paragraph (i).
32 This credit shall be applied first to the earliest year
33 for which there is a liability. If there is a credit
34 under this subsection from more than one tax year that is
-199- LRB9111045EGfg
1 available to offset a liability, the earliest credit
2 arising under this subsection shall be applied first. A
3 credit allowed under this subsection may be sold to a
4 buyer as part of a sale of all or part of the remediation
5 site for which the credit was granted. The purchaser of
6 a remediation site and the tax credit shall succeed to
7 the unused credit and remaining carry-forward period of
8 the seller. To perfect the transfer, the assignor shall
9 record the transfer in the chain of title for the site
10 and provide written notice to the Director of the
11 Illinois Department of Revenue of the assignor's intent
12 to sell the remediation site and the amount of the tax
13 credit to be transferred as a portion of the sale. In no
14 event may a credit be transferred to any taxpayer if the
15 taxpayer or a related party would not be eligible under
16 the provisions of subsection (i).
17 (iii) For purposes of this Section, the term "site"
18 shall have the same meaning as under Section 58.2 of the
19 Environmental Protection Act.
20 (m) Education expense credit.
21 Beginning with tax years ending after December 31, 1999,
22 a taxpayer who is the custodian of one or more qualifying
23 pupils shall be allowed a credit against the tax imposed by
24 subsections (a) and (b) of this Section for qualified
25 education expenses incurred on behalf of the qualifying
26 pupils. The credit shall be equal to 25% of qualified
27 education expenses, but in no event may the total credit
28 under this Section claimed by a family that is the custodian
29 of qualifying pupils exceed $500. In no event shall a credit
30 under this subsection reduce the taxpayer's liability under
31 this Act to less than zero. This subsection is exempt from
32 the provisions of Section 250 of this Act.
33 For purposes of this subsection;
34 "Qualifying pupils" means individuals who (i) are
-200- LRB9111045EGfg
1 residents of the State of Illinois, (ii) are under the age of
2 21 at the close of the school year for which a credit is
3 sought, and (iii) during the school year for which a credit
4 is sought were full-time pupils enrolled in a kindergarten
5 through twelfth grade education program at any school, as
6 defined in this subsection.
7 "Qualified education expense" means the amount incurred
8 on behalf of a qualifying pupil in excess of $250 for
9 tuition, book fees, and lab fees at the school in which the
10 pupil is enrolled during the regular school year.
11 "School" means any public or nonpublic elementary or
12 secondary school in Illinois that is in compliance with Title
13 VI of the Civil Rights Act of 1964 and attendance at which
14 satisfies the requirements of Section 26-1 of the School
15 Code, except that nothing shall be construed to require a
16 child to attend any particular public or nonpublic school to
17 qualify for the credit under this Section.
18 "Custodian" means, with respect to qualifying pupils, an
19 Illinois resident who is a parent, the parents, a legal
20 guardian, or the legal guardians of the qualifying pupils.
21 (Source: P.A. 90-123, eff. 7-21-97; 90-458, eff. 8-17-97;
22 90-605, eff. 6-30-98; 90-655, eff. 7-30-98; 90-717, eff.
23 8-7-98; 90-792, eff. 1-1-99; 91-9, eff. 1-1-00; 91-357, eff.
24 7-29-99; 91-643, eff. 8-20-99; 91-644, eff. 8-20-99; revised
25 8-27-99.)
26 (35 ILCS 5/203) (from Ch. 120, par. 2-203)
27 Sec. 203. Base income defined.
28 (a) Individuals.
29 (1) In general. In the case of an individual, base
30 income means an amount equal to the taxpayer's adjusted
31 gross income for the taxable year as modified by
32 paragraph (2).
33 (2) Modifications. The adjusted gross income
-201- LRB9111045EGfg
1 referred to in paragraph (1) shall be modified by adding
2 thereto the sum of the following amounts:
3 (A) An amount equal to all amounts paid or
4 accrued to the taxpayer as interest or dividends
5 during the taxable year to the extent excluded from
6 gross income in the computation of adjusted gross
7 income, except stock dividends of qualified public
8 utilities described in Section 305(e) of the
9 Internal Revenue Code;
10 (B) An amount equal to the amount of tax
11 imposed by this Act to the extent deducted from
12 gross income in the computation of adjusted gross
13 income for the taxable year;
14 (C) An amount equal to the amount received
15 during the taxable year as a recovery or refund of
16 real property taxes paid with respect to the
17 taxpayer's principal residence under the Revenue Act
18 of 1939 and for which a deduction was previously
19 taken under subparagraph (L) of this paragraph (2)
20 prior to July 1, 1991, the retrospective application
21 date of Article 4 of Public Act 87-17. In the case
22 of multi-unit or multi-use structures and farm
23 dwellings, the taxes on the taxpayer's principal
24 residence shall be that portion of the total taxes
25 for the entire property which is attributable to
26 such principal residence;
27 (D) An amount equal to the amount of the
28 capital gain deduction allowable under the Internal
29 Revenue Code, to the extent deducted from gross
30 income in the computation of adjusted gross income;
31 (D-5) An amount, to the extent not included in
32 adjusted gross income, equal to the amount of money
33 withdrawn by the taxpayer in the taxable year from a
34 medical care savings account and the interest earned
-202- LRB9111045EGfg
1 on the account in the taxable year of a withdrawal
2 pursuant to subsection (b) of Section 20 of the
3 Medical Care Savings Account Act; and
4 (D-10) For taxable years ending after December
5 31, 1997, an amount equal to any eligible
6 remediation costs that the individual deducted in
7 computing adjusted gross income and for which the
8 individual claims a credit under subsection (l) of
9 Section 201;
10 and by deducting from the total so obtained the sum of
11 the following amounts:
12 (E) Any amount included in such total in
13 respect of any compensation (including but not
14 limited to any compensation paid or accrued to a
15 serviceman while a prisoner of war or missing in
16 action) paid to a resident by reason of being on
17 active duty in the Armed Forces of the United States
18 and in respect of any compensation paid or accrued
19 to a resident who as a governmental employee was a
20 prisoner of war or missing in action, and in respect
21 of any compensation paid to a resident in 1971 or
22 thereafter for annual training performed pursuant to
23 Sections 502 and 503, Title 32, United States Code
24 as a member of the Illinois National Guard;
25 (F) An amount equal to all amounts included in
26 such total pursuant to the provisions of Sections
27 402(a), 402(c), 403(a), 403(b), 406(a), 407(a), and
28 408 of the Internal Revenue Code, or included in
29 such total as distributions under the provisions of
30 any retirement or disability plan for employees of
31 any governmental agency or unit, or retirement
32 payments to retired partners, which payments are
33 excluded in computing net earnings from self
34 employment by Section 1402 of the Internal Revenue
-203- LRB9111045EGfg
1 Code and regulations adopted pursuant thereto;
2 (G) The valuation limitation amount;
3 (H) An amount equal to the amount of any tax
4 imposed by this Act which was refunded to the
5 taxpayer and included in such total for the taxable
6 year;
7 (I) An amount equal to all amounts included in
8 such total pursuant to the provisions of Section 111
9 of the Internal Revenue Code as a recovery of items
10 previously deducted from adjusted gross income in
11 the computation of taxable income;
12 (J) An amount equal to those dividends
13 included in such total which were paid by a
14 corporation which conducts business operations in an
15 Enterprise Zone or zones created under the Illinois
16 Enterprise Zone Act, and conducts substantially all
17 of its operations in an Enterprise Zone or zones;
18 (K) An amount equal to those dividends
19 included in such total that were paid by a
20 corporation that conducts business operations in a
21 federally designated Foreign Trade Zone or Sub-Zone
22 and that is designated a High Impact Business
23 located in Illinois; provided that dividends
24 eligible for the deduction provided in subparagraph
25 (J) of paragraph (2) of this subsection shall not be
26 eligible for the deduction provided under this
27 subparagraph (K);
28 (L) For taxable years ending after December
29 31, 1983, an amount equal to all social security
30 benefits and railroad retirement benefits included
31 in such total pursuant to Sections 72(r) and 86 of
32 the Internal Revenue Code;
33 (M) With the exception of any amounts
34 subtracted under subparagraph (N), an amount equal
-204- LRB9111045EGfg
1 to the sum of all amounts disallowed as deductions
2 by (i) Sections 171(a) (2), and 265(2) of the
3 Internal Revenue Code of 1954, as now or hereafter
4 amended, and all amounts of expenses allocable to
5 interest and disallowed as deductions by Section
6 265(1) of the Internal Revenue Code of 1954, as now
7 or hereafter amended; and (ii) for taxable years
8 ending on or after August 13, 1999 the effective
9 date of this amendatory Act of the 91st General
10 Assembly, Sections 171(a)(2), 265, 280C, and
11 832(b)(5)(B)(i) of the Internal Revenue Code; the
12 provisions of this subparagraph are exempt from the
13 provisions of Section 250;
14 (N) An amount equal to all amounts included in
15 such total which are exempt from taxation by this
16 State either by reason of its statutes or
17 Constitution or by reason of the Constitution,
18 treaties or statutes of the United States; provided
19 that, in the case of any statute of this State that
20 exempts income derived from bonds or other
21 obligations from the tax imposed under this Act, the
22 amount exempted shall be the interest net of bond
23 premium amortization;
24 (O) An amount equal to any contribution made
25 to a job training project established pursuant to
26 the Tax Increment Allocation Redevelopment Act;
27 (P) An amount equal to the amount of the
28 deduction used to compute the federal income tax
29 credit for restoration of substantial amounts held
30 under claim of right for the taxable year pursuant
31 to Section 1341 of the Internal Revenue Code of
32 1986;
33 (Q) An amount equal to any amounts included in
34 such total, received by the taxpayer as an
-205- LRB9111045EGfg
1 acceleration in the payment of life, endowment or
2 annuity benefits in advance of the time they would
3 otherwise be payable as an indemnity for a terminal
4 illness;
5 (R) An amount equal to the amount of any
6 federal or State bonus paid to veterans of the
7 Persian Gulf War;
8 (S) An amount, to the extent included in
9 adjusted gross income, equal to the amount of a
10 contribution made in the taxable year on behalf of
11 the taxpayer to a medical care savings account
12 established under the Medical Care Savings Account
13 Act to the extent the contribution is accepted by
14 the account administrator as provided in that Act;
15 (T) An amount, to the extent included in
16 adjusted gross income, equal to the amount of
17 interest earned in the taxable year on a medical
18 care savings account established under the Medical
19 Care Savings Account Act on behalf of the taxpayer,
20 other than interest added pursuant to item (D-5) of
21 this paragraph (2);
22 (U) For one taxable year beginning on or after
23 January 1, 1994, an amount equal to the total amount
24 of tax imposed and paid under subsections (a) and
25 (b) of Section 201 of this Act on grant amounts
26 received by the taxpayer under the Nursing Home
27 Grant Assistance Act during the taxpayer's taxable
28 years 1992 and 1993;
29 (V) Beginning with tax years ending on or
30 after December 31, 1995 and ending with tax years
31 ending on or before December 31, 2004, an amount
32 equal to the amount paid by a taxpayer who is a
33 self-employed taxpayer, a partner of a partnership,
34 or a shareholder in a Subchapter S corporation for
-206- LRB9111045EGfg
1 health insurance or long-term care insurance for
2 that taxpayer or that taxpayer's spouse or
3 dependents, to the extent that the amount paid for
4 that health insurance or long-term care insurance
5 may be deducted under Section 213 of the Internal
6 Revenue Code of 1986, has not been deducted on the
7 federal income tax return of the taxpayer, and does
8 not exceed the taxable income attributable to that
9 taxpayer's income, self-employment income, or
10 Subchapter S corporation income; except that no
11 deduction shall be allowed under this item (V) if
12 the taxpayer is eligible to participate in any
13 health insurance or long-term care insurance plan of
14 an employer of the taxpayer or the taxpayer's
15 spouse. The amount of the health insurance and
16 long-term care insurance subtracted under this item
17 (V) shall be determined by multiplying total health
18 insurance and long-term care insurance premiums paid
19 by the taxpayer times a number that represents the
20 fractional percentage of eligible medical expenses
21 under Section 213 of the Internal Revenue Code of
22 1986 not actually deducted on the taxpayer's federal
23 income tax return;
24 (W) For taxable years beginning on or after
25 January 1, 1998, all amounts included in the
26 taxpayer's federal gross income in the taxable year
27 from amounts converted from a regular IRA to a Roth
28 IRA. This paragraph is exempt from the provisions of
29 Section 250; and
30 (X) For taxable year 1999 and thereafter, an
31 amount equal to the amount of any (i) distributions,
32 to the extent includible in gross income for federal
33 income tax purposes, made to the taxpayer because of
34 his or her status as a victim of persecution for
-207- LRB9111045EGfg
1 racial or religious reasons by Nazi Germany or any
2 other Axis regime or as an heir of the victim and
3 (ii) items of income, to the extent includible in
4 gross income for federal income tax purposes,
5 attributable to, derived from or in any way related
6 to assets stolen from, hidden from, or otherwise
7 lost to a victim of persecution for racial or
8 religious reasons by Nazi Germany or any other Axis
9 regime immediately prior to, during, and immediately
10 after World War II, including, but not limited to,
11 interest on the proceeds receivable as insurance
12 under policies issued to a victim of persecution for
13 racial or religious reasons by Nazi Germany or any
14 other Axis regime by European insurance companies
15 immediately prior to and during World War II;
16 provided, however, this subtraction from federal
17 adjusted gross income does not apply to assets
18 acquired with such assets or with the proceeds from
19 the sale of such assets; provided, further, this
20 paragraph shall only apply to a taxpayer who was the
21 first recipient of such assets after their recovery
22 and who is a victim of persecution for racial or
23 religious reasons by Nazi Germany or any other Axis
24 regime or as an heir of the victim. The amount of
25 and the eligibility for any public assistance,
26 benefit, or similar entitlement is not affected by
27 the inclusion of items (i) and (ii) of this
28 paragraph in gross income for federal income tax
29 purposes. This paragraph is exempt from the
30 provisions of Section 250.
31 (b) Corporations.
32 (1) In general. In the case of a corporation, base
33 income means an amount equal to the taxpayer's taxable
34 income for the taxable year as modified by paragraph (2).
-208- LRB9111045EGfg
1 (2) Modifications. The taxable income referred to
2 in paragraph (1) shall be modified by adding thereto the
3 sum of the following amounts:
4 (A) An amount equal to all amounts paid or
5 accrued to the taxpayer as interest and all
6 distributions received from regulated investment
7 companies during the taxable year to the extent
8 excluded from gross income in the computation of
9 taxable income;
10 (B) An amount equal to the amount of tax
11 imposed by this Act to the extent deducted from
12 gross income in the computation of taxable income
13 for the taxable year;
14 (C) In the case of a regulated investment
15 company, an amount equal to the excess of (i) the
16 net long-term capital gain for the taxable year,
17 over (ii) the amount of the capital gain dividends
18 designated as such in accordance with Section
19 852(b)(3)(C) of the Internal Revenue Code and any
20 amount designated under Section 852(b)(3)(D) of the
21 Internal Revenue Code, attributable to the taxable
22 year (this amendatory Act of 1995 (Public Act 89-89)
23 is declarative of existing law and is not a new
24 enactment);
25 (D) The amount of any net operating loss
26 deduction taken in arriving at taxable income, other
27 than a net operating loss carried forward from a
28 taxable year ending prior to December 31, 1986;
29 (E) For taxable years in which a net operating
30 loss carryback or carryforward from a taxable year
31 ending prior to December 31, 1986 is an element of
32 taxable income under paragraph (1) of subsection (e)
33 or subparagraph (E) of paragraph (2) of subsection
34 (e), the amount by which addition modifications
-209- LRB9111045EGfg
1 other than those provided by this subparagraph (E)
2 exceeded subtraction modifications in such earlier
3 taxable year, with the following limitations applied
4 in the order that they are listed:
5 (i) the addition modification relating to
6 the net operating loss carried back or forward
7 to the taxable year from any taxable year
8 ending prior to December 31, 1986 shall be
9 reduced by the amount of addition modification
10 under this subparagraph (E) which related to
11 that net operating loss and which was taken
12 into account in calculating the base income of
13 an earlier taxable year, and
14 (ii) the addition modification relating
15 to the net operating loss carried back or
16 forward to the taxable year from any taxable
17 year ending prior to December 31, 1986 shall
18 not exceed the amount of such carryback or
19 carryforward;
20 For taxable years in which there is a net
21 operating loss carryback or carryforward from more
22 than one other taxable year ending prior to December
23 31, 1986, the addition modification provided in this
24 subparagraph (E) shall be the sum of the amounts
25 computed independently under the preceding
26 provisions of this subparagraph (E) for each such
27 taxable year; and
28 (E-5) For taxable years ending after December
29 31, 1997, an amount equal to any eligible
30 remediation costs that the corporation deducted in
31 computing adjusted gross income and for which the
32 corporation claims a credit under subsection (l) of
33 Section 201;
34 and by deducting from the total so obtained the sum of
-210- LRB9111045EGfg
1 the following amounts:
2 (F) An amount equal to the amount of any tax
3 imposed by this Act which was refunded to the
4 taxpayer and included in such total for the taxable
5 year;
6 (G) An amount equal to any amount included in
7 such total under Section 78 of the Internal Revenue
8 Code;
9 (H) In the case of a regulated investment
10 company, an amount equal to the amount of exempt
11 interest dividends as defined in subsection (b) (5)
12 of Section 852 of the Internal Revenue Code, paid to
13 shareholders for the taxable year;
14 (I) With the exception of any amounts
15 subtracted under subparagraph (J), an amount equal
16 to the sum of all amounts disallowed as deductions
17 by (i) Sections 171(a) (2), and 265(a)(2) and
18 amounts disallowed as interest expense by Section
19 291(a)(3) of the Internal Revenue Code, as now or
20 hereafter amended, and all amounts of expenses
21 allocable to interest and disallowed as deductions
22 by Section 265(a)(1) of the Internal Revenue Code,
23 as now or hereafter amended; and (ii) for taxable
24 years ending on or after August 13, 1999 the
25 effective date of this amendatory Act of the 91st
26 General Assembly, Sections 171(a)(2), 265, 280C, and
27 832(b)(5)(B)(i) of the Internal Revenue Code; the
28 provisions of this subparagraph are exempt from the
29 provisions of Section 250;
30 (J) An amount equal to all amounts included in
31 such total which are exempt from taxation by this
32 State either by reason of its statutes or
33 Constitution or by reason of the Constitution,
34 treaties or statutes of the United States; provided
-211- LRB9111045EGfg
1 that, in the case of any statute of this State that
2 exempts income derived from bonds or other
3 obligations from the tax imposed under this Act, the
4 amount exempted shall be the interest net of bond
5 premium amortization;
6 (K) An amount equal to those dividends
7 included in such total which were paid by a
8 corporation which conducts business operations in an
9 Enterprise Zone or zones created under the Illinois
10 Enterprise Zone Act and conducts substantially all
11 of its operations in an Enterprise Zone or zones;
12 (L) An amount equal to those dividends
13 included in such total that were paid by a
14 corporation that conducts business operations in a
15 federally designated Foreign Trade Zone or Sub-Zone
16 and that is designated a High Impact Business
17 located in Illinois; provided that dividends
18 eligible for the deduction provided in subparagraph
19 (K) of paragraph 2 of this subsection shall not be
20 eligible for the deduction provided under this
21 subparagraph (L);
22 (M) For any taxpayer that is a financial
23 organization within the meaning of Section 304(c) of
24 this Act, an amount included in such total as
25 interest income from a loan or loans made by such
26 taxpayer to a borrower, to the extent that such a
27 loan is secured by property which is eligible for
28 the Enterprise Zone Investment Credit. To determine
29 the portion of a loan or loans that is secured by
30 property eligible for a Section 201(h) investment
31 credit to the borrower, the entire principal amount
32 of the loan or loans between the taxpayer and the
33 borrower should be divided into the basis of the
34 Section 201(h) investment credit property which
-212- LRB9111045EGfg
1 secures the loan or loans, using for this purpose
2 the original basis of such property on the date that
3 it was placed in service in the Enterprise Zone.
4 The subtraction modification available to taxpayer
5 in any year under this subsection shall be that
6 portion of the total interest paid by the borrower
7 with respect to such loan attributable to the
8 eligible property as calculated under the previous
9 sentence;
10 (M-1) For any taxpayer that is a financial
11 organization within the meaning of Section 304(c) of
12 this Act, an amount included in such total as
13 interest income from a loan or loans made by such
14 taxpayer to a borrower, to the extent that such a
15 loan is secured by property which is eligible for
16 the High Impact Business Investment Credit. To
17 determine the portion of a loan or loans that is
18 secured by property eligible for a Section 201(i)
19 investment credit to the borrower, the entire
20 principal amount of the loan or loans between the
21 taxpayer and the borrower should be divided into the
22 basis of the Section 201(i) investment credit
23 property which secures the loan or loans, using for
24 this purpose the original basis of such property on
25 the date that it was placed in service in a
26 federally designated Foreign Trade Zone or Sub-Zone
27 located in Illinois. No taxpayer that is eligible
28 for the deduction provided in subparagraph (M) of
29 paragraph (2) of this subsection shall be eligible
30 for the deduction provided under this subparagraph
31 (M-1). The subtraction modification available to
32 taxpayers in any year under this subsection shall be
33 that portion of the total interest paid by the
34 borrower with respect to such loan attributable to
-213- LRB9111045EGfg
1 the eligible property as calculated under the
2 previous sentence;
3 (N) Two times any contribution made during the
4 taxable year to a designated zone organization to
5 the extent that the contribution (i) qualifies as a
6 charitable contribution under subsection (c) of
7 Section 170 of the Internal Revenue Code and (ii)
8 must, by its terms, be used for a project approved
9 by the Department of Commerce and Community Affairs
10 under Section 11 of the Illinois Enterprise Zone
11 Act;
12 (O) An amount equal to: (i) 85% for taxable
13 years ending on or before December 31, 1992, or, a
14 percentage equal to the percentage allowable under
15 Section 243(a)(1) of the Internal Revenue Code of
16 1986 for taxable years ending after December 31,
17 1992, of the amount by which dividends included in
18 taxable income and received from a corporation that
19 is not created or organized under the laws of the
20 United States or any state or political subdivision
21 thereof, including, for taxable years ending on or
22 after December 31, 1988, dividends received or
23 deemed received or paid or deemed paid under
24 Sections 951 through 964 of the Internal Revenue
25 Code, exceed the amount of the modification provided
26 under subparagraph (G) of paragraph (2) of this
27 subsection (b) which is related to such dividends;
28 plus (ii) 100% of the amount by which dividends,
29 included in taxable income and received, including,
30 for taxable years ending on or after December 31,
31 1988, dividends received or deemed received or paid
32 or deemed paid under Sections 951 through 964 of the
33 Internal Revenue Code, from any such corporation
34 specified in clause (i) that would but for the
-214- LRB9111045EGfg
1 provisions of Section 1504 (b) (3) of the Internal
2 Revenue Code be treated as a member of the
3 affiliated group which includes the dividend
4 recipient, exceed the amount of the modification
5 provided under subparagraph (G) of paragraph (2) of
6 this subsection (b) which is related to such
7 dividends;
8 (P) An amount equal to any contribution made
9 to a job training project established pursuant to
10 the Tax Increment Allocation Redevelopment Act;
11 (Q) An amount equal to the amount of the
12 deduction used to compute the federal income tax
13 credit for restoration of substantial amounts held
14 under claim of right for the taxable year pursuant
15 to Section 1341 of the Internal Revenue Code of
16 1986; and
17 (R) In the case of an attorney-in-fact with
18 respect to whom an interinsurer or a reciprocal
19 insurer has made the election under Section 835 of
20 the Internal Revenue Code, 26 U.S.C. 835, an amount
21 equal to the excess, if any, of the amounts paid or
22 incurred by that interinsurer or reciprocal insurer
23 in the taxable year to the attorney-in-fact over the
24 deduction allowed to that interinsurer or reciprocal
25 insurer with respect to the attorney-in-fact under
26 Section 835(b) of the Internal Revenue Code for the
27 taxable year.
28 (3) Special rule. For purposes of paragraph (2)
29 (A), "gross income" in the case of a life insurance
30 company, for tax years ending on and after December 31,
31 1994, shall mean the gross investment income for the
32 taxable year.
33 (c) Trusts and estates.
34 (1) In general. In the case of a trust or estate,
-215- LRB9111045EGfg
1 base income means an amount equal to the taxpayer's
2 taxable income for the taxable year as modified by
3 paragraph (2).
4 (2) Modifications. Subject to the provisions of
5 paragraph (3), the taxable income referred to in
6 paragraph (1) shall be modified by adding thereto the sum
7 of the following amounts:
8 (A) An amount equal to all amounts paid or
9 accrued to the taxpayer as interest or dividends
10 during the taxable year to the extent excluded from
11 gross income in the computation of taxable income;
12 (B) In the case of (i) an estate, $600; (ii) a
13 trust which, under its governing instrument, is
14 required to distribute all of its income currently,
15 $300; and (iii) any other trust, $100, but in each
16 such case, only to the extent such amount was
17 deducted in the computation of taxable income;
18 (C) An amount equal to the amount of tax
19 imposed by this Act to the extent deducted from
20 gross income in the computation of taxable income
21 for the taxable year;
22 (D) The amount of any net operating loss
23 deduction taken in arriving at taxable income, other
24 than a net operating loss carried forward from a
25 taxable year ending prior to December 31, 1986;
26 (E) For taxable years in which a net operating
27 loss carryback or carryforward from a taxable year
28 ending prior to December 31, 1986 is an element of
29 taxable income under paragraph (1) of subsection (e)
30 or subparagraph (E) of paragraph (2) of subsection
31 (e), the amount by which addition modifications
32 other than those provided by this subparagraph (E)
33 exceeded subtraction modifications in such taxable
34 year, with the following limitations applied in the
-216- LRB9111045EGfg
1 order that they are listed:
2 (i) the addition modification relating to
3 the net operating loss carried back or forward
4 to the taxable year from any taxable year
5 ending prior to December 31, 1986 shall be
6 reduced by the amount of addition modification
7 under this subparagraph (E) which related to
8 that net operating loss and which was taken
9 into account in calculating the base income of
10 an earlier taxable year, and
11 (ii) the addition modification relating
12 to the net operating loss carried back or
13 forward to the taxable year from any taxable
14 year ending prior to December 31, 1986 shall
15 not exceed the amount of such carryback or
16 carryforward;
17 For taxable years in which there is a net
18 operating loss carryback or carryforward from more
19 than one other taxable year ending prior to December
20 31, 1986, the addition modification provided in this
21 subparagraph (E) shall be the sum of the amounts
22 computed independently under the preceding
23 provisions of this subparagraph (E) for each such
24 taxable year;
25 (F) For taxable years ending on or after
26 January 1, 1989, an amount equal to the tax deducted
27 pursuant to Section 164 of the Internal Revenue Code
28 if the trust or estate is claiming the same tax for
29 purposes of the Illinois foreign tax credit under
30 Section 601 of this Act;
31 (G) An amount equal to the amount of the
32 capital gain deduction allowable under the Internal
33 Revenue Code, to the extent deducted from gross
34 income in the computation of taxable income; and
-217- LRB9111045EGfg
1 (G-5) For taxable years ending after December
2 31, 1997, an amount equal to any eligible
3 remediation costs that the trust or estate deducted
4 in computing adjusted gross income and for which the
5 trust or estate claims a credit under subsection (l)
6 of Section 201;
7 and by deducting from the total so obtained the sum of
8 the following amounts:
9 (H) An amount equal to all amounts included in
10 such total pursuant to the provisions of Sections
11 402(a), 402(c), 403(a), 403(b), 406(a), 407(a) and
12 408 of the Internal Revenue Code or included in such
13 total as distributions under the provisions of any
14 retirement or disability plan for employees of any
15 governmental agency or unit, or retirement payments
16 to retired partners, which payments are excluded in
17 computing net earnings from self employment by
18 Section 1402 of the Internal Revenue Code and
19 regulations adopted pursuant thereto;
20 (I) The valuation limitation amount;
21 (J) An amount equal to the amount of any tax
22 imposed by this Act which was refunded to the
23 taxpayer and included in such total for the taxable
24 year;
25 (K) An amount equal to all amounts included in
26 taxable income as modified by subparagraphs (A),
27 (B), (C), (D), (E), (F) and (G) which are exempt
28 from taxation by this State either by reason of its
29 statutes or Constitution or by reason of the
30 Constitution, treaties or statutes of the United
31 States; provided that, in the case of any statute of
32 this State that exempts income derived from bonds or
33 other obligations from the tax imposed under this
34 Act, the amount exempted shall be the interest net
-218- LRB9111045EGfg
1 of bond premium amortization;
2 (L) With the exception of any amounts
3 subtracted under subparagraph (K), an amount equal
4 to the sum of all amounts disallowed as deductions
5 by (i) Sections 171(a) (2) and 265(a)(2) of the
6 Internal Revenue Code, as now or hereafter amended,
7 and all amounts of expenses allocable to interest
8 and disallowed as deductions by Section 265(1) of
9 the Internal Revenue Code of 1954, as now or
10 hereafter amended; and (ii) for taxable years ending
11 on or after August 13, 1999 the effective date of
12 this amendatory Act of the 91st General Assembly,
13 Sections 171(a)(2), 265, 280C, and 832(b)(5)(B)(i)
14 of the Internal Revenue Code; the provisions of this
15 subparagraph are exempt from the provisions of
16 Section 250;
17 (M) An amount equal to those dividends
18 included in such total which were paid by a
19 corporation which conducts business operations in an
20 Enterprise Zone or zones created under the Illinois
21 Enterprise Zone Act and conducts substantially all
22 of its operations in an Enterprise Zone or Zones;
23 (N) An amount equal to any contribution made
24 to a job training project established pursuant to
25 the Tax Increment Allocation Redevelopment Act;
26 (O) An amount equal to those dividends
27 included in such total that were paid by a
28 corporation that conducts business operations in a
29 federally designated Foreign Trade Zone or Sub-Zone
30 and that is designated a High Impact Business
31 located in Illinois; provided that dividends
32 eligible for the deduction provided in subparagraph
33 (M) of paragraph (2) of this subsection shall not be
34 eligible for the deduction provided under this
-219- LRB9111045EGfg
1 subparagraph (O);
2 (P) An amount equal to the amount of the
3 deduction used to compute the federal income tax
4 credit for restoration of substantial amounts held
5 under claim of right for the taxable year pursuant
6 to Section 1341 of the Internal Revenue Code of
7 1986; and
8 (Q) For taxable year 1999 and thereafter, an
9 amount equal to the amount of any (i) distributions,
10 to the extent includible in gross income for federal
11 income tax purposes, made to the taxpayer because of
12 his or her status as a victim of persecution for
13 racial or religious reasons by Nazi Germany or any
14 other Axis regime or as an heir of the victim and
15 (ii) items of income, to the extent includible in
16 gross income for federal income tax purposes,
17 attributable to, derived from or in any way related
18 to assets stolen from, hidden from, or otherwise
19 lost to a victim of persecution for racial or
20 religious reasons by Nazi Germany or any other Axis
21 regime immediately prior to, during, and immediately
22 after World War II, including, but not limited to,
23 interest on the proceeds receivable as insurance
24 under policies issued to a victim of persecution for
25 racial or religious reasons by Nazi Germany or any
26 other Axis regime by European insurance companies
27 immediately prior to and during World War II;
28 provided, however, this subtraction from federal
29 adjusted gross income does not apply to assets
30 acquired with such assets or with the proceeds from
31 the sale of such assets; provided, further, this
32 paragraph shall only apply to a taxpayer who was the
33 first recipient of such assets after their recovery
34 and who is a victim of persecution for racial or
-220- LRB9111045EGfg
1 religious reasons by Nazi Germany or any other Axis
2 regime or as an heir of the victim. The amount of
3 and the eligibility for any public assistance,
4 benefit, or similar entitlement is not affected by
5 the inclusion of items (i) and (ii) of this
6 paragraph in gross income for federal income tax
7 purposes. This paragraph is exempt from the
8 provisions of Section 250.
9 (3) Limitation. The amount of any modification
10 otherwise required under this subsection shall, under
11 regulations prescribed by the Department, be adjusted by
12 any amounts included therein which were properly paid,
13 credited, or required to be distributed, or permanently
14 set aside for charitable purposes pursuant to Internal
15 Revenue Code Section 642(c) during the taxable year.
16 (d) Partnerships.
17 (1) In general. In the case of a partnership, base
18 income means an amount equal to the taxpayer's taxable
19 income for the taxable year as modified by paragraph (2).
20 (2) Modifications. The taxable income referred to
21 in paragraph (1) shall be modified by adding thereto the
22 sum of the following amounts:
23 (A) An amount equal to all amounts paid or
24 accrued to the taxpayer as interest or dividends
25 during the taxable year to the extent excluded from
26 gross income in the computation of taxable income;
27 (B) An amount equal to the amount of tax
28 imposed by this Act to the extent deducted from
29 gross income for the taxable year;
30 (C) The amount of deductions allowed to the
31 partnership pursuant to Section 707 (c) of the
32 Internal Revenue Code in calculating its taxable
33 income; and
34 (D) An amount equal to the amount of the
-221- LRB9111045EGfg
1 capital gain deduction allowable under the Internal
2 Revenue Code, to the extent deducted from gross
3 income in the computation of taxable income;
4 and by deducting from the total so obtained the following
5 amounts:
6 (E) The valuation limitation amount;
7 (F) An amount equal to the amount of any tax
8 imposed by this Act which was refunded to the
9 taxpayer and included in such total for the taxable
10 year;
11 (G) An amount equal to all amounts included in
12 taxable income as modified by subparagraphs (A),
13 (B), (C) and (D) which are exempt from taxation by
14 this State either by reason of its statutes or
15 Constitution or by reason of the Constitution,
16 treaties or statutes of the United States; provided
17 that, in the case of any statute of this State that
18 exempts income derived from bonds or other
19 obligations from the tax imposed under this Act, the
20 amount exempted shall be the interest net of bond
21 premium amortization;
22 (H) Any income of the partnership which
23 constitutes personal service income as defined in
24 Section 1348 (b) (1) of the Internal Revenue Code
25 (as in effect December 31, 1981) or a reasonable
26 allowance for compensation paid or accrued for
27 services rendered by partners to the partnership,
28 whichever is greater;
29 (I) An amount equal to all amounts of income
30 distributable to an entity subject to the Personal
31 Property Tax Replacement Income Tax imposed by
32 subsections (c) and (d) of Section 201 of this Act
33 including amounts distributable to organizations
34 exempt from federal income tax by reason of Section
-222- LRB9111045EGfg
1 501(a) of the Internal Revenue Code;
2 (J) With the exception of any amounts
3 subtracted under subparagraph (G), an amount equal
4 to the sum of all amounts disallowed as deductions
5 by (i) Sections 171(a) (2), and 265(2) of the
6 Internal Revenue Code of 1954, as now or hereafter
7 amended, and all amounts of expenses allocable to
8 interest and disallowed as deductions by Section
9 265(1) of the Internal Revenue Code, as now or
10 hereafter amended; and (ii) for taxable years ending
11 on or after August 13, 1999 the effective date of
12 this amendatory Act of the 91st General Assembly,
13 Sections 171(a)(2), 265, 280C, and 832(b)(5)(B)(i)
14 of the Internal Revenue Code; the provisions of this
15 subparagraph are exempt from the provisions of
16 Section 250;
17 (K) An amount equal to those dividends
18 included in such total which were paid by a
19 corporation which conducts business operations in an
20 Enterprise Zone or zones created under the Illinois
21 Enterprise Zone Act, enacted by the 82nd General
22 Assembly, and which does not conduct such operations
23 other than in an Enterprise Zone or Zones;
24 (L) An amount equal to any contribution made
25 to a job training project established pursuant to
26 the Real Property Tax Increment Allocation
27 Redevelopment Act;
28 (M) An amount equal to those dividends
29 included in such total that were paid by a
30 corporation that conducts business operations in a
31 federally designated Foreign Trade Zone or Sub-Zone
32 and that is designated a High Impact Business
33 located in Illinois; provided that dividends
34 eligible for the deduction provided in subparagraph
-223- LRB9111045EGfg
1 (K) of paragraph (2) of this subsection shall not be
2 eligible for the deduction provided under this
3 subparagraph (M); and
4 (N) An amount equal to the amount of the
5 deduction used to compute the federal income tax
6 credit for restoration of substantial amounts held
7 under claim of right for the taxable year pursuant
8 to Section 1341 of the Internal Revenue Code of
9 1986.
10 (e) Gross income; adjusted gross income; taxable income.
11 (1) In general. Subject to the provisions of
12 paragraph (2) and subsection (b) (3), for purposes of
13 this Section and Section 803(e), a taxpayer's gross
14 income, adjusted gross income, or taxable income for the
15 taxable year shall mean the amount of gross income,
16 adjusted gross income or taxable income properly
17 reportable for federal income tax purposes for the
18 taxable year under the provisions of the Internal Revenue
19 Code. Taxable income may be less than zero. However, for
20 taxable years ending on or after December 31, 1986, net
21 operating loss carryforwards from taxable years ending
22 prior to December 31, 1986, may not exceed the sum of
23 federal taxable income for the taxable year before net
24 operating loss deduction, plus the excess of addition
25 modifications over subtraction modifications for the
26 taxable year. For taxable years ending prior to December
27 31, 1986, taxable income may never be an amount in excess
28 of the net operating loss for the taxable year as defined
29 in subsections (c) and (d) of Section 172 of the Internal
30 Revenue Code, provided that when taxable income of a
31 corporation (other than a Subchapter S corporation),
32 trust, or estate is less than zero and addition
33 modifications, other than those provided by subparagraph
34 (E) of paragraph (2) of subsection (b) for corporations
-224- LRB9111045EGfg
1 or subparagraph (E) of paragraph (2) of subsection (c)
2 for trusts and estates, exceed subtraction modifications,
3 an addition modification must be made under those
4 subparagraphs for any other taxable year to which the
5 taxable income less than zero (net operating loss) is
6 applied under Section 172 of the Internal Revenue Code or
7 under subparagraph (E) of paragraph (2) of this
8 subsection (e) applied in conjunction with Section 172 of
9 the Internal Revenue Code.
10 (2) Special rule. For purposes of paragraph (1) of
11 this subsection, the taxable income properly reportable
12 for federal income tax purposes shall mean:
13 (A) Certain life insurance companies. In the
14 case of a life insurance company subject to the tax
15 imposed by Section 801 of the Internal Revenue Code,
16 life insurance company taxable income, plus the
17 amount of distribution from pre-1984 policyholder
18 surplus accounts as calculated under Section 815a of
19 the Internal Revenue Code;
20 (B) Certain other insurance companies. In the
21 case of mutual insurance companies subject to the
22 tax imposed by Section 831 of the Internal Revenue
23 Code, insurance company taxable income;
24 (C) Regulated investment companies. In the
25 case of a regulated investment company subject to
26 the tax imposed by Section 852 of the Internal
27 Revenue Code, investment company taxable income;
28 (D) Real estate investment trusts. In the
29 case of a real estate investment trust subject to
30 the tax imposed by Section 857 of the Internal
31 Revenue Code, real estate investment trust taxable
32 income;
33 (E) Consolidated corporations. In the case of
34 a corporation which is a member of an affiliated
-225- LRB9111045EGfg
1 group of corporations filing a consolidated income
2 tax return for the taxable year for federal income
3 tax purposes, taxable income determined as if such
4 corporation had filed a separate return for federal
5 income tax purposes for the taxable year and each
6 preceding taxable year for which it was a member of
7 an affiliated group. For purposes of this
8 subparagraph, the taxpayer's separate taxable income
9 shall be determined as if the election provided by
10 Section 243(b) (2) of the Internal Revenue Code had
11 been in effect for all such years;
12 (F) Cooperatives. In the case of a
13 cooperative corporation or association, the taxable
14 income of such organization determined in accordance
15 with the provisions of Section 1381 through 1388 of
16 the Internal Revenue Code;
17 (G) Subchapter S corporations. In the case
18 of: (i) a Subchapter S corporation for which there
19 is in effect an election for the taxable year under
20 Section 1362 of the Internal Revenue Code, the
21 taxable income of such corporation determined in
22 accordance with Section 1363(b) of the Internal
23 Revenue Code, except that taxable income shall take
24 into account those items which are required by
25 Section 1363(b)(1) of the Internal Revenue Code to
26 be separately stated; and (ii) a Subchapter S
27 corporation for which there is in effect a federal
28 election to opt out of the provisions of the
29 Subchapter S Revision Act of 1982 and have applied
30 instead the prior federal Subchapter S rules as in
31 effect on July 1, 1982, the taxable income of such
32 corporation determined in accordance with the
33 federal Subchapter S rules as in effect on July 1,
34 1982; and
-226- LRB9111045EGfg
1 (H) Partnerships. In the case of a
2 partnership, taxable income determined in accordance
3 with Section 703 of the Internal Revenue Code,
4 except that taxable income shall take into account
5 those items which are required by Section 703(a)(1)
6 to be separately stated but which would be taken
7 into account by an individual in calculating his
8 taxable income.
9 (f) Valuation limitation amount.
10 (1) In general. The valuation limitation amount
11 referred to in subsections (a) (2) (G), (c) (2) (I) and
12 (d)(2) (E) is an amount equal to:
13 (A) The sum of the pre-August 1, 1969
14 appreciation amounts (to the extent consisting of
15 gain reportable under the provisions of Section 1245
16 or 1250 of the Internal Revenue Code) for all
17 property in respect of which such gain was reported
18 for the taxable year; plus
19 (B) The lesser of (i) the sum of the
20 pre-August 1, 1969 appreciation amounts (to the
21 extent consisting of capital gain) for all property
22 in respect of which such gain was reported for
23 federal income tax purposes for the taxable year, or
24 (ii) the net capital gain for the taxable year,
25 reduced in either case by any amount of such gain
26 included in the amount determined under subsection
27 (a) (2) (F) or (c) (2) (H).
28 (2) Pre-August 1, 1969 appreciation amount.
29 (A) If the fair market value of property
30 referred to in paragraph (1) was readily
31 ascertainable on August 1, 1969, the pre-August 1,
32 1969 appreciation amount for such property is the
33 lesser of (i) the excess of such fair market value
34 over the taxpayer's basis (for determining gain) for
-227- LRB9111045EGfg
1 such property on that date (determined under the
2 Internal Revenue Code as in effect on that date), or
3 (ii) the total gain realized and reportable for
4 federal income tax purposes in respect of the sale,
5 exchange or other disposition of such property.
6 (B) If the fair market value of property
7 referred to in paragraph (1) was not readily
8 ascertainable on August 1, 1969, the pre-August 1,
9 1969 appreciation amount for such property is that
10 amount which bears the same ratio to the total gain
11 reported in respect of the property for federal
12 income tax purposes for the taxable year, as the
13 number of full calendar months in that part of the
14 taxpayer's holding period for the property ending
15 July 31, 1969 bears to the number of full calendar
16 months in the taxpayer's entire holding period for
17 the property.
18 (C) The Department shall prescribe such
19 regulations as may be necessary to carry out the
20 purposes of this paragraph.
21 (g) Double deductions. Unless specifically provided
22 otherwise, nothing in this Section shall permit the same item
23 to be deducted more than once.
24 (h) Legislative intention. Except as expressly provided
25 by this Section there shall be no modifications or
26 limitations on the amounts of income, gain, loss or deduction
27 taken into account in determining gross income, adjusted
28 gross income or taxable income for federal income tax
29 purposes for the taxable year, or in the amount of such items
30 entering into the computation of base income and net income
31 under this Act for such taxable year, whether in respect of
32 property values as of August 1, 1969 or otherwise.
33 (Source: P.A. 90-491, eff. 1-1-98; 90-717, eff. 8-7-98;
-228- LRB9111045EGfg
1 90-770, eff. 8-14-98; 91-192, eff. 7-20-99; 91-205, eff.
2 7-20-99; 91-357, eff. 7-29-99; 91-541, eff. 8-13-99; 91-676,
3 eff. 12-23-99; revised 1-5-00.)
4 (35 ILCS 5/509) (from Ch. 120, par. 5-509)
5 Sec. 509. Tax checkoff explanations. All individual
6 income tax return forms shall contain appropriate
7 explanations and spaces to enable the taxpayers to designate
8 contributions to the Child Abuse Prevention Fund, to the
9 Community Health Center Care Fund, to the Illinois Wildlife
10 Preservation Fund as required by the Illinois Non-Game
11 Wildlife Protection Act, to the Alzheimer's Disease Research
12 Fund as required by the Alzheimer's Disease Research Act, to
13 the Assistance to the Homeless Fund as required by this Act,
14 to the Heritage Preservation Fund as required by the Heritage
15 Preservation Act, to the Child Care Expansion Program Fund as
16 required by the Child Care Expansion Program Act, to the Ryan
17 White AIDS Victims Assistance Fund, to the Assistive
18 Technology for Persons with Disabilities Fund, to the
19 Domestic Violence Shelter and Service Fund, to the United
20 States Olympians Assistance Fund, to the Youth Drug Abuse
21 Prevention Fund, to the Persian Gulf Conflict Veterans Fund,
22 to the Literacy Advancement Fund, to the Ryan White Pediatric
23 and Adult AIDS Fund, to the Illinois Special Olympics
24 Checkoff Fund, to the Penny Severns Breast and Cervical
25 Cancer Research Fund, to the Korean War Memorial Fund, to the
26 Heart Disease Treatment and Prevention Fund, to the
27 Hemophilia Treatment Fund, to the Mental Health Research
28 Fund, to the Children's Cancer Fund, to the American Diabetes
29 Association Fund, to the Women in Military Service Memorial
30 Fund, to the Prostate Cancer Research Fund, and to the Meals
31 on Wheels Fund. Each form shall contain a statement that the
32 contributions will reduce the taxpayer's refund or increase
33 the amount of payment to accompany the return. Failure to
-229- LRB9111045EGfg
1 remit any amount of increased payment shall reduce the
2 contribution accordingly.
3 If, on October 1 of any year, the total contributions to
4 any one of the funds made under this Section do not equal
5 $100,000 or more, the explanations and spaces for designating
6 contributions to the fund shall be removed from the
7 individual income tax return forms for the following and all
8 subsequent years and all subsequent contributions to the fund
9 shall be refunded to the taxpayer.
10 (Source: P.A. 90-171, eff. 7-23-97; 91-104, eff. 7-13-99;
11 91-107, eff. 7-13-99; 91-357, eff. 7-29-99; revised 8-23-99.)
12 (35 ILCS 5/510) (from Ch. 120, par. 5-510)
13 Sec. 510. Determination of amounts contributed. The
14 Department shall determine the total amount contributed to
15 each of the following: the Child Abuse Prevention Fund, the
16 Illinois Wildlife Preservation Fund, the Community Health
17 Center Care Fund, the Assistance to the Homeless Fund, the
18 Alzheimer's Disease Research Fund, the Heritage Preservation
19 Fund, the Child Care Expansion Program Fund, the Ryan White
20 AIDS Victims Assistance Fund, the Assistive Technology for
21 Persons with Disabilities Fund, the Domestic Violence Shelter
22 and Service Fund, the United States Olympians Assistance
23 Fund, the Youth Drug Abuse Prevention Fund, the Persian Gulf
24 Conflict Veterans Fund, the Literacy Advancement Fund, the
25 Ryan White Pediatric and Adult AIDS Fund, the Illinois
26 Special Olympics Checkoff Fund, the Penny Severns Breast and
27 Cervical Cancer Research Fund, the Korean War Memorial Fund,
28 the Heart Disease Treatment and Prevention Fund, the
29 Hemophilia Treatment Fund, the Mental Health Research Fund,
30 the Children's Cancer Fund, the American Diabetes
31 Association Fund, the Women in Military Service Memorial
32 Fund, the Prostate Cancer Research Fund, and the Meals on
33 Wheels Fund; and shall notify the State Comptroller and the
-230- LRB9111045EGfg
1 State Treasurer of the amounts to be transferred from the
2 General Revenue Fund to each fund, and upon receipt of such
3 notification the State Treasurer and Comptroller shall
4 transfer the amounts.
5 (Source: P.A. 90-171, eff. 7-23-97; 91-104, eff. 7-13-99;
6 91-107, eff. 7-13-99; revised 9-24-99.)
7 (35 ILCS 5/901) (from Ch. 120, par. 9-901)
8 Sec. 901. Collection Authority.
9 (a) In general.
10 The Department shall collect the taxes imposed by this
11 Act. The Department shall collect certified past due child
12 support amounts under Section 2505-650 of the Department of
13 Revenue Law (20 ILCS 2505/2505-650). Except as provided in
14 subsections (c) and (e) of this Section, money collected
15 pursuant to subsections (a) and (b) of Section 201 of this
16 Act shall be paid into the General Revenue Fund in the State
17 treasury; money collected pursuant to subsections (c) and (d)
18 of Section 201 of this Act shall be paid into the Personal
19 Property Tax Replacement Fund, a special fund in the State
20 Treasury; and money collected under Section 2505-650 of the
21 Department of Revenue Law (20 ILCS 2505/2505-650) shall be
22 paid to the State Disbursement Unit established under Section
23 10-26 of the Illinois Public Aid Code.
24 (b) Local Governmental Distributive Fund.
25 Beginning August 1, 1969, and continuing through June 30,
26 1994, the Treasurer shall transfer each month from the
27 General Revenue Fund to a special fund in the State treasury,
28 to be known as the "Local Government Distributive Fund", an
29 amount equal to 1/12 of the net revenue realized from the tax
30 imposed by subsections (a) and (b) of Section 201 of this Act
31 during the preceding month. Beginning July 1, 1994, and
32 continuing through June 30, 1995, the Treasurer shall
33 transfer each month from the General Revenue Fund to the
-231- LRB9111045EGfg
1 Local Government Distributive Fund an amount equal to 1/11 of
2 the net revenue realized from the tax imposed by subsections
3 (a) and (b) of Section 201 of this Act during the preceding
4 month. Beginning July 1, 1995, the Treasurer shall transfer
5 each month from the General Revenue Fund to the Local
6 Government Distributive Fund an amount equal to 1/10 of the
7 net revenue realized from the tax imposed by subsections (a)
8 and (b) of Section 201 of the Illinois Income Tax Act during
9 the preceding month. Net revenue realized for a month shall
10 be defined as the revenue from the tax imposed by subsections
11 (a) and (b) of Section 201 of this Act which is deposited in
12 the General Revenue Fund, the Educational Assistance Fund and
13 the Income Tax Surcharge Local Government Distributive Fund
14 during the month minus the amount paid out of the General
15 Revenue Fund in State warrants during that same month as
16 refunds to taxpayers for overpayment of liability under the
17 tax imposed by subsections (a) and (b) of Section 201 of this
18 Act.
19 (c) Deposits Into Income Tax Refund Fund.
20 (1) Beginning on January 1, 1989 and thereafter,
21 the Department shall deposit a percentage of the amounts
22 collected pursuant to subsections (a) and (b)(1), (2),
23 and (3), of Section 201 of this Act into a fund in the
24 State treasury known as the Income Tax Refund Fund. The
25 Department shall deposit 6% of such amounts during the
26 period beginning January 1, 1989 and ending on June 30,
27 1989. Beginning with State fiscal year 1990 and for each
28 fiscal year thereafter, the percentage deposited into the
29 Income Tax Refund Fund during a fiscal year shall be the
30 Annual Percentage. For fiscal years 1999 through 2001,
31 the Annual Percentage shall be 7.1%. For all other
32 fiscal years, the Annual Percentage shall be calculated
33 as a fraction, the numerator of which shall be the amount
34 of refunds approved for payment by the Department during
-232- LRB9111045EGfg
1 the preceding fiscal year as a result of overpayment of
2 tax liability under subsections (a) and (b)(1), (2), and
3 (3) of Section 201 of this Act plus the amount of such
4 refunds remaining approved but unpaid at the end of the
5 preceding fiscal year, the denominator of which shall be
6 the amounts which will be collected pursuant to
7 subsections (a) and (b)(1), (2), and (3) of Section 201
8 of this Act during the preceding fiscal year. The
9 Director of Revenue shall certify the Annual Percentage
10 to the Comptroller on the last business day of the fiscal
11 year immediately preceding the fiscal year for which it
12 is to be effective.
13 (2) 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)(6), (7),
16 and (8), (c) and (d) of Section 201 of this Act into a
17 fund in the State treasury known as the Income Tax Refund
18 Fund. The Department shall deposit 18% of such amounts
19 during the period beginning January 1, 1989 and ending on
20 June 30, 1989. Beginning with State fiscal year 1990 and
21 for each fiscal year thereafter, the percentage deposited
22 into the Income Tax Refund Fund during a fiscal year
23 shall be the Annual Percentage. For fiscal years 1999,
24 2000, and 2001, the Annual Percentage shall be 19%. For
25 all other fiscal years, the Annual Percentage shall be
26 calculated as a fraction, the numerator of which shall be
27 the amount of refunds approved for payment by the
28 Department during the preceding fiscal year as a result
29 of overpayment of tax liability under subsections (a) and
30 (b)(6), (7), and (8), (c) and (d) of Section 201 of this
31 Act plus the amount of such refunds remaining approved
32 but unpaid at the end of the preceding fiscal year, the
33 denominator of which shall be the amounts which will be
34 collected pursuant to subsections (a) and (b)(6), (7),
-233- LRB9111045EGfg
1 and (8), (c) and (d) of Section 201 of this Act during
2 the preceding fiscal year. The Director of Revenue shall
3 certify the Annual Percentage to the Comptroller on the
4 last business day of the fiscal year immediately
5 preceding the fiscal year for which it is to be
6 effective.
7 (d) Expenditures from Income Tax Refund Fund.
8 (1) Beginning January 1, 1989, money in the Income
9 Tax Refund Fund shall be expended exclusively for the
10 purpose of paying refunds resulting from overpayment of
11 tax liability under Section 201 of this Act and for
12 making transfers pursuant to this subsection (d).
13 (2) The Director shall order payment of refunds
14 resulting from overpayment of tax liability under Section
15 201 of this Act from the Income Tax Refund Fund only to
16 the extent that amounts collected pursuant to Section 201
17 of this Act and transfers pursuant to this subsection (d)
18 have been deposited and retained in the Fund.
19 (3) As soon as possible after the end of each
20 fiscal year, the Director shall order transferred and the
21 State Treasurer and State Comptroller shall transfer from
22 the Income Tax Refund Fund to the Personal Property Tax
23 Replacement Fund an amount, certified by the Director to
24 the Comptroller, equal to the excess of the amount
25 collected pursuant to subsections (c) and (d) of Section
26 201 of this Act deposited into the Income Tax Refund Fund
27 during the fiscal year over the amount of refunds
28 resulting from overpayment of tax liability under
29 subsections (c) and (d) of Section 201 of this Act paid
30 from the Income Tax Refund Fund during the fiscal year.
31 (4) As soon as possible after the end of each
32 fiscal year, the Director shall order transferred and the
33 State Treasurer and State Comptroller shall transfer from
34 the Personal Property Tax Replacement Fund to the Income
-234- LRB9111045EGfg
1 Tax Refund Fund an amount, certified by the Director to
2 the Comptroller, equal to the excess of the amount of
3 refunds resulting from overpayment of tax liability under
4 subsections (c) and (d) of Section 201 of this Act paid
5 from the Income Tax Refund Fund during the fiscal year
6 over the amount collected pursuant to subsections (c) and
7 (d) of Section 201 of this Act deposited into the Income
8 Tax Refund Fund during the fiscal year.
9 (4.5) As soon as possible after the end of fiscal
10 year 1999 and of each fiscal year thereafter, the
11 Director shall order transferred and the State Treasurer
12 and State Comptroller shall transfer from the Income Tax
13 Refund Fund to the General Revenue Fund any surplus
14 remaining in the Income Tax Refund Fund as of the end of
15 such fiscal year.
16 (5) This Act shall constitute an irrevocable and
17 continuing appropriation from the Income Tax Refund Fund
18 for the purpose of paying refunds upon the order of the
19 Director in accordance with the provisions of this
20 Section.
21 (e) Deposits into the Education Assistance Fund and the
22 Income Tax Surcharge Local Government Distributive Fund.
23 On July 1, 1991, and thereafter, of the amounts collected
24 pursuant to subsections (a) and (b) of Section 201 of this
25 Act, minus deposits into the Income Tax Refund Fund, the
26 Department shall deposit 7.3% into the Education Assistance
27 Fund in the State Treasury. Beginning July 1, 1991, and
28 continuing through January 31, 1993, of the amounts collected
29 pursuant to subsections (a) and (b) of Section 201 of the
30 Illinois Income Tax Act, minus deposits into the Income Tax
31 Refund Fund, the Department shall deposit 3.0% into the
32 Income Tax Surcharge Local Government Distributive Fund in
33 the State Treasury. Beginning February 1, 1993 and
34 continuing through June 30, 1993, of the amounts collected
-235- LRB9111045EGfg
1 pursuant to subsections (a) and (b) of Section 201 of the
2 Illinois Income Tax Act, minus deposits into the Income Tax
3 Refund Fund, the Department shall deposit 4.4% into the
4 Income Tax Surcharge Local Government Distributive Fund in
5 the State Treasury. Beginning July 1, 1993, and continuing
6 through June 30, 1994, of the amounts collected under
7 subsections (a) and (b) of Section 201 of this Act, minus
8 deposits into the Income Tax Refund Fund, the Department
9 shall deposit 1.475% into the Income Tax Surcharge Local
10 Government Distributive Fund in the State Treasury.
11 (Source: P.A. 90-613, eff. 7-9-98; 90-655, eff. 7-30-98;
12 91-212, eff. 7-20-99; 91-239, eff. 1-1-00; revised 9-28-99.)
13 Section 33. The Use Tax Act is amended by changing
14 Sections 3-5, 3-55, and 9 as follows:
15 (35 ILCS 105/3-5) (from Ch. 120, par. 439.3-5)
16 Sec. 3-5. Exemptions. Use of the following tangible
17 personal property is exempt from the tax imposed by this Act:
18 (1) Personal property purchased from a corporation,
19 society, association, foundation, institution, or
20 organization, other than a limited liability company, that is
21 organized and operated as a not-for-profit service enterprise
22 for the benefit of persons 65 years of age or older if the
23 personal property was not purchased by the enterprise for the
24 purpose of resale by the enterprise.
25 (2) Personal property purchased by a not-for-profit
26 Illinois county fair association for use in conducting,
27 operating, or promoting the county fair.
28 (3) Personal property purchased by a not-for-profit arts
29 or cultural organization that establishes, by proof required
30 by the Department by rule, that it has received an exemption
31 under Section 501(c)(3) of the Internal Revenue Code and that
32 is organized and operated for the presentation or support of
-236- LRB9111045EGfg
1 arts or cultural programming, activities, or services. These
2 organizations include, but are not limited to, music and
3 dramatic arts organizations such as symphony orchestras and
4 theatrical groups, arts and cultural service organizations,
5 local arts councils, visual arts organizations, and media
6 arts organizations.
7 (4) Personal property purchased by a governmental body,
8 by a corporation, society, association, foundation, or
9 institution organized and operated exclusively for
10 charitable, religious, or educational purposes, or by a
11 not-for-profit corporation, society, association, foundation,
12 institution, or organization that has no compensated officers
13 or employees and that is organized and operated primarily for
14 the recreation of persons 55 years of age or older. A limited
15 liability company may qualify for the exemption under this
16 paragraph only if the limited liability company is organized
17 and operated exclusively for educational purposes. On and
18 after July 1, 1987, however, no entity otherwise eligible for
19 this exemption shall make tax-free purchases unless it has an
20 active exemption identification number issued by the
21 Department.
22 (5) A passenger car that is a replacement vehicle to the
23 extent that the purchase price of the car is subject to the
24 Replacement Vehicle Tax.
25 (6) Graphic arts machinery and equipment, including
26 repair and replacement parts, both new and used, and
27 including that manufactured on special order, certified by
28 the purchaser to be used primarily for graphic arts
29 production, and including machinery and equipment purchased
30 for lease.
31 (7) Farm chemicals.
32 (8) Legal tender, currency, medallions, or gold or
33 silver coinage issued by the State of Illinois, the
34 government of the United States of America, or the government
-237- LRB9111045EGfg
1 of any foreign country, and bullion.
2 (9) Personal property purchased from a teacher-sponsored
3 student organization affiliated with an elementary or
4 secondary school located in Illinois.
5 (10) A motor vehicle of the first division, a motor
6 vehicle of the second division that is a self-contained motor
7 vehicle designed or permanently converted to provide living
8 quarters for recreational, camping, or travel use, with
9 direct walk through to the living quarters from the driver's
10 seat, or a motor vehicle of the second division that is of
11 the van configuration designed for the transportation of not
12 less than 7 nor more than 16 passengers, as defined in
13 Section 1-146 of the Illinois Vehicle Code, that is used for
14 automobile renting, as defined in the Automobile Renting
15 Occupation and Use Tax Act.
16 (11) Farm machinery and equipment, both new and used,
17 including that manufactured on special order, certified by
18 the purchaser to be used primarily for production agriculture
19 or State or federal agricultural programs, including
20 individual replacement parts for the machinery and equipment,
21 including machinery and equipment purchased for lease, and
22 including implements of husbandry defined in Section 1-130 of
23 the Illinois Vehicle Code, farm machinery and agricultural
24 chemical and fertilizer spreaders, and nurse wagons required
25 to be registered under Section 3-809 of the Illinois Vehicle
26 Code, but excluding other motor vehicles required to be
27 registered under the Illinois Vehicle Code. Horticultural
28 polyhouses or hoop houses used for propagating, growing, or
29 overwintering plants shall be considered farm machinery and
30 equipment under this item (11). Agricultural chemical tender
31 tanks and dry boxes shall include units sold separately from
32 a motor vehicle required to be licensed and units sold
33 mounted on a motor vehicle required to be licensed if the
34 selling price of the tender is separately stated.
-238- LRB9111045EGfg
1 Farm machinery and equipment shall include precision
2 farming equipment that is installed or purchased to be
3 installed on farm machinery and equipment including, but not
4 limited to, tractors, harvesters, sprayers, planters,
5 seeders, or spreaders. Precision farming equipment includes,
6 but is not limited to, soil testing sensors, computers,
7 monitors, software, global positioning and mapping systems,
8 and other such equipment.
9 Farm machinery and equipment also includes computers,
10 sensors, software, and related equipment used primarily in
11 the computer-assisted operation of production agriculture
12 facilities, equipment, and activities such as, but not
13 limited to, the collection, monitoring, and correlation of
14 animal and crop data for the purpose of formulating animal
15 diets and agricultural chemicals. This item (11) is exempt
16 from the provisions of Section 3-90.
17 (12) Fuel and petroleum products sold to or used by an
18 air common carrier, certified by the carrier to be used for
19 consumption, shipment, or storage in the conduct of its
20 business as an air common carrier, for a flight destined for
21 or returning from a location or locations outside the United
22 States without regard to previous or subsequent domestic
23 stopovers.
24 (13) Proceeds of mandatory service charges separately
25 stated on customers' bills for the purchase and consumption
26 of food and beverages purchased at retail from a retailer, to
27 the extent that the proceeds of the service charge are in
28 fact turned over as tips or as a substitute for tips to the
29 employees who participate directly in preparing, serving,
30 hosting or cleaning up the food or beverage function with
31 respect to which the service charge is imposed.
32 (14) Oil field exploration, drilling, and production
33 equipment, including (i) rigs and parts of rigs, rotary rigs,
34 cable tool rigs, and workover rigs, (ii) pipe and tubular
-239- LRB9111045EGfg
1 goods, including casing and drill strings, (iii) pumps and
2 pump-jack units, (iv) storage tanks and flow lines, (v) any
3 individual replacement part for oil field exploration,
4 drilling, and production equipment, and (vi) machinery and
5 equipment purchased for lease; but excluding motor vehicles
6 required to be registered under the Illinois Vehicle Code.
7 (15) Photoprocessing machinery and equipment, including
8 repair and replacement parts, both new and used, including
9 that manufactured on special order, certified by the
10 purchaser to be used primarily for photoprocessing, and
11 including photoprocessing machinery and equipment purchased
12 for lease.
13 (16) Coal exploration, mining, offhighway hauling,
14 processing, maintenance, and reclamation equipment, including
15 replacement parts and equipment, and including equipment
16 purchased for lease, but excluding motor vehicles required to
17 be registered under the Illinois Vehicle Code.
18 (17) Distillation machinery and equipment, sold as a
19 unit or kit, assembled or installed by the retailer,
20 certified by the user to be used only for the production of
21 ethyl alcohol that will be used for consumption as motor fuel
22 or as a component of motor fuel for the personal use of the
23 user, and not subject to sale or resale.
24 (18) Manufacturing and assembling machinery and
25 equipment used primarily in the process of manufacturing or
26 assembling tangible personal property for wholesale or retail
27 sale or lease, whether that sale or lease is made directly by
28 the manufacturer or by some other person, whether the
29 materials used in the process are owned by the manufacturer
30 or some other person, or whether that sale or lease is made
31 apart from or as an incident to the seller's engaging in the
32 service occupation of producing machines, tools, dies, jigs,
33 patterns, gauges, or other similar items of no commercial
34 value on special order for a particular purchaser.
-240- LRB9111045EGfg
1 (19) Personal property delivered to a purchaser or
2 purchaser's donee inside Illinois when the purchase order for
3 that personal property was received by a florist located
4 outside Illinois who has a florist located inside Illinois
5 deliver the personal property.
6 (20) Semen used for artificial insemination of livestock
7 for direct agricultural production.
8 (21) Horses, or interests in horses, registered with and
9 meeting the requirements of any of the Arabian Horse Club
10 Registry of America, Appaloosa Horse Club, American Quarter
11 Horse Association, United States Trotting Association, or
12 Jockey Club, as appropriate, used for purposes of breeding or
13 racing for prizes.
14 (22) Computers and communications equipment utilized for
15 any hospital purpose and equipment used in the diagnosis,
16 analysis, or treatment of hospital patients purchased by a
17 lessor who leases the equipment, under a lease of one year or
18 longer executed or in effect at the time the lessor would
19 otherwise be subject to the tax imposed by this Act, to a
20 hospital that has been issued an active tax exemption
21 identification number by the Department under Section 1g of
22 the Retailers' Occupation Tax Act. If the equipment is
23 leased in a manner that does not qualify for this exemption
24 or is used in any other non-exempt manner, the lessor shall
25 be liable for the tax imposed under this Act or the Service
26 Use Tax Act, as the case may be, based on the fair market
27 value of the property at the time the non-qualifying use
28 occurs. No lessor shall collect or attempt to collect an
29 amount (however designated) that purports to reimburse that
30 lessor for the tax imposed by this Act or the Service Use Tax
31 Act, as the case may be, if the tax has not been paid by the
32 lessor. If a lessor improperly collects any such amount from
33 the lessee, the lessee shall have a legal right to claim a
34 refund of that amount from the lessor. If, however, that
-241- LRB9111045EGfg
1 amount is not refunded to the lessee for any reason, the
2 lessor is liable to pay that amount to the Department.
3 (23) Personal property purchased by a lessor who leases
4 the property, under a lease of one year or longer executed
5 or in effect at the time the lessor would otherwise be
6 subject to the tax imposed by this Act, to a governmental
7 body that has been issued an active sales tax exemption
8 identification number by the Department under Section 1g of
9 the Retailers' Occupation Tax Act. If the property is leased
10 in a manner that does not qualify for this exemption or used
11 in any other non-exempt manner, the lessor shall be liable
12 for the tax imposed under this Act or the Service Use Tax
13 Act, as the case may be, based on the fair market value of
14 the property at the time the non-qualifying use occurs. No
15 lessor shall collect or attempt to collect an amount (however
16 designated) that purports to reimburse that lessor for the
17 tax imposed by this Act or the Service Use Tax Act, as the
18 case may be, if the tax has not been paid by the lessor. If
19 a lessor improperly collects any such amount from the lessee,
20 the lessee shall have a legal right to claim a refund of that
21 amount from the lessor. If, however, that amount is not
22 refunded to the lessee for any reason, the lessor is liable
23 to pay that amount to the Department.
24 (24) Beginning with taxable years ending on or after
25 December 31, 1995 and ending with taxable years ending on or
26 before December 31, 2004, personal property that is donated
27 for disaster relief to be used in a State or federally
28 declared disaster area in Illinois or bordering Illinois by a
29 manufacturer or retailer that is registered in this State to
30 a corporation, society, association, foundation, or
31 institution that has been issued a sales tax exemption
32 identification number by the Department that assists victims
33 of the disaster who reside within the declared disaster area.
34 (25) Beginning with taxable years ending on or after
-242- LRB9111045EGfg
1 December 31, 1995 and ending with taxable years ending on or
2 before December 31, 2004, personal property that is used in
3 the performance of infrastructure repairs in this State,
4 including but not limited to municipal roads and streets,
5 access roads, bridges, sidewalks, waste disposal systems,
6 water and sewer line extensions, water distribution and
7 purification facilities, storm water drainage and retention
8 facilities, and sewage treatment facilities, resulting from a
9 State or federally declared disaster in Illinois or bordering
10 Illinois when such repairs are initiated on facilities
11 located in the declared disaster area within 6 months after
12 the disaster.
13 (26) Beginning July 1, 1999, game or game birds
14 purchased at a "game breeding and hunting preserve area" or
15 an "exotic game hunting area" as those terms are used in the
16 Wildlife Code or at a hunting enclosure approved through
17 rules adopted by the Department of Natural Resources. This
18 paragraph is exempt from the provisions of Section 3-90.
19 (27) (26) A motor vehicle, as that term is defined in
20 Section 1-146 of the Illinois Vehicle Code, that is donated
21 to a corporation, limited liability company, society,
22 association, foundation, or institution that is determined by
23 the Department to be organized and operated exclusively for
24 educational purposes. For purposes of this exemption, "a
25 corporation, limited liability company, society, association,
26 foundation, or institution organized and operated exclusively
27 for educational purposes" means all tax-supported public
28 schools, private schools that offer systematic instruction in
29 useful branches of learning by methods common to public
30 schools and that compare favorably in their scope and
31 intensity with the course of study presented in tax-supported
32 schools, and vocational or technical schools or institutes
33 organized and operated exclusively to provide a course of
34 study of not less than 6 weeks duration and designed to
-243- LRB9111045EGfg
1 prepare individuals to follow a trade or to pursue a manual,
2 technical, mechanical, industrial, business, or commercial
3 occupation.
4 (28) (27) Beginning January 1, 2000, personal property,
5 including food, purchased through fundraising events for the
6 benefit of a public or private elementary or secondary
7 school, a group of those schools, or one or more school
8 districts if the events are sponsored by an entity recognized
9 by the school district that consists primarily of volunteers
10 and includes parents and teachers of the school children.
11 This paragraph does not apply to fundraising events (i) for
12 the benefit of private home instruction or (ii) for which the
13 fundraising entity purchases the personal property sold at
14 the events from another individual or entity that sold the
15 property for the purpose of resale by the fundraising entity
16 and that profits from the sale to the fundraising entity.
17 This paragraph is exempt from the provisions of Section 3-90.
18 (29) (26) Beginning January 1, 2000, new or used
19 automatic vending machines that prepare and serve hot food
20 and beverages, including coffee, soup, and other items, and
21 replacement parts for these machines. This paragraph is
22 exempt from the provisions of Section 3-90.
23 (Source: P.A. 90-14, eff. 7-1-97; 90-552, eff. 12-12-97;
24 90-605, eff. 6-30-98; 91-51, eff. 6-30-99; 91-200, eff.
25 7-20-99; 91-439, eff. 8-6-99; 91-637, eff. 8-20-99; 91-644,
26 eff. 8-20-99; revised 9-29-99.)
27 (35 ILCS 105/3-55) (from Ch. 120, par. 439.3-55)
28 Sec. 3-55. Multistate exemption. The tax imposed by
29 this Act does not apply to the use of tangible personal
30 property in this State under the following circumstances:
31 (a) The use, in this State, of tangible personal
32 property acquired outside this State by a nonresident
33 individual and brought into this State by the individual for
-244- LRB9111045EGfg
1 his or her own use while temporarily within this State or
2 while passing through this State.
3 (b) The use, in this State, of tangible personal
4 property by an interstate carrier for hire as rolling stock
5 moving in interstate commerce or by lessors under a lease of
6 one year or longer executed or in effect at the time of
7 purchase of tangible personal property by interstate carriers
8 for-hire for use as rolling stock moving in interstate
9 commerce as long as so used by the interstate carriers
10 for-hire, and equipment operated by a telecommunications
11 provider, licensed as a common carrier by the Federal
12 Communications Commission, which is permanently installed in
13 or affixed to aircraft moving in interstate commerce.
14 (c) The use, in this State, by owners, lessors, or
15 shippers of tangible personal property that is utilized by
16 interstate carriers for hire for use as rolling stock moving
17 in interstate commerce as long as so used by the interstate
18 carriers for hire, and equipment operated by a
19 telecommunications provider, licensed as a common carrier by
20 the Federal Communications Commission, which is permanently
21 installed in or affixed to aircraft moving in interstate
22 commerce.
23 (d) The use, in this State, of tangible personal
24 property that is acquired outside this State and caused to be
25 brought into this State by a person who has already paid a
26 tax in another State in respect to the sale, purchase, or use
27 of that property, to the extent of the amount of the tax
28 properly due and paid in the other State.
29 (e) The temporary storage, in this State, of tangible
30 personal property that is acquired outside this State and
31 that, after being brought into this State and stored here
32 temporarily, is used solely outside this State or is
33 physically attached to or incorporated into other tangible
34 personal property that is used solely outside this State, or
-245- LRB9111045EGfg
1 is altered by converting, fabricating, manufacturing,
2 printing, processing, or shaping, and, as altered, is used
3 solely outside this State.
4 (f) The temporary storage in this State of building
5 materials and fixtures that are acquired either in this State
6 or outside this State by an Illinois registered combination
7 retailer and construction contractor, and that the purchaser
8 thereafter uses outside this State by incorporating that
9 property into real estate located outside this State.
10 (g) The use or purchase of tangible personal property by
11 a common carrier by rail or motor that receives the physical
12 possession of the property in Illinois, and that transports
13 the property, or shares with another common carrier in the
14 transportation of the property, out of Illinois on a standard
15 uniform bill of lading showing the seller of the property as
16 the shipper or consignor of the property to a destination
17 outside Illinois, for use outside Illinois.
18 (h) The use, in this State, of a motor vehicle that was
19 sold in this State to a nonresident, even though the motor
20 vehicle is delivered to the nonresident in this State, if the
21 motor vehicle is not to be titled in this State, and if a
22 driveaway decal permit is issued to the motor vehicle as
23 provided in Section 3-603 of the Illinois Vehicle Code or if
24 the nonresident purchaser has vehicle registration plates to
25 transfer to the motor vehicle upon returning to his or her
26 home state. The issuance of the driveaway decal permit or
27 having the out-of-state registration plates to be transferred
28 shall be prima facie evidence that the motor vehicle will not
29 be titled in this State.
30 (i) Beginning July 1, 1999, the use, in this State, of
31 fuel acquired outside this State and brought into this State
32 in the fuel supply tanks of locomotives engaged in freight
33 hauling and passenger service for interstate commerce. This
34 subsection is exempt from the provisions of Section 3-90.
-246- LRB9111045EGfg
1 (Source: P.A. 90-519, eff. 6-1-98; 90-552, eff. 12-12-97;
2 91-51, eff. 6-30-99; 91-313, eff. 7-29-99; 91-587, eff.
3 8-14-99; revised 9-29-99.)
4 (35 ILCS 105/9) (from Ch. 120, par. 439.9)
5 Sec. 9. Except as to motor vehicles, watercraft,
6 aircraft, and trailers that are required to be registered
7 with an agency of this State, each retailer required or
8 authorized to collect the tax imposed by this Act shall pay
9 to the Department the amount of such tax (except as otherwise
10 provided) at the time when he is required to file his return
11 for the period during which such tax was collected, less a
12 discount of 2.1% prior to January 1, 1990, and 1.75% on and
13 after January 1, 1990, or $5 per calendar year, whichever is
14 greater, which is allowed to reimburse the retailer for
15 expenses incurred in collecting the tax, keeping records,
16 preparing and filing returns, remitting the tax and supplying
17 data to the Department on request. In the case of retailers
18 who report and pay the tax on a transaction by transaction
19 basis, as provided in this Section, such discount shall be
20 taken with each such tax remittance instead of when such
21 retailer files his periodic return. A retailer need not
22 remit that part of any tax collected by him to the extent
23 that he is required to remit and does remit the tax imposed
24 by the Retailers' Occupation Tax Act, with respect to the
25 sale of the same property.
26 Where such tangible personal property is sold under a
27 conditional sales contract, or under any other form of sale
28 wherein the payment of the principal sum, or a part thereof,
29 is extended beyond the close of the period for which the
30 return is filed, the retailer, in collecting the tax (except
31 as to motor vehicles, watercraft, aircraft, and trailers that
32 are required to be registered with an agency of this State),
33 may collect for each tax return period, only the tax
-247- LRB9111045EGfg
1 applicable to that part of the selling price actually
2 received during such tax return period.
3 Except as provided in this Section, on or before the
4 twentieth day of each calendar month, such retailer shall
5 file a return for the preceding calendar month. Such return
6 shall be filed on forms prescribed by the Department and
7 shall furnish such information as the Department may
8 reasonably require.
9 The Department may require returns to be filed on a
10 quarterly basis. If so required, a return for each calendar
11 quarter shall be filed on or before the twentieth day of the
12 calendar month following the end of such calendar quarter.
13 The taxpayer shall also file a return with the Department for
14 each of the first two months of each calendar quarter, on or
15 before the twentieth day of the following calendar month,
16 stating:
17 1. The name of the seller;
18 2. The address of the principal place of business
19 from which he engages in the business of selling tangible
20 personal property at retail in this State;
21 3. The total amount of taxable receipts received by
22 him during the preceding calendar month from sales of
23 tangible personal property by him during such preceding
24 calendar month, including receipts from charge and time
25 sales, but less all deductions allowed by law;
26 4. The amount of credit provided in Section 2d of
27 this Act;
28 5. The amount of tax due;
29 5-5. The signature of the taxpayer; and
30 6. Such other reasonable information as the
31 Department may require.
32 If a taxpayer fails to sign a return within 30 days after
33 the proper notice and demand for signature by the Department,
34 the return shall be considered valid and any amount shown to
-248- LRB9111045EGfg
1 be due on the return shall be deemed assessed.
2 Beginning October 1, 1993, a taxpayer who has an average
3 monthly tax liability of $150,000 or more shall make all
4 payments required by rules of the Department by electronic
5 funds transfer. Beginning October 1, 1994, a taxpayer who has
6 an average monthly tax liability of $100,000 or more shall
7 make all payments required by rules of the Department by
8 electronic funds transfer. Beginning October 1, 1995, a
9 taxpayer who has an average monthly tax liability of $50,000
10 or more shall make all payments required by rules of the
11 Department by electronic funds transfer. Beginning October 1,
12 2000, a taxpayer who has an annual tax liability of $200,000
13 or more shall make all payments required by rules of the
14 Department by electronic funds transfer. The term "annual
15 tax liability" shall be the sum of the taxpayer's liabilities
16 under this Act, and under all other State and local
17 occupation and use tax laws administered by the Department,
18 for the immediately preceding calendar year. The term
19 "average monthly tax liability" means the sum of the
20 taxpayer's liabilities under this Act, and under all other
21 State and local occupation and use tax laws administered by
22 the Department, for the immediately preceding calendar year
23 divided by 12.
24 Before August 1 of each year beginning in 1993, the
25 Department shall notify all taxpayers required to make
26 payments by electronic funds transfer. All taxpayers required
27 to make payments by electronic funds transfer shall make
28 those payments for a minimum of one year beginning on October
29 1.
30 Any taxpayer not required to make payments by electronic
31 funds transfer may make payments by electronic funds transfer
32 with the permission of the Department.
33 All taxpayers required to make payment by electronic
34 funds transfer and any taxpayers authorized to voluntarily
-249- LRB9111045EGfg
1 make payments by electronic funds transfer shall make those
2 payments in the manner authorized by the Department.
3 The Department shall adopt such rules as are necessary to
4 effectuate a program of electronic funds transfer and the
5 requirements of this Section.
6 Before October 1, 2000, if the taxpayer's average monthly
7 tax liability to the Department under this Act, the
8 Retailers' Occupation Tax Act, the Service Occupation Tax
9 Act, the Service Use Tax Act was $10,000 or more during the
10 preceding 4 complete calendar quarters, he shall file a
11 return with the Department each month by the 20th day of the
12 month next following the month during which such tax
13 liability is incurred and shall make payments to the
14 Department on or before the 7th, 15th, 22nd and last day of
15 the month during which such liability is incurred. On and
16 after October 1, 2000, if the taxpayer's average monthly tax
17 liability to the Department under this Act, the Retailers'
18 Occupation Tax Act, the Service Occupation Tax Act, and the
19 Service Use Tax Act was $20,000 or more during the preceding
20 4 complete calendar quarters, he shall file a return with the
21 Department each month by the 20th day of the month next
22 following the month during which such tax liability is
23 incurred and shall make payment to the Department on or
24 before the 7th, 15th, 22nd and last day of or the month
25 during which such liability is incurred. If the month during
26 which such tax liability is incurred began prior to January
27 1, 1985, each payment shall be in an amount equal to 1/4 of
28 the taxpayer's actual liability for the month or an amount
29 set by the Department not to exceed 1/4 of the average
30 monthly liability of the taxpayer to the Department for the
31 preceding 4 complete calendar quarters (excluding the month
32 of highest liability and the month of lowest liability in
33 such 4 quarter period). If the month during which such tax
34 liability is incurred begins on or after January 1, 1985, and
-250- LRB9111045EGfg
1 prior to January 1, 1987, each payment shall be in an amount
2 equal to 22.5% of the taxpayer's actual liability for the
3 month or 27.5% of the taxpayer's liability for the same
4 calendar month of the preceding year. If the month during
5 which such tax liability is incurred begins on or after
6 January 1, 1987, and prior to January 1, 1988, each payment
7 shall be in an amount equal to 22.5% of the taxpayer's actual
8 liability for the month or 26.25% of the taxpayer's liability
9 for the same calendar month of the preceding year. If the
10 month during which such tax liability is incurred begins on
11 or after January 1, 1988, and prior to January 1, 1989, or
12 begins on or after January 1, 1996, each payment shall be in
13 an amount equal to 22.5% of the taxpayer's actual liability
14 for the month or 25% of the taxpayer's liability for the same
15 calendar month of the preceding year. If the month during
16 which such tax liability is incurred begins on or after
17 January 1, 1989, and prior to January 1, 1996, each payment
18 shall be in an amount equal to 22.5% of the taxpayer's actual
19 liability for the month or 25% of the taxpayer's liability
20 for the same calendar month of the preceding year or 100% of
21 the taxpayer's actual liability for the quarter monthly
22 reporting period. The amount of such quarter monthly
23 payments shall be credited against the final tax liability of
24 the taxpayer's return for that month. Before October 1,
25 2000, once applicable, the requirement of the making of
26 quarter monthly payments to the Department shall continue
27 until such taxpayer's average monthly liability to the
28 Department during the preceding 4 complete calendar quarters
29 (excluding the month of highest liability and the month of
30 lowest liability) is less than $9,000, or until such
31 taxpayer's average monthly liability to the Department as
32 computed for each calendar quarter of the 4 preceding
33 complete calendar quarter period is less than $10,000.
34 However, if a taxpayer can show the Department that a
-251- LRB9111045EGfg
1 substantial change in the taxpayer's business has occurred
2 which causes the taxpayer to anticipate that his average
3 monthly tax liability for the reasonably foreseeable future
4 will fall below the $10,000 threshold stated above, then such
5 taxpayer may petition the Department for change in such
6 taxpayer's reporting status. On and after October 1, 2000,
7 once applicable, the requirement of the making of quarter
8 monthly payments to the Department shall continue until such
9 taxpayer's average monthly liability to the Department during
10 the preceding 4 complete calendar quarters (excluding the
11 month of highest liability and the month of lowest liability)
12 is less than $19,000 or until such taxpayer's average monthly
13 liability to the Department as computed for each calendar
14 quarter of the 4 preceding complete calendar quarter period
15 is less than $20,000. However, if a taxpayer can show the
16 Department that a substantial change in the taxpayer's
17 business has occurred which causes the taxpayer to anticipate
18 that his average monthly tax liability for the reasonably
19 foreseeable future will fall below the $20,000 threshold
20 stated above, then such taxpayer may petition the Department
21 for a change in such taxpayer's reporting status. The
22 Department shall change such taxpayer's reporting status
23 unless it finds that such change is seasonal in nature and
24 not likely to be long term. If any such quarter monthly
25 payment is not paid at the time or in the amount required by
26 this Section, then the taxpayer shall be liable for penalties
27 and interest on the difference between the minimum amount due
28 and the amount of such quarter monthly payment actually and
29 timely paid, except insofar as the taxpayer has previously
30 made payments for that month to the Department in excess of
31 the minimum payments previously due as provided in this
32 Section. The Department shall make reasonable rules and
33 regulations to govern the quarter monthly payment amount and
34 quarter monthly payment dates for taxpayers who file on other
-252- LRB9111045EGfg
1 than a calendar monthly basis.
2 If any such payment provided for in this Section exceeds
3 the taxpayer's liabilities under this Act, the Retailers'
4 Occupation Tax Act, the Service Occupation Tax Act and the
5 Service Use Tax Act, as shown by an original monthly return,
6 the Department shall issue to the taxpayer a credit
7 memorandum no later than 30 days after the date of payment,
8 which memorandum may be submitted by the taxpayer to the
9 Department in payment of tax liability subsequently to be
10 remitted by the taxpayer to the Department or be assigned by
11 the taxpayer to a similar taxpayer under this Act, the
12 Retailers' Occupation Tax Act, the Service Occupation Tax Act
13 or the Service Use Tax Act, in accordance with reasonable
14 rules and regulations to be prescribed by the Department,
15 except that if such excess payment is shown on an original
16 monthly return and is made after December 31, 1986, no credit
17 memorandum shall be issued, unless requested by the taxpayer.
18 If no such request is made, the taxpayer may credit such
19 excess payment against tax liability subsequently to be
20 remitted by the taxpayer to the Department under this Act,
21 the Retailers' Occupation Tax Act, the Service Occupation Tax
22 Act or the Service Use Tax Act, in accordance with reasonable
23 rules and regulations prescribed by the Department. If the
24 Department subsequently determines that all or any part of
25 the credit taken was not actually due to the taxpayer, the
26 taxpayer's 2.1% or 1.75% vendor's discount shall be reduced
27 by 2.1% or 1.75% of the difference between the credit taken
28 and that actually due, and the taxpayer shall be liable for
29 penalties and interest on such difference.
30 If the retailer is otherwise required to file a monthly
31 return and if the retailer's average monthly tax liability to
32 the Department does not exceed $200, the Department may
33 authorize his returns to be filed on a quarter annual basis,
34 with the return for January, February, and March of a given
-253- LRB9111045EGfg
1 year being due by April 20 of such year; with the return for
2 April, May and June of a given year being due by July 20 of
3 such year; with the return for July, August and September of
4 a given year being due by October 20 of such year, and with
5 the return for October, November and December of a given year
6 being due by January 20 of the following year.
7 If the retailer is otherwise required to file a monthly
8 or quarterly return and if the retailer's average monthly tax
9 liability to the Department does not exceed $50, the
10 Department may authorize his returns to be filed on an annual
11 basis, with the return for a given year being due by January
12 20 of the following year.
13 Such quarter annual and annual returns, as to form and
14 substance, shall be subject to the same requirements as
15 monthly returns.
16 Notwithstanding any other provision in this Act
17 concerning the time within which a retailer may file his
18 return, in the case of any retailer who ceases to engage in a
19 kind of business which makes him responsible for filing
20 returns under this Act, such retailer shall file a final
21 return under this Act with the Department not more than one
22 month after discontinuing such business.
23 In addition, with respect to motor vehicles, watercraft,
24 aircraft, and trailers that are required to be registered
25 with an agency of this State, every retailer selling this
26 kind of tangible personal property shall file, with the
27 Department, upon a form to be prescribed and supplied by the
28 Department, a separate return for each such item of tangible
29 personal property which the retailer sells, except that
30 where, in the same transaction, a retailer of aircraft,
31 watercraft, motor vehicles or trailers transfers more than
32 one aircraft, watercraft, motor vehicle or trailer to another
33 aircraft, watercraft, motor vehicle or trailer retailer for
34 the purpose of resale, that seller for resale may report the
-254- LRB9111045EGfg
1 transfer of all the aircraft, watercraft, motor vehicles or
2 trailers involved in that transaction to the Department on
3 the same uniform invoice-transaction reporting return form.
4 For purposes of this Section, "watercraft" means a Class 2,
5 Class 3, or Class 4 watercraft as defined in Section 3-2 of
6 the Boat Registration and Safety Act, a personal watercraft,
7 or any boat equipped with an inboard motor.
8 The transaction reporting return in the case of motor
9 vehicles or trailers that are required to be registered with
10 an agency of this State, shall be the same document as the
11 Uniform Invoice referred to in Section 5-402 of the Illinois
12 Vehicle Code and must show the name and address of the
13 seller; the name and address of the purchaser; the amount of
14 the selling price including the amount allowed by the
15 retailer for traded-in property, if any; the amount allowed
16 by the retailer for the traded-in tangible personal property,
17 if any, to the extent to which Section 2 of this Act allows
18 an exemption for the value of traded-in property; the balance
19 payable after deducting such trade-in allowance from the
20 total selling price; the amount of tax due from the retailer
21 with respect to such transaction; the amount of tax collected
22 from the purchaser by the retailer on such transaction (or
23 satisfactory evidence that such tax is not due in that
24 particular instance, if that is claimed to be the fact); the
25 place and date of the sale; a sufficient identification of
26 the property sold; such other information as is required in
27 Section 5-402 of the Illinois Vehicle Code, and such other
28 information as the Department may reasonably require.
29 The transaction reporting return in the case of
30 watercraft and aircraft must show the name and address of the
31 seller; the name and address of the purchaser; the amount of
32 the selling price including the amount allowed by the
33 retailer for traded-in property, if any; the amount allowed
34 by the retailer for the traded-in tangible personal property,
-255- LRB9111045EGfg
1 if any, to the extent to which Section 2 of this Act allows
2 an exemption for the value of traded-in property; the balance
3 payable after deducting such trade-in allowance from the
4 total selling price; the amount of tax due from the retailer
5 with respect to such transaction; the amount of tax collected
6 from the purchaser by the retailer on such transaction (or
7 satisfactory evidence that such tax is not due in that
8 particular instance, if that is claimed to be the fact); the
9 place and date of the sale, a sufficient identification of
10 the property sold, and such other information as the
11 Department may reasonably require.
12 Such transaction reporting return shall be filed not
13 later than 20 days after the date of delivery of the item
14 that is being sold, but may be filed by the retailer at any
15 time sooner than that if he chooses to do so. The
16 transaction reporting return and tax remittance or proof of
17 exemption from the tax that is imposed by this Act may be
18 transmitted to the Department by way of the State agency with
19 which, or State officer with whom, the tangible personal
20 property must be titled or registered (if titling or
21 registration is required) if the Department and such agency
22 or State officer determine that this procedure will expedite
23 the processing of applications for title or registration.
24 With each such transaction reporting return, the retailer
25 shall remit the proper amount of tax due (or shall submit
26 satisfactory evidence that the sale is not taxable if that is
27 the case), to the Department or its agents, whereupon the
28 Department shall issue, in the purchaser's name, a tax
29 receipt (or a certificate of exemption if the Department is
30 satisfied that the particular sale is tax exempt) which such
31 purchaser may submit to the agency with which, or State
32 officer with whom, he must title or register the tangible
33 personal property that is involved (if titling or
34 registration is required) in support of such purchaser's
-256- LRB9111045EGfg
1 application for an Illinois certificate or other evidence of
2 title or registration to such tangible personal property.
3 No retailer's failure or refusal to remit tax under this
4 Act precludes a user, who has paid the proper tax to the
5 retailer, from obtaining his certificate of title or other
6 evidence of title or registration (if titling or registration
7 is required) upon satisfying the Department that such user
8 has paid the proper tax (if tax is due) to the retailer. The
9 Department shall adopt appropriate rules to carry out the
10 mandate of this paragraph.
11 If the user who would otherwise pay tax to the retailer
12 wants the transaction reporting return filed and the payment
13 of tax or proof of exemption made to the Department before
14 the retailer is willing to take these actions and such user
15 has not paid the tax to the retailer, such user may certify
16 to the fact of such delay by the retailer, and may (upon the
17 Department being satisfied of the truth of such
18 certification) transmit the information required by the
19 transaction reporting return and the remittance for tax or
20 proof of exemption directly to the Department and obtain his
21 tax receipt or exemption determination, in which event the
22 transaction reporting return and tax remittance (if a tax
23 payment was required) shall be credited by the Department to
24 the proper retailer's account with the Department, but
25 without the 2.1% or 1.75% discount provided for in this
26 Section being allowed. When the user pays the tax directly
27 to the Department, he shall pay the tax in the same amount
28 and in the same form in which it would be remitted if the tax
29 had been remitted to the Department by the retailer.
30 Where a retailer collects the tax with respect to the
31 selling price of tangible personal property which he sells
32 and the purchaser thereafter returns such tangible personal
33 property and the retailer refunds the selling price thereof
34 to the purchaser, such retailer shall also refund, to the
-257- LRB9111045EGfg
1 purchaser, the tax so collected from the purchaser. When
2 filing his return for the period in which he refunds such tax
3 to the purchaser, the retailer may deduct the amount of the
4 tax so refunded by him to the purchaser from any other use
5 tax which such retailer may be required to pay or remit to
6 the Department, as shown by such return, if the amount of the
7 tax to be deducted was previously remitted to the Department
8 by such retailer. If the retailer has not previously
9 remitted the amount of such tax to the Department, he is
10 entitled to no deduction under this Act upon refunding such
11 tax to the purchaser.
12 Any retailer filing a return under this Section shall
13 also include (for the purpose of paying tax thereon) the
14 total tax covered by such return upon the selling price of
15 tangible personal property purchased by him at retail from a
16 retailer, but as to which the tax imposed by this Act was not
17 collected from the retailer filing such return, and such
18 retailer shall remit the amount of such tax to the Department
19 when filing such return.
20 If experience indicates such action to be practicable,
21 the Department may prescribe and furnish a combination or
22 joint return which will enable retailers, who are required to
23 file returns hereunder and also under the Retailers'
24 Occupation Tax Act, to furnish all the return information
25 required by both Acts on the one form.
26 Where the retailer has more than one business registered
27 with the Department under separate registration under this
28 Act, such retailer may not file each return that is due as a
29 single return covering all such registered businesses, but
30 shall file separate returns for each such registered
31 business.
32 Beginning January 1, 1990, each month the Department
33 shall pay into the State and Local Sales Tax Reform Fund, a
34 special fund in the State Treasury which is hereby created,
-258- LRB9111045EGfg
1 the net revenue realized for the preceding month from the 1%
2 tax on sales of food for human consumption which is to be
3 consumed off the premises where it is sold (other than
4 alcoholic beverages, soft drinks and food which has been
5 prepared for immediate consumption) and prescription and
6 nonprescription medicines, drugs, medical appliances and
7 insulin, urine testing materials, syringes and needles used
8 by diabetics.
9 Beginning January 1, 1990, each month the Department
10 shall pay into the County and Mass Transit District Fund 4%
11 of the net revenue realized for the preceding month from the
12 6.25% general rate on the selling price of tangible personal
13 property which is purchased outside Illinois at retail from a
14 retailer and which is titled or registered by an agency of
15 this State's government.
16 Beginning January 1, 1990, each month the Department
17 shall pay into the State and Local Sales Tax Reform Fund, a
18 special fund in the State Treasury, 20% of the net revenue
19 realized for the preceding month from the 6.25% general rate
20 on the selling price of tangible personal property, other
21 than tangible personal property which is purchased outside
22 Illinois at retail from a retailer and which is titled or
23 registered by an agency of this State's government.
24 Beginning January 1, 1990, each month the Department
25 shall pay into the Local Government Tax Fund 16% of the net
26 revenue realized for the preceding month from the 6.25%
27 general rate on the selling price of tangible personal
28 property which is purchased outside Illinois at retail from a
29 retailer and which is titled or registered by an agency of
30 this State's government.
31 Of the remainder of the moneys received by the Department
32 pursuant to this Act, (a) 1.75% thereof shall be paid into
33 the Build Illinois Fund and (b) prior to July 1, 1989, 2.2%
34 and on and after July 1, 1989, 3.8% thereof shall be paid
-259- LRB9111045EGfg
1 into the Build Illinois Fund; provided, however, that if in
2 any fiscal year the sum of (1) the aggregate of 2.2% or 3.8%,
3 as the case may be, of the moneys received by the Department
4 and required to be paid into the Build Illinois Fund pursuant
5 to Section 3 of the Retailers' Occupation Tax Act, Section 9
6 of the Use Tax Act, Section 9 of the Service Use Tax Act, and
7 Section 9 of the Service Occupation Tax Act, such Acts being
8 hereinafter called the "Tax Acts" and such aggregate of 2.2%
9 or 3.8%, as the case may be, of moneys being hereinafter
10 called the "Tax Act Amount", and (2) the amount transferred
11 to the Build Illinois Fund from the State and Local Sales Tax
12 Reform Fund shall be less than the Annual Specified Amount
13 (as defined in Section 3 of the Retailers' Occupation Tax
14 Act), an amount equal to the difference shall be immediately
15 paid into the Build Illinois Fund from other moneys received
16 by the Department pursuant to the Tax Acts; and further
17 provided, that if on the last business day of any month the
18 sum of (1) the Tax Act Amount required to be deposited into
19 the Build Illinois Bond Account in the Build Illinois Fund
20 during such month and (2) the amount transferred during such
21 month to the Build Illinois Fund from the State and Local
22 Sales Tax Reform Fund shall have been less than 1/12 of the
23 Annual Specified Amount, an amount equal to the difference
24 shall be immediately paid into the Build Illinois Fund from
25 other moneys received by the Department pursuant to the Tax
26 Acts; and, further provided, that in no event shall the
27 payments required under the preceding proviso result in
28 aggregate payments into the Build Illinois Fund pursuant to
29 this clause (b) for any fiscal year in excess of the greater
30 of (i) the Tax Act Amount or (ii) the Annual Specified Amount
31 for such fiscal year; and, further provided, that the amounts
32 payable into the Build Illinois Fund under this clause (b)
33 shall be payable only until such time as the aggregate amount
34 on deposit under each trust indenture securing Bonds issued
-260- LRB9111045EGfg
1 and outstanding pursuant to the Build Illinois Bond Act is
2 sufficient, taking into account any future investment income,
3 to fully provide, in accordance with such indenture, for the
4 defeasance of or the payment of the principal of, premium, if
5 any, and interest on the Bonds secured by such indenture and
6 on any Bonds expected to be issued thereafter and all fees
7 and costs payable with respect thereto, all as certified by
8 the Director of the Bureau of the Budget. If on the last
9 business day of any month in which Bonds are outstanding
10 pursuant to the Build Illinois Bond Act, the aggregate of the
11 moneys deposited in the Build Illinois Bond Account in the
12 Build Illinois Fund in such month shall be less than the
13 amount required to be transferred in such month from the
14 Build Illinois Bond Account to the Build Illinois Bond
15 Retirement and Interest Fund pursuant to Section 13 of the
16 Build Illinois Bond Act, an amount equal to such deficiency
17 shall be immediately paid from other moneys received by the
18 Department pursuant to the Tax Acts to the Build Illinois
19 Fund; provided, however, that any amounts paid to the Build
20 Illinois Fund in any fiscal year pursuant to this sentence
21 shall be deemed to constitute payments pursuant to clause (b)
22 of the preceding sentence and shall reduce the amount
23 otherwise payable for such fiscal year pursuant to clause (b)
24 of the preceding sentence. The moneys received by the
25 Department pursuant to this Act and required to be deposited
26 into the Build Illinois Fund are subject to the pledge, claim
27 and charge set forth in Section 12 of the Build Illinois Bond
28 Act.
29 Subject to payment of amounts into the Build Illinois
30 Fund as provided in the preceding paragraph or in any
31 amendment thereto hereafter enacted, the following specified
32 monthly installment of the amount requested in the
33 certificate of the Chairman of the Metropolitan Pier and
34 Exposition Authority provided under Section 8.25f of the
-261- LRB9111045EGfg
1 State Finance Act, but not in excess of the sums designated
2 as "Total Deposit", shall be deposited in the aggregate from
3 collections under Section 9 of the Use Tax Act, Section 9 of
4 the Service Use Tax Act, Section 9 of the Service Occupation
5 Tax Act, and Section 3 of the Retailers' Occupation Tax Act
6 into the McCormick Place Expansion Project Fund in the
7 specified fiscal years.
8 Fiscal Year Total Deposit
9 1993 $0
10 1994 53,000,000
11 1995 58,000,000
12 1996 61,000,000
13 1997 64,000,000
14 1998 68,000,000
15 1999 71,000,000
16 2000 75,000,000
17 2001 80,000,000
18 2002 84,000,000
19 2003 89,000,000
20 2004 93,000,000
21 2005 97,000,000
22 2006 102,000,000
23 2007 108,000,000
24 2008 115,000,000
25 2009 120,000,000
26 2010 126,000,000
27 2011 132,000,000
28 2012 138,000,000
29 2013 and 145,000,000
30 each fiscal year
31 thereafter that bonds
32 are outstanding under
33 Section 13.2 of the
34 Metropolitan Pier and
-262- LRB9111045EGfg
1 Exposition Authority
2 Act, but not after fiscal year 2029.
3 Beginning July 20, 1993 and in each month of each fiscal
4 year thereafter, one-eighth of the amount requested in the
5 certificate of the Chairman of the Metropolitan Pier and
6 Exposition Authority for that fiscal year, less the amount
7 deposited into the McCormick Place Expansion Project Fund by
8 the State Treasurer in the respective month under subsection
9 (g) of Section 13 of the Metropolitan Pier and Exposition
10 Authority Act, plus cumulative deficiencies in the deposits
11 required under this Section for previous months and years,
12 shall be deposited into the McCormick Place Expansion Project
13 Fund, until the full amount requested for the fiscal year,
14 but not in excess of the amount specified above as "Total
15 Deposit", has been deposited.
16 Subject to payment of amounts into the Build Illinois
17 Fund and the McCormick Place Expansion Project Fund pursuant
18 to the preceding paragraphs or in any amendment thereto
19 hereafter enacted, each month the Department shall pay into
20 the Local Government Distributive Fund .4% of the net revenue
21 realized for the preceding month from the 5% general rate, or
22 .4% of 80% of the net revenue realized for the preceding
23 month from the 6.25% general rate, as the case may be, on the
24 selling price of tangible personal property which amount
25 shall, subject to appropriation, be distributed as provided
26 in Section 2 of the State Revenue Sharing Act. No payments or
27 distributions pursuant to this paragraph shall be made if the
28 tax imposed by this Act on photoprocessing products is
29 declared unconstitutional, or if the proceeds from such tax
30 are unavailable for distribution because of litigation.
31 Subject to payment of amounts into the Build Illinois
32 Fund, the McCormick Place Expansion Project Fund, and the
33 Local Government Distributive Fund pursuant to the preceding
34 paragraphs or in any amendments thereto hereafter enacted,
-263- LRB9111045EGfg
1 beginning July 1, 1993, the Department shall each month pay
2 into the Illinois Tax Increment Fund 0.27% of 80% of the net
3 revenue realized for the preceding month from the 6.25%
4 general rate on the selling price of tangible personal
5 property.
6 Of the remainder of the moneys received by the Department
7 pursuant to this Act, 75% thereof shall be paid into the
8 State Treasury and 25% shall be reserved in a special account
9 and used only for the transfer to the Common School Fund as
10 part of the monthly transfer from the General Revenue Fund in
11 accordance with Section 8a of the State Finance Act.
12 As soon as possible after the first day of each month,
13 upon certification of the Department of Revenue, the
14 Comptroller shall order transferred and the Treasurer shall
15 transfer from the General Revenue Fund to the Motor Fuel Tax
16 Fund an amount equal to 1.7% of 80% of the net revenue
17 realized under this Act for the second preceding month.
18 Beginning April 1, 2000, this transfer is no longer required
19 and shall not be made.
20 Net revenue realized for a month shall be the revenue
21 collected by the State pursuant to this Act, less the amount
22 paid out during that month as refunds to taxpayers for
23 overpayment of liability.
24 For greater simplicity of administration, manufacturers,
25 importers and wholesalers whose products are sold at retail
26 in Illinois by numerous retailers, and who wish to do so, may
27 assume the responsibility for accounting and paying to the
28 Department all tax accruing under this Act with respect to
29 such sales, if the retailers who are affected do not make
30 written objection to the Department to this arrangement.
31 (Source: P.A. 90-491, eff. 1-1-99; 90-612, eff. 7-8-98;
32 91-37, eff. 7-1-99; 91-51, eff. 6-30-99; 91-101, eff.
33 7-12-99; 91-541, eff. 8-13-99; revised 9-29-99.)
-264- LRB9111045EGfg
1 Section 34. The Service Use Tax Act is amended by
2 changing Sections 3-5, 3-45, and 9 as follows:
3 (35 ILCS 110/3-5) (from Ch. 120, par. 439.33-5)
4 Sec. 3-5. Exemptions. Use of the following tangible
5 personal property is exempt from the tax imposed by this Act:
6 (1) Personal property purchased from a corporation,
7 society, association, foundation, institution, or
8 organization, other than a limited liability company, that is
9 organized and operated as a not-for-profit service enterprise
10 for the benefit of persons 65 years of age or older if the
11 personal property was not purchased by the enterprise for the
12 purpose of resale by the enterprise.
13 (2) Personal property purchased by a non-profit Illinois
14 county fair association for use in conducting, operating, or
15 promoting the county fair.
16 (3) Personal property purchased by a not-for-profit arts
17 or cultural organization that establishes, by proof required
18 by the Department by rule, that it has received an exemption
19 under Section 501(c)(3) of the Internal Revenue Code and that
20 is organized and operated for the presentation or support of
21 arts or cultural programming, activities, or services. These
22 organizations include, but are not limited to, music and
23 dramatic arts organizations such as symphony orchestras and
24 theatrical groups, arts and cultural service organizations,
25 local arts councils, visual arts organizations, and media
26 arts organizations.
27 (4) Legal tender, currency, medallions, or gold or
28 silver coinage issued by the State of Illinois, the
29 government of the United States of America, or the government
30 of any foreign country, and bullion.
31 (5) Graphic arts machinery and equipment, including
32 repair and replacement parts, both new and used, and
33 including that manufactured on special order or purchased for
-265- LRB9111045EGfg
1 lease, certified by the purchaser to be used primarily for
2 graphic arts production.
3 (6) Personal property purchased from a teacher-sponsored
4 student organization affiliated with an elementary or
5 secondary school located in Illinois.
6 (7) Farm machinery and equipment, both new and used,
7 including that manufactured on special order, certified by
8 the purchaser to be used primarily for production agriculture
9 or State or federal agricultural programs, including
10 individual replacement parts for the machinery and equipment,
11 including machinery and equipment purchased for lease, and
12 including implements of husbandry defined in Section 1-130 of
13 the Illinois Vehicle Code, farm machinery and agricultural
14 chemical and fertilizer spreaders, and nurse wagons required
15 to be registered under Section 3-809 of the Illinois Vehicle
16 Code, but excluding other motor vehicles required to be
17 registered under the Illinois Vehicle Code. Horticultural
18 polyhouses or hoop houses used for propagating, growing, or
19 overwintering plants shall be considered farm machinery and
20 equipment under this item (7). Agricultural chemical tender
21 tanks and dry boxes shall include units sold separately from
22 a motor vehicle required to be licensed and units sold
23 mounted on a motor vehicle required to be licensed if the
24 selling price of the tender is separately stated.
25 Farm machinery and equipment shall include precision
26 farming equipment that is installed or purchased to be
27 installed on farm machinery and equipment including, but not
28 limited to, tractors, harvesters, sprayers, planters,
29 seeders, or spreaders. Precision farming equipment includes,
30 but is not limited to, soil testing sensors, computers,
31 monitors, software, global positioning and mapping systems,
32 and other such equipment.
33 Farm machinery and equipment also includes computers,
34 sensors, software, and related equipment used primarily in
-266- LRB9111045EGfg
1 the computer-assisted operation of production agriculture
2 facilities, equipment, and activities such as, but not
3 limited to, the collection, monitoring, and correlation of
4 animal and crop data for the purpose of formulating animal
5 diets and agricultural chemicals. This item (7) is exempt
6 from the provisions of Section 3-75.
7 (8) Fuel and petroleum products sold to or used by an
8 air common carrier, certified by the carrier to be used for
9 consumption, shipment, or storage in the conduct of its
10 business as an air common carrier, for a flight destined for
11 or returning from a location or locations outside the United
12 States without regard to previous or subsequent domestic
13 stopovers.
14 (9) Proceeds of mandatory service charges separately
15 stated on customers' bills for the purchase and consumption
16 of food and beverages acquired as an incident to the purchase
17 of a service from a serviceman, to the extent that the
18 proceeds of the service charge are in fact turned over as
19 tips or as a substitute for tips to the employees who
20 participate directly in preparing, serving, hosting or
21 cleaning up the food or beverage function with respect to
22 which the service charge is imposed.
23 (10) Oil field exploration, drilling, and production
24 equipment, including (i) rigs and parts of rigs, rotary rigs,
25 cable tool rigs, and workover rigs, (ii) pipe and tubular
26 goods, including casing and drill strings, (iii) pumps and
27 pump-jack units, (iv) storage tanks and flow lines, (v) any
28 individual replacement part for oil field exploration,
29 drilling, and production equipment, and (vi) machinery and
30 equipment purchased for lease; but excluding motor vehicles
31 required to be registered under the Illinois Vehicle Code.
32 (11) Proceeds from the sale of photoprocessing machinery
33 and equipment, including repair and replacement parts, both
34 new and used, including that manufactured on special order,
-267- LRB9111045EGfg
1 certified by the purchaser to be used primarily for
2 photoprocessing, and including photoprocessing machinery and
3 equipment purchased for lease.
4 (12) Coal exploration, mining, offhighway hauling,
5 processing, maintenance, and reclamation equipment, including
6 replacement parts and equipment, and including equipment
7 purchased for lease, but excluding motor vehicles required to
8 be registered under the Illinois Vehicle Code.
9 (13) Semen used for artificial insemination of livestock
10 for direct agricultural production.
11 (14) Horses, or interests in horses, registered with and
12 meeting the requirements of any of the Arabian Horse Club
13 Registry of America, Appaloosa Horse Club, American Quarter
14 Horse Association, United States Trotting Association, or
15 Jockey Club, as appropriate, used for purposes of breeding or
16 racing for prizes.
17 (15) Computers and communications equipment utilized for
18 any hospital purpose and equipment used in the diagnosis,
19 analysis, or treatment of hospital patients purchased by a
20 lessor who leases the equipment, under a lease of one year or
21 longer executed or in effect at the time the lessor would
22 otherwise be subject to the tax imposed by this Act, to a
23 hospital that has been issued an active tax exemption
24 identification number by the Department under Section 1g of
25 the Retailers' Occupation Tax Act. If the equipment is leased
26 in a manner that does not qualify for this exemption or is
27 used in any other non-exempt manner, the lessor shall be
28 liable for the tax imposed under this Act or the Use Tax Act,
29 as the case may be, based on the fair market value of the
30 property at the time the non-qualifying use occurs. No
31 lessor shall collect or attempt to collect an amount (however
32 designated) that purports to reimburse that lessor for the
33 tax imposed by this Act or the Use Tax Act, as the case may
34 be, if the tax has not been paid by the lessor. If a lessor
-268- LRB9111045EGfg
1 improperly collects any such amount from the lessee, the
2 lessee shall have a legal right to claim a refund of that
3 amount from the lessor. If, however, that amount is not
4 refunded to the lessee for any reason, the lessor is liable
5 to pay that amount to the Department.
6 (16) Personal property purchased by a lessor who leases
7 the property, under a lease of one year or longer executed or
8 in effect at the time the lessor would otherwise be subject
9 to the tax imposed by this Act, to a governmental body that
10 has been issued an active tax exemption identification number
11 by the Department under Section 1g of the Retailers'
12 Occupation Tax Act. If the property is leased in a manner
13 that does not qualify for this exemption or is used in any
14 other non-exempt manner, the lessor shall be liable for the
15 tax imposed under this Act or the Use Tax Act, as the case
16 may be, based on the fair market value of the property at the
17 time the non-qualifying use occurs. No lessor shall collect
18 or attempt to collect an amount (however designated) that
19 purports to reimburse that lessor for the tax imposed by this
20 Act or the Use Tax Act, as the case may be, if the tax has
21 not been paid by the lessor. If a lessor improperly collects
22 any such amount from the lessee, the lessee shall have a
23 legal right to claim a refund of that amount from the lessor.
24 If, however, that amount is not refunded to the lessee for
25 any reason, the lessor is liable to pay that amount to the
26 Department.
27 (17) Beginning with taxable years ending on or after
28 December 31, 1995 and ending with taxable years ending on or
29 before December 31, 2004, personal property that is donated
30 for disaster relief to be used in a State or federally
31 declared disaster area in Illinois or bordering Illinois by a
32 manufacturer or retailer that is registered in this State to
33 a corporation, society, association, foundation, or
34 institution that has been issued a sales tax exemption
-269- LRB9111045EGfg
1 identification number by the Department that assists victims
2 of the disaster who reside within the declared disaster area.
3 (18) Beginning with taxable years ending on or after
4 December 31, 1995 and ending with taxable years ending on or
5 before December 31, 2004, personal property that is used in
6 the performance of infrastructure repairs in this State,
7 including but not limited to municipal roads and streets,
8 access roads, bridges, sidewalks, waste disposal systems,
9 water and sewer line extensions, water distribution and
10 purification facilities, storm water drainage and retention
11 facilities, and sewage treatment facilities, resulting from a
12 State or federally declared disaster in Illinois or bordering
13 Illinois when such repairs are initiated on facilities
14 located in the declared disaster area within 6 months after
15 the disaster.
16 (19) Beginning July 1, 1999, game or game birds
17 purchased at a "game breeding and hunting preserve area" or
18 an "exotic game hunting area" as those terms are used in the
19 Wildlife Code or at a hunting enclosure approved through
20 rules adopted by the Department of Natural Resources. This
21 paragraph is exempt from the provisions of Section 3-75.
22 (20) (19) A motor vehicle, as that term is defined in
23 Section 1-146 of the Illinois Vehicle Code, that is donated
24 to a corporation, limited liability company, society,
25 association, foundation, or institution that is determined by
26 the Department to be organized and operated exclusively for
27 educational purposes. For purposes of this exemption, "a
28 corporation, limited liability company, society, association,
29 foundation, or institution organized and operated exclusively
30 for educational purposes" means all tax-supported public
31 schools, private schools that offer systematic instruction in
32 useful branches of learning by methods common to public
33 schools and that compare favorably in their scope and
34 intensity with the course of study presented in tax-supported
-270- LRB9111045EGfg
1 schools, and vocational or technical schools or institutes
2 organized and operated exclusively to provide a course of
3 study of not less than 6 weeks duration and designed to
4 prepare individuals to follow a trade or to pursue a manual,
5 technical, mechanical, industrial, business, or commercial
6 occupation.
7 (21) (20) Beginning January 1, 2000, personal property,
8 including food, purchased through fundraising events for the
9 benefit of a public or private elementary or secondary
10 school, a group of those schools, or one or more school
11 districts if the events are sponsored by an entity recognized
12 by the school district that consists primarily of volunteers
13 and includes parents and teachers of the school children.
14 This paragraph does not apply to fundraising events (i) for
15 the benefit of private home instruction or (ii) for which the
16 fundraising entity purchases the personal property sold at
17 the events from another individual or entity that sold the
18 property for the purpose of resale by the fundraising entity
19 and that profits from the sale to the fundraising entity.
20 This paragraph is exempt from the provisions of Section 3-75.
21 (22) (19) Beginning January 1, 2000, new or used
22 automatic vending machines that prepare and serve hot food
23 and beverages, including coffee, soup, and other items, and
24 replacement parts for these machines. This paragraph is
25 exempt from the provisions of Section 3-75.
26 (Source: P.A. 90-14, eff. 7-1-97; 90-552, eff. 12-12-97;
27 90-605, eff. 6-30-98; 91-51, eff. 6-30-99; 91-200, eff.
28 7-20-99; 91-439, eff. 8-6-99; 91-637, eff. 8-20-99; 91-644,
29 eff. 8-20-99; revised 9-29-99.)
30 (35 ILCS 110/3-45) (from Ch. 120, par. 439.33-45)
31 Sec. 3-45. Multistate exemption. The tax imposed by
32 this Act does not apply to the use of tangible personal
33 property in this State under the following circumstances:
-271- LRB9111045EGfg
1 (a) The use, in this State, of property acquired outside
2 this State by a nonresident individual and brought into this
3 State by the individual for his or her own use while
4 temporarily within this State or while passing through this
5 State.
6 (b) The use, in this State, of property that is acquired
7 outside this State and that is moved into this State for use
8 as rolling stock moving in interstate commerce.
9 (c) The use, in this State, of property that is acquired
10 outside this State and caused to be brought into this State
11 by a person who has already paid a tax in another state in
12 respect to the sale, purchase, or use of that property, to
13 the extent of the amount of the tax properly due and paid in
14 the other state.
15 (d) The temporary storage, in this State, of property
16 that is acquired outside this State and that after being
17 brought into this State and stored here temporarily, is used
18 solely outside this State or is physically attached to or
19 incorporated into other property that is used solely outside
20 this State, or is altered by converting, fabricating,
21 manufacturing, printing, processing, or shaping, and, as
22 altered, is used solely outside this State.
23 (e) Beginning July 1, 1999, the use, in this State, of
24 fuel acquired outside this State and brought into this State
25 in the fuel supply tanks of locomotives engaged in freight
26 hauling and passenger service for interstate commerce. This
27 subsection is exempt from the provisions of Section 3-75.
28 (Source: P.A. 91-51, eff. 6-30-99; 91-313, eff. 7-29-99;
29 91-587, eff. 8-14-99; revised 9-29-99.)
30 (35 ILCS 110/9) (from Ch. 120, par. 439.39)
31 Sec. 9. Each serviceman required or authorized to
32 collect the tax herein imposed shall pay to the Department
33 the amount of such tax (except as otherwise provided) at the
-272- LRB9111045EGfg
1 time when he is required to file his return for the period
2 during which such tax was collected, less a discount of 2.1%
3 prior to January 1, 1990 and 1.75% on and after January 1,
4 1990, or $5 per calendar year, whichever is greater, which is
5 allowed to reimburse the serviceman for expenses incurred in
6 collecting the tax, keeping records, preparing and filing
7 returns, remitting the tax and supplying data to the
8 Department on request. A serviceman need not remit that part
9 of any tax collected by him to the extent that he is required
10 to pay and does pay the tax imposed by the Service Occupation
11 Tax Act with respect to his sale of service involving the
12 incidental transfer by him of the same property.
13 Except as provided hereinafter in this Section, on or
14 before the twentieth day of each calendar month, such
15 serviceman shall file a return for the preceding calendar
16 month in accordance with reasonable Rules and Regulations to
17 be promulgated by the Department. Such return shall be filed
18 on a form prescribed by the Department and shall contain such
19 information as the Department may reasonably require.
20 The Department may require returns to be filed on a
21 quarterly basis. If so required, a return for each calendar
22 quarter shall be filed on or before the twentieth day of the
23 calendar month following the end of such calendar quarter.
24 The taxpayer shall also file a return with the Department for
25 each of the first two months of each calendar quarter, on or
26 before the twentieth day of the following calendar month,
27 stating:
28 1. The name of the seller;
29 2. The address of the principal place of business
30 from which he engages in business as a serviceman in this
31 State;
32 3. The total amount of taxable receipts received by
33 him during the preceding calendar month, including
34 receipts from charge and time sales, but less all
-273- LRB9111045EGfg
1 deductions allowed by law;
2 4. The amount of credit provided in Section 2d of
3 this Act;
4 5. The amount of tax due;
5 5-5. The signature of the taxpayer; and
6 6. Such other reasonable information as the
7 Department may require.
8 If a taxpayer fails to sign a return within 30 days after
9 the proper notice and demand for signature by the Department,
10 the return shall be considered valid and any amount shown to
11 be due on the return shall be deemed assessed.
12 Beginning October 1, 1993, a taxpayer who has an average
13 monthly tax liability of $150,000 or more shall make all
14 payments required by rules of the Department by electronic
15 funds transfer. Beginning October 1, 1994, a taxpayer who
16 has an average monthly tax liability of $100,000 or more
17 shall make all payments required by rules of the Department
18 by electronic funds transfer. Beginning October 1, 1995, a
19 taxpayer who has an average monthly tax liability of $50,000
20 or more shall make all payments required by rules of the
21 Department by electronic funds transfer. Beginning October 1,
22 2000, a taxpayer who has an annual tax liability of $200,000
23 or more shall make all payments required by rules of the
24 Department by electronic funds transfer. The term "annual
25 tax liability" shall be the sum of the taxpayer's liabilities
26 under this Act, and under all other State and local
27 occupation and use tax laws administered by the Department,
28 for the immediately preceding calendar year. The term
29 "average monthly tax liability" means the sum of the
30 taxpayer's liabilities under this Act, and under all other
31 State and local occupation and use tax laws administered by
32 the Department, for the immediately preceding calendar year
33 divided by 12.
34 Before August 1 of each year beginning in 1993, the
-274- LRB9111045EGfg
1 Department shall notify all taxpayers required to make
2 payments by electronic funds transfer. All taxpayers required
3 to make payments by electronic funds transfer shall make
4 those payments for a minimum of one year beginning on October
5 1.
6 Any taxpayer not required to make payments by electronic
7 funds transfer may make payments by electronic funds transfer
8 with the permission of the Department.
9 All taxpayers required to make payment by electronic
10 funds transfer and any taxpayers authorized to voluntarily
11 make payments by electronic funds transfer shall make those
12 payments in the manner authorized by the Department.
13 The Department shall adopt such rules as are necessary to
14 effectuate a program of electronic funds transfer and the
15 requirements of this Section.
16 If the serviceman is otherwise required to file a monthly
17 return and if the serviceman's average monthly tax liability
18 to the Department does not exceed $200, the Department may
19 authorize his returns to be filed on a quarter annual basis,
20 with the return for January, February and March of a given
21 year being due by April 20 of such year; with the return for
22 April, May and June of a given year being due by July 20 of
23 such year; with the return for July, August and September of
24 a given year being due by October 20 of such year, and with
25 the return for October, November and December of a given year
26 being due by January 20 of the following year.
27 If the serviceman is otherwise required to file a monthly
28 or quarterly return and if the serviceman's average monthly
29 tax liability to the Department does not exceed $50, the
30 Department may authorize his returns to be filed on an annual
31 basis, with the return for a given year being due by January
32 20 of the following year.
33 Such quarter annual and annual returns, as to form and
34 substance, shall be subject to the same requirements as
-275- LRB9111045EGfg
1 monthly returns.
2 Notwithstanding any other provision in this Act
3 concerning the time within which a serviceman may file his
4 return, in the case of any serviceman who ceases to engage in
5 a kind of business which makes him responsible for filing
6 returns under this Act, such serviceman shall file a final
7 return under this Act with the Department not more than 1
8 month after discontinuing such business.
9 Where a serviceman collects the tax with respect to the
10 selling price of property which he sells and the purchaser
11 thereafter returns such property and the serviceman refunds
12 the selling price thereof to the purchaser, such serviceman
13 shall also refund, to the purchaser, the tax so collected
14 from the purchaser. When filing his return for the period in
15 which he refunds such tax to the purchaser, the serviceman
16 may deduct the amount of the tax so refunded by him to the
17 purchaser from any other Service Use Tax, Service Occupation
18 Tax, retailers' occupation tax or use tax which such
19 serviceman may be required to pay or remit to the Department,
20 as shown by such return, provided that the amount of the tax
21 to be deducted shall previously have been remitted to the
22 Department by such serviceman. If the serviceman shall not
23 previously have remitted the amount of such tax to the
24 Department, he shall be entitled to no deduction hereunder
25 upon refunding such tax to the purchaser.
26 Any serviceman filing a return hereunder shall also
27 include the total tax upon the selling price of tangible
28 personal property purchased for use by him as an incident to
29 a sale of service, and such serviceman shall remit the amount
30 of such tax to the Department when filing such return.
31 If experience indicates such action to be practicable,
32 the Department may prescribe and furnish a combination or
33 joint return which will enable servicemen, who are required
34 to file returns hereunder and also under the Service
-276- LRB9111045EGfg
1 Occupation Tax Act, to furnish all the return information
2 required by both Acts on the one form.
3 Where the serviceman has more than one business
4 registered with the Department under separate registration
5 hereunder, such serviceman shall not file each return that is
6 due as a single return covering all such registered
7 businesses, but shall file separate returns for each such
8 registered business.
9 Beginning January 1, 1990, each month the Department
10 shall pay into the State and Local Tax Reform Fund, a special
11 fund in the State Treasury, the net revenue realized for the
12 preceding month from the 1% tax on sales of food for human
13 consumption which is to be consumed off the premises where it
14 is sold (other than alcoholic beverages, soft drinks and food
15 which has been prepared for immediate consumption) and
16 prescription and nonprescription medicines, drugs, medical
17 appliances and insulin, urine testing materials, syringes and
18 needles used by diabetics.
19 Beginning January 1, 1990, each month the Department
20 shall pay into the State and Local Sales Tax Reform Fund 20%
21 of the net revenue realized for the preceding month from the
22 6.25% general rate on transfers of tangible personal
23 property, other than tangible personal property which is
24 purchased outside Illinois at retail from a retailer and
25 which is titled or registered by an agency of this State's
26 government.
27 Of the remainder of the moneys received by the Department
28 pursuant to this Act, (a) 1.75% thereof shall be paid into
29 the Build Illinois Fund and (b) prior to July 1, 1989, 2.2%
30 and on and after July 1, 1989, 3.8% thereof shall be paid
31 into the Build Illinois Fund; provided, however, that if in
32 any fiscal year the sum of (1) the aggregate of 2.2% or 3.8%,
33 as the case may be, of the moneys received by the Department
34 and required to be paid into the Build Illinois Fund pursuant
-277- LRB9111045EGfg
1 to Section 3 of the Retailers' Occupation Tax Act, Section 9
2 of the Use Tax Act, Section 9 of the Service Use Tax Act, and
3 Section 9 of the Service Occupation Tax Act, such Acts being
4 hereinafter called the "Tax Acts" and such aggregate of 2.2%
5 or 3.8%, as the case may be, of moneys being hereinafter
6 called the "Tax Act Amount", and (2) the amount transferred
7 to the Build Illinois Fund from the State and Local Sales Tax
8 Reform Fund shall be less than the Annual Specified Amount
9 (as defined in Section 3 of the Retailers' Occupation Tax
10 Act), an amount equal to the difference shall be immediately
11 paid into the Build Illinois Fund from other moneys received
12 by the Department pursuant to the Tax Acts; and further
13 provided, that if on the last business day of any month the
14 sum of (1) the Tax Act Amount required to be deposited into
15 the Build Illinois Bond Account in the Build Illinois Fund
16 during such month and (2) the amount transferred during such
17 month to the Build Illinois Fund from the State and Local
18 Sales Tax Reform Fund shall have been less than 1/12 of the
19 Annual Specified Amount, an amount equal to the difference
20 shall be immediately paid into the Build Illinois Fund from
21 other moneys received by the Department pursuant to the Tax
22 Acts; and, further provided, that in no event shall the
23 payments required under the preceding proviso result in
24 aggregate payments into the Build Illinois Fund pursuant to
25 this clause (b) for any fiscal year in excess of the greater
26 of (i) the Tax Act Amount or (ii) the Annual Specified Amount
27 for such fiscal year; and, further provided, that the amounts
28 payable into the Build Illinois Fund under this clause (b)
29 shall be payable only until such time as the aggregate amount
30 on deposit under each trust indenture securing Bonds issued
31 and outstanding pursuant to the Build Illinois Bond Act is
32 sufficient, taking into account any future investment income,
33 to fully provide, in accordance with such indenture, for the
34 defeasance of or the payment of the principal of, premium, if
-278- LRB9111045EGfg
1 any, and interest on the Bonds secured by such indenture and
2 on any Bonds expected to be issued thereafter and all fees
3 and costs payable with respect thereto, all as certified by
4 the Director of the Bureau of the Budget. If on the last
5 business day of any month in which Bonds are outstanding
6 pursuant to the Build Illinois Bond Act, the aggregate of the
7 moneys deposited in the Build Illinois Bond Account in the
8 Build Illinois Fund in such month shall be less than the
9 amount required to be transferred in such month from the
10 Build Illinois Bond Account to the Build Illinois Bond
11 Retirement and Interest Fund pursuant to Section 13 of the
12 Build Illinois Bond Act, an amount equal to such deficiency
13 shall be immediately paid from other moneys received by the
14 Department pursuant to the Tax Acts to the Build Illinois
15 Fund; provided, however, that any amounts paid to the Build
16 Illinois Fund in any fiscal year pursuant to this sentence
17 shall be deemed to constitute payments pursuant to clause (b)
18 of the preceding sentence and shall reduce the amount
19 otherwise payable for such fiscal year pursuant to clause (b)
20 of the preceding sentence. The moneys received by the
21 Department pursuant to this Act and required to be deposited
22 into the Build Illinois Fund are subject to the pledge, claim
23 and charge set forth in Section 12 of the Build Illinois Bond
24 Act.
25 Subject to payment of amounts into the Build Illinois
26 Fund as provided in the preceding paragraph or in any
27 amendment thereto hereafter enacted, the following specified
28 monthly installment of the amount requested in the
29 certificate of the Chairman of the Metropolitan Pier and
30 Exposition Authority provided under Section 8.25f of the
31 State Finance Act, but not in excess of the sums designated
32 as "Total Deposit", shall be deposited in the aggregate from
33 collections under Section 9 of the Use Tax Act, Section 9 of
34 the Service Use Tax Act, Section 9 of the Service Occupation
-279- LRB9111045EGfg
1 Tax Act, and Section 3 of the Retailers' Occupation Tax Act
2 into the McCormick Place Expansion Project Fund in the
3 specified fiscal years.
4 Fiscal Year Total Deposit
5 1993 $0
6 1994 53,000,000
7 1995 58,000,000
8 1996 61,000,000
9 1997 64,000,000
10 1998 68,000,000
11 1999 71,000,000
12 2000 75,000,000
13 2001 80,000,000
14 2002 84,000,000
15 2003 89,000,000
16 2004 93,000,000
17 2005 97,000,000
18 2006 102,000,000
19 2007 108,000,000
20 2008 115,000,000
21 2009 120,000,000
22 2010 126,000,000
23 2011 132,000,000
24 2012 138,000,000
25 2013 and 145,000,000
26 each fiscal year
27 thereafter that bonds
28 are outstanding under
29 Section 13.2 of the
30 Metropolitan Pier and
31 Exposition Authority Act,
32 but not after fiscal year 2029.
33 Beginning July 20, 1993 and in each month of each fiscal
34 year thereafter, one-eighth of the amount requested in the
-280- LRB9111045EGfg
1 certificate of the Chairman of the Metropolitan Pier and
2 Exposition Authority for that fiscal year, less the amount
3 deposited into the McCormick Place Expansion Project Fund by
4 the State Treasurer in the respective month under subsection
5 (g) of Section 13 of the Metropolitan Pier and Exposition
6 Authority Act, plus cumulative deficiencies in the deposits
7 required under this Section for previous months and years,
8 shall be deposited into the McCormick Place Expansion Project
9 Fund, until the full amount requested for the fiscal year,
10 but not in excess of the amount specified above as "Total
11 Deposit", has been deposited.
12 Subject to payment of amounts into the Build Illinois
13 Fund and the McCormick Place Expansion Project Fund pursuant
14 to the preceding paragraphs or in any amendment thereto
15 hereafter enacted, each month the Department shall pay into
16 the Local Government Distributive Fund 0.4% of the net
17 revenue realized for the preceding month from the 5% general
18 rate or 0.4% of 80% of the net revenue realized for the
19 preceding month from the 6.25% general rate, as the case may
20 be, on the selling price of tangible personal property which
21 amount shall, subject to appropriation, be distributed as
22 provided in Section 2 of the State Revenue Sharing Act. No
23 payments or distributions pursuant to this paragraph shall be
24 made if the tax imposed by this Act on photo processing
25 products is declared unconstitutional, or if the proceeds
26 from such tax are unavailable for distribution because of
27 litigation.
28 Subject to payment of amounts into the Build Illinois
29 Fund, the McCormick Place Expansion Project Fund, and the
30 Local Government Distributive Fund pursuant to the preceding
31 paragraphs or in any amendments thereto hereafter enacted,
32 beginning July 1, 1993, the Department shall each month pay
33 into the Illinois Tax Increment Fund 0.27% of 80% of the net
34 revenue realized for the preceding month from the 6.25%
-281- LRB9111045EGfg
1 general rate on the selling price of tangible personal
2 property.
3 All remaining moneys received by the Department pursuant
4 to this Act shall be paid into the General Revenue Fund of
5 the State Treasury.
6 As soon as possible after the first day of each month,
7 upon certification of the Department of Revenue, the
8 Comptroller shall order transferred and the Treasurer shall
9 transfer from the General Revenue Fund to the Motor Fuel Tax
10 Fund an amount equal to 1.7% of 80% of the net revenue
11 realized under this Act for the second preceding month.
12 Beginning April 1, 2000, this transfer is no longer required
13 and shall not be made.
14 Net revenue realized for a month shall be the revenue
15 collected by the State pursuant to this Act, less the amount
16 paid out during that month as refunds to taxpayers for
17 overpayment of liability.
18 (Source: P.A. 90-612, eff. 7-8-98; 91-37, eff. 7-1-99; 91-51,
19 eff. 6-30-99; 91-101, eff. 7-12-99; 91-541, eff. 8-13-99;
20 revised 9-27-99.)
21 Section 35. The Service Occupation Tax Act is amended by
22 changing Sections 3-5 and 9 as follows:
23 (35 ILCS 115/3-5) (from Ch. 120, par. 439.103-5)
24 Sec. 3-5. Exemptions. The following tangible personal
25 property is exempt from the tax imposed by this Act:
26 (1) Personal property sold by a corporation, society,
27 association, foundation, institution, or organization, other
28 than a limited liability company, that is organized and
29 operated as a not-for-profit service enterprise for the
30 benefit of persons 65 years of age or older if the personal
31 property was not purchased by the enterprise for the purpose
32 of resale by the enterprise.
-282- LRB9111045EGfg
1 (2) Personal property purchased by a not-for-profit
2 Illinois county fair association for use in conducting,
3 operating, or promoting the county fair.
4 (3) Personal property purchased by any not-for-profit
5 arts or cultural organization that establishes, by proof
6 required by the Department by rule, that it has received an
7 exemption under Section 501(c)(3) of the Internal Revenue
8 Code and that is organized and operated for the presentation
9 or support of arts or cultural programming, activities, or
10 services. These organizations include, but are not limited
11 to, music and dramatic arts organizations such as symphony
12 orchestras and theatrical groups, arts and cultural service
13 organizations, local arts councils, visual arts
14 organizations, and media arts organizations.
15 (4) Legal tender, currency, medallions, or gold or
16 silver coinage issued by the State of Illinois, the
17 government of the United States of America, or the government
18 of any foreign country, and bullion.
19 (5) Graphic arts machinery and equipment, including
20 repair and replacement parts, both new and used, and
21 including that manufactured on special order or purchased for
22 lease, certified by the purchaser to be used primarily for
23 graphic arts production.
24 (6) Personal property sold by a teacher-sponsored
25 student organization affiliated with an elementary or
26 secondary school located in Illinois.
27 (7) Farm machinery and equipment, both new and used,
28 including that manufactured on special order, certified by
29 the purchaser to be used primarily for production agriculture
30 or State or federal agricultural programs, including
31 individual replacement parts for the machinery and equipment,
32 including machinery and equipment purchased for lease, and
33 including implements of husbandry defined in Section 1-130 of
34 the Illinois Vehicle Code, farm machinery and agricultural
-283- LRB9111045EGfg
1 chemical and fertilizer spreaders, and nurse wagons required
2 to be registered under Section 3-809 of the Illinois Vehicle
3 Code, but excluding other motor vehicles required to be
4 registered under the Illinois Vehicle Code. Horticultural
5 polyhouses or hoop houses used for propagating, growing, or
6 overwintering plants shall be considered farm machinery and
7 equipment under this item (7). Agricultural chemical tender
8 tanks and dry boxes shall include units sold separately from
9 a motor vehicle required to be licensed and units sold
10 mounted on a motor vehicle required to be licensed if the
11 selling price of the tender is separately stated.
12 Farm machinery and equipment shall include precision
13 farming equipment that is installed or purchased to be
14 installed on farm machinery and equipment including, but not
15 limited to, tractors, harvesters, sprayers, planters,
16 seeders, or spreaders. Precision farming equipment includes,
17 but is not limited to, soil testing sensors, computers,
18 monitors, software, global positioning and mapping systems,
19 and other such equipment.
20 Farm machinery and equipment also includes computers,
21 sensors, software, and related equipment used primarily in
22 the computer-assisted operation of production agriculture
23 facilities, equipment, and activities such as, but not
24 limited to, the collection, monitoring, and correlation of
25 animal and crop data for the purpose of formulating animal
26 diets and agricultural chemicals. This item (7) is exempt
27 from the provisions of Section 3-55.
28 (8) Fuel and petroleum products sold to or used by an
29 air common carrier, certified by the carrier to be used for
30 consumption, shipment, or storage in the conduct of its
31 business as an air common carrier, for a flight destined for
32 or returning from a location or locations outside the United
33 States without regard to previous or subsequent domestic
34 stopovers.
-284- LRB9111045EGfg
1 (9) Proceeds of mandatory service charges separately
2 stated on customers' bills for the purchase and consumption
3 of food and beverages, to the extent that the proceeds of the
4 service charge are in fact turned over as tips or as a
5 substitute for tips to the employees who participate directly
6 in preparing, serving, hosting or cleaning up the food or
7 beverage function with respect to which the service charge is
8 imposed.
9 (10) Oil field exploration, drilling, and production
10 equipment, including (i) rigs and parts of rigs, rotary rigs,
11 cable tool rigs, and workover rigs, (ii) pipe and tubular
12 goods, including casing and drill strings, (iii) pumps and
13 pump-jack units, (iv) storage tanks and flow lines, (v) any
14 individual replacement part for oil field exploration,
15 drilling, and production equipment, and (vi) machinery and
16 equipment purchased for lease; but excluding motor vehicles
17 required to be registered under the Illinois Vehicle Code.
18 (11) Photoprocessing machinery and equipment, including
19 repair and replacement parts, both new and used, including
20 that manufactured on special order, certified by the
21 purchaser to be used primarily for photoprocessing, and
22 including photoprocessing machinery and equipment purchased
23 for lease.
24 (12) Coal exploration, mining, offhighway hauling,
25 processing, maintenance, and reclamation equipment, including
26 replacement parts and equipment, and including equipment
27 purchased for lease, but excluding motor vehicles required to
28 be registered under the Illinois Vehicle Code.
29 (13) Food for human consumption that is to be consumed
30 off the premises where it is sold (other than alcoholic
31 beverages, soft drinks and food that has been prepared for
32 immediate consumption) and prescription and non-prescription
33 medicines, drugs, medical appliances, and insulin, urine
34 testing materials, syringes, and needles used by diabetics,
-285- LRB9111045EGfg
1 for human use, when purchased for use by a person receiving
2 medical assistance under Article 5 of the Illinois Public Aid
3 Code who resides in a licensed long-term care facility, as
4 defined in the Nursing Home Care Act.
5 (14) Semen used for artificial insemination of livestock
6 for direct agricultural production.
7 (15) Horses, or interests in horses, registered with and
8 meeting the requirements of any of the Arabian Horse Club
9 Registry of America, Appaloosa Horse Club, American Quarter
10 Horse Association, United States Trotting Association, or
11 Jockey Club, as appropriate, used for purposes of breeding or
12 racing for prizes.
13 (16) Computers and communications equipment utilized for
14 any hospital purpose and equipment used in the diagnosis,
15 analysis, or treatment of hospital patients sold to a lessor
16 who leases the equipment, under a lease of one year or longer
17 executed or in effect at the time of the purchase, to a
18 hospital that has been issued an active tax exemption
19 identification number by the Department under Section 1g of
20 the Retailers' Occupation Tax Act.
21 (17) Personal property sold to a lessor who leases the
22 property, under a lease of one year or longer executed or in
23 effect at the time of the purchase, to a governmental body
24 that has been issued an active tax exemption identification
25 number by the Department under Section 1g of the Retailers'
26 Occupation Tax Act.
27 (18) Beginning with taxable years ending on or after
28 December 31, 1995 and ending with taxable years ending on or
29 before December 31, 2004, personal property that is donated
30 for disaster relief to be used in a State or federally
31 declared disaster area in Illinois or bordering Illinois by a
32 manufacturer or retailer that is registered in this State to
33 a corporation, society, association, foundation, or
34 institution that has been issued a sales tax exemption
-286- LRB9111045EGfg
1 identification number by the Department that assists victims
2 of the disaster who reside within the declared disaster area.
3 (19) Beginning with taxable years ending on or after
4 December 31, 1995 and ending with taxable years ending on or
5 before December 31, 2004, personal property that is used in
6 the performance of infrastructure repairs in this State,
7 including but not limited to municipal roads and streets,
8 access roads, bridges, sidewalks, waste disposal systems,
9 water and sewer line extensions, water distribution and
10 purification facilities, storm water drainage and retention
11 facilities, and sewage treatment facilities, resulting from a
12 State or federally declared disaster in Illinois or bordering
13 Illinois when such repairs are initiated on facilities
14 located in the declared disaster area within 6 months after
15 the disaster.
16 (20) Beginning July 1, 1999, game or game birds sold at
17 a "game breeding and hunting preserve area" or an "exotic
18 game hunting area" as those terms are used in the Wildlife
19 Code or at a hunting enclosure approved through rules adopted
20 by the Department of Natural Resources. This paragraph is
21 exempt from the provisions of Section 3-55.
22 (21) (20) A motor vehicle, as that term is defined in
23 Section 1-146 of the Illinois Vehicle Code, that is donated
24 to a corporation, limited liability company, society,
25 association, foundation, or institution that is determined by
26 the Department to be organized and operated exclusively for
27 educational purposes. For purposes of this exemption, "a
28 corporation, limited liability company, society, association,
29 foundation, or institution organized and operated exclusively
30 for educational purposes" means all tax-supported public
31 schools, private schools that offer systematic instruction in
32 useful branches of learning by methods common to public
33 schools and that compare favorably in their scope and
34 intensity with the course of study presented in tax-supported
-287- LRB9111045EGfg
1 schools, and vocational or technical schools or institutes
2 organized and operated exclusively to provide a course of
3 study of not less than 6 weeks duration and designed to
4 prepare individuals to follow a trade or to pursue a manual,
5 technical, mechanical, industrial, business, or commercial
6 occupation.
7 (22) (21) Beginning January 1, 2000, personal property,
8 including food, purchased through fundraising events for the
9 benefit of a public or private elementary or secondary
10 school, a group of those schools, or one or more school
11 districts if the events are sponsored by an entity recognized
12 by the school district that consists primarily of volunteers
13 and includes parents and teachers of the school children.
14 This paragraph does not apply to fundraising events (i) for
15 the benefit of private home instruction or (ii) for which the
16 fundraising entity purchases the personal property sold at
17 the events from another individual or entity that sold the
18 property for the purpose of resale by the fundraising entity
19 and that profits from the sale to the fundraising entity.
20 This paragraph is exempt from the provisions of Section 3-55.
21 (23) (20) Beginning January 1, 2000, new or used
22 automatic vending machines that prepare and serve hot food
23 and beverages, including coffee, soup, and other items, and
24 replacement parts for these machines. This paragraph is
25 exempt from the provisions of Section 3-55.
26 (Source: P.A. 90-14, eff. 7-1-97; 90-552, eff. 12-12-97;
27 90-605, eff. 6-30-98; 91-51, eff. 6-30-99; 91-200, eff.
28 7-20-99; 91-439, eff. 8-6-99; 91-533, eff. 8-13-99; 91-637,
29 eff. 8-20-99; 91-644, eff. 8-20-99; revised 9-29-99.)
30 (35 ILCS 115/9) (from Ch. 120, par. 439.109)
31 Sec. 9. Each serviceman required or authorized to
32 collect the tax herein imposed shall pay to the Department
33 the amount of such tax at the time when he is required to
-288- LRB9111045EGfg
1 file his return for the period during which such tax was
2 collectible, less a discount of 2.1% prior to January 1,
3 1990, and 1.75% on and after January 1, 1990, or $5 per
4 calendar year, whichever is greater, which is allowed to
5 reimburse the serviceman for expenses incurred in collecting
6 the tax, keeping records, preparing and filing returns,
7 remitting the tax and supplying data to the Department on
8 request.
9 Where such tangible personal property is sold under a
10 conditional sales contract, or under any other form of sale
11 wherein the payment of the principal sum, or a part thereof,
12 is extended beyond the close of the period for which the
13 return is filed, the serviceman, in collecting the tax may
14 collect, for each tax return period, only the tax applicable
15 to the part of the selling price actually received during
16 such tax return period.
17 Except as provided hereinafter in this Section, on or
18 before the twentieth day of each calendar month, such
19 serviceman shall file a return for the preceding calendar
20 month in accordance with reasonable rules and regulations to
21 be promulgated by the Department of Revenue. Such return
22 shall be filed on a form prescribed by the Department and
23 shall contain such information as the Department may
24 reasonably require.
25 The Department may require returns to be filed on a
26 quarterly basis. If so required, a return for each calendar
27 quarter shall be filed on or before the twentieth day of the
28 calendar month following the end of such calendar quarter.
29 The taxpayer shall also file a return with the Department for
30 each of the first two months of each calendar quarter, on or
31 before the twentieth day of the following calendar month,
32 stating:
33 1. The name of the seller;
34 2. The address of the principal place of business
-289- LRB9111045EGfg
1 from which he engages in business as a serviceman in this
2 State;
3 3. The total amount of taxable receipts received by
4 him during the preceding calendar month, including
5 receipts from charge and time sales, but less all
6 deductions allowed by law;
7 4. The amount of credit provided in Section 2d of
8 this Act;
9 5. The amount of tax due;
10 5-5. The signature of the taxpayer; and
11 6. Such other reasonable information as the
12 Department may require.
13 If a taxpayer fails to sign a return within 30 days after
14 the proper notice and demand for signature by the Department,
15 the return shall be considered valid and any amount shown to
16 be due on the return shall be deemed assessed.
17 A serviceman may accept a Manufacturer's Purchase Credit
18 certification from a purchaser in satisfaction of Service Use
19 Tax as provided in Section 3-70 of the Service Use Tax Act if
20 the purchaser provides the appropriate documentation as
21 required by Section 3-70 of the Service Use Tax Act. A
22 Manufacturer's Purchase Credit certification, accepted by a
23 serviceman as provided in Section 3-70 of the Service Use Tax
24 Act, may be used by that serviceman to satisfy Service
25 Occupation Tax liability in the amount claimed in the
26 certification, not to exceed 6.25% of the receipts subject to
27 tax from a qualifying purchase.
28 If the serviceman's average monthly tax liability to the
29 Department does not exceed $200, the Department may authorize
30 his returns to be filed on a quarter annual basis, with the
31 return for January, February and March of a given year being
32 due by April 20 of such year; with the return for April, May
33 and June of a given year being due by July 20 of such year;
34 with the return for July, August and September of a given
-290- LRB9111045EGfg
1 year being due by October 20 of such year, and with the
2 return for October, November and December of a given year
3 being due by January 20 of the following year.
4 If the serviceman's average monthly tax liability to the
5 Department does not exceed $50, the Department may authorize
6 his returns to be filed on an annual basis, with the return
7 for a given year being due by January 20 of the following
8 year.
9 Such quarter annual and annual returns, as to form and
10 substance, shall be subject to the same requirements as
11 monthly returns.
12 Notwithstanding any other provision in this Act
13 concerning the time within which a serviceman may file his
14 return, in the case of any serviceman who ceases to engage in
15 a kind of business which makes him responsible for filing
16 returns under this Act, such serviceman shall file a final
17 return under this Act with the Department not more than 1
18 month after discontinuing such business.
19 Beginning October 1, 1993, a taxpayer who has an average
20 monthly tax liability of $150,000 or more shall make all
21 payments required by rules of the Department by electronic
22 funds transfer. Beginning October 1, 1994, a taxpayer who
23 has an average monthly tax liability of $100,000 or more
24 shall make all payments required by rules of the Department
25 by electronic funds transfer. Beginning October 1, 1995, a
26 taxpayer who has an average monthly tax liability of $50,000
27 or more shall make all payments required by rules of the
28 Department by electronic funds transfer. Beginning October
29 1, 2000, a taxpayer who has an annual tax liability of
30 $200,000 or more shall make all payments required by rules of
31 the Department by electronic funds transfer. The term
32 "annual tax liability" shall be the sum of the taxpayer's
33 liabilities under this Act, and under all other State and
34 local occupation and use tax laws administered by the
-291- LRB9111045EGfg
1 Department, for the immediately preceding calendar year. The
2 term "average monthly tax liability" means the sum of the
3 taxpayer's liabilities under this Act, and under all other
4 State and local occupation and use tax laws administered by
5 the Department, for the immediately preceding calendar year
6 divided by 12.
7 Before August 1 of each year beginning in 1993, the
8 Department shall notify all taxpayers required to make
9 payments by electronic funds transfer. All taxpayers
10 required to make payments by electronic funds transfer shall
11 make those payments for a minimum of one year beginning on
12 October 1.
13 Any taxpayer not required to make payments by electronic
14 funds transfer may make payments by electronic funds transfer
15 with the permission of the Department.
16 All taxpayers required to make payment by electronic
17 funds transfer and any taxpayers authorized to voluntarily
18 make payments by electronic funds transfer shall make those
19 payments in the manner authorized by the Department.
20 The Department shall adopt such rules as are necessary to
21 effectuate a program of electronic funds transfer and the
22 requirements of this Section.
23 Where a serviceman collects the tax with respect to the
24 selling price of tangible personal property which he sells
25 and the purchaser thereafter returns such tangible personal
26 property and the serviceman refunds the selling price thereof
27 to the purchaser, such serviceman shall also refund, to the
28 purchaser, the tax so collected from the purchaser. When
29 filing his return for the period in which he refunds such tax
30 to the purchaser, the serviceman may deduct the amount of the
31 tax so refunded by him to the purchaser from any other
32 Service Occupation Tax, Service Use Tax, Retailers'
33 Occupation Tax or Use Tax which such serviceman may be
34 required to pay or remit to the Department, as shown by such
-292- LRB9111045EGfg
1 return, provided that the amount of the tax to be deducted
2 shall previously have been remitted to the Department by such
3 serviceman. If the serviceman shall not previously have
4 remitted the amount of such tax to the Department, he shall
5 be entitled to no deduction hereunder upon refunding such tax
6 to the purchaser.
7 If experience indicates such action to be practicable,
8 the Department may prescribe and furnish a combination or
9 joint return which will enable servicemen, who are required
10 to file returns hereunder and also under the Retailers'
11 Occupation Tax Act, the Use Tax Act or the Service Use Tax
12 Act, to furnish all the return information required by all
13 said Acts on the one form.
14 Where the serviceman has more than one business
15 registered with the Department under separate registrations
16 hereunder, such serviceman shall file separate returns for
17 each registered business.
18 Beginning January 1, 1990, each month the Department
19 shall pay into the Local Government Tax Fund the revenue
20 realized for the preceding month from the 1% tax on sales of
21 food for human consumption which is to be consumed off the
22 premises where it is sold (other than alcoholic beverages,
23 soft drinks and food which has been prepared for immediate
24 consumption) and prescription and nonprescription medicines,
25 drugs, medical appliances and insulin, urine testing
26 materials, syringes and needles used by diabetics.
27 Beginning January 1, 1990, each month the Department
28 shall pay into the County and Mass Transit District Fund 4%
29 of the revenue realized for the preceding month from the
30 6.25% general rate.
31 Beginning January 1, 1990, each month the Department
32 shall pay into the Local Government Tax Fund 16% of the
33 revenue realized for the preceding month from the 6.25%
34 general rate on transfers of tangible personal property.
-293- LRB9111045EGfg
1 Of the remainder of the moneys received by the Department
2 pursuant to this Act, (a) 1.75% thereof shall be paid into
3 the Build Illinois Fund and (b) prior to July 1, 1989, 2.2%
4 and on and after July 1, 1989, 3.8% thereof shall be paid
5 into the Build Illinois Fund; provided, however, that if in
6 any fiscal year the sum of (1) the aggregate of 2.2% or 3.8%,
7 as the case may be, of the moneys received by the Department
8 and required to be paid into the Build Illinois Fund pursuant
9 to Section 3 of the Retailers' Occupation Tax Act, Section 9
10 of the Use Tax Act, Section 9 of the Service Use Tax Act, and
11 Section 9 of the Service Occupation Tax Act, such Acts being
12 hereinafter called the "Tax Acts" and such aggregate of 2.2%
13 or 3.8%, as the case may be, of moneys being hereinafter
14 called the "Tax Act Amount", and (2) the amount transferred
15 to the Build Illinois Fund from the State and Local Sales Tax
16 Reform Fund shall be less than the Annual Specified Amount
17 (as defined in Section 3 of the Retailers' Occupation Tax
18 Act), an amount equal to the difference shall be immediately
19 paid into the Build Illinois Fund from other moneys received
20 by the Department pursuant to the Tax Acts; and further
21 provided, that if on the last business day of any month the
22 sum of (1) the Tax Act Amount required to be deposited into
23 the Build Illinois Account in the Build Illinois Fund during
24 such month and (2) the amount transferred during such month
25 to the Build Illinois Fund from the State and Local Sales Tax
26 Reform Fund shall have been less than 1/12 of the Annual
27 Specified Amount, an amount equal to the difference shall be
28 immediately paid into the Build Illinois Fund from other
29 moneys received by the Department pursuant to the Tax Acts;
30 and, further provided, that in no event shall the payments
31 required under the preceding proviso result in aggregate
32 payments into the Build Illinois Fund pursuant to this clause
33 (b) for any fiscal year in excess of the greater of (i) the
34 Tax Act Amount or (ii) the Annual Specified Amount for such
-294- LRB9111045EGfg
1 fiscal year; and, further provided, that the amounts payable
2 into the Build Illinois Fund under this clause (b) shall be
3 payable only until such time as the aggregate amount on
4 deposit under each trust indenture securing Bonds issued and
5 outstanding pursuant to the Build Illinois Bond Act is
6 sufficient, taking into account any future investment income,
7 to fully provide, in accordance with such indenture, for the
8 defeasance of or the payment of the principal of, premium, if
9 any, and interest on the Bonds secured by such indenture and
10 on any Bonds expected to be issued thereafter and all fees
11 and costs payable with respect thereto, all as certified by
12 the Director of the Bureau of the Budget. If on the last
13 business day of any month in which Bonds are outstanding
14 pursuant to the Build Illinois Bond Act, the aggregate of the
15 moneys deposited in the Build Illinois Bond Account in the
16 Build Illinois Fund in such month shall be less than the
17 amount required to be transferred in such month from the
18 Build Illinois Bond Account to the Build Illinois Bond
19 Retirement and Interest Fund pursuant to Section 13 of the
20 Build Illinois Bond Act, an amount equal to such deficiency
21 shall be immediately paid from other moneys received by the
22 Department pursuant to the Tax Acts to the Build Illinois
23 Fund; provided, however, that any amounts paid to the Build
24 Illinois Fund in any fiscal year pursuant to this sentence
25 shall be deemed to constitute payments pursuant to clause (b)
26 of the preceding sentence and shall reduce the amount
27 otherwise payable for such fiscal year pursuant to clause (b)
28 of the preceding sentence. The moneys received by the
29 Department pursuant to this Act and required to be deposited
30 into the Build Illinois Fund are subject to the pledge, claim
31 and charge set forth in Section 12 of the Build Illinois Bond
32 Act.
33 Subject to payment of amounts into the Build Illinois
34 Fund as provided in the preceding paragraph or in any
-295- LRB9111045EGfg
1 amendment thereto hereafter enacted, the following specified
2 monthly installment of the amount requested in the
3 certificate of the Chairman of the Metropolitan Pier and
4 Exposition Authority provided under Section 8.25f of the
5 State Finance Act, but not in excess of the sums designated
6 as "Total Deposit", shall be deposited in the aggregate from
7 collections under Section 9 of the Use Tax Act, Section 9 of
8 the Service Use Tax Act, Section 9 of the Service Occupation
9 Tax Act, and Section 3 of the Retailers' Occupation Tax Act
10 into the McCormick Place Expansion Project Fund in the
11 specified fiscal years.
12 Fiscal Year Total Deposit
13 1993 $0
14 1994 53,000,000
15 1995 58,000,000
16 1996 61,000,000
17 1997 64,000,000
18 1998 68,000,000
19 1999 71,000,000
20 2000 75,000,000
21 2001 80,000,000
22 2002 84,000,000
23 2003 89,000,000
24 2004 93,000,000
25 2005 97,000,000
26 2006 102,000,000
27 2007 108,000,000
28 2008 115,000,000
29 2009 120,000,000
30 2010 126,000,000
31 2011 132,000,000
32 2012 138,000,000
33 2013 and 145,000,000
34 each fiscal year
-296- LRB9111045EGfg
1 thereafter that bonds
2 are outstanding under
3 Section 13.2 of the
4 Metropolitan Pier and
5 Exposition Authority
6 Act, but not after fiscal year 2029.
7 Beginning July 20, 1993 and in each month of each fiscal
8 year thereafter, one-eighth of the amount requested in the
9 certificate of the Chairman of the Metropolitan Pier and
10 Exposition Authority for that fiscal year, less the amount
11 deposited into the McCormick Place Expansion Project Fund by
12 the State Treasurer in the respective month under subsection
13 (g) of Section 13 of the Metropolitan Pier and Exposition
14 Authority Act, plus cumulative deficiencies in the deposits
15 required under this Section for previous months and years,
16 shall be deposited into the McCormick Place Expansion Project
17 Fund, until the full amount requested for the fiscal year,
18 but not in excess of the amount specified above as "Total
19 Deposit", has been deposited.
20 Subject to payment of amounts into the Build Illinois
21 Fund and the McCormick Place Expansion Project Fund pursuant
22 to the preceding paragraphs or in any amendment thereto
23 hereafter enacted, each month the Department shall pay into
24 the Local Government Distributive Fund 0.4% of the net
25 revenue realized for the preceding month from the 5% general
26 rate or 0.4% of 80% of the net revenue realized for the
27 preceding month from the 6.25% general rate, as the case may
28 be, on the selling price of tangible personal property which
29 amount shall, subject to appropriation, be distributed as
30 provided in Section 2 of the State Revenue Sharing Act. No
31 payments or distributions pursuant to this paragraph shall be
32 made if the tax imposed by this Act on photoprocessing
33 products is declared unconstitutional, or if the proceeds
34 from such tax are unavailable for distribution because of
-297- LRB9111045EGfg
1 litigation.
2 Subject to payment of amounts into the Build Illinois
3 Fund, the McCormick Place Expansion Project Fund, and the
4 Local Government Distributive Fund pursuant to the preceding
5 paragraphs or in any amendments thereto hereafter enacted,
6 beginning July 1, 1993, the Department shall each month pay
7 into the Illinois Tax Increment Fund 0.27% of 80% of the net
8 revenue realized for the preceding month from the 6.25%
9 general rate on the selling price of tangible personal
10 property.
11 Remaining moneys received by the Department pursuant to
12 this Act shall be paid into the General Revenue Fund of the
13 State Treasury.
14 The Department may, upon separate written notice to a
15 taxpayer, require the taxpayer to prepare and file with the
16 Department on a form prescribed by the Department within not
17 less than 60 days after receipt of the notice an annual
18 information return for the tax year specified in the notice.
19 Such annual return to the Department shall include a
20 statement of gross receipts as shown by the taxpayer's last
21 Federal income tax return. If the total receipts of the
22 business as reported in the Federal income tax return do not
23 agree with the gross receipts reported to the Department of
24 Revenue for the same period, the taxpayer shall attach to his
25 annual return a schedule showing a reconciliation of the 2
26 amounts and the reasons for the difference. The taxpayer's
27 annual return to the Department shall also disclose the cost
28 of goods sold by the taxpayer during the year covered by such
29 return, opening and closing inventories of such goods for
30 such year, cost of goods used from stock or taken from stock
31 and given away by the taxpayer during such year, pay roll
32 information of the taxpayer's business during such year and
33 any additional reasonable information which the Department
34 deems would be helpful in determining the accuracy of the
-298- LRB9111045EGfg
1 monthly, quarterly or annual returns filed by such taxpayer
2 as hereinbefore provided for in this Section.
3 If the annual information return required by this Section
4 is not filed when and as required, the taxpayer shall be
5 liable as follows:
6 (i) Until January 1, 1994, the taxpayer shall be
7 liable for a penalty equal to 1/6 of 1% of the tax due
8 from such taxpayer under this Act during the period to be
9 covered by the annual return for each month or fraction
10 of a month until such return is filed as required, the
11 penalty to be assessed and collected in the same manner
12 as any other penalty provided for in this Act.
13 (ii) On and after January 1, 1994, the taxpayer
14 shall be liable for a penalty as described in Section 3-4
15 of the Uniform Penalty and Interest Act.
16 The chief executive officer, proprietor, owner or highest
17 ranking manager shall sign the annual return to certify the
18 accuracy of the information contained therein. Any person
19 who willfully signs the annual return containing false or
20 inaccurate information shall be guilty of perjury and
21 punished accordingly. The annual return form prescribed by
22 the Department shall include a warning that the person
23 signing the return may be liable for perjury.
24 The foregoing portion of this Section concerning the
25 filing of an annual information return shall not apply to a
26 serviceman who is not required to file an income tax return
27 with the United States Government.
28 As soon as possible after the first day of each month,
29 upon certification of the Department of Revenue, the
30 Comptroller shall order transferred and the Treasurer shall
31 transfer from the General Revenue Fund to the Motor Fuel Tax
32 Fund an amount equal to 1.7% of 80% of the net revenue
33 realized under this Act for the second preceding month.
34 Beginning April 1, 2000, this transfer is no longer required
-299- LRB9111045EGfg
1 and shall not be made.
2 Net revenue realized for a month shall be the revenue
3 collected by the State pursuant to this Act, less the amount
4 paid out during that month as refunds to taxpayers for
5 overpayment of liability.
6 For greater simplicity of administration, it shall be
7 permissible for manufacturers, importers and wholesalers
8 whose products are sold by numerous servicemen in Illinois,
9 and who wish to do so, to assume the responsibility for
10 accounting and paying to the Department all tax accruing
11 under this Act with respect to such sales, if the servicemen
12 who are affected do not make written objection to the
13 Department to this arrangement.
14 (Source: P.A. 90-612, eff. 7-8-98; 91-37, eff. 7-1-99; 91-51,
15 eff. 6-30-99; 91-101, eff. 7-12-99; 91-541, eff. 8-13-99;
16 revised 9-28-99.)
17 Section 36. The Retailers' Occupation Tax Act is amended
18 by changing Sections 2-5 and 3 as follows:
19 (35 ILCS 120/2-5) (from Ch. 120, par. 441-5)
20 Sec. 2-5. Exemptions. Gross receipts from proceeds from
21 the sale of the following tangible personal property are
22 exempt from the tax imposed by this Act:
23 (1) Farm chemicals.
24 (2) Farm machinery and equipment, both new and used,
25 including that manufactured on special order, certified by
26 the purchaser to be used primarily for production agriculture
27 or State or federal agricultural programs, including
28 individual replacement parts for the machinery and equipment,
29 including machinery and equipment purchased for lease, and
30 including implements of husbandry defined in Section 1-130 of
31 the Illinois Vehicle Code, farm machinery and agricultural
32 chemical and fertilizer spreaders, and nurse wagons required
-300- LRB9111045EGfg
1 to be registered under Section 3-809 of the Illinois Vehicle
2 Code, but excluding other motor vehicles required to be
3 registered under the Illinois Vehicle Code. Horticultural
4 polyhouses or hoop houses used for propagating, growing, or
5 overwintering plants shall be considered farm machinery and
6 equipment under this item (2). Agricultural chemical tender
7 tanks and dry boxes shall include units sold separately from
8 a motor vehicle required to be licensed and units sold
9 mounted on a motor vehicle required to be licensed, if the
10 selling price of the tender is separately stated.
11 Farm machinery and equipment shall include precision
12 farming equipment that is installed or purchased to be
13 installed on farm machinery and equipment including, but not
14 limited to, tractors, harvesters, sprayers, planters,
15 seeders, or spreaders. Precision farming equipment includes,
16 but is not limited to, soil testing sensors, computers,
17 monitors, software, global positioning and mapping systems,
18 and other such equipment.
19 Farm machinery and equipment also includes computers,
20 sensors, software, and related equipment used primarily in
21 the computer-assisted operation of production agriculture
22 facilities, equipment, and activities such as, but not
23 limited to, the collection, monitoring, and correlation of
24 animal and crop data for the purpose of formulating animal
25 diets and agricultural chemicals. This item (7) is exempt
26 from the provisions of Section 2-70.
27 (3) Distillation machinery and equipment, sold as a unit
28 or kit, assembled or installed by the retailer, certified by
29 the user to be used only for the production of ethyl alcohol
30 that will be used for consumption as motor fuel or as a
31 component of motor fuel for the personal use of the user, and
32 not subject to sale or resale.
33 (4) Graphic arts machinery and equipment, including
34 repair and replacement parts, both new and used, and
-301- LRB9111045EGfg
1 including that manufactured on special order or purchased for
2 lease, certified by the purchaser to be used primarily for
3 graphic arts production.
4 (5) A motor vehicle of the first division, a motor
5 vehicle of the second division that is a self-contained motor
6 vehicle designed or permanently converted to provide living
7 quarters for recreational, camping, or travel use, with
8 direct walk through access to the living quarters from the
9 driver's seat, or a motor vehicle of the second division that
10 is of the van configuration designed for the transportation
11 of not less than 7 nor more than 16 passengers, as defined in
12 Section 1-146 of the Illinois Vehicle Code, that is used for
13 automobile renting, as defined in the Automobile Renting
14 Occupation and Use Tax Act.
15 (6) Personal property sold by a teacher-sponsored
16 student organization affiliated with an elementary or
17 secondary school located in Illinois.
18 (7) Proceeds of that portion of the selling price of a
19 passenger car the sale of which is subject to the Replacement
20 Vehicle Tax.
21 (8) Personal property sold to an Illinois county fair
22 association for use in conducting, operating, or promoting
23 the county fair.
24 (9) Personal property sold to a not-for-profit arts or
25 cultural organization that establishes, by proof required by
26 the Department by rule, that it has received an exemption
27 under Section 501(c)(3) of the Internal Revenue Code and that
28 is organized and operated for the presentation or support of
29 arts or cultural programming, activities, or services. These
30 organizations include, but are not limited to, music and
31 dramatic arts organizations such as symphony orchestras and
32 theatrical groups, arts and cultural service organizations,
33 local arts councils, visual arts organizations, and media
34 arts organizations.
-302- LRB9111045EGfg
1 (10) Personal property sold by a corporation, society,
2 association, foundation, institution, or organization, other
3 than a limited liability company, that is organized and
4 operated as a not-for-profit service enterprise for the
5 benefit of persons 65 years of age or older if the personal
6 property was not purchased by the enterprise for the purpose
7 of resale by the enterprise.
8 (11) Personal property sold to a governmental body, to a
9 corporation, society, association, foundation, or institution
10 organized and operated exclusively for charitable, religious,
11 or educational purposes, or to a not-for-profit corporation,
12 society, association, foundation, institution, or
13 organization that has no compensated officers or employees
14 and that is organized and operated primarily for the
15 recreation of persons 55 years of age or older. A limited
16 liability company may qualify for the exemption under this
17 paragraph only if the limited liability company is organized
18 and operated exclusively for educational purposes. On and
19 after July 1, 1987, however, no entity otherwise eligible for
20 this exemption shall make tax-free purchases unless it has an
21 active identification number issued by the Department.
22 (12) Personal property sold to interstate carriers for
23 hire for use as rolling stock moving in interstate commerce
24 or to lessors under leases of one year or longer executed or
25 in effect at the time of purchase by interstate carriers for
26 hire for use as rolling stock moving in interstate commerce
27 and equipment operated by a telecommunications provider,
28 licensed as a common carrier by the Federal Communications
29 Commission, which is permanently installed in or affixed to
30 aircraft moving in interstate commerce.
31 (13) Proceeds from sales to owners, lessors, or shippers
32 of tangible personal property that is utilized by interstate
33 carriers for hire for use as rolling stock moving in
34 interstate commerce and equipment operated by a
-303- LRB9111045EGfg
1 telecommunications provider, licensed as a common carrier by
2 the Federal Communications Commission, which is permanently
3 installed in or affixed to aircraft moving in interstate
4 commerce.
5 (14) Machinery and equipment that will be used by the
6 purchaser, or a lessee of the purchaser, primarily in the
7 process of manufacturing or assembling tangible personal
8 property for wholesale or retail sale or lease, whether the
9 sale or lease is made directly by the manufacturer or by some
10 other person, whether the materials used in the process are
11 owned by the manufacturer or some other person, or whether
12 the sale or lease is made apart from or as an incident to the
13 seller's engaging in the service occupation of producing
14 machines, tools, dies, jigs, patterns, gauges, or other
15 similar items of no commercial value on special order for a
16 particular purchaser.
17 (15) Proceeds of mandatory service charges separately
18 stated on customers' bills for purchase and consumption of
19 food and beverages, to the extent that the proceeds of the
20 service charge are in fact turned over as tips or as a
21 substitute for tips to the employees who participate directly
22 in preparing, serving, hosting or cleaning up the food or
23 beverage function with respect to which the service charge is
24 imposed.
25 (16) Petroleum products sold to a purchaser if the
26 seller is prohibited by federal law from charging tax to the
27 purchaser.
28 (17) Tangible personal property sold to a common carrier
29 by rail or motor that receives the physical possession of the
30 property in Illinois and that transports the property, or
31 shares with another common carrier in the transportation of
32 the property, out of Illinois on a standard uniform bill of
33 lading showing the seller of the property as the shipper or
34 consignor of the property to a destination outside Illinois,
-304- LRB9111045EGfg
1 for use outside Illinois.
2 (18) Legal tender, currency, medallions, or gold or
3 silver coinage issued by the State of Illinois, the
4 government of the United States of America, or the government
5 of any foreign country, and bullion.
6 (19) Oil field exploration, drilling, and production
7 equipment, including (i) rigs and parts of rigs, rotary rigs,
8 cable tool rigs, and workover rigs, (ii) pipe and tubular
9 goods, including casing and drill strings, (iii) pumps and
10 pump-jack units, (iv) storage tanks and flow lines, (v) any
11 individual replacement part for oil field exploration,
12 drilling, and production equipment, and (vi) machinery and
13 equipment purchased for lease; but excluding motor vehicles
14 required to be registered under the Illinois Vehicle Code.
15 (20) Photoprocessing machinery and equipment, including
16 repair and replacement parts, both new and used, including
17 that manufactured on special order, certified by the
18 purchaser to be used primarily for photoprocessing, and
19 including photoprocessing machinery and equipment purchased
20 for lease.
21 (21) Coal exploration, mining, offhighway hauling,
22 processing, maintenance, and reclamation equipment, including
23 replacement parts and equipment, and including equipment
24 purchased for lease, but excluding motor vehicles required to
25 be registered under the Illinois Vehicle Code.
26 (22) Fuel and petroleum products sold to or used by an
27 air carrier, certified by the carrier to be used for
28 consumption, shipment, or storage in the conduct of its
29 business as an air common carrier, for a flight destined for
30 or returning from a location or locations outside the United
31 States without regard to previous or subsequent domestic
32 stopovers.
33 (23) A transaction in which the purchase order is
34 received by a florist who is located outside Illinois, but
-305- LRB9111045EGfg
1 who has a florist located in Illinois deliver the property to
2 the purchaser or the purchaser's donee in Illinois.
3 (24) Fuel consumed or used in the operation of ships,
4 barges, or vessels that are used primarily in or for the
5 transportation of property or the conveyance of persons for
6 hire on rivers bordering on this State if the fuel is
7 delivered by the seller to the purchaser's barge, ship, or
8 vessel while it is afloat upon that bordering river.
9 (25) A motor vehicle sold in this State to a nonresident
10 even though the motor vehicle is delivered to the nonresident
11 in this State, if the motor vehicle is not to be titled in
12 this State, and if a driveaway decal permit is issued to the
13 motor vehicle as provided in Section 3-603 of the Illinois
14 Vehicle Code or if the nonresident purchaser has vehicle
15 registration plates to transfer to the motor vehicle upon
16 returning to his or her home state. The issuance of the
17 driveaway decal permit or having the out-of-state
18 registration plates to be transferred is prima facie evidence
19 that the motor vehicle will not be titled in this State.
20 (26) Semen used for artificial insemination of livestock
21 for direct agricultural production.
22 (27) Horses, or interests in horses, registered with and
23 meeting the requirements of any of the Arabian Horse Club
24 Registry of America, Appaloosa Horse Club, American Quarter
25 Horse Association, United States Trotting Association, or
26 Jockey Club, as appropriate, used for purposes of breeding or
27 racing for prizes.
28 (28) Computers and communications equipment utilized for
29 any hospital purpose and equipment used in the diagnosis,
30 analysis, or treatment of hospital patients sold to a lessor
31 who leases the equipment, under a lease of one year or longer
32 executed or in effect at the time of the purchase, to a
33 hospital that has been issued an active tax exemption
34 identification number by the Department under Section 1g of
-306- LRB9111045EGfg
1 this Act.
2 (29) Personal property sold to a lessor who leases the
3 property, under a lease of one year or longer executed or in
4 effect at the time of the purchase, to a governmental body
5 that has been issued an active tax exemption identification
6 number by the Department under Section 1g of this Act.
7 (30) Beginning with taxable years ending on or after
8 December 31, 1995 and ending with taxable years ending on or
9 before December 31, 2004, personal property that is donated
10 for disaster relief to be used in a State or federally
11 declared disaster area in Illinois or bordering Illinois by a
12 manufacturer or retailer that is registered in this State to
13 a corporation, society, association, foundation, or
14 institution that has been issued a sales tax exemption
15 identification number by the Department that assists victims
16 of the disaster who reside within the declared disaster area.
17 (31) Beginning with taxable years ending on or after
18 December 31, 1995 and ending with taxable years ending on or
19 before December 31, 2004, personal property that is used in
20 the performance of infrastructure repairs in this State,
21 including but not limited to municipal roads and streets,
22 access roads, bridges, sidewalks, waste disposal systems,
23 water and sewer line extensions, water distribution and
24 purification facilities, storm water drainage and retention
25 facilities, and sewage treatment facilities, resulting from a
26 State or federally declared disaster in Illinois or bordering
27 Illinois when such repairs are initiated on facilities
28 located in the declared disaster area within 6 months after
29 the disaster.
30 (32) Beginning July 1, 1999, game or game birds sold at
31 a "game breeding and hunting preserve area" or an "exotic
32 game hunting area" as those terms are used in the Wildlife
33 Code or at a hunting enclosure approved through rules adopted
34 by the Department of Natural Resources. This paragraph is
-307- LRB9111045EGfg
1 exempt from the provisions of Section 2-70.
2 (33) (32) A motor vehicle, as that term is defined in
3 Section 1-146 of the Illinois Vehicle Code, that is donated
4 to a corporation, limited liability company, society,
5 association, foundation, or institution that is determined by
6 the Department to be organized and operated exclusively for
7 educational purposes. For purposes of this exemption, "a
8 corporation, limited liability company, society, association,
9 foundation, or institution organized and operated exclusively
10 for educational purposes" means all tax-supported public
11 schools, private schools that offer systematic instruction in
12 useful branches of learning by methods common to public
13 schools and that compare favorably in their scope and
14 intensity with the course of study presented in tax-supported
15 schools, and vocational or technical schools or institutes
16 organized and operated exclusively to provide a course of
17 study of not less than 6 weeks duration and designed to
18 prepare individuals to follow a trade or to pursue a manual,
19 technical, mechanical, industrial, business, or commercial
20 occupation.
21 (34) (33) Beginning January 1, 2000, personal property,
22 including food, purchased through fundraising events for the
23 benefit of a public or private elementary or secondary
24 school, a group of those schools, or one or more school
25 districts if the events are sponsored by an entity recognized
26 by the school district that consists primarily of volunteers
27 and includes parents and teachers of the school children.
28 This paragraph does not apply to fundraising events (i) for
29 the benefit of private home instruction or (ii) for which the
30 fundraising entity purchases the personal property sold at
31 the events from another individual or entity that sold the
32 property for the purpose of resale by the fundraising entity
33 and that profits from the sale to the fundraising entity.
34 This paragraph is exempt from the provisions of Section 2-70.
-308- LRB9111045EGfg
1 (35) (32) Beginning January 1, 2000, new or used
2 automatic vending machines that prepare and serve hot food
3 and beverages, including coffee, soup, and other items, and
4 replacement parts for these machines. This paragraph is
5 exempt from the provisions of Section 2-70.
6 (Source: P.A. 90-14, eff. 7-1-97; 90-519, eff. 6-1-98;
7 90-552, eff. 12-12-97; 90-605, eff. 6-30-98; 91-51, eff.
8 6-30-99; 91-200, eff. 7-20-99; 91-439, eff. 8-6-99; 91-533,
9 eff. 8-13-99; 91-637, eff. 8-20-99; 91-644, eff. 8-20-99;
10 revised 9-28-99.)
11 (35 ILCS 120/3) (from Ch. 120, par. 442)
12 Sec. 3. Except as provided in this Section, on or before
13 the twentieth day of each calendar month, every person
14 engaged in the business of selling tangible personal property
15 at retail in this State during the preceding calendar month
16 shall file a return with the Department, stating:
17 1. The name of the seller;
18 2. His residence address and the address of his
19 principal place of business and the address of the
20 principal place of business (if that is a different
21 address) from which he engages in the business of selling
22 tangible personal property at retail in this State;
23 3. Total amount of receipts received by him during
24 the preceding calendar month or quarter, as the case may
25 be, from sales of tangible personal property, and from
26 services furnished, by him during such preceding calendar
27 month or quarter;
28 4. Total amount received by him during the
29 preceding calendar month or quarter on charge and time
30 sales of tangible personal property, and from services
31 furnished, by him prior to the month or quarter for which
32 the return is filed;
33 5. Deductions allowed by law;
-309- LRB9111045EGfg
1 6. Gross receipts which were received by him during
2 the preceding calendar month or quarter and upon the
3 basis of which the tax is imposed;
4 7. The amount of credit provided in Section 2d of
5 this Act;
6 8. The amount of tax due;
7 9. The signature of the taxpayer; and
8 10. Such other reasonable information as the
9 Department may require.
10 If a taxpayer fails to sign a return within 30 days after
11 the proper notice and demand for signature by the Department,
12 the return shall be considered valid and any amount shown to
13 be due on the return shall be deemed assessed.
14 Each return shall be accompanied by the statement of
15 prepaid tax issued pursuant to Section 2e for which credit is
16 claimed.
17 A retailer may accept a Manufacturer's Purchase Credit
18 certification from a purchaser in satisfaction of Use Tax as
19 provided in Section 3-85 of the Use Tax Act if the purchaser
20 provides the appropriate documentation as required by Section
21 3-85 of the Use Tax Act. A Manufacturer's Purchase Credit
22 certification, accepted by a retailer as provided in Section
23 3-85 of the Use Tax Act, may be used by that retailer to
24 satisfy Retailers' Occupation Tax liability in the amount
25 claimed in the certification, not to exceed 6.25% of the
26 receipts subject to tax from a qualifying purchase.
27 The Department may require returns to be filed on a
28 quarterly basis. If so required, a return for each calendar
29 quarter shall be filed on or before the twentieth day of the
30 calendar month following the end of such calendar quarter.
31 The taxpayer shall also file a return with the Department for
32 each of the first two months of each calendar quarter, on or
33 before the twentieth day of the following calendar month,
34 stating:
-310- LRB9111045EGfg
1 1. The name of the seller;
2 2. The address of the principal place of business
3 from which he engages in the business of selling tangible
4 personal property at retail in this State;
5 3. The total amount of taxable receipts received by
6 him during the preceding calendar month from sales of
7 tangible personal property by him during such preceding
8 calendar month, including receipts from charge and time
9 sales, but less all deductions allowed by law;
10 4. The amount of credit provided in Section 2d of
11 this Act;
12 5. The amount of tax due; and
13 6. Such other reasonable information as the
14 Department may require.
15 If a total amount of less than $1 is payable, refundable
16 or creditable, such amount shall be disregarded if it is less
17 than 50 cents and shall be increased to $1 if it is 50 cents
18 or more.
19 Beginning October 1, 1993, a taxpayer who has an average
20 monthly tax liability of $150,000 or more shall make all
21 payments required by rules of the Department by electronic
22 funds transfer. Beginning October 1, 1994, a taxpayer who
23 has an average monthly tax liability of $100,000 or more
24 shall make all payments required by rules of the Department
25 by electronic funds transfer. Beginning October 1, 1995, a
26 taxpayer who has an average monthly tax liability of $50,000
27 or more shall make all payments required by rules of the
28 Department by electronic funds transfer. Beginning October
29 1, 2000, a taxpayer who has an annual tax liability of
30 $200,000 or more shall make all payments required by rules of
31 the Department by electronic funds transfer. The term
32 "annual tax liability" shall be the sum of the taxpayer's
33 liabilities under this Act, and under all other State and
34 local occupation and use tax laws administered by the
-311- LRB9111045EGfg
1 Department, for the immediately preceding calendar year. The
2 term "average monthly tax liability" shall be the sum of the
3 taxpayer's liabilities under this Act, and under all other
4 State and local occupation and use tax laws administered by
5 the Department, for the immediately preceding calendar year
6 divided by 12.
7 Before August 1 of each year beginning in 1993, the
8 Department shall notify all taxpayers required to make
9 payments by electronic funds transfer. All taxpayers
10 required to make payments by electronic funds transfer shall
11 make those payments for a minimum of one year beginning on
12 October 1.
13 Any taxpayer not required to make payments by electronic
14 funds transfer may make payments by electronic funds transfer
15 with the permission of the Department.
16 All taxpayers required to make payment by electronic
17 funds transfer and any taxpayers authorized to voluntarily
18 make payments by electronic funds transfer shall make those
19 payments in the manner authorized by the Department.
20 The Department shall adopt such rules as are necessary to
21 effectuate a program of electronic funds transfer and the
22 requirements of this Section.
23 Any amount which is required to be shown or reported on
24 any return or other document under this Act shall, if such
25 amount is not a whole-dollar amount, be increased to the
26 nearest whole-dollar amount in any case where the fractional
27 part of a dollar is 50 cents or more, and decreased to the
28 nearest whole-dollar amount where the fractional part of a
29 dollar is less than 50 cents.
30 If the retailer is otherwise required to file a monthly
31 return and if the retailer's average monthly tax liability to
32 the Department does not exceed $200, the Department may
33 authorize his returns to be filed on a quarter annual basis,
34 with the return for January, February and March of a given
-312- LRB9111045EGfg
1 year being due by April 20 of such year; with the return for
2 April, May and June of a given year being due by July 20 of
3 such year; with the return for July, August and September of
4 a given year being due by October 20 of such year, and with
5 the return for October, November and December of a given year
6 being due by January 20 of the following year.
7 If the retailer is otherwise required to file a monthly
8 or quarterly return and if the retailer's average monthly tax
9 liability with the Department does not exceed $50, the
10 Department may authorize his returns to be filed on an annual
11 basis, with the return for a given year being due by January
12 20 of the following year.
13 Such quarter annual and annual returns, as to form and
14 substance, shall be subject to the same requirements as
15 monthly returns.
16 Notwithstanding any other provision in this Act
17 concerning the time within which a retailer may file his
18 return, in the case of any retailer who ceases to engage in a
19 kind of business which makes him responsible for filing
20 returns under this Act, such retailer shall file a final
21 return under this Act with the Department not more than one
22 month after discontinuing such business.
23 Where the same person has more than one business
24 registered with the Department under separate registrations
25 under this Act, such person may not file each return that is
26 due as a single return covering all such registered
27 businesses, but shall file separate returns for each such
28 registered business.
29 In addition, with respect to motor vehicles, watercraft,
30 aircraft, and trailers that are required to be registered
31 with an agency of this State, every retailer selling this
32 kind of tangible personal property shall file, with the
33 Department, upon a form to be prescribed and supplied by the
34 Department, a separate return for each such item of tangible
-313- LRB9111045EGfg
1 personal property which the retailer sells, except that
2 where, in the same transaction, a retailer of aircraft,
3 watercraft, motor vehicles or trailers transfers more than
4 one aircraft, watercraft, motor vehicle or trailer to another
5 aircraft, watercraft, motor vehicle retailer or trailer
6 retailer for the purpose of resale, that seller for resale
7 may report the transfer of all aircraft, watercraft, motor
8 vehicles or trailers involved in that transaction to the
9 Department on the same uniform invoice-transaction reporting
10 return form. For purposes of this Section, "watercraft"
11 means a Class 2, Class 3, or Class 4 watercraft as defined in
12 Section 3-2 of the Boat Registration and Safety Act, a
13 personal watercraft, or any boat equipped with an inboard
14 motor.
15 Any retailer who sells only motor vehicles, watercraft,
16 aircraft, or trailers that are required to be registered with
17 an agency of this State, so that all retailers' occupation
18 tax liability is required to be reported, and is reported, on
19 such transaction reporting returns and who is not otherwise
20 required to file monthly or quarterly returns, need not file
21 monthly or quarterly returns. However, those retailers shall
22 be required to file returns on an annual basis.
23 The transaction reporting return, in the case of motor
24 vehicles or trailers that are required to be registered with
25 an agency of this State, shall be the same document as the
26 Uniform Invoice referred to in Section 5-402 of The Illinois
27 Vehicle Code and must show the name and address of the
28 seller; the name and address of the purchaser; the amount of
29 the selling price including the amount allowed by the
30 retailer for traded-in property, if any; the amount allowed
31 by the retailer for the traded-in tangible personal property,
32 if any, to the extent to which Section 1 of this Act allows
33 an exemption for the value of traded-in property; the balance
34 payable after deducting such trade-in allowance from the
-314- LRB9111045EGfg
1 total selling price; the amount of tax due from the retailer
2 with respect to such transaction; the amount of tax collected
3 from the purchaser by the retailer on such transaction (or
4 satisfactory evidence that such tax is not due in that
5 particular instance, if that is claimed to be the fact); the
6 place and date of the sale; a sufficient identification of
7 the property sold; such other information as is required in
8 Section 5-402 of The Illinois Vehicle Code, and such other
9 information as the Department may reasonably require.
10 The transaction reporting return in the case of
11 watercraft or aircraft must show the name and address of the
12 seller; the name and address of the purchaser; the amount of
13 the selling price including the amount allowed by the
14 retailer for traded-in property, if any; the amount allowed
15 by the retailer for the traded-in tangible personal property,
16 if any, to the extent to which Section 1 of this Act allows
17 an exemption for the value of traded-in property; the balance
18 payable after deducting such trade-in allowance from the
19 total selling price; the amount of tax due from the retailer
20 with respect to such transaction; the amount of tax collected
21 from the purchaser by the retailer on such transaction (or
22 satisfactory evidence that such tax is not due in that
23 particular instance, if that is claimed to be the fact); the
24 place and date of the sale, a sufficient identification of
25 the property sold, and such other information as the
26 Department may reasonably require.
27 Such transaction reporting return shall be filed not
28 later than 20 days after the day of delivery of the item that
29 is being sold, but may be filed by the retailer at any time
30 sooner than that if he chooses to do so. The transaction
31 reporting return and tax remittance or proof of exemption
32 from the Illinois use tax may be transmitted to the
33 Department by way of the State agency with which, or State
34 officer with whom the tangible personal property must be
-315- LRB9111045EGfg
1 titled or registered (if titling or registration is required)
2 if the Department and such agency or State officer determine
3 that this procedure will expedite the processing of
4 applications for title or registration.
5 With each such transaction reporting return, the retailer
6 shall remit the proper amount of tax due (or shall submit
7 satisfactory evidence that the sale is not taxable if that is
8 the case), to the Department or its agents, whereupon the
9 Department shall issue, in the purchaser's name, a use tax
10 receipt (or a certificate of exemption if the Department is
11 satisfied that the particular sale is tax exempt) which such
12 purchaser may submit to the agency with which, or State
13 officer with whom, he must title or register the tangible
14 personal property that is involved (if titling or
15 registration is required) in support of such purchaser's
16 application for an Illinois certificate or other evidence of
17 title or registration to such tangible personal property.
18 No retailer's failure or refusal to remit tax under this
19 Act precludes a user, who has paid the proper tax to the
20 retailer, from obtaining his certificate of title or other
21 evidence of title or registration (if titling or registration
22 is required) upon satisfying the Department that such user
23 has paid the proper tax (if tax is due) to the retailer. The
24 Department shall adopt appropriate rules to carry out the
25 mandate of this paragraph.
26 If the user who would otherwise pay tax to the retailer
27 wants the transaction reporting return filed and the payment
28 of the tax or proof of exemption made to the Department
29 before the retailer is willing to take these actions and such
30 user has not paid the tax to the retailer, such user may
31 certify to the fact of such delay by the retailer and may
32 (upon the Department being satisfied of the truth of such
33 certification) transmit the information required by the
34 transaction reporting return and the remittance for tax or
-316- LRB9111045EGfg
1 proof of exemption directly to the Department and obtain his
2 tax receipt or exemption determination, in which event the
3 transaction reporting return and tax remittance (if a tax
4 payment was required) shall be credited by the Department to
5 the proper retailer's account with the Department, but
6 without the 2.1% or 1.75% discount provided for in this
7 Section being allowed. When the user pays the tax directly
8 to the Department, he shall pay the tax in the same amount
9 and in the same form in which it would be remitted if the tax
10 had been remitted to the Department by the retailer.
11 Refunds made by the seller during the preceding return
12 period to purchasers, on account of tangible personal
13 property returned to the seller, shall be allowed as a
14 deduction under subdivision 5 of his monthly or quarterly
15 return, as the case may be, in case the seller had
16 theretofore included the receipts from the sale of such
17 tangible personal property in a return filed by him and had
18 paid the tax imposed by this Act with respect to such
19 receipts.
20 Where the seller is a corporation, the return filed on
21 behalf of such corporation shall be signed by the president,
22 vice-president, secretary or treasurer or by the properly
23 accredited agent of such corporation.
24 Where the seller is a limited liability company, the
25 return filed on behalf of the limited liability company shall
26 be signed by a manager, member, or properly accredited agent
27 of the limited liability company.
28 Except as provided in this Section, the retailer filing
29 the return under this Section shall, at the time of filing
30 such return, pay to the Department the amount of tax imposed
31 by this Act less a discount of 2.1% prior to January 1, 1990
32 and 1.75% on and after January 1, 1990, or $5 per calendar
33 year, whichever is greater, which is allowed to reimburse the
34 retailer for the expenses incurred in keeping records,
-317- LRB9111045EGfg
1 preparing and filing returns, remitting the tax and supplying
2 data to the Department on request. Any prepayment made
3 pursuant to Section 2d of this Act shall be included in the
4 amount on which such 2.1% or 1.75% discount is computed. In
5 the case of retailers who report and pay the tax on a
6 transaction by transaction basis, as provided in this
7 Section, such discount shall be taken with each such tax
8 remittance instead of when such retailer files his periodic
9 return.
10 Before October 1, 2000, if the taxpayer's average monthly
11 tax liability to the Department under this Act, the Use Tax
12 Act, the Service Occupation Tax Act, and the Service Use Tax
13 Act, excluding any liability for prepaid sales tax to be
14 remitted in accordance with Section 2d of this Act, was
15 $10,000 or more during the preceding 4 complete calendar
16 quarters, he shall file a return with the Department each
17 month by the 20th day of the month next following the month
18 during which such tax liability is incurred and shall make
19 payments to the Department on or before the 7th, 15th, 22nd
20 and last day of the month during which such liability is
21 incurred. On and after October 1, 2000, if the taxpayer's
22 average monthly tax liability to the Department under this
23 Act, the Use Tax Act, the Service Occupation Tax Act, and the
24 Service Use Tax Act, excluding any liability for prepaid
25 sales tax to be remitted in accordance with Section 2d of
26 this Act, was $20,000 or more during the preceding 4 complete
27 calendar quarters, he shall file a return with the Department
28 each month by the 20th day of the month next following the
29 month during which such tax liability is incurred and shall
30 make payment to the Department on or before the 7th, 15th,
31 22nd and last day of the month during which such liability is
32 incurred. If the month during which such tax liability is
33 incurred began prior to January 1, 1985, each payment shall
34 be in an amount equal to 1/4 of the taxpayer's actual
-318- LRB9111045EGfg
1 liability for the month or an amount set by the Department
2 not to exceed 1/4 of the average monthly liability of the
3 taxpayer to the Department for the preceding 4 complete
4 calendar quarters (excluding the month of highest liability
5 and the month of lowest liability in such 4 quarter period).
6 If the month during which such tax liability is incurred
7 begins on or after January 1, 1985 and prior to January 1,
8 1987, each payment shall be in an amount equal to 22.5% of
9 the taxpayer's actual liability for the month or 27.5% of the
10 taxpayer's liability for the same calendar month of the
11 preceding year. If the month during which such tax liability
12 is incurred begins on or after January 1, 1987 and prior to
13 January 1, 1988, each payment shall be in an amount equal to
14 22.5% of the taxpayer's actual liability for the month or
15 26.25% of the taxpayer's liability for the same calendar
16 month of the preceding year. If the month during which such
17 tax liability is incurred begins on or after January 1, 1988,
18 and prior to January 1, 1989, or begins on or after January
19 1, 1996, each payment shall be in an amount equal to 22.5% of
20 the taxpayer's actual liability for the month or 25% of the
21 taxpayer's liability for the same calendar month of the
22 preceding year. If the month during which such tax liability
23 is incurred begins on or after January 1, 1989, and prior to
24 January 1, 1996, each payment shall be in an amount equal to
25 22.5% of the taxpayer's actual liability for the month or 25%
26 of the taxpayer's liability for the same calendar month of
27 the preceding year or 100% of the taxpayer's actual liability
28 for the quarter monthly reporting period. The amount of such
29 quarter monthly payments shall be credited against the final
30 tax liability of the taxpayer's return for that month.
31 Before October 1, 2000, once applicable, the requirement of
32 the making of quarter monthly payments to the Department by
33 taxpayers having an average monthly tax liability of $10,000
34 or more as determined in the manner provided above shall
-319- LRB9111045EGfg
1 continue until such taxpayer's average monthly liability to
2 the Department during the preceding 4 complete calendar
3 quarters (excluding the month of highest liability and the
4 month of lowest liability) is less than $9,000, or until such
5 taxpayer's average monthly liability to the Department as
6 computed for each calendar quarter of the 4 preceding
7 complete calendar quarter period is less than $10,000.
8 However, if a taxpayer can show the Department that a
9 substantial change in the taxpayer's business has occurred
10 which causes the taxpayer to anticipate that his average
11 monthly tax liability for the reasonably foreseeable future
12 will fall below the $10,000 threshold stated above, then such
13 taxpayer may petition the Department for a change in such
14 taxpayer's reporting status. On and after October 1, 2000,
15 once applicable, the requirement of the making of quarter
16 monthly payments to the Department by taxpayers having an
17 average monthly tax liability of $20,000 or more as
18 determined in the manner provided above shall continue until
19 such taxpayer's average monthly liability to the Department
20 during the preceding 4 complete calendar quarters (excluding
21 the month of highest liability and the month of lowest
22 liability) is less than $19,000 or until such taxpayer's
23 average monthly liability to the Department as computed for
24 each calendar quarter of the 4 preceding complete calendar
25 quarter period is less than $20,000. However, if a taxpayer
26 can show the Department that a substantial change in the
27 taxpayer's business has occurred which causes the taxpayer to
28 anticipate that his average monthly tax liability for the
29 reasonably foreseeable future will fall below the $20,000
30 threshold stated above, then such taxpayer may petition the
31 Department for a change in such taxpayer's reporting status.
32 The Department shall change such taxpayer's reporting status
33 unless it finds that such change is seasonal in nature and
34 not likely to be long term. If any such quarter monthly
-320- LRB9111045EGfg
1 payment is not paid at the time or in the amount required by
2 this Section, then the taxpayer shall be liable for penalties
3 and interest on the difference between the minimum amount due
4 as a payment and the amount of such quarter monthly payment
5 actually and timely paid, except insofar as the taxpayer has
6 previously made payments for that month to the Department in
7 excess of the minimum payments previously due as provided in
8 this Section. The Department shall make reasonable rules and
9 regulations to govern the quarter monthly payment amount and
10 quarter monthly payment dates for taxpayers who file on other
11 than a calendar monthly basis.
12 Without regard to whether a taxpayer is required to make
13 quarter monthly payments as specified above, any taxpayer who
14 is required by Section 2d of this Act to collect and remit
15 prepaid taxes and has collected prepaid taxes which average
16 in excess of $25,000 per month during the preceding 2
17 complete calendar quarters, shall file a return with the
18 Department as required by Section 2f and shall make payments
19 to the Department on or before the 7th, 15th, 22nd and last
20 day of the month during which such liability is incurred. If
21 the month during which such tax liability is incurred began
22 prior to the effective date of this amendatory Act of 1985,
23 each payment shall be in an amount not less than 22.5% of the
24 taxpayer's actual liability under Section 2d. If the month
25 during which such tax liability is incurred begins on or
26 after January 1, 1986, each payment shall be in an amount
27 equal to 22.5% of the taxpayer's actual liability for the
28 month or 27.5% of the taxpayer's liability for the same
29 calendar month of the preceding calendar year. If the month
30 during which such tax liability is incurred begins on or
31 after January 1, 1987, each payment shall be in an amount
32 equal to 22.5% of the taxpayer's actual liability for the
33 month or 26.25% of the taxpayer's liability for the same
34 calendar month of the preceding year. The amount of such
-321- LRB9111045EGfg
1 quarter monthly payments shall be credited against the final
2 tax liability of the taxpayer's return for that month filed
3 under this Section or Section 2f, as the case may be. Once
4 applicable, the requirement of the making of quarter monthly
5 payments to the Department pursuant to this paragraph shall
6 continue until such taxpayer's average monthly prepaid tax
7 collections during the preceding 2 complete calendar quarters
8 is $25,000 or less. If any such quarter monthly payment is
9 not paid at the time or in the amount required, the taxpayer
10 shall be liable for penalties and interest on such
11 difference, except insofar as the taxpayer has previously
12 made payments for that month in excess of the minimum
13 payments previously due.
14 If any payment provided for in this Section exceeds the
15 taxpayer's liabilities under this Act, the Use Tax Act, the
16 Service Occupation Tax Act and the Service Use Tax Act, as
17 shown on an original monthly return, the Department shall, if
18 requested by the taxpayer, issue to the taxpayer a credit
19 memorandum no later than 30 days after the date of payment.
20 The credit evidenced by such credit memorandum may be
21 assigned by the taxpayer to a similar taxpayer under this
22 Act, the Use Tax Act, the Service Occupation Tax Act or the
23 Service Use Tax Act, in accordance with reasonable rules and
24 regulations to be prescribed by the Department. If no such
25 request is made, the taxpayer may credit such excess payment
26 against tax liability subsequently to be remitted to the
27 Department under this Act, the Use Tax Act, the Service
28 Occupation Tax Act or the Service Use Tax Act, in accordance
29 with reasonable rules and regulations prescribed by the
30 Department. If the Department subsequently determined that
31 all or any part of the credit taken was not actually due to
32 the taxpayer, the taxpayer's 2.1% and 1.75% vendor's discount
33 shall be reduced by 2.1% or 1.75% of the difference between
34 the credit taken and that actually due, and that taxpayer
-322- LRB9111045EGfg
1 shall be liable for penalties and interest on such
2 difference.
3 If a retailer of motor fuel is entitled to a credit under
4 Section 2d of this Act which exceeds the taxpayer's liability
5 to the Department under this Act for the month which the
6 taxpayer is filing a return, the Department shall issue the
7 taxpayer a credit memorandum for the excess.
8 Beginning January 1, 1990, each month the Department
9 shall pay into the Local Government Tax Fund, a special fund
10 in the State treasury which is hereby created, the net
11 revenue realized for the preceding month from the 1% tax on
12 sales of food for human consumption which is to be consumed
13 off the premises where it is sold (other than alcoholic
14 beverages, soft drinks and food which has been prepared for
15 immediate consumption) and prescription and nonprescription
16 medicines, drugs, medical appliances and insulin, urine
17 testing materials, syringes and needles used by diabetics.
18 Beginning January 1, 1990, each month the Department
19 shall pay into the County and Mass Transit District Fund, a
20 special fund in the State treasury which is hereby created,
21 4% of the net revenue realized for the preceding month from
22 the 6.25% general rate.
23 Beginning January 1, 1990, each month the Department
24 shall pay into the Local Government Tax Fund 16% of the net
25 revenue realized for the preceding month from the 6.25%
26 general rate on the selling price of tangible personal
27 property.
28 Of the remainder of the moneys received by the Department
29 pursuant to this Act, (a) 1.75% thereof shall be paid into
30 the Build Illinois Fund and (b) prior to July 1, 1989, 2.2%
31 and on and after July 1, 1989, 3.8% thereof shall be paid
32 into the Build Illinois Fund; provided, however, that if in
33 any fiscal year the sum of (1) the aggregate of 2.2% or 3.8%,
34 as the case may be, of the moneys received by the Department
-323- LRB9111045EGfg
1 and required to be paid into the Build Illinois Fund pursuant
2 to this Act, Section 9 of the Use Tax Act, Section 9 of the
3 Service Use Tax Act, and Section 9 of the Service Occupation
4 Tax Act, such Acts being hereinafter called the "Tax Acts"
5 and such aggregate of 2.2% or 3.8%, as the case may be, of
6 moneys being hereinafter called the "Tax Act Amount", and (2)
7 the amount transferred to the Build Illinois Fund from the
8 State and Local Sales Tax Reform Fund shall be less than the
9 Annual Specified Amount (as hereinafter defined), an amount
10 equal to the difference shall be immediately paid into the
11 Build Illinois Fund from other moneys received by the
12 Department pursuant to the Tax Acts; the "Annual Specified
13 Amount" means the amounts specified below for fiscal years
14 1986 through 1993:
15 Fiscal Year Annual Specified Amount
16 1986 $54,800,000
17 1987 $76,650,000
18 1988 $80,480,000
19 1989 $88,510,000
20 1990 $115,330,000
21 1991 $145,470,000
22 1992 $182,730,000
23 1993 $206,520,000;
24 and means the Certified Annual Debt Service Requirement (as
25 defined in Section 13 of the Build Illinois Bond Act) or the
26 Tax Act Amount, whichever is greater, for fiscal year 1994
27 and each fiscal year thereafter; and further provided, that
28 if on the last business day of any month the sum of (1) the
29 Tax Act Amount required to be deposited into the Build
30 Illinois Bond Account in the Build Illinois Fund during such
31 month and (2) the amount transferred to the Build Illinois
32 Fund from the State and Local Sales Tax Reform Fund shall
33 have been less than 1/12 of the Annual Specified Amount, an
34 amount equal to the difference shall be immediately paid into
-324- LRB9111045EGfg
1 the Build Illinois Fund from other moneys received by the
2 Department pursuant to the Tax Acts; and, further provided,
3 that in no event shall the payments required under the
4 preceding proviso result in aggregate payments into the Build
5 Illinois Fund pursuant to this clause (b) for any fiscal year
6 in excess of the greater of (i) the Tax Act Amount or (ii)
7 the Annual Specified Amount for such fiscal year. The
8 amounts payable into the Build Illinois Fund under clause (b)
9 of the first sentence in this paragraph shall be payable only
10 until such time as the aggregate amount on deposit under each
11 trust indenture securing Bonds issued and outstanding
12 pursuant to the Build Illinois Bond Act is sufficient, taking
13 into account any future investment income, to fully provide,
14 in accordance with such indenture, for the defeasance of or
15 the payment of the principal of, premium, if any, and
16 interest on the Bonds secured by such indenture and on any
17 Bonds expected to be issued thereafter and all fees and costs
18 payable with respect thereto, all as certified by the
19 Director of the Bureau of the Budget. If on the last
20 business day of any month in which Bonds are outstanding
21 pursuant to the Build Illinois Bond Act, the aggregate of
22 moneys deposited in the Build Illinois Bond Account in the
23 Build Illinois Fund in such month shall be less than the
24 amount required to be transferred in such month from the
25 Build Illinois Bond Account to the Build Illinois Bond
26 Retirement and Interest Fund pursuant to Section 13 of the
27 Build Illinois Bond Act, an amount equal to such deficiency
28 shall be immediately paid from other moneys received by the
29 Department pursuant to the Tax Acts to the Build Illinois
30 Fund; provided, however, that any amounts paid to the Build
31 Illinois Fund in any fiscal year pursuant to this sentence
32 shall be deemed to constitute payments pursuant to clause (b)
33 of the first sentence of this paragraph and shall reduce the
34 amount otherwise payable for such fiscal year pursuant to
-325- LRB9111045EGfg
1 that clause (b). The moneys received by the Department
2 pursuant to this Act and required to be deposited into the
3 Build Illinois Fund are subject to the pledge, claim and
4 charge set forth in Section 12 of the Build Illinois Bond
5 Act.
6 Subject to payment of amounts into the Build Illinois
7 Fund as provided in the preceding paragraph or in any
8 amendment thereto hereafter enacted, the following specified
9 monthly installment of the amount requested in the
10 certificate of the Chairman of the Metropolitan Pier and
11 Exposition Authority provided under Section 8.25f of the
12 State Finance Act, but not in excess of sums designated as
13 "Total Deposit", shall be deposited in the aggregate from
14 collections under Section 9 of the Use Tax Act, Section 9 of
15 the Service Use Tax Act, Section 9 of the Service Occupation
16 Tax Act, and Section 3 of the Retailers' Occupation Tax Act
17 into the McCormick Place Expansion Project Fund in the
18 specified fiscal years.
19 Fiscal Year Total Deposit
20 1993 $0
21 1994 53,000,000
22 1995 58,000,000
23 1996 61,000,000
24 1997 64,000,000
25 1998 68,000,000
26 1999 71,000,000
27 2000 75,000,000
28 2001 80,000,000
29 2002 84,000,000
30 2003 89,000,000
31 2004 93,000,000
32 2005 97,000,000
33 2006 102,000,000
34 2007 108,000,000
-326- LRB9111045EGfg
1 2008 115,000,000
2 2009 120,000,000
3 2010 126,000,000
4 2011 132,000,000
5 2012 138,000,000
6 2013 and 145,000,000
7 each fiscal year
8 thereafter that bonds
9 are outstanding under
10 Section 13.2 of the
11 Metropolitan Pier and
12 Exposition Authority
13 Act, but not after fiscal year 2029.
14 Beginning July 20, 1993 and in each month of each fiscal
15 year thereafter, one-eighth of the amount requested in the
16 certificate of the Chairman of the Metropolitan Pier and
17 Exposition Authority for that fiscal year, less the amount
18 deposited into the McCormick Place Expansion Project Fund by
19 the State Treasurer in the respective month under subsection
20 (g) of Section 13 of the Metropolitan Pier and Exposition
21 Authority Act, plus cumulative deficiencies in the deposits
22 required under this Section for previous months and years,
23 shall be deposited into the McCormick Place Expansion Project
24 Fund, until the full amount requested for the fiscal year,
25 but not in excess of the amount specified above as "Total
26 Deposit", has been deposited.
27 Subject to payment of amounts into the Build Illinois
28 Fund and the McCormick Place Expansion Project Fund pursuant
29 to the preceding paragraphs or in any amendment thereto
30 hereafter enacted, each month the Department shall pay into
31 the Local Government Distributive Fund 0.4% of the net
32 revenue realized for the preceding month from the 5% general
33 rate or 0.4% of 80% of the net revenue realized for the
34 preceding month from the 6.25% general rate, as the case may
-327- LRB9111045EGfg
1 be, on the selling price of tangible personal property which
2 amount shall, subject to appropriation, be distributed as
3 provided in Section 2 of the State Revenue Sharing Act. No
4 payments or distributions pursuant to this paragraph shall be
5 made if the tax imposed by this Act on photoprocessing
6 products is declared unconstitutional, or if the proceeds
7 from such tax are unavailable for distribution because of
8 litigation.
9 Subject to payment of amounts into the Build Illinois
10 Fund, the McCormick Place Expansion Project to the preceding
11 paragraphs or in any amendments thereto hereafter enacted,
12 beginning July 1, 1993, the Department shall each month pay
13 into the Illinois Tax Increment Fund 0.27% of 80% of the net
14 revenue realized for the preceding month from the 6.25%
15 general rate on the selling price of tangible personal
16 property.
17 Of the remainder of the moneys received by the Department
18 pursuant to this Act, 75% thereof shall be paid into the
19 State Treasury and 25% shall be reserved in a special account
20 and used only for the transfer to the Common School Fund as
21 part of the monthly transfer from the General Revenue Fund in
22 accordance with Section 8a of the State Finance Act.
23 The Department may, upon separate written notice to a
24 taxpayer, require the taxpayer to prepare and file with the
25 Department on a form prescribed by the Department within not
26 less than 60 days after receipt of the notice an annual
27 information return for the tax year specified in the notice.
28 Such annual return to the Department shall include a
29 statement of gross receipts as shown by the retailer's last
30 Federal income tax return. If the total receipts of the
31 business as reported in the Federal income tax return do not
32 agree with the gross receipts reported to the Department of
33 Revenue for the same period, the retailer shall attach to his
34 annual return a schedule showing a reconciliation of the 2
-328- LRB9111045EGfg
1 amounts and the reasons for the difference. The retailer's
2 annual return to the Department shall also disclose the cost
3 of goods sold by the retailer during the year covered by such
4 return, opening and closing inventories of such goods for
5 such year, costs of goods used from stock or taken from stock
6 and given away by the retailer during such year, payroll
7 information of the retailer's business during such year and
8 any additional reasonable information which the Department
9 deems would be helpful in determining the accuracy of the
10 monthly, quarterly or annual returns filed by such retailer
11 as provided for in this Section.
12 If the annual information return required by this Section
13 is not filed when and as required, the taxpayer shall be
14 liable as follows:
15 (i) Until January 1, 1994, the taxpayer shall be
16 liable for a penalty equal to 1/6 of 1% of the tax due
17 from such taxpayer under this Act during the period to be
18 covered by the annual return for each month or fraction
19 of a month until such return is filed as required, the
20 penalty to be assessed and collected in the same manner
21 as any other penalty provided for in this Act.
22 (ii) On and after January 1, 1994, the taxpayer
23 shall be liable for a penalty as described in Section 3-4
24 of the Uniform Penalty and Interest Act.
25 The chief executive officer, proprietor, owner or highest
26 ranking manager shall sign the annual return to certify the
27 accuracy of the information contained therein. Any person
28 who willfully signs the annual return containing false or
29 inaccurate information shall be guilty of perjury and
30 punished accordingly. The annual return form prescribed by
31 the Department shall include a warning that the person
32 signing the return may be liable for perjury.
33 The provisions of this Section concerning the filing of
34 an annual information return do not apply to a retailer who
-329- LRB9111045EGfg
1 is not required to file an income tax return with the United
2 States Government.
3 As soon as possible after the first day of each month,
4 upon certification of the Department of Revenue, the
5 Comptroller shall order transferred and the Treasurer shall
6 transfer from the General Revenue Fund to the Motor Fuel Tax
7 Fund an amount equal to 1.7% of 80% of the net revenue
8 realized under this Act for the second preceding month.
9 Beginning April 1, 2000, this transfer is no longer required
10 and shall not be made.
11 Net revenue realized for a month shall be the revenue
12 collected by the State pursuant to this Act, less the amount
13 paid out during that month as refunds to taxpayers for
14 overpayment of liability.
15 For greater simplicity of administration, manufacturers,
16 importers and wholesalers whose products are sold at retail
17 in Illinois by numerous retailers, and who wish to do so, may
18 assume the responsibility for accounting and paying to the
19 Department all tax accruing under this Act with respect to
20 such sales, if the retailers who are affected do not make
21 written objection to the Department to this arrangement.
22 Any person who promotes, organizes, provides retail
23 selling space for concessionaires or other types of sellers
24 at the Illinois State Fair, DuQuoin State Fair, county fairs,
25 local fairs, art shows, flea markets and similar exhibitions
26 or events, including any transient merchant as defined by
27 Section 2 of the Transient Merchant Act of 1987, is required
28 to file a report with the Department providing the name of
29 the merchant's business, the name of the person or persons
30 engaged in merchant's business, the permanent address and
31 Illinois Retailers Occupation Tax Registration Number of the
32 merchant, the dates and location of the event and other
33 reasonable information that the Department may require. The
34 report must be filed not later than the 20th day of the month
-330- LRB9111045EGfg
1 next following the month during which the event with retail
2 sales was held. Any person who fails to file a report
3 required by this Section commits a business offense and is
4 subject to a fine not to exceed $250.
5 Any person engaged in the business of selling tangible
6 personal property at retail as a concessionaire or other type
7 of seller at the Illinois State Fair, county fairs, art
8 shows, flea markets and similar exhibitions or events, or any
9 transient merchants, as defined by Section 2 of the Transient
10 Merchant Act of 1987, may be required to make a daily report
11 of the amount of such sales to the Department and to make a
12 daily payment of the full amount of tax due. The Department
13 shall impose this requirement when it finds that there is a
14 significant risk of loss of revenue to the State at such an
15 exhibition or event. Such a finding shall be based on
16 evidence that a substantial number of concessionaires or
17 other sellers who are not residents of Illinois will be
18 engaging in the business of selling tangible personal
19 property at retail at the exhibition or event, or other
20 evidence of a significant risk of loss of revenue to the
21 State. The Department shall notify concessionaires and other
22 sellers affected by the imposition of this requirement. In
23 the absence of notification by the Department, the
24 concessionaires and other sellers shall file their returns as
25 otherwise required in this Section.
26 (Source: P.A. 90-491, eff. 1-1-99; 90-612, eff. 7-8-98;
27 91-37, eff. 7-1-99; 91-51, eff. 6-30-99; 91-101, eff.
28 7-12-99; 91-541, eff. 8-13-99; revised 9-29-99.)
29 Section 37. The Hotel Operators' Occupation Tax Act is
30 amended by changing Section 6 as follows:
31 (35 ILCS 145/6) (from Ch. 120, par. 481b.36)
32 Sec. 6. Except as provided hereinafter in this Section,
-331- LRB9111045EGfg
1 on or before the last day of each calendar month, every
2 person engaged in the business of renting, leasing or letting
3 rooms in a hotel in this State during the preceding calendar
4 month shall file a return with the Department, stating:
5 1. The name of the operator;
6 2. His residence address and the address of his
7 principal place of business and the address of the
8 principal place of business (if that is a different
9 address) from which he engages in the business of
10 renting, leasing or letting rooms in a hotel in this
11 State;
12 3. Total amount of rental receipts received by him
13 during the preceding calendar month from renting, leasing
14 or letting rooms during such preceding calendar month;
15 4. Total amount of rental receipts received by him
16 during the preceding calendar month from renting, leasing
17 or letting rooms to permanent residents during such
18 preceding calendar month;
19 5. Total amount of other exclusions from gross
20 rental receipts allowed by this Act;
21 6. Gross rental receipts which were received by him
22 during the preceding calendar month and upon the basis of
23 which the tax is imposed;
24 7. The amount of tax due;
25 8. Such other reasonable information as the
26 Department may require.
27 If the operator's average monthly tax liability to the
28 Department does not exceed $200, the Department may authorize
29 his returns to be filed on a quarter annual basis, with the
30 return for January, February and March of a given year being
31 due by April 30 of such year; with the return for April, May
32 and June of a given year being due by July 31 of such year;
33 with the return for July, August and September of a given
34 year being due by October 31 of such year, and with the
-332- LRB9111045EGfg
1 return for October, November and December of a given year
2 being due by January 31 of the following year.
3 If the operator's average monthly tax liability to the
4 Department does not exceed $50, the Department may authorize
5 his returns to be filed on an annual basis, with the return
6 for a given year being due by January 31 of the following
7 year.
8 Such quarter annual and annual returns, as to form and
9 substance, shall be subject to the same requirements as
10 monthly returns.
11 Notwithstanding any other provision in this Act
12 concerning the time within which an operator may file his
13 return, in the case of any operator who ceases to engage in a
14 kind of business which makes him responsible for filing
15 returns under this Act, such operator shall file a final
16 return under this Act with the Department not more than 1
17 month after discontinuing such business.
18 Where the same person has more than 1 business registered
19 with the Department under separate registrations under this
20 Act, such person shall not file each return that is due as a
21 single return covering all such registered businesses, but
22 shall file separate returns for each such registered
23 business.
24 In his return, the operator shall determine the value of
25 any consideration other than money received by him in
26 connection with the renting, leasing or letting of rooms in
27 the course of his business and he shall include such value in
28 his return. Such determination shall be subject to review
29 and revision by the Department in the manner hereinafter
30 provided for the correction of returns.
31 Where the operator is a corporation, the return filed on
32 behalf of such corporation shall be signed by the president,
33 vice-president, secretary or treasurer or by the properly
34 accredited agent of such corporation.
-333- LRB9111045EGfg
1 The person filing the return herein provided for shall,
2 at the time of filing such return, pay to the Department the
3 amount of tax herein imposed. The operator filing the return
4 under this Section shall, at the time of filing such return,
5 pay to the Department the amount of tax imposed by this Act
6 less a discount of 2.1% or $25 per calendar year, whichever
7 is greater, which is allowed to reimburse the operator for
8 the expenses incurred in keeping records, preparing and
9 filing returns, remitting the tax and supplying data to the
10 Department on request.
11 There shall be deposited in the Build Illinois Fund in
12 the State Treasury for each State fiscal year 40% of the
13 amount of total net proceeds from the tax imposed by
14 subsection (a) of Section 3. Of the remaining 60%,
15 $5,000,000 shall be deposited in the Illinois Sports
16 Facilities Fund and credited to the Subsidy Account each
17 fiscal year by making monthly deposits in the amount of 1/8
18 of $5,000,000 plus cumulative deficiencies in such deposits
19 for prior months, and an additional $8,000,000 shall be
20 deposited in the Illinois Sports Facilities Fund and credited
21 to the Advance Account each fiscal year by making monthly
22 deposits in the amount of 1/8 of $8,000,000 plus any
23 cumulative deficiencies in such deposits for prior months.
24 (The deposits of the additional $8,000,000 during each fiscal
25 year shall be treated as advances of funds to the Illinois
26 Sports Facilities Authority for its corporate purposes to the
27 extent paid to the Authority or its trustee and shall be
28 repaid into the General Revenue Fund in the State Treasury by
29 the State Treasurer on behalf of the Authority solely from
30 collections of the tax imposed by the Authority pursuant to
31 Section 19 of the Illinois Sports Facilities Act, as
32 amended.)
33 Of the remaining 60% of the amount of total net proceeds
34 from the tax imposed by subsection (a) of Section 3 after all
-334- LRB9111045EGfg
1 required deposits in the Illinois Sports Facilities Fund, the
2 amount equal to 8% of the net revenue realized from the Hotel
3 Operators' Occupation Tax Act plus an amount equal to 8% of
4 the net revenue realized from any tax imposed under Section
5 4.05 of the Chicago World's Fair-1992 Authority during the
6 preceding month shall be deposited in the Local Tourism Fund
7 each month for purposes authorized by Section 605-705 of the
8 Department of Commerce and Community Affairs Law (20 ILCS
9 605/605-705) in the Local Tourism Fund, and beginning August
10 1, 1999, the amount equal to 6% of the net revenue realized
11 from the Hotel Operators' Occupation Tax Act during the
12 preceding month shall be deposited into the International
13 Tourism Fund for the purposes authorized in Section 605-725
14 of the Department of Commerce and Community Affairs Law 46.6d
15 of the Civil Administrative Code of Illinois. "Net revenue
16 realized for a month" means the revenue collected by the
17 State under that Act during the previous month less the
18 amount paid out during that same month as refunds to
19 taxpayers for overpayment of liability under that Act.
20 After making all these deposits, all other proceeds of
21 the tax imposed under subsection (a) of Section 3 shall be
22 deposited in the General Revenue Fund in the State Treasury.
23 All moneys received by the Department from the additional tax
24 imposed under subsection (b) of Section 3 shall be deposited
25 into the Build Illinois Fund in the State Treasury.
26 The Department may, upon separate written notice to a
27 taxpayer, require the taxpayer to prepare and file with the
28 Department on a form prescribed by the Department within not
29 less than 60 days after receipt of the notice an annual
30 information return for the tax year specified in the notice.
31 Such annual return to the Department shall include a
32 statement of gross receipts as shown by the operator's last
33 State income tax return. If the total receipts of the
34 business as reported in the State income tax return do not
-335- LRB9111045EGfg
1 agree with the gross receipts reported to the Department for
2 the same period, the operator shall attach to his annual
3 information return a schedule showing a reconciliation of the
4 2 amounts and the reasons for the difference. The operator's
5 annual information return to the Department shall also
6 disclose pay roll information of the operator's business
7 during the year covered by such return and any additional
8 reasonable information which the Department deems would be
9 helpful in determining the accuracy of the monthly, quarterly
10 or annual tax returns by such operator as hereinbefore
11 provided for in this Section.
12 If the annual information return required by this Section
13 is not filed when and as required the taxpayer shall be
14 liable for a penalty in an amount determined in accordance
15 with Section 3-4 of the Uniform Penalty and Interest Act
16 until such return is filed as required, the penalty to be
17 assessed and collected in the same manner as any other
18 penalty provided for in this Act.
19 The chief executive officer, proprietor, owner or highest
20 ranking manager shall sign the annual return to certify the
21 accuracy of the information contained therein. Any person
22 who willfully signs the annual return containing false or
23 inaccurate information shall be guilty of perjury and
24 punished accordingly. The annual return form prescribed by
25 the Department shall include a warning that the person
26 signing the return may be liable for perjury.
27 The foregoing portion of this Section concerning the
28 filing of an annual information return shall not apply to an
29 operator who is not required to file an income tax return
30 with the United States Government.
31 (Source: P.A. 90-26, eff. 7-1-97; 91-239, eff. 1-1-00;
32 91-604, eff. 8-16-99; revised 10-27-99.)
33 Section 38. The Property Tax Code is amended by changing
-336- LRB9111045EGfg
1 Sections 15-35, 15-105, and 15-172 and setting forth and
2 renumbering multiple versions of the Article 10, Division 11
3 heading and Sections 10-235 and 10-240 as follows:
4 (35 ILCS 200/Art. 10, Div. 11 heading)
5 DIVISION 11. LOW-INCOME HOUSING
6 (35 ILCS 200/10-235)
7 Sec. 10-235. Section 515 low-income housing project
8 valuation policy; intent. It is the policy of this State that
9 low-income housing projects under Section 515 of the federal
10 Housing Act shall be valued at 33 and one-third percent of
11 the fair market value of their economic productivity to the
12 owners of the projects to help insure that their valuation
13 for property taxation does not result in taxes so high that
14 rent levels must be raised to cover this project expense,
15 which can cause excess vacancies, project loan defaults, and
16 eventual loss of rental housing facilities for those most in
17 need of them, low-income families and the elderly. It is the
18 intent of this State that the valuation required by this
19 Division is the closest representation of cash value required
20 by law and is the method established as proper and fair.
21 (Source: P.A. 91-651, eff. 1-1-00.)
22 (35 ILCS 200/10-240)
23 Sec. 10-240. Definition of Section 515 low-income housing
24 projects. "Section 515 low-income housing projects" mean
25 rental apartment facilities (i) developed and managed under a
26 United States Department of Agriculture Rural Rental Housing
27 Program designed to provide affordable housing to low to
28 moderate income families and seniors in rural communities
29 with populations under 20,000, (ii) that receive a subsidy in
30 the form of a 1% loan interest rate and a 50-year
31 amortization of the mortgage, (iii) that would not have been
-337- LRB9111045EGfg
1 built without a Section 515 interest credit subsidy, and (iv)
2 where the owners of the projects are limited to an annual
3 profit of an 8% return on a 5% equity investment, which may
4 result in a modest cash flow to owners of the projects unless
5 actual expenses, including property taxes, exceed budget
6 projections, in which case no profit may be realized.
7 (Source: P.A. 91-651, eff. 1-1-00.)
8 (35 ILCS 200/10-260)
9 Sec. 10-260. 10-235. Low-income housing. In determining
10 the fair cash value of property receiving benefits from the
11 Low-Income Housing Tax Credit authorized by Section 42 of the
12 Internal Revenue Code, 26 U.S.C. 42, emphasis shall be given
13 to the income approach, except in those circumstances where
14 another method is clearly more appropriate.
15 (Source: P.A. 91-502, eff. 8-13-99; revised 1-10-00.)
16 (35 ILCS 200/Art. 10, Div. 12 heading)
17 DIVISION 12. 11. VETERANS ORGANIZATION PROPERTY
18 (35 ILCS 200/10-300)
19 Sec. 10-300. 10-240. Veterans organization assessment
20 freeze.
21 (a) For the taxable year 2000 and thereafter, the
22 assessed value of real property owned and used by a veterans
23 organization chartered under federal law, on which is located
24 the principal building for the post, camp, or chapter, must
25 be frozen by the chief county assessment officer at (i) 15%
26 of the 1999 assessed value of the property for property that
27 qualifies for the assessment freeze in taxable year 2000 or
28 (ii) 15% of the assessed value of the property for the
29 taxable year that the property first qualifies for the
30 assessment freeze after taxable year 2000. If, in any year,
31 improvements or additions are made to the property that would
-338- LRB9111045EGfg
1 increase the assessed value of the property were it not for
2 this Section, then 15% of the assessed value of such
3 improvements shall be added to the assessment of the property
4 for that year and all subsequent years the property is
5 eligible for the freeze.
6 (b) The veterans organization must annually submit an
7 application to the chief county assessment officer on or
8 before (i) January 31 of the assessment year in counties with
9 a population of 3,000,000 or more and (ii) December 31 of the
10 assessment year in all other counties. The initial
11 application must contain the information required by the
12 Department of Revenue, including (i) a copy of the
13 organization's congressional charter, (ii) the location or
14 description of the property on which is located the principal
15 building for the post, camp, or chapter, (iii) a written
16 instrument evidencing that the organization is the record
17 owner or has a legal or equitable interest in the property,
18 (iv) an affidavit that the organization is liable for paying
19 the real property taxes on the property, and (v) the
20 signature of the organization's chief presiding officer.
21 Subsequent applications shall include any changes in the
22 initial application and shall be signed by the organization's
23 chief presiding officer. All applications shall be
24 notarized.
25 (c) This Section shall not apply to parcels exempt under
26 Section 15-145.
27 (Source: P.A. 91-635, eff. 8-20-99; revised 1-10-00.)
28 (35 ILCS 200/15-35)
29 Sec. 15-35. Schools. All property donated by the United
30 States for school purposes, and all property of schools, not
31 sold or leased or otherwise used with a view to profit, is
32 exempt, whether owned by a resident or non-resident of this
33 State or by a corporation incorporated in any state of the
-339- LRB9111045EGfg
1 United States. Also exempt is:
2 (a) property of schools which is leased to a
3 municipality to be used for municipal purposes on a
4 not-for-profit basis;
5 (b) property of schools on which the schools are
6 located and any other property of schools used by the
7 schools exclusively for school purposes, including, but
8 not limited to, student residence halls, dormitories and
9 other housing facilities for students and their spouses
10 and children, staff housing facilities, and school-owned
11 and operated dormitory or residence halls occupied in
12 whole or in part by students who belong to fraternities,
13 sororities, or other campus organizations;
14 (c) property donated, granted, received or used for
15 public school, college, theological seminary, university,
16 or other educational purposes, whether held in trust or
17 absolutely;
18 (d) in counties with more than 200,000 inhabitants
19 which classify property, property (including interests in
20 land and other facilities) on or adjacent to (even if
21 separated by a public street, alley, sidewalk, parkway or
22 other public way) the grounds of a school, if that
23 property is used by an academic, research or professional
24 society, institute, association or organization which
25 serves the advancement of learning in a field or fields
26 of study taught by the school and which property is not
27 used with a view to profit; and
28 (e) property owned by a school district. The
29 exemption under this subsection is not affected by any
30 transaction in which, for the purpose of obtaining
31 financing, the school district, directly or indirectly,
32 leases or otherwise transfers the property to another for
33 which or whom property is not exempt and immediately
34 after the lease or transfer enters into a leaseback or
-340- LRB9111045EGfg
1 other agreement that directly or indirectly gives the
2 school district a right to use, control, and possess the
3 property. In the case of a conveyance of the property,
4 the school district must retain an option to purchase the
5 property at a future date or, within the limitations
6 period for reverters, the property must revert back to
7 the school district.
8 (1) If the property has been conveyed as
9 described in this subsection, the property is no
10 longer exempt under this Section as of the date
11 when:
12 (A) the right of the school district to
13 use, control, and possess the property is
14 terminated;
15 (B) the school district no longer has an
16 option to purchase or otherwise acquire the
17 property; and
18 (C) there is no provision for a reverter
19 of the property to the school district within
20 the limitations period for reverters.
21 (2) Pursuant to Sections 15-15 and 15-20 of
22 this Code, the school district shall notify the
23 chief county assessment officer of any transaction
24 under this subsection. The chief county assessment
25 officer shall determine initial and continuing
26 compliance with the requirements of this subsection
27 for tax exemption. Failure to notify the chief
28 county assessment officer of a transaction under
29 this subsection or to otherwise comply with the
30 requirements of Sections 15-15 and 15-20 of this
31 Code shall, in the discretion of the chief county
32 assessment officer, constitute cause to terminate
33 the exemption, notwithstanding any other provision
34 of this Code.
-341- LRB9111045EGfg
1 (3) No provision of this subsection shall be
2 construed to affect the obligation of the school
3 district to which an exemption certificate has been
4 issued under this Section from its obligation under
5 Section 15-10 of this Code to file an annual
6 certificate of status or to notify the chief county
7 assessment officer of transfers of interest or other
8 changes in the status of the property as required by
9 this Code.
10 (4) The changes made by this amendatory Act of
11 the 91st General Assembly are declarative of
12 existing law and shall not be construed as a new
13 enactment; and.
14 (f) (e) in counties with more than 200,000
15 inhabitants which classify property, property of a
16 corporation, which is an exempt entity under paragraph
17 (3) of Section 501(c) of the Internal Revenue Code or its
18 successor law, used by the corporation for the following
19 purposes: (1) conducting continuing education for
20 professional development of personnel in energy-related
21 industries; (2) maintaining a library of energy
22 technology information available to students and the
23 public free of charge; and (3) conducting research in
24 energy and environment, which research results could be
25 ultimately accessible to persons involved in education.
26 (Source: P.A. 90-655, eff. 7-30-98; 91-513, eff. 8-13-99;
27 91-578, eff. 8-14-99; revised 10-20-99.)
28 (35 ILCS 200/15-105)
29 Sec. 15-105. Park and conservation districts.
30 (a) All property within a park or conservation district
31 with 2,000,000 or more inhabitants and owned by that district
32 is exempt, as is all property located outside the district
33 but owned by it and used as a nursery, garden, or farm for
-342- LRB9111045EGfg
1 the growing of shrubs, trees, flowers and plants for use in
2 beautifying, maintaining and operating playgrounds, parks,
3 parkways, public grounds, and buildings owned or controlled
4 by the district.
5 (b) All property belonging to any park or conservation
6 district with less than 2,000,000 inhabitants is exempt. All
7 property leased to such park district for $1 or less per year
8 and used exclusively as open space for recreational purposes
9 not exceeding 50 acres in the aggregate for each district is
10 exempt.
11 (c) Also exempt is All property belonging to a park
12 district organized pursuant to the Metro-East Park and
13 Recreation District Act is exempt.
14 (Source: P.A. 91-103, eff. 7-13-99; 91-490, eff. 8-13-99;
15 revised 10-7-99.)
16 (35 ILCS 200/15-172)
17 Sec. 15-172. Senior Citizens Assessment Freeze Homestead
18 Exemption.
19 (a) This Section may be cited as the Senior Citizens
20 Assessment Freeze Homestead Exemption.
21 (b) As used in this Section:
22 "Applicant" means an individual who has filed an
23 application under this Section.
24 "Base amount" means the base year equalized assessed
25 value of the residence plus the first year's equalized
26 assessed value of any added improvements which increased the
27 assessed value of the residence after the base year.
28 "Base year" means the taxable year prior to the taxable
29 year for which the applicant first qualifies and applies for
30 the exemption provided that in the prior taxable year the
31 property was improved with a permanent structure that was
32 occupied as a residence by the applicant who was liable for
33 paying real property taxes on the property and who was either
-343- LRB9111045EGfg
1 (i) an owner of record of the property or had legal or
2 equitable interest in the property as evidenced by a written
3 instrument or (ii) had a legal or equitable interest as a
4 lessee in the parcel of property that was single family
5 residence. If in any subsequent taxable year for which the
6 applicant applies and qualifies for the exemption the
7 equalized assessed value of the residence is less than the
8 equalized assessed value in the existing base year (provided
9 that such equalized assessed value is not based on an
10 assessed value that results from a temporary irregularity in
11 the property that reduces the assessed value for one or more
12 taxable years), then that subsequent taxable year shall
13 become the base year until a new base year is established
14 under the terms of this paragraph. For taxable year 1999
15 only, the Chief County Assessment Officer shall review (i)
16 all taxable years for which the applicant applied and
17 qualified for the exemption and (ii) the existing base year.
18 The assessment officer shall select as the new base year the
19 year with the lowest equalized assessed value. An equalized
20 assessed value that is based on an assessed value that
21 results from a temporary irregularity in the property that
22 reduces the assessed value for one or more taxable years
23 shall not be considered the lowest equalized assessed value.
24 The selected year shall be the base year for taxable year
25 1999 and thereafter until a new base year is established
26 under the terms of this paragraph.
27 "Chief County Assessment Officer" means the County
28 Assessor or Supervisor of Assessments of the county in which
29 the property is located.
30 "Equalized assessed value" means the assessed value as
31 equalized by the Illinois Department of Revenue.
32 "Household" means the applicant, the spouse of the
33 applicant, and all persons using the residence of the
34 applicant as their principal place of residence.
-344- LRB9111045EGfg
1 "Household income" means the combined income of the
2 members of a household for the calendar year preceding the
3 taxable year.
4 "Income" has the same meaning as provided in Section 3.07
5 of the Senior Citizens and Disabled Persons Property Tax
6 Relief and Pharmaceutical Assistance Act.
7 "Internal Revenue Code of 1986" means the United States
8 Internal Revenue Code of 1986 or any successor law or laws
9 relating to federal income taxes in effect for the year
10 preceding the taxable year.
11 "Life care facility that qualifies as a cooperative"
12 means a facility as defined in Section 2 of the Life Care
13 Facilities Act.
14 "Residence" means the principal dwelling place and
15 appurtenant structures used for residential purposes in this
16 State occupied on January 1 of the taxable year by a
17 household and so much of the surrounding land, constituting
18 the parcel upon which the dwelling place is situated, as is
19 used for residential purposes. If the Chief County Assessment
20 Officer has established a specific legal description for a
21 portion of property constituting the residence, then that
22 portion of property shall be deemed the residence for the
23 purposes of this Section.
24 "Taxable year" means the calendar year during which ad
25 valorem property taxes payable in the next succeeding year
26 are levied.
27 (c) Beginning in taxable year 1994, a senior citizens
28 assessment freeze homestead exemption is granted for real
29 property that is improved with a permanent structure that is
30 occupied as a residence by an applicant who (i) is 65 years
31 of age or older during the taxable year, (ii) has a household
32 income of $35,000 or less prior to taxable year 1999 or
33 $40,000 or less in taxable year 1999 and thereafter, (iii) is
34 liable for paying real property taxes on the property, and
-345- LRB9111045EGfg
1 (iv) is an owner of record of the property or has a legal or
2 equitable interest in the property as evidenced by a written
3 instrument. This homestead exemption shall also apply to a
4 leasehold interest in a parcel of property improved with a
5 permanent structure that is a single family residence that is
6 occupied as a residence by a person who (i) is 65 years of
7 age or older during the taxable year, (ii) has a household
8 income of $35,000 or less prior to taxable year 1999 or
9 $40,000 or less in taxable year 1999 and thereafter, (iii)
10 has a legal or equitable ownership interest in the property
11 as lessee, and (iv) is liable for the payment of real
12 property taxes on that property.
13 The amount of this exemption shall be the equalized
14 assessed value of the residence in the taxable year for which
15 application is made minus the base amount.
16 When the applicant is a surviving spouse of an applicant
17 for a prior year for the same residence for which an
18 exemption under this Section has been granted, the base year
19 and base amount for that residence are the same as for the
20 applicant for the prior year.
21 Each year at the time the assessment books are certified
22 to the County Clerk, the Board of Review or Board of Appeals
23 shall give to the County Clerk a list of the assessed values
24 of improvements on each parcel qualifying for this exemption
25 that were added after the base year for this parcel and that
26 increased the assessed value of the property.
27 In the case of land improved with an apartment building
28 owned and operated as a cooperative or a building that is a
29 life care facility that qualifies as a cooperative, the
30 maximum reduction from the equalized assessed value of the
31 property is limited to the sum of the reductions calculated
32 for each unit occupied as a residence by a person or persons
33 65 years of age or older with a household income of $35,000
34 or less prior to taxable year 1999 or $40,000 or less in
-346- LRB9111045EGfg
1 taxable year 1999 and thereafter who is liable, by contract
2 with the owner or owners of record, for paying real property
3 taxes on the property and who is an owner of record of a
4 legal or equitable interest in the cooperative apartment
5 building, other than a leasehold interest. In the instance of
6 a cooperative where a homestead exemption has been granted
7 under this Section, the cooperative association or its
8 management firm shall credit the savings resulting from that
9 exemption only to the apportioned tax liability of the owner
10 who qualified for the exemption. Any person who willfully
11 refuses to credit that savings to an owner who qualifies for
12 the exemption is guilty of a Class B misdemeanor.
13 When a homestead exemption has been granted under this
14 Section and an applicant then becomes a resident of a
15 facility licensed under the Nursing Home Care Act, the
16 exemption shall be granted in subsequent years so long as the
17 residence (i) continues to be occupied by the qualified
18 applicant's spouse or (ii) if remaining unoccupied, is still
19 owned by the qualified applicant for the homestead exemption.
20 Beginning January 1, 1997, when an individual dies who
21 would have qualified for an exemption under this Section, and
22 the surviving spouse does not independently qualify for this
23 exemption because of age, the exemption under this Section
24 shall be granted to the surviving spouse for the taxable year
25 preceding and the taxable year of the death, provided that,
26 except for age, the surviving spouse meets all other
27 qualifications for the granting of this exemption for those
28 years.
29 When married persons maintain separate residences, the
30 exemption provided for in this Section may be claimed by only
31 one of such persons and for only one residence.
32 For taxable year 1994 only, in counties having less than
33 3,000,000 inhabitants, to receive the exemption, a person
34 shall submit an application by February 15, 1995 to the Chief
-347- LRB9111045EGfg
1 County Assessment Officer of the county in which the property
2 is located. In counties having 3,000,000 or more
3 inhabitants, for taxable year 1994 and all subsequent taxable
4 years, to receive the exemption, a person may submit an
5 application to the Chief County Assessment Officer of the
6 county in which the property is located during such period as
7 may be specified by the Chief County Assessment Officer. The
8 Chief County Assessment Officer in counties of 3,000,000 or
9 more inhabitants shall annually give notice of the
10 application period by mail or by publication. In counties
11 having less than 3,000,000 inhabitants, beginning with
12 taxable year 1995 and thereafter, to receive the exemption, a
13 person shall submit an application by July 1 of each taxable
14 year to the Chief County Assessment Officer of the county in
15 which the property is located. A county may, by ordinance,
16 establish a date for submission of applications that is
17 different than July 1. The applicant shall submit with the
18 application an affidavit of the applicant's total household
19 income, age, marital status (and if married the name and
20 address of the applicant's spouse, if known), and principal
21 dwelling place of members of the household on January 1 of
22 the taxable year. The Department shall establish, by rule, a
23 method for verifying the accuracy of affidavits filed by
24 applicants under this Section. The applications shall be
25 clearly marked as applications for the Senior Citizens
26 Assessment Freeze Homestead Exemption.
27 Notwithstanding any other provision to the contrary, in
28 counties having fewer than 3,000,000 inhabitants, if an
29 applicant fails to file the application required by this
30 Section in a timely manner and this failure to file is due to
31 a mental or physical condition sufficiently severe so as to
32 render the applicant incapable of filing the application in a
33 timely manner, the Chief County Assessment Officer may extend
34 the filing deadline for a period of 30 days after the
-348- LRB9111045EGfg
1 applicant regains the capability to file the application, but
2 in no case may the filing deadline be extended beyond 3
3 months of the original filing deadline. In order to receive
4 the extension provided in this paragraph, the applicant shall
5 provide the Chief County Assessment Officer with a signed
6 statement from the applicant's physician stating the nature
7 and extent of the condition, that, in the physician's
8 opinion, the condition was so severe that it rendered the
9 applicant incapable of filing the application in a timely
10 manner, and the date on which the applicant regained the
11 capability to file the application.
12 Beginning January 1, 1998, notwithstanding any other
13 provision to the contrary, in counties having fewer than
14 3,000,000 inhabitants, if an applicant fails to file the
15 application required by this Section in a timely manner and
16 this failure to file is due to a mental or physical condition
17 sufficiently severe so as to render the applicant incapable
18 of filing the application in a timely manner, the Chief
19 County Assessment Officer may extend the filing deadline for
20 a period of 3 months. In order to receive the extension
21 provided in this paragraph, the applicant shall provide the
22 Chief County Assessment Officer with a signed statement from
23 the applicant's physician stating the nature and extent of
24 the condition, and that, in the physician's opinion, the
25 condition was so severe that it rendered the applicant
26 incapable of filing the application in a timely manner.
27 In counties having less than 3,000,000 inhabitants, if an
28 applicant was denied an exemption in taxable year 1994 and
29 the denial occurred due to an error on the part of an
30 assessment official, or his or her agent or employee, then
31 beginning in taxable year 1997 the applicant's base year, for
32 purposes of determining the amount of the exemption, shall be
33 1993 rather than 1994. In addition, in taxable year 1997, the
34 applicant's exemption shall also include an amount equal to
-349- LRB9111045EGfg
1 (i) the amount of any exemption denied to the applicant in
2 taxable year 1995 as a result of using 1994, rather than
3 1993, as the base year, (ii) the amount of any exemption
4 denied to the applicant in taxable year 1996 as a result of
5 using 1994, rather than 1993, as the base year, and (iii) the
6 amount of the exemption erroneously denied for taxable year
7 1994.
8 For purposes of this Section, a person who will be 65
9 years of age during the current taxable year shall be
10 eligible to apply for the homestead exemption during that
11 taxable year. Application shall be made during the
12 application period in effect for the county of his or her
13 residence.
14 The Chief County Assessment Officer may determine the
15 eligibility of a life care facility that qualifies as a
16 cooperative to receive the benefits provided by this Section
17 by use of an affidavit, application, visual inspection,
18 questionnaire, or other reasonable method in order to insure
19 that the tax savings resulting from the exemption are
20 credited by the management firm to the apportioned tax
21 liability of each qualifying resident. The Chief County
22 Assessment Officer may request reasonable proof that the
23 management firm has so credited that exemption.
24 Except as provided in this Section, all information
25 received by the chief county assessment officer or the
26 Department from applications filed under this Section, or
27 from any investigation conducted under the provisions of this
28 Section, shall be confidential, except for official purposes
29 or pursuant to official procedures for collection of any
30 State or local tax or enforcement of any civil or criminal
31 penalty or sanction imposed by this Act or by any statute or
32 ordinance imposing a State or local tax. Any person who
33 divulges any such information in any manner, except in
34 accordance with a proper judicial order, is guilty of a Class
-350- LRB9111045EGfg
1 A misdemeanor.
2 Nothing contained in this Section shall prevent the
3 Director or chief county assessment officer from publishing
4 or making available reasonable statistics concerning the
5 operation of the exemption contained in this Section in which
6 the contents of claims are grouped into aggregates in such a
7 way that information contained in any individual claim shall
8 not be disclosed.
9 (d) Each Chief County Assessment Officer shall annually
10 publish a notice of availability of the exemption provided
11 under this Section. The notice shall be published at least
12 60 days but no more than 75 days prior to the date on which
13 the application must be submitted to the Chief County
14 Assessment Officer of the county in which the property is
15 located. The notice shall appear in a newspaper of general
16 circulation in the county.
17 (Source: P.A. 90-14, eff. 7-1-97; 90-204, eff. 7-25-97;
18 90-523, eff. 11-13-97; 90-524, eff. 1-1-98; 90-531, eff.
19 1-1-98; 90-655, eff. 7-30-98; 91-45, eff. 6-30-99; 91-56,
20 eff. 6-30-99; revised 9-27-99.)
21 Section 39. The Motor Fuel Tax Law is amended by
22 changing Sections 1.2, 1.14, and 8 as follows:
23 (35 ILCS 505/1.2) (from Ch. 120, par. 417.2)
24 Sec. 1.2. Distributor. "Distributor" means a person who
25 either (i) produces, refines, blends, compounds or
26 manufactures motor fuel in this State, or (ii) transports
27 motor fuel into this State, or (iii) engages in the
28 distribution of motor fuel primarily by tank car or tank
29 truck, or both, and who operates an Illinois bulk plant where
30 he or she has active bulk storage capacity of not less than
31 30,000 gallons for gasoline as defined in item (A) of Section
32 5 of this Law.
-351- LRB9111045EGfg
1 "Distributor" does not, however, include a person who
2 receives or transports into this State and sells or uses
3 motor fuel under such circumstances as preclude the
4 collection of the tax herein imposed, by reason of the
5 provisions of the constitution and statutes of the United
6 States. However, a person operating a motor vehicle into the
7 State, may transport motor fuel in the ordinary fuel tank
8 attached to the motor vehicle for the operation of the motor
9 vehicle, without being considered a distributor. Any
10 railroad licensed as a bulk user and registered under Section
11 18c-7201 of the Illinois Vehicle Code may deliver special
12 fuel directly into the fuel supply tank of a locomotive
13 owned, operated, or controlled by any other railroad
14 registered under Section 18c-7201 of the Illinois Vehicle
15 Code without being considered a distributor.
16 (Source: P.A. 91-173, eff. 1-1-00; 91-198, eff. 7-20-99;
17 revised 10-12-99.)
18 (35 ILCS 505/1.14) (from Ch. 120, par. 417.14)
19 Sec. 1.14. Supplier. "Supplier" means any person other
20 than a licensed distributor who (i) transports special fuel
21 into this State or (ii) engages in the distribution of
22 special fuel primarily by tank car or tank truck, or both,
23 and who operates an Illinois bulk plant where he has active
24 bulk storage capacity of not less than 30,000 gallons for
25 special fuel as defined in Section 1.13 of this Law.
26 "Supplier" does not, however, include a person who
27 receives or transports into this State and sells or uses
28 special fuel under such circumstances as preclude the
29 collection of the tax herein imposed, by reason of the
30 provisions of the Constitution and laws of the United States.
31 However, a person operating a motor vehicle into the State,
32 may transport special fuel in the ordinary fuel tank attached
33 to the motor vehicle for the operation of the motor vehicle
-352- LRB9111045EGfg
1 without being considered a supplier. Any railroad licensed as
2 a bulk user and registered under Section 18c-7201 of the
3 Illinois Vehicle Code may deliver special fuel directly into
4 the fuel supply tank of a locomotive owned, operated, or
5 controlled by any other railroad registered under Section
6 18c-7201 of the Illinois Vehicle Code without being
7 considered a supplier.
8 (Source: P.A. 91-173, eff. 1-1-00; 91-198, eff. 7-20-99;
9 revised 10-12-99.)
10 (35 ILCS 505/8) (from Ch. 120, par. 424)
11 Sec. 8. Except as provided in Sections 8a and 13a.6 and
12 items 13, 14, 15, and 16 of Section 15, all money received by
13 the Department under this Act, including payments made to the
14 Department by member jurisdictions participating in the
15 International Fuel Tax Agreement, shall be deposited in a
16 special fund in the State treasury, to be known as the "Motor
17 Fuel Tax Fund", and shall be used as follows:
18 (a) 2 1/2 cents per gallon of the tax collected on
19 special fuel under paragraph (b) of Section 2 and Section 13a
20 of this Act shall be transferred to the State Construction
21 Account Fund in the State Treasury;
22 (b) $420,000 shall be transferred each month to the
23 State Boating Act Fund to be used by the Department of
24 Natural Resources for the purposes specified in Article X of
25 the Boat Registration and Safety Act;
26 (c) $2,250,000 shall be transferred each month to the
27 Grade Crossing Protection Fund to be used as follows: not
28 less than $6,000,000 each fiscal year shall be used for the
29 construction or reconstruction of rail highway grade
30 separation structures; beginning with fiscal year 1997 and
31 ending in fiscal year 2003, $1,500,000, and $750,000 in
32 fiscal year 2004 and each fiscal year thereafter shall be
33 transferred to the Transportation Regulatory Fund and shall
-353- LRB9111045EGfg
1 be accounted for as part of the rail carrier portion of such
2 funds and shall be used to pay the cost of administration of
3 the Illinois Commerce Commission's railroad safety program in
4 connection with its duties under subsection (3) of Section
5 18c-7401 of the Illinois Vehicle Code, with the remainder to
6 be used by the Department of Transportation upon order of the
7 Illinois Commerce Commission, to pay that part of the cost
8 apportioned by such Commission to the State to cover the
9 interest of the public in the use of highways, roads or
10 streets in the county highway system, township and district
11 road system or municipal street system as defined in the
12 Illinois Highway Code, as the same may from time to time be
13 amended, for separation of grades, for installation,
14 construction or reconstruction of crossing protection or
15 reconstruction, alteration, relocation including construction
16 or improvement of any existing highway necessary for access
17 to property or improvement of any grade crossing including
18 the necessary highway approaches thereto of any railroad
19 across the highway or public road, as provided for in and in
20 accordance with Section 18c-7401 of the Illinois Vehicle
21 Code. In entering orders for projects for which payments
22 from the Grade Crossing Protection Fund will be made, the
23 Commission shall account for expenditures authorized by the
24 orders on a cash rather than an accrual basis. For purposes
25 of this requirement an "accrual basis" assumes that the total
26 cost of the project is expended in the fiscal year in which
27 the order is entered, while a "cash basis" allocates the cost
28 of the project among fiscal years as expenditures are
29 actually made. To meet the requirements of this subsection,
30 the Illinois Commerce Commission shall develop annual and
31 5-year project plans of rail crossing capital improvements
32 that will be paid for with moneys from the Grade Crossing
33 Protection Fund. The annual project plan shall identify
34 projects for the succeeding fiscal year and the 5-year
-354- LRB9111045EGfg
1 project plan shall identify projects for the 5 directly
2 succeeding fiscal years. The Commission shall submit the
3 annual and 5-year project plans for this Fund to the
4 Governor, the President of the Senate, the Senate Minority
5 Leader, the Speaker of the House of Representatives, and the
6 Minority Leader of the House of Representatives on the first
7 Wednesday in April of each year;
8 (d) of the amount remaining after allocations provided
9 for in subsections (a), (b) and (c), a sufficient amount
10 shall be reserved to pay all of the following:
11 (1) the costs of the Department of Revenue in
12 administering this Act;
13 (2) the costs of the Department of Transportation
14 in performing its duties imposed by the Illinois Highway
15 Code for supervising the use of motor fuel tax funds
16 apportioned to municipalities, counties and road
17 districts;
18 (3) refunds provided for in Section 13 of this Act
19 and under the terms of the International Fuel Tax
20 Agreement referenced in Section 14a;
21 (4) from October 1, 1985 until June 30, 1994, the
22 administration of the Vehicle Emissions Inspection Law,
23 which amount shall be certified monthly by the
24 Environmental Protection Agency to the State Comptroller
25 and shall promptly be transferred by the State
26 Comptroller and Treasurer from the Motor Fuel Tax Fund to
27 the Vehicle Inspection Fund, and beginning July 1, 1994,
28 and until December 31, 2000, one-twelfth of $25,000,000
29 each month for the administration of the Vehicle
30 Emissions Inspection Law of 1995, to be transferred by
31 the State Comptroller and Treasurer from the Motor Fuel
32 Tax Fund into the Vehicle Inspection Fund;
33 (5) amounts ordered paid by the Court of Claims;
34 and
-355- LRB9111045EGfg
1 (6) payment of motor fuel use taxes due to member
2 jurisdictions under the terms of the International Fuel
3 Tax Agreement. The Department shall certify these
4 amounts to the Comptroller by the 15th day of each month;
5 the Comptroller shall cause orders to be drawn for such
6 amounts, and the Treasurer shall administer those amounts
7 on or before the last day of each month;
8 (e) after allocations for the purposes set forth in
9 subsections (a), (b), (c) and (d), the remaining amount shall
10 be apportioned as follows:
11 (1) Until January 1, 2000, 58.4%, and beginning
12 January 1, 2000, 45.6% shall be deposited as follows:
13 (A) 37% into the State Construction Account
14 Fund, and
15 (B) 63% into the Road Fund, $1,250,000 of
16 which shall be reserved each month for the
17 Department of Transportation to be used in
18 accordance with the provisions of Sections 6-901
19 through 6-906 of the Illinois Highway Code;
20 (2) Until January 1, 2000, 41.6%, and beginning
21 January 1, 2000, 54.4% shall be transferred to the
22 Department of Transportation to be distributed as
23 follows:
24 (A) 49.10% to the municipalities of the State,
25 (B) 16.74% to the counties of the State having
26 1,000,000 or more inhabitants,
27 (C) 18.27% to the counties of the State having
28 less than 1,000,000 inhabitants,
29 (D) 15.89% to the road districts of the State.
30 As soon as may be after the first day of each month the
31 Department of Transportation shall allot to each municipality
32 its share of the amount apportioned to the several
33 municipalities which shall be in proportion to the population
34 of such municipalities as determined by the last preceding
-356- LRB9111045EGfg
1 municipal census if conducted by the Federal Government or
2 Federal census. If territory is annexed to any municipality
3 subsequent to the time of the last preceding census the
4 corporate authorities of such municipality may cause a census
5 to be taken of such annexed territory and the population so
6 ascertained for such territory shall be added to the
7 population of the municipality as determined by the last
8 preceding census for the purpose of determining the allotment
9 for that municipality. If the population of any municipality
10 was not determined by the last Federal census preceding any
11 apportionment, the apportionment to such municipality shall
12 be in accordance with any census taken by such municipality.
13 Any municipal census used in accordance with this Section
14 shall be certified to the Department of Transportation by the
15 clerk of such municipality, and the accuracy thereof shall be
16 subject to approval of the Department which may make such
17 corrections as it ascertains to be necessary.
18 As soon as may be after the first day of each month the
19 Department of Transportation shall allot to each county its
20 share of the amount apportioned to the several counties of
21 the State as herein provided. Each allotment to the several
22 counties having less than 1,000,000 inhabitants shall be in
23 proportion to the amount of motor vehicle license fees
24 received from the residents of such counties, respectively,
25 during the preceding calendar year. The Secretary of State
26 shall, on or before April 15 of each year, transmit to the
27 Department of Transportation a full and complete report
28 showing the amount of motor vehicle license fees received
29 from the residents of each county, respectively, during the
30 preceding calendar year. The Department of Transportation
31 shall, each month, use for allotment purposes the last such
32 report received from the Secretary of State.
33 As soon as may be after the first day of each month, the
34 Department of Transportation shall allot to the several
-357- LRB9111045EGfg
1 counties their share of the amount apportioned for the use of
2 road districts. The allotment shall be apportioned among the
3 several counties in the State in the proportion which the
4 total mileage of township or district roads in the respective
5 counties bears to the total mileage of all township and
6 district roads in the State. Funds allotted to the respective
7 counties for the use of road districts therein shall be
8 allocated to the several road districts in the county in the
9 proportion which the total mileage of such township or
10 district roads in the respective road districts bears to the
11 total mileage of all such township or district roads in the
12 county. After July 1 of any year, no allocation shall be
13 made for any road district unless it levied a tax for road
14 and bridge purposes in an amount which will require the
15 extension of such tax against the taxable property in any
16 such road district at a rate of not less than either .08% of
17 the value thereof, based upon the assessment for the year
18 immediately prior to the year in which such tax was levied
19 and as equalized by the Department of Revenue or, in DuPage
20 County, an amount equal to or greater than $12,000 per mile
21 of road under the jurisdiction of the road district,
22 whichever is less. If any road district has levied a special
23 tax for road purposes pursuant to Sections 6-601, 6-602 and
24 6-603 of the Illinois Highway Code, and such tax was levied
25 in an amount which would require extension at a rate of not
26 less than .08% of the value of the taxable property thereof,
27 as equalized or assessed by the Department of Revenue, or, in
28 DuPage County, an amount equal to or greater than $12,000 per
29 mile of road under the jurisdiction of the road district,
30 whichever is less, such levy shall, however, be deemed a
31 proper compliance with this Section and shall qualify such
32 road district for an allotment under this Section. If a
33 township has transferred to the road and bridge fund money
34 which, when added to the amount of any tax levy of the road
-358- LRB9111045EGfg
1 district would be the equivalent of a tax levy requiring
2 extension at a rate of at least .08%, or, in DuPage County,
3 an amount equal to or greater than $12,000 per mile of road
4 under the jurisdiction of the road district, whichever is
5 less, such transfer, together with any such tax levy, shall
6 be deemed a proper compliance with this Section and shall
7 qualify the road district for an allotment under this
8 Section.
9 In counties in which a property tax extension limitation
10 is imposed under the Property Tax Extension Limitation Law,
11 road districts may retain their entitlement to a motor fuel
12 tax allotment if, at the time the property tax extension
13 limitation was imposed, the road district was levying a road
14 and bridge tax at a rate sufficient to entitle it to a motor
15 fuel tax allotment and continues to levy the maximum
16 allowable amount after the imposition of the property tax
17 extension limitation. Any road district may in all
18 circumstances retain its entitlement to a motor fuel tax
19 allotment if it levied a road and bridge tax in an amount
20 that will require the extension of the tax against the
21 taxable property in the road district at a rate of not less
22 than 0.08% of the assessed value of the property, based upon
23 the assessment for the year immediately preceding the year in
24 which the tax was levied and as equalized by the Department
25 of Revenue or, in DuPage County, an amount equal to or
26 greater than $12,000 per mile of road under the jurisdiction
27 of the road district, whichever is less.
28 As used in this Section the term "road district" means
29 any road district, including a county unit road district,
30 provided for by the Illinois Highway Code; and the term
31 "township or district road" means any road in the township
32 and district road system as defined in the Illinois Highway
33 Code. For the purposes of this Section, "road district" also
34 includes park districts, forest preserve districts and
-359- LRB9111045EGfg
1 conservation districts organized under Illinois law and
2 "township or district road" also includes such roads as are
3 maintained by park districts, forest preserve districts and
4 conservation districts. The Department of Transportation
5 shall determine the mileage of all township and district
6 roads for the purposes of making allotments and allocations
7 of motor fuel tax funds for use in road districts.
8 Payment of motor fuel tax moneys to municipalities and
9 counties shall be made as soon as possible after the
10 allotment is made. The treasurer of the municipality or
11 county may invest these funds until their use is required and
12 the interest earned by these investments shall be limited to
13 the same uses as the principal funds.
14 (Source: P.A. 90-110, eff. 7-14-97; 90-655, eff. 7-30-98;
15 90-659, eff. 1-1-99; 90-691, eff. 1-1-99; 91-37, eff. 7-1-99;
16 91-59, eff. 6-30-99; 91-173, eff. 1-1-00; 91-357, eff.
17 7-29-99; revised 8-23-99.)
18 Section 40. The Illinois Pension Code is amended by
19 changing Section 1-109.1 as follows:
20 (40 ILCS 5/1-109.1) (from Ch. 108 1/2, par. 1-109.1)
21 Sec. 1-109.1. Allocation and Delegation of Fiduciary
22 Duties.
23 (1) Subject to the provisions of Section 22A-113 of this
24 Code and subsections (2) and (3) of this Section, the board
25 of trustees of a retirement system or pension fund
26 established under this Code may:
27 (a) Appoint one or more investment managers as
28 fiduciaries to manage (including the power to acquire and
29 dispose of) any assets of the retirement system or
30 pension fund; and
31 (b) Allocate duties among themselves and designate
32 others as fiduciaries to carry out specific fiduciary
-360- LRB9111045EGfg
1 activities other than the management of the assets of the
2 retirement system or pension fund.
3 (2) The board of trustees of a pension fund established
4 under Article 5, 6, 8, 9, 10, 11, 12 or 17 of this Code may
5 not transfer its investment authority, nor transfer the
6 assets of the fund to any other person or entity for the
7 purpose of consolidating or merging its assets and management
8 with any other pension fund or public investment authority,
9 unless the board resolution authorizing such transfer is
10 submitted for approval to the contributors and pensioners of
11 the fund at elections held not less than 30 days after the
12 adoption of such resolution by the board, and such resolution
13 is approved by a majority of the votes cast on the question
14 in both the contributors election and the pensioners
15 election. The election procedures and qualifications
16 governing the election of trustees shall govern the
17 submission of resolutions for approval under this paragraph,
18 insofar as they may be made applicable.
19 (3) Pursuant to subsections (h) and (i) of Section 6 of
20 Article VII of the Illinois Constitution, the investment
21 authority of boards of trustees of retirement systems and
22 pension funds established under this Code is declared to be a
23 subject of exclusive State jurisdiction, and the concurrent
24 exercise by a home rule unit of any power affecting such
25 investment authority is hereby specifically denied and
26 preempted.
27 (4) For the purposes of this Code, "emerging investment
28 manager" means a qualified investment adviser that manages an
29 investment portfolio of at least $10,000,000 but less than
30 $400,000,000 on January 1, 1993 and is a "minority owned
31 business" or "female owned business" as those terms are
32 defined in the Minority and Female Business Enterprise for
33 Minorities, Females, and Persons with Disabilities Act.
34 It is hereby declared to be the public policy of the
-361- LRB9111045EGfg
1 State of Illinois to encourage the trustees of public
2 employee retirement systems to use emerging investment
3 managers in managing their system's assets to the greatest
4 extent feasible within the bounds of financial and fiduciary
5 prudence, and to take affirmative steps to remove any
6 barriers to the full participation of emerging investment
7 managers in investment opportunities afforded by those
8 retirement systems.
9 Each retirement system subject to this Code shall prepare
10 a report to be submitted to the Governor and the General
11 Assembly by September 1 of each year. The report shall
12 identify the emerging investment managers used by the system,
13 the percentage of the system's assets under the investment
14 control of emerging investment managers, and the actions it
15 has undertaken to increase the use of emerging investment
16 managers, including encouraging other investment managers to
17 use emerging investment managers as subcontractors when the
18 opportunity arises.
19 The use of an emerging investment manager does not
20 constitute a transfer of investment authority for the
21 purposes of subsection (2) of this Section.
22 (Source: P.A. 86-1488; 87-1265; revised 8-23-99)
23 Section 41. The Public Building Commission Act is
24 amended by changing Section 18 as follows:
25 (50 ILCS 20/18) (from Ch. 85, par. 1048)
26 Sec. 18. Whenever, and as often as, a municipal
27 corporation having taxing power enters into a lease with a
28 Public Building Commission, the governing body of such
29 municipal corporation shall provide by ordinance or
30 resolution, as the case may be, for the levy and collection
31 of a direct annual tax sufficient to pay the annual rent
32 payable under such lease as and when it becomes due and
-362- LRB9111045EGfg
1 payable. A certified copy of the lease of such municipal
2 corporation and a certified copy of the tax levying ordinance
3 or resolution, as the case may be, of such municipal
4 corporation shall be filed in the office of the county clerk
5 in each county in which any portion of the territory of such
6 municipal corporation is situated, which certified copies
7 shall constitute the authority for the county clerk or
8 clerks, in each case, to extend the taxes annually necessary
9 to pay the annual rent payable under such lease as and when
10 it becomes due and payable. No taxes shall be extended for
11 any lease entered into after the effective date of this
12 amendatory Act of 1993, however, until after a public hearing
13 on the lease. The clerk or secretary of the governing body of
14 the municipal corporation shall cause notice of the time and
15 place of the hearing to be published at least once, at least
16 15 days before the hearing, in a newspaper published or
17 having general circulation within the municipal corporation.
18 If no such newspaper exists, the clerk or secretary shall
19 cause the notice to be posted, at least 15 days before the
20 hearing, in at least 10 conspicuous places within the
21 municipal corporation. The notice shall be in the following
22 form:
23 NOTICE OF PUBLIC HEARING ON LEASE between (name of the
24 municipal corporation) and (name of the public building
25 commission).
26 A public hearing regarding a lease between (name of the
27 municipal corporation) and (name of the public building
28 commission) will be held by (name of the governing body of
29 the municipal corporation) on (date) at (time) at (location).
30 The largest yearly rental payment set forth in the lease is
31 ($ amount). The maximum length of the lease is (years).
32 The purpose of the lease is (explain in 25 words or
33 less).
34 Dated (insert date). this day of .
-363- LRB9111045EGfg
1 By Order of (name of the governing body
2 of the Municipal Corporation)
3 /s/............
4 Clerk or Secretary.
5 At the hearing, all persons residing or owning property
6 in the municipal corporation shall have an opportunity to be
7 heard orally, in writing, or both.
8 Upon the filing of the certified copies of the lease and
9 the tax levying ordinance or resolution in the office of the
10 county clerk or clerks of the proper county or counties, it
11 shall be the duty of such county clerk or clerks to ascertain
12 the rate per cent which, upon the value of all property
13 subject to taxation within the municipal corporation, as that
14 property is assessed or equalized by the Department of
15 Revenue, will produce a net amount of not less than the
16 amount of the annual rent reserved in such lease. The county
17 clerk or clerks shall thereupon, and thereafter annually
18 during the term of the lease, extend taxes against all of the
19 taxable property contained in that municipal corporation
20 sufficient to pay the annual rental reserved in such lease.
21 Such tax shall be levied and collected in like manner with
22 the other taxes of such municipal corporation and shall be in
23 addition to all other taxes now or hereafter authorized to be
24 levied by that municipal corporation. This tax shall not be
25 included within any statutory limitation of rate or amount
26 for that municipal corporation but shall be excluded
27 therefrom and be in addition thereto and in excess thereof.
28 The fund realized from such tax levy shall be set aside for
29 the payment of the annual rent and shall not be disbursed for
30 any other purpose until the annual rental has been paid in
31 full. This Section shall not be construed to limit the power
32 of the Commission to enter into leases with any municipal
33 corporation whether or not the municipal corporation has the
34 power of taxation.
-364- LRB9111045EGfg
1 (Source: P.A. 87-1208; 87-1279; revised 1-10-00.)
2 Section 42. The Local Records Act is amended by changing
3 Section 3b as follows:
4 (50 ILCS 205/3b)
5 Sec. 3b. Arrest reports.
6 (a) When an individual is arrested, the following
7 information must be made available to the news media for
8 inspection and copying:
9 (1) Information that identifies the individual
10 person, including the name, age, address, and photograph,
11 when and if available.
12 (2) Information detailing any charges relating to
13 the arrest.
14 (3) The time and location of the arrest.
15 (4) The name of the investigating or arresting law
16 enforcement agency.
17 (5) If the individual is incarcerated, the amount
18 of any bail or bond.
19 (6) If the individual is incarcerated, the time and
20 date that the individual was received, discharged, or
21 transferred from the arresting agency's custody.
22 (b) The information required by this Section must be
23 made available to the news media for inspection and copying
24 as soon as practicable, but in no event shall the time period
25 exceed 72 hours from the arrest. The information described
26 in paragraphs (3), (4), (5), and (6) 3, 4, 5, and 6 of
27 subsection (a), however, may be withheld if it is determined
28 that disclosure would:
29 (1) interfere with pending or actually and
30 reasonably contemplated law enforcement proceedings
31 conducted by any law enforcement or correctional agency;
32 (2) endanger the life or physical safety of law
-365- LRB9111045EGfg
1 enforcement or correctional personnel or any other
2 person; or
3 (3) compromise the security of any correctional
4 facility.
5 (c) For the purposes of this Section the term "news
6 media" means personnel of a newspaper or other periodical
7 issued at regular intervals, a news service, a radio station,
8 a television station, a community antenna television service,
9 or a person or corporation engaged in making news reels or
10 other motion picture news for public showing.
11 (d) Each law enforcement or correctional agency may
12 charge fees for arrest records, but in no instance may the
13 fee exceed the actual cost of copying and reproduction. The
14 fees may not include the cost of the labor used to reproduce
15 the arrest record.
16 (e) The provisions of this Section do not supersede the
17 confidentiality provisions for arrest records of the Juvenile
18 Court Act of 1987.
19 (Source: P.A. 91-309, eff. 7-29-99; revised 11-3-99.)
20 Section 43. The Emergency Telephone System Act is
21 amended by changing Section 15.6 as follows:
22 (50 ILCS 750/15.6)
23 Sec. 15.6. Enhanced 9-1-1 service; business service.
24 (a) After June 30, 2000, or within 18 months after
25 enhanced 9-1-1 service becomes available, any entity that
26 installs or operates a private business switch service and
27 provides telecommunications facilities or services to
28 businesses shall assure that the system is connected to the
29 public switched network in a manner that calls to 9-1-1
30 result in automatic number and location identification. For
31 buildings having their own street address and containing
32 workspace of 40,000 square feet or less, location
-366- LRB9111045EGfg
1 identification shall include the building's street address.
2 For buildings having their own street address and containing
3 workspace of more than 40,000 square feet, location
4 identification shall include the building's street address
5 and one distinct location identification per 40,000 square
6 feet of workspace. Separate buildings containing workspace of
7 40,000 square feet or less having a common public street
8 address shall have a distinct location identification for
9 each building in addition to the street address.
10 (b) Exemptions. Buildings containing workspace of more
11 than 40,000 square feet are exempt from the multiple location
12 identification requirements of subsection (a) if the building
13 maintains, at all times, alternative and adequate means of
14 signaling and responding to emergencies. Those means shall
15 include, but not be limited to, a telephone system that
16 provides the physical location of 9-1-1 calls coming from
17 within the building. Health care facilities are presumed to
18 meet the requirements of this paragraph if the facilities are
19 staffed with medical or nursing personnel 24 hours per day
20 and if an alternative means of providing information about
21 the source of an emergency call exists. Buildings under this
22 exemption must provide 9-1-1 service that provides the
23 building's street address.
24 Buildings containing workspace of more than 40,000 square
25 feet are exempt from subsection (a) if the building
26 maintains, at all times, alternative and adequate means of
27 signaling and responding to emergencies, including a
28 telephone system that provides the location of a 9-1-1 call
29 coming from within the building, and the building is serviced
30 by its own medical, fire and security personnel. Buildings
31 under this exemption are subject to emergency phone system
32 certification by the Illinois Commerce Commission.
33 Buildings in communities not serviced by enhanced 9-1-1
34 service are exempt from subsection (a). 2000
-367- LRB9111045EGfg
1 (c) This Act does not apply to any PBX telephone
2 extension that uses radio transmissions to convey electrical
3 signals directly between the telephone extension and the
4 serving PBX.
5 (d) An entity that violates this Section is guilty of a
6 business offense and shall be fined not less than $1,000 and
7 not more than $5,000.
8 (e) Nothing in this Section shall be construed to
9 preclude the Attorney General on behalf of the Commission or
10 on his or her own initiative, or any other interested person,
11 from seeking judicial relief, by mandamus, injunction, or
12 otherwise, to compel compliance with this Section.
13 (f) The Commission shall promulgate rules for the
14 administration of this Section no later than January 1, 2000.
15 (Source: P.A. 90-819, eff. 3-23-99; 91-518, eff. 8-13-99;
16 revised 10-20-99.)
17 Section 44. The Counties Code is amended by changing
18 Section 4-2001 as follows:
19 (55 ILCS 5/4-2001) (from Ch. 34, par. 4-2001)
20 Sec. 4-2001. State's attorney salaries.
21 (a) There shall be allowed to the several state's
22 attorneys in this State, except the state's attorney of Cook
23 County, the following annual salary:
24 (1) Subject to paragraph (5), to each state's
25 attorney in counties containing less than 10,000
26 inhabitants, $40,500 until December 31, 1988, $45,500
27 until June 30, 1994, and $55,500 thereafter or as set by
28 the Compensation Review Board, whichever is greater.
29 (2) Subject to paragraph (5), to each state's
30 attorney in counties containing 10,000 or more
31 inhabitants but less than 20,000 inhabitants, $46,500
32 until December 31, 1988, $61,500 until June 30, 1994, and
-368- LRB9111045EGfg
1 $71,500 thereafter or as set by the Compensation Review
2 Board, whichever is greater.
3 (3) Subject to paragraph (5), to each state's
4 attorney in counties containing 20,000 or more but less
5 than 30,000 inhabitants, $51,000 until December 31, 1988,
6 $65,000 until June 30, 1994, and $75,000 thereafter or as
7 set by the Compensation Review Board, whichever is
8 greater.
9 (4) To each state's attorney in counties of 30,000
10 or more inhabitants, $65,500 until December 31, 1988,
11 $80,000 until June 30, 1994, and $96,837 thereafter or as
12 set by the Compensation Review Board, whichever is
13 greater.
14 (5) Effective December 1, 2000, to each state's
15 attorney in counties containing fewer than 30,000
16 inhabitants, the same salary plus any cost of living
17 adjustments as authorized by the Compensation Review
18 Board to take effect after January 1, 1999, for state's
19 attorneys in counties containing 20,000 or more but fewer
20 than 30,000 inhabitants, or as set by the Compensation
21 Review Board whichever is greater.
22 The State shall furnish 66 2/3% of the total annual
23 compensation to be paid to each state's attorney in Illinois
24 based on the salary in effect on December 31, 1988, and 100%
25 of the increases in salary taking effect after December 31,
26 1988.
27 Said amounts furnished by the State shall be payable
28 monthly from the state treasury to the county in which each
29 state's attorney is elected.
30 Each county shall be required to furnish 33 1/3% of the
31 total annual compensation to be paid to each state's attorney
32 in Illinois based on the salary in effect on December 31,
33 1988.
34 (b) Effective December 1, 2000, no state's attorney may
-369- LRB9111045EGfg
1 engage in the private practice of law. However, until
2 November 30, 2000, (i) the state's attorneys in counties
3 containing fewer than 10,000 inhabitants may engage in the
4 practice of law, and (ii) in any county between 10,000 and
5 30,000 inhabitants or in any county containing 30,000 or more
6 inhabitants which reached that population between 1970 and
7 December 31, 1981, the state's attorney may declare his or
8 her intention to engage in the private practice of law, and
9 may do so through no later than November 30, 2000, by filing
10 a written declaration of intent to engage in the private
11 practice of law with the county clerk. The declaration of
12 intention shall be irrevocable during the remainder of the
13 term of office. The declaration shall be filed with the
14 county clerk within 30 days of certification of election or
15 appointment, or within 60 days of March 15, 1989, whichever
16 is later. In that event the annual salary of such state's
17 attorney shall be as follows:
18 (1) In counties containing 10,000 or more
19 inhabitants but less than 20,000 inhabitants, $46,500
20 until December 31, 1988, $51,500 until June 30, 1994, and
21 $61,500 thereafter or as set by the Compensation Review
22 Board, whichever is greater. The State shall furnish
23 100% of the increases taking effect after December 31,
24 1988.
25 (2) In counties containing 20,000 or more
26 inhabitants but less than 30,000 inhabitants, and in
27 counties containing 30,000 or more inhabitants which
28 reached said population between 1970 and December 31,
29 1981, $51,500 until December 31, 1988, $56,000 until June
30 30, 1994, and $65,000 thereafter or as set by the
31 Compensation Review Board, whichever is greater. The
32 State shall furnish 100% of the increases taking effect
33 after December 31, 1988.
34 (c) In counties where a state mental health institution,
-370- LRB9111045EGfg
1 as hereinafter defined, is located, one assistant state's
2 attorney shall receive for his services, payable monthly from
3 the state treasury to the county in which he is appointed,
4 the following:
5 (1) To each assistant state's attorney in counties
6 containing less than 10,000 inhabitants, the sum of
7 $2,500 per annum;
8 (2) To each assistant state's attorney in counties
9 containing not less than 10,000 inhabitants and not more
10 than 20,000 inhabitants, the sum of $3,500 per annum;
11 (3) To each assistant state's attorney in counties
12 containing not less than 20,000 inhabitants and not more
13 than 30,000 inhabitants, the sum of $4,000 per annum;
14 (4) To each assistant state's attorney in counties
15 containing not less than 30,000 inhabitants and not more
16 than 40,000 inhabitants, the sum of $4,500 per annum;
17 (5) To each assistant state's attorney in counties
18 containing not less than 40,000 inhabitants and not more
19 than 70,000 inhabitants, the sum of $5,000 per annum;
20 (6) To each assistant state's attorney in counties
21 containing not less than 70,000 inhabitants and not more
22 than 1,000,000 inhabitants, the sum of $6,000 per annum.
23 (d) The population of all counties for the purpose of
24 fixing salaries as herein provided shall be based upon the
25 last Federal census immediately previous to the appointment
26 of an assistant state's attorney in each county.
27 (e) At the request of the county governing authority, in
28 counties where one or more state correctional institutions,
29 as hereinafter defined, are located, one or more assistant
30 state's attorneys shall receive for their services, provided
31 that such services are performed in connection with the state
32 correctional institution, payable monthly from the state
33 treasury to the county in which they are appointed, the
34 following:
-371- LRB9111045EGfg
1 (1) $22,000 for each assistant state's attorney in
2 counties with one or more State correctional institutions
3 with a total average daily inmate population in excess of
4 2,000, on the basis of 2 assistant state's attorneys when
5 the total average daily inmate population exceeds 2,000
6 but is less than 4,000; and 3 assistant state's attorneys
7 when such population exceeds 4,000; with reimbursement to
8 be based on actual services rendered.
9 (2) $15,000 per year for one assistant state's
10 attorney in counties having one or more correctional
11 institutions with a total average daily inmate population
12 of between 750 and 2,000 inmates, with reimbursement to
13 be based on actual services rendered.
14 (3) A maximum of $12,000 per year for one assistant
15 state's attorney in counties having less than 750
16 inmates, with reimbursement to be based on actual
17 services rendered.
18 Upon application of the county governing authority
19 and certification of the State's Attorney, the Director
20 of Corrections may, in his discretion and subject to
21 appropriation, increase the amount of salary
22 reimbursement to a county in the event special
23 circumstances require the county to incur extraordinary
24 salary expenditures as a result of services performed in
25 connection with State correctional institutions in that
26 county.
27 In determining whether or not to increase the amount of
28 salary reimbursement, the Director shall consider, among
29 other matters:
30 (1) the nature of the services rendered;
31 (2) the results or dispositions obtained;
32 (3) whether or not the county was required to
33 employ additional attorney personnel as a direct result
34 of the services actually rendered in connection with a
-372- LRB9111045EGfg
1 particular service to a State correctional institution.
2 (f) In counties where a State senior institution of
3 higher education is located, the assistant state's attorneys
4 specified by this Section shall receive for their services,
5 payable monthly from the State treasury to the county in
6 which appointed, the following:
7 (1) $14,000 per year each for employment on a full
8 time basis for 2 assistant state's attorneys in counties
9 having a State university or State universities with
10 combined full time enrollment of more than 15,000
11 students.
12 (2) $7,200 per year for one assistant state's
13 attorney with no limitation on other practice in counties
14 having a State university or State universities with
15 combined full time enrollment of 10,000 to 15,000
16 students.
17 (3) $4,000 per year for one assistant state's
18 attorney with no limitation on other practice in counties
19 having a State university or State universities with
20 combined full time enrollment of less than 10,000
21 students.
22 Such salaries shall be paid to the state's attorney and
23 the assistant state's attorney in equal monthly installments
24 by such county out of the county treasury provided that the
25 State of Illinois shall reimburse each county monthly from
26 the state treasury the amount of such salary. This Section
27 shall not prevent the payment of such additional compensation
28 to the state's attorney or assistant state's attorney of any
29 county, out of the treasury of that county as may be provided
30 by law.
31 (g) For purposes of this Section, "State mental health
32 institution" means any institution under the jurisdiction of
33 the Department of Human Services that is listed in Section 4
34 of the Mental Health and Developmental Disabilities
-373- LRB9111045EGfg
1 Administrative Act.
2 For purposes of this Section, "State correctional
3 institution" means any facility of the Department of
4 Corrections including adult facilities, juvenile facilities,
5 pre-release centers, community correction centers, and work
6 camps.
7 For purposes of this Section, "State university" means
8 the University of Illinois, Southern Illinois University,
9 Chicago State University, Eastern Illinois University,
10 Governors State University, Illinois State University,
11 Northeastern Illinois University, Northern Illinois
12 University, Western Illinois University, and any public
13 community college which has established a program of
14 interinstitutional cooperation with one of the foregoing
15 institutions whereby a student, after earning an associate
16 degree from the community college, pursues a course of study
17 at the community college campus leading to a baccalaureate
18 degree from the foregoing institution (also known as a "2
19 Plus 2" degree program).
20 (h) A number of assistant state's attorneys shall be
21 appointed in each county, that chooses to participate, as
22 provided in this subsection for the prosecution of
23 alcohol-related traffic offenses. Each county shall receive
24 annually a subsidy for payment of the salaries and benefits
25 of these assistant state's attorneys from State funds
26 appropriated to the county for that purpose. The amounts of
27 subsidies provided by this subsection shall be adjusted for
28 inflation each July 1 using the Consumer Price Index of the
29 Bureau of Labor Statistics of the U.S. Department of Labor.
30 When a county chooses to participate in the subsidy
31 program described in this subsection (h), the number of
32 assistant state's attorneys who are prosecuting
33 alcohol-related traffic offenses must increase according to
34 the subsidy provided in this subsection. These appointed
-374- LRB9111045EGfg
1 assistant state's attorneys shall be in addition to any other
2 assistant state's attorneys assigned to those cases on the
3 effective date of this amendatory Act of the 91st General
4 Assembly, and may not replace those assistant state's
5 attorneys. In counties where the state's attorney is the
6 sole prosecutor, this subsidy shall be used to provide an
7 assistant state's attorney to prosecute alcohol-related
8 traffic offenses along with the state's attorney. In
9 counties where the state's attorney is the sole prosecutor,
10 and in counties where a judge presides over cases involving a
11 variety of misdemeanors, including alcohol-related traffic
12 matters, assistant state's attorneys appointed and subsidized
13 by this subsection (h) may also prosecute the different
14 misdemeanor cases at the direction of the state's attorney.
15 Assistant state's attorneys shall be appointed under this
16 subsection in the following number and counties shall receive
17 the following annual subsidies:
18 (1) In counties with fewer than 30,000 inhabitants,
19 one at $35,000.
20 (2) In counties with 30,000 or more but fewer than
21 100,000 inhabitants, one at $45,000.
22 (3) In counties with 100,000 or more but fewer than
23 300,000 inhabitants, 2 at $45,000 each.
24 (4) In counties, other than Cook County, with
25 300,000 or more inhabitants, 4 at $50,000 each.
26 (Source: P.A. 90-14, eff. 7-1-97; 90-375, eff. 8-14-97;
27 91-273, eff. 1-1-00; 91-440, eff. 8-6-99; revised 10-19-99.)
28 Section 45. The Illinois Municipal Code is amended by
29 changing Sections 11-31-1, 11-74.4-3. 11-74.4-4, 11-74.4-7,
30 and 11-74.4-8 as follows:
31 (65 ILCS 5/11-31-1) (from Ch. 24, par. 11-31-1)
32 Sec. 11-31-1. Demolition, repair, enclosure, or
-375- LRB9111045EGfg
1 remediation.
2 (a) The corporate authorities of each municipality may
3 demolish, repair, or enclose or cause the demolition, repair,
4 or enclosure of dangerous and unsafe buildings or uncompleted
5 and abandoned buildings within the territory of the
6 municipality and may remove or cause the removal of garbage,
7 debris, and other hazardous, noxious, or unhealthy substances
8 or materials from those buildings. In any county having
9 adopted by referendum or otherwise a county health department
10 as provided by Division 5-25 of the Counties Code or its
11 predecessor, the county board of that county may exercise
12 those powers with regard to dangerous and unsafe buildings or
13 uncompleted and abandoned buildings within the territory of
14 any city, village, or incorporated town having less than
15 50,000 population.
16 The corporate authorities shall apply to the circuit
17 court of the county in which the building is located (i) for
18 an order authorizing action to be taken with respect to a
19 building if the owner or owners of the building, including
20 the lien holders of record, after at least 15 days' written
21 notice by mail so to do, have failed to put the building in a
22 safe condition or to demolish it or (ii) for an order
23 requiring the owner or owners of record to demolish, repair,
24 or enclose the building or to remove garbage, debris, and
25 other hazardous, noxious, or unhealthy substances or
26 materials from the building. It is not a defense to the
27 cause of action that the building is boarded up or otherwise
28 enclosed, although the court may order the defendant to have
29 the building boarded up or otherwise enclosed. Where, upon
30 diligent search, the identity or whereabouts of the owner or
31 owners of the building, including the lien holders of record,
32 is not ascertainable, notice mailed to the person or persons
33 in whose name the real estate was last assessed is sufficient
34 notice under this Section.
-376- LRB9111045EGfg
1 The hearing upon the application to the circuit court
2 shall be expedited by the court and shall be given precedence
3 over all other suits. Any person entitled to bring an action
4 under subsection (b) shall have the right to intervene in an
5 action brought under this Section.
6 The cost of the demolition, repair, enclosure, or removal
7 incurred by the municipality, by an intervenor, or by a lien
8 holder of record, including court costs, attorney's fees, and
9 other costs related to the enforcement of this Section, is
10 recoverable from the owner or owners of the real estate or
11 the previous owner or both if the property was transferred
12 during the 15 day notice period and is a lien on the real
13 estate; the lien is superior to all prior existing liens and
14 encumbrances, except taxes, if, within 180 days after the
15 repair, demolition, enclosure, or removal, the municipality,
16 the lien holder of record, or the intervenor who incurred the
17 cost and expense shall file a notice of lien for the cost and
18 expense incurred in the office of the recorder in the county
19 in which the real estate is located or in the office of the
20 registrar of titles of the county if the real estate affected
21 is registered under the Registered Titles (Torrens) Act.
22 The notice must consist of a sworn statement setting out
23 (1) a description of the real estate sufficient for its
24 identification, (2) the amount of money representing the cost
25 and expense incurred, and (3) the date or dates when the cost
26 and expense was incurred by the municipality, the lien holder
27 of record, or the intervenor. Upon payment of the cost and
28 expense by the owner of or persons interested in the property
29 after the notice of lien has been filed, the lien shall be
30 released by the municipality, the person in whose name the
31 lien has been filed, or the assignee of the lien, and the
32 release may be filed of record as in the case of filing
33 notice of lien. Unless the lien is enforced under subsection
34 (c), the lien may be enforced by foreclosure proceedings as
-377- LRB9111045EGfg
1 in the case of mortgage foreclosures under Article XV of the
2 Code of Civil Procedure or mechanics' lien foreclosures. An
3 action to foreclose this lien may be commenced at any time
4 after the date of filing of the notice of lien. The costs of
5 foreclosure incurred by the municipality, including court
6 costs, reasonable attorney's fees, advances to preserve the
7 property, and other costs related to the enforcement of this
8 subsection, plus statutory interest, are a lien on the real
9 estate and are recoverable by the municipality from the owner
10 or owners of the real estate.
11 All liens arising under this subsection (a) shall be
12 assignable. The assignee of the lien shall have the same
13 power to enforce the lien as the assigning party, except that
14 the lien may not be enforced under subsection (c).
15 If the appropriate official of any municipality
16 determines that any dangerous and unsafe building or
17 uncompleted and abandoned building within its territory
18 fulfills the requirements for an action by the municipality
19 under the Abandoned Housing Rehabilitation Act, the
20 municipality may petition under that Act in a proceeding
21 brought under this subsection.
22 (b) Any owner or tenant of real property within 1200
23 feet in any direction of any dangerous or unsafe building
24 located within the territory of a municipality with a
25 population of 500,000 or more may file with the appropriate
26 municipal authority a request that the municipality apply to
27 the circuit court of the county in which the building is
28 located for an order permitting the demolition, removal of
29 garbage, debris, and other noxious or unhealthy substances
30 and materials from, or repair or enclosure of the building in
31 the manner prescribed in subsection (a) of this Section. If
32 the municipality fails to institute an action in circuit
33 court within 90 days after the filing of the request, the
34 owner or tenant of real property within 1200 feet in any
-378- LRB9111045EGfg
1 direction of the building may institute an action in circuit
2 court seeking an order compelling the owner or owners of
3 record to demolish, remove garbage, debris, and other noxious
4 or unhealthy substances and materials from, repair or enclose
5 or to cause to be demolished, have garbage, debris, and other
6 noxious or unhealthy substances and materials removed from,
7 repaired, or enclosed the building in question. A private
8 owner or tenant who institutes an action under the preceding
9 sentence shall not be required to pay any fee to the clerk of
10 the circuit court. The cost of repair, removal, demolition,
11 or enclosure shall be borne by the owner or owners of record
12 of the building. In the event the owner or owners of record
13 fail to demolish, remove garbage, debris, and other noxious
14 or unhealthy substances and materials from, repair, or
15 enclose the building within 90 days of the date the court
16 entered its order, the owner or tenant who instituted the
17 action may request that the court join the municipality as a
18 party to the action. The court may order the municipality to
19 demolish, remove materials from, repair, or enclose the
20 building, or cause that action to be taken upon the request
21 of any owner or tenant who instituted the action or upon the
22 municipality's request. The municipality may file, and the
23 court may approve, a plan for rehabilitating the building in
24 question. A court order authorizing the municipality to
25 demolish, remove materials from, repair, or enclose a
26 building, or cause that action to be taken, shall not
27 preclude the court from adjudging the owner or owners of
28 record of the building in contempt of court due to the
29 failure to comply with the order to demolish, remove garbage,
30 debris, and other noxious or unhealthy substances and
31 materials from, repair, or enclose the building.
32 If a municipality or a person or persons other than the
33 owner or owners of record pay the cost of demolition, removal
34 of garbage, debris, and other noxious or unhealthy substances
-379- LRB9111045EGfg
1 and materials, repair, or enclosure pursuant to a court
2 order, the cost, including court costs, attorney's fees, and
3 other costs related to the enforcement of this subsection, is
4 recoverable from the owner or owners of the real estate and
5 is a lien on the real estate; the lien is superior to all
6 prior existing liens and encumbrances, except taxes, if,
7 within 180 days after the repair, removal, demolition, or
8 enclosure, the municipality or the person or persons who paid
9 the costs of demolition, removal, repair, or enclosure shall
10 file a notice of lien of the cost and expense incurred in the
11 office of the recorder in the county in which the real estate
12 is located or in the office of the registrar of the county if
13 the real estate affected is registered under the Registered
14 Titles (Torrens) Act. The notice shall be in a form as is
15 provided in subsection (a). An owner or tenant who
16 institutes an action in circuit court seeking an order to
17 compel the owner or owners of record to demolish, remove
18 materials from, repair, or enclose any dangerous or unsafe
19 building, or to cause that action to be taken under this
20 subsection may recover court costs and reasonable attorney's
21 fees for instituting the action from the owner or owners of
22 record of the building. Upon payment of the costs and
23 expenses by the owner of or a person interested in the
24 property after the notice of lien has been filed, the lien
25 shall be released by the municipality or the person in whose
26 name the lien has been filed or his or her assignee, and the
27 release may be filed of record as in the case of filing a
28 notice of lien. Unless the lien is enforced under subsection
29 (c), the lien may be enforced by foreclosure proceedings as
30 in the case of mortgage foreclosures under Article XV of the
31 Code of Civil Procedure or mechanics' lien foreclosures. An
32 action to foreclose this lien may be commenced at any time
33 after the date of filing of the notice of lien. The costs of
34 foreclosure incurred by the municipality, including court
-380- LRB9111045EGfg
1 costs, reasonable attorneys' fees, advances to preserve the
2 property, and other costs related to the enforcement of this
3 subsection, plus statutory interest, are a lien on the real
4 estate and are recoverable by the municipality from the owner
5 or owners of the real estate.
6 All liens arising under the terms of this subsection (b)
7 shall be assignable. The assignee of the lien shall have the
8 same power to enforce the lien as the assigning party, except
9 that the lien may not be enforced under subsection (c).
10 (c) In any case where a municipality has obtained a lien
11 under subsection (a), (b), or (f), the municipality may
12 enforce the lien under this subsection (c) in the same
13 proceeding in which the lien is authorized.
14 A municipality desiring to enforce a lien under this
15 subsection (c) shall petition the court to retain
16 jurisdiction for foreclosure proceedings under this
17 subsection. Notice of the petition shall be served, by
18 certified or registered mail, on all persons who were served
19 notice under subsection (a), (b), or (f). The court shall
20 conduct a hearing on the petition not less than 15 days after
21 the notice is served. If the court determines that the
22 requirements of this subsection (c) have been satisfied, it
23 shall grant the petition and retain jurisdiction over the
24 matter until the foreclosure proceeding is completed. The
25 costs of foreclosure incurred by the municipality, including
26 court costs, reasonable attorneys' fees, advances to preserve
27 the property, and other costs related to the enforcement of
28 this subsection, plus statutory interest, are a lien on the
29 real estate and are recoverable by the municipality from the
30 owner or owners of the real estate. If the court denies the
31 petition, the municipality may enforce the lien in a separate
32 action as provided in subsection (a), (b), or (f).
33 All persons designated in Section 15-1501 of the Code of
34 Civil Procedure as necessary parties in a mortgage
-381- LRB9111045EGfg
1 foreclosure action shall be joined as parties before issuance
2 of an order of foreclosure. Persons designated in Section
3 15-1501 of the Code of Civil Procedure as permissible parties
4 may also be joined as parties in the action.
5 The provisions of Article XV of the Code of Civil
6 Procedure applicable to mortgage foreclosures shall apply to
7 the foreclosure of a lien under this subsection (c), except
8 to the extent that those provisions are inconsistent with
9 this subsection. For purposes of foreclosures of liens
10 under this subsection, however, the redemption period
11 described in subsection (b) of Section 15-1603 of the Code of
12 Civil Procedure shall end 60 days after the date of entry of
13 the order of foreclosure.
14 (d) In addition to any other remedy provided by law, the
15 corporate authorities of any municipality may petition the
16 circuit court to have property declared abandoned under this
17 subsection (d) if:
18 (1) the property has been tax delinquent for 2 or
19 more years or bills for water service for the property
20 have been outstanding for 2 or more years;
21 (2) the property is unoccupied by persons legally
22 in possession; and
23 (3) the property contains a dangerous or unsafe
24 building.
25 All persons having an interest of record in the property,
26 including tax purchasers and beneficial owners of any
27 Illinois land trust having title to the property, shall be
28 named as defendants in the petition and shall be served with
29 process. In addition, service shall be had under Section
30 2-206 of the Code of Civil Procedure as in other cases
31 affecting property.
32 The municipality, however, may proceed under this
33 subsection in a proceeding brought under subsection (a) or
34 (b). Notice of the petition shall be served by certified or
-382- LRB9111045EGfg
1 registered mail on all persons who were served notice under
2 subsection (a) or (b).
3 If the municipality proves that the conditions described
4 in this subsection exist and the owner of record of the
5 property does not enter an appearance in the action, or, if
6 title to the property is held by an Illinois land trust, if
7 neither the owner of record nor the owner of the beneficial
8 interest of the trust enters an appearance, the court shall
9 declare the property abandoned.
10 If that determination is made, notice shall be sent by
11 certified or registered mail to all persons having an
12 interest of record in the property, including tax purchasers
13 and beneficial owners of any Illinois land trust having title
14 to the property, stating that title to the property will be
15 transferred to the municipality unless, within 30 days of the
16 notice, the owner of record enters an appearance in the
17 action, or unless any other person having an interest in the
18 property files with the court a request to demolish the
19 dangerous or unsafe building or to put the building in safe
20 condition.
21 If the owner of record enters an appearance in the action
22 within the 30 day period, the court shall vacate its order
23 declaring the property abandoned. In that case, the
24 municipality may amend its complaint in order to initiate
25 proceedings under subsection (a).
26 If a request to demolish or repair the building is filed
27 within the 30 day period, the court shall grant permission to
28 the requesting party to demolish the building within 30 days
29 or to restore the building to safe condition within 60 days
30 after the request is granted. An extension of that period
31 for up to 60 additional days may be given for good cause. If
32 more than one person with an interest in the property files a
33 timely request, preference shall be given to the person with
34 the lien or other interest of the highest priority.
-383- LRB9111045EGfg
1 If the requesting party proves to the court that the
2 building has been demolished or put in a safe condition
3 within the period of time granted by the court, the court
4 shall issue a quitclaim judicial deed for the property to the
5 requesting party, conveying only the interest of the owner of
6 record, upon proof of payment to the municipality of all
7 costs incurred by the municipality in connection with the
8 action, including but not limited to court costs, attorney's
9 fees, administrative costs, the costs, if any, associated
10 with building enclosure or removal, and receiver's
11 certificates. The interest in the property so conveyed shall
12 be subject to all liens and encumbrances on the property. In
13 addition, if the interest is conveyed to a person holding a
14 certificate of purchase for the property under the Property
15 Tax Code, the conveyance shall be subject to the rights of
16 redemption of all persons entitled to redeem under that Act,
17 including the original owner of record.
18 If no person with an interest in the property files a
19 timely request or if the requesting party fails to demolish
20 the building or put the building in safe condition within the
21 time specified by the court, the municipality may petition
22 the court to issue a judicial deed for the property to the
23 municipality. A conveyance by judicial deed shall operate to
24 extinguish all existing ownership interests in, liens on, and
25 other interest in the property, including tax liens, and
26 shall extinguish the rights and interests of any and all
27 holders of a bona fide certificate of purchase of the
28 property for delinquent taxes. Any such bona fide
29 certificate of purchase holder shall be entitled to a sale in
30 error as prescribed under Section 21-310 of the Property Tax
31 Code.
32 (e) Each municipality may use the provisions of this
33 subsection to expedite the removal of certain buildings that
34 are a continuing hazard to the community in which they are
-384- LRB9111045EGfg
1 located.
2 If a residential or commercial building is 3 stories or
3 less in height as defined by the municipality's building
4 code, and the corporate official designated to be in charge
5 of enforcing the municipality's building code determines that
6 the building is open and vacant and an immediate and
7 continuing hazard to the community in which the building is
8 located, then the official shall be authorized to post a
9 notice not less than 2 feet by 2 feet in size on the front of
10 the building. The notice shall be dated as of the date of
11 the posting and shall state that unless the building is
12 demolished, repaired, or enclosed, and unless any garbage,
13 debris, and other hazardous, noxious, or unhealthy substances
14 or materials are removed so that an immediate and continuing
15 hazard to the community no longer exists, then the building
16 may be demolished, repaired, or enclosed, or any garbage,
17 debris, and other hazardous, noxious, or unhealthy substances
18 or materials may be removed, by the municipality.
19 Not later than 30 days following the posting of the
20 notice, the municipality shall do all of the following:
21 (1) Cause to be sent, by certified mail, return
22 receipt requested, a Notice to Remediate to all owners
23 of record of the property, the beneficial owners of any
24 Illinois land trust having title to the property, and all
25 lienholders of record in the property, stating the intent
26 of the municipality to demolish, repair, or enclose the
27 building or remove any garbage, debris, or other
28 hazardous, noxious, or unhealthy substances or materials
29 if that action is not taken by the owner or owners.
30 (2) Cause to be published, in a newspaper published
31 or circulated in the municipality where the building is
32 located, a notice setting forth (i) the permanent tax
33 index number and the address of the building, (ii) a
34 statement that the property is open and vacant and
-385- LRB9111045EGfg
1 constitutes an immediate and continuing hazard to the
2 community, and (iii) a statement that the municipality
3 intends to demolish, repair, or enclose the building or
4 remove any garbage, debris, or other hazardous, noxious,
5 or unhealthy substances or materials if the owner or
6 owners or lienholders of record fail to do so. This
7 notice shall be published for 3 consecutive days.
8 (3) Cause to be recorded the Notice to Remediate
9 mailed under paragraph (1) in the office of the recorder
10 in the county in which the real estate is located or in
11 the office of the registrar of titles of the county if
12 the real estate is registered under the Registered Title
13 (Torrens) Act.
14 Any person or persons with a current legal or equitable
15 interest in the property objecting to the proposed actions of
16 the corporate authorities may file his or her objection in an
17 appropriate form in a court of competent jurisdiction.
18 If the building is not demolished, repaired, or enclosed,
19 or the garbage, debris, or other hazardous, noxious, or
20 unhealthy substances or materials are not removed, within 30
21 days of mailing the notice to the owners of record, the
22 beneficial owners of any Illinois land trust having title to
23 the property, and all lienholders of record in the property,
24 or within 30 days of the last day of publication of the
25 notice, whichever is later, the corporate authorities shall
26 have the power to demolish, repair, or enclose the building
27 or to remove any garbage, debris, or other hazardous,
28 noxious, or unhealthy substances or materials.
29 The municipality may proceed to demolish, repair, or
30 enclose a building or remove any garbage, debris, or other
31 hazardous, noxious, or unhealthy substances or materials
32 under this subsection within a 120-day period following the
33 date of the mailing of the notice if the appropriate official
34 determines that the demolition, repair, enclosure, or removal
-386- LRB9111045EGfg
1 of any garbage, debris, or other hazardous, noxious, or
2 unhealthy substances or materials is necessary to remedy the
3 immediate and continuing hazard. If, however, before the
4 municipality proceeds with any of the actions authorized by
5 this subsection, any person with a legal or equitable
6 interest in the property has sought a hearing under this
7 subsection before a court and has served a copy of the
8 complaint on the chief executive officer of the municipality,
9 then the municipality shall not proceed with the demolition,
10 repair, enclosure, or removal of garbage, debris, or other
11 substances until the court determines that that action is
12 necessary to remedy the hazard and issues an order
13 authorizing the municipality to do so.
14 Following the demolition, repair, or enclosure of a
15 building, or the removal of garbage, debris, or other
16 hazardous, noxious, or unhealthy substances or materials
17 under this subsection, the municipality may file a notice of
18 lien against the real estate for the cost of the demolition,
19 repair, enclosure, or removal within 180 days after the
20 repair, demolition, enclosure, or removal occurred, for the
21 cost and expense incurred, in the office of the recorder in
22 the county in which the real estate is located or in the
23 office of the registrar of titles of the county if the real
24 estate affected is registered under the Registered Titles
25 (Torrens) Act; this lien has priority over the interests of
26 those parties named in the Notice to Remediate mailed under
27 paragraph (1), but not over the interests of third party
28 purchasers or encumbrancers for value who obtained their
29 interests in the property before obtaining actual or
30 constructive notice of the lien. The notice of lien shall
31 consist of a sworn statement setting forth (i) a description
32 of the real estate, such as the address or other description
33 of the property, sufficient for its identification; (ii) the
34 expenses incurred by the municipality in undertaking the
-387- LRB9111045EGfg
1 remedial actions authorized under this subsection; (iii) the
2 date or dates the expenses were incurred by the municipality;
3 (iv) a statement by the corporate official responsible for
4 enforcing the building code that the building was open and
5 vacant and constituted an immediate and continuing hazard to
6 the community; (v) a statement by the corporate official that
7 the required sign was posted on the building, that notice was
8 sent by certified mail to the owners of record, and that
9 notice was published in accordance with this subsection; and
10 (vi) a statement as to when and where the notice was
11 published. The lien authorized by this subsection may
12 thereafter be released or enforced by the municipality as
13 provided in subsection (a).
14 (f) The corporate authorities of each municipality may
15 remove or cause the removal of, or otherwise environmentally
16 remediate hazardous substances and petroleum products on, in,
17 or under any abandoned and unsafe property within the
18 territory of a municipality. In addition, where preliminary
19 evidence indicates the presence or likely presence of a
20 hazardous substance or a petroleum product or a release or a
21 substantial threat of a release of a hazardous substance or a
22 petroleum product on, in, or under the property, the
23 corporate authorities of the municipality may inspect the
24 property and test for the presence or release of hazardous
25 substances and petroleum products. In any county having
26 adopted by referendum or otherwise a county health department
27 as provided by Division 5-25 of the Counties Code or its
28 predecessor, the county board of that county may exercise the
29 above-described powers with regard to property within the
30 territory of any city, village, or incorporated town having
31 less than 50,000 population.
32 For purposes of this subsection (f):
33 (1) "property" or "real estate" means all real
34 property, whether or not improved by a structure;
-388- LRB9111045EGfg
1 (2) "abandoned" means;
2 (A) the property has been tax delinquent for 2
3 or more years;
4 (B) the property is unoccupied by persons
5 legally in possession; and
6 (3) "unsafe" means property that presents an actual
7 or imminent threat to public health and safety caused by
8 the release of hazardous substances; and
9 (4) "hazardous substances" means the same as in
10 Section 3.14 of the Environmental Protection Act.
11 The corporate authorities shall apply to the circuit
12 court of the county in which the property is located (i) for
13 an order allowing the municipality to enter the property and
14 inspect and test substances on, in, or under the property; or
15 (ii) for an order authorizing the corporate authorities to
16 take action with respect to remediation of the property if
17 conditions on the property, based on the inspection and
18 testing authorized in paragraph (i), indicate the presence of
19 hazardous substances or petroleum products. Remediation
20 shall be deemed complete for purposes of paragraph (ii) above
21 when the property satisfies Tier I, II, or III remediation
22 objectives for the property's most recent usage, as
23 established by the Environmental Protection Act, and the
24 rules and regulations promulgated thereunder. Where, upon
25 diligent search, the identity or whereabouts of the owner or
26 owners of the property, including the lien holders of record,
27 is not ascertainable, notice mailed to the person or persons
28 in whose name the real estate was last assessed is sufficient
29 notice under this Section.
30 The court shall grant an order authorizing testing under
31 paragraph (i) above upon a showing of preliminary evidence
32 indicating the presence or likely presence of a hazardous
33 substance or a petroleum product or a release of or a
34 substantial threat of a release of a hazardous substance or a
-389- LRB9111045EGfg
1 petroleum product on, in, or under abandoned property. The
2 preliminary evidence may include, but is not limited to,
3 evidence of prior use, visual site inspection, or records of
4 prior environmental investigations. The testing authorized
5 by paragraph (i) above shall include any type of
6 investigation which is necessary for an environmental
7 professional to determine the environmental condition of the
8 property, including but not limited to performance of soil
9 borings and groundwater monitoring. The court shall grant a
10 remediation order under paragraph (ii) above where testing of
11 the property indicates that it fails to meet the applicable
12 remediation objectives. The hearing upon the application to
13 the circuit court shall be expedited by the court and shall
14 be given precedence over all other suits.
15 The cost of the inspection, testing, or remediation
16 incurred by the municipality or by a lien holder of record,
17 including court costs, attorney's fees, and other costs
18 related to the enforcement of this Section, is a lien on the
19 real estate; except that in any instances where a
20 municipality incurs costs of inspection and testing but finds
21 no hazardous substances or petroleum products on the property
22 that present an actual or imminent threat to public health
23 and safety, such costs are not recoverable from the owners
24 nor are such costs a lien on the real estate. The lien is
25 superior to all prior existing liens and encumbrances, except
26 taxes and any lien obtained under subsection (a) or (e), if,
27 within 180 days after the completion of the inspection,
28 testing, or remediation, the municipality or the lien holder
29 of record who incurred the cost and expense shall file a
30 notice of lien for the cost and expense incurred in the
31 office of the recorder in the county in which the real estate
32 is located or in the office of the registrar of titles of the
33 county if the real estate affected is registered under the
34 Registered Titles (Torrens) Act.
-390- LRB9111045EGfg
1 The notice must consist of a sworn statement setting out
2 (i) a description of the real estate sufficient for its
3 identification, (ii) the amount of money representing the
4 cost and expense incurred, and (iii) the date or dates when
5 the cost and expense was incurred by the municipality or the
6 lien holder of record. Upon payment of the lien amount by
7 the owner of or persons interested in the property after the
8 notice of lien has been filed, a release of lien shall be
9 issued by the municipality, the person in whose name the lien
10 has been filed, or the assignee of the lien, and the release
11 may be filed of record as in the case of filing notice of
12 lien.
13 The lien may be enforced under subsection (c) or by
14 foreclosure proceedings as in the case of mortgage
15 foreclosures under Article XV of the Code of Civil Procedure
16 or mechanics' lien foreclosures; provided that where the lien
17 is enforced by foreclosure under subsection (c) or under
18 either statute, the municipality may not proceed against the
19 other assets of the owner or owners of the real estate for
20 any costs that otherwise would be recoverable under this
21 Section but that remain unsatisfied after foreclosure except
22 where such additional recovery is authorized by separate
23 environmental laws. An action to foreclose this lien may be
24 commenced at any time after the date of filing of the notice
25 of lien. The costs of foreclosure incurred by the
26 municipality, including court costs, reasonable attorney's
27 fees, advances to preserve the property, and other costs
28 related to the enforcement of this subsection, plus statutory
29 interest, are a lien on the real estate.
30 All liens arising under this subsection (f) shall be
31 assignable. The assignee of the lien shall have the same
32 power to enforce the lien as the assigning party, except that
33 the lien may not be enforced under subsection (c).
34 (g) In any case where a municipality has obtained a lien
-391- LRB9111045EGfg
1 under subsection (a), the municipality may also bring an
2 action for a money judgment against the owner or owners of
3 the real estate in the amount of the lien in the same manner
4 as provided for bringing causes of action in Article II of
5 the Code of Civil Procedure and, upon obtaining a judgment,
6 file a judgment lien against all of the real estate of the
7 owner or owners and enforce that lien as provided for in
8 Article XII of the Code of Civil Procedure.
9 (Source: P.A. 90-393, eff. 1-1-98; 90-597, eff. 6-25-98;
10 91-162, eff. 7-16-99; 91-177, eff. 1-1-00; 91-357, eff.
11 7-29-99; 91-542, eff. 1-1-00; 91-561, eff. 1-1-00; revised
12 8-27-99.)
13 (65 ILCS 5/11-74.4-3) (from Ch. 24, par. 11-74.4-3)
14 Sec. 11-74.4-3. Definitions. The following terms,
15 wherever used or referred to in this Division 74.4 shall have
16 the following respective meanings, unless in any case a
17 different meaning clearly appears from the context.
18 (a) For any redevelopment project area that has been
19 designated pursuant to this Section by an ordinance adopted
20 prior to November 1, 1999 (the effective date of Public Act
21 91-478) this amendatory Act of the 91st General Assembly,
22 "blighted area" shall have the meaning set forth in this
23 Section prior to that the effective date of this amendatory
24 Act of the 91st General Assembly.
25 On and after November 1, 1999 the effective date of this
26 amendatory Act of the 91st General Assembly, "blighted area"
27 means any improved or vacant area within the boundaries of a
28 redevelopment project area located within the territorial
29 limits of the municipality where:
30 (1) If improved, industrial, commercial, and
31 residential buildings or improvements are detrimental to
32 the public safety, health, or welfare because of a
33 combination of 5 or more of the following factors, each
-392- LRB9111045EGfg
1 of which is (i) present, with that presence documented,
2 to a meaningful extent so that a municipality may
3 reasonably find that the factor is clearly present within
4 the intent of the Act and (ii) reasonably distributed
5 throughout the improved part of the redevelopment project
6 area:
7 (A) Dilapidation. An advanced state of
8 disrepair or neglect of necessary repairs to the
9 primary structural components of buildings or
10 improvements in such a combination that a documented
11 building condition analysis determines that major
12 repair is required or the defects are so serious and
13 so extensive that the buildings must be removed.
14 (B) Obsolescence. The condition or process of
15 falling into disuse. Structures have become
16 ill-suited for the original use.
17 (C) Deterioration. With respect to buildings,
18 defects including, but not limited to, major defects
19 in the secondary building components such as doors,
20 windows, porches, gutters and downspouts, and
21 fascia. With respect to surface improvements, that
22 the condition of roadways, alleys, curbs, gutters,
23 sidewalks, off-street parking, and surface storage
24 areas evidence deterioration, including, but not
25 limited to, surface cracking, crumbling, potholes,
26 depressions, loose paving material, and weeds
27 protruding through paved surfaces.
28 (D) Presence of structures below minimum code
29 standards. All structures that do not meet the
30 standards of zoning, subdivision, building, fire,
31 and other governmental codes applicable to property,
32 but not including housing and property maintenance
33 codes.
34 (E) Illegal use of individual structures. The
-393- LRB9111045EGfg
1 use of structures in violation of applicable
2 federal, State, or local laws, exclusive of those
3 applicable to the presence of structures below
4 minimum code standards.
5 (F) Excessive vacancies. The presence of
6 buildings that are unoccupied or under-utilized and
7 that represent an adverse influence on the area
8 because of the frequency, extent, or duration of the
9 vacancies.
10 (G) Lack of ventilation, light, or sanitary
11 facilities. The absence of adequate ventilation for
12 light or air circulation in spaces or rooms without
13 windows, or that require the removal of dust, odor,
14 gas, smoke, or other noxious airborne materials.
15 Inadequate natural light and ventilation means the
16 absence of skylights or windows for interior spaces
17 or rooms and improper window sizes and amounts by
18 room area to window area ratios. Inadequate
19 sanitary facilities refers to the absence or
20 inadequacy of garbage storage and enclosure,
21 bathroom facilities, hot water and kitchens, and
22 structural inadequacies preventing ingress and
23 egress to and from all rooms and units within a
24 building.
25 (H) Inadequate utilities. Underground and
26 overhead utilities such as storm sewers and storm
27 drainage, sanitary sewers, water lines, and gas,
28 telephone, and electrical services that are shown to
29 be inadequate. Inadequate utilities are those that
30 are: (i) of insufficient capacity to serve the uses
31 in the redevelopment project area, (ii)
32 deteriorated, antiquated, obsolete, or in disrepair,
33 or (iii) lacking within the redevelopment project
34 area.
-394- LRB9111045EGfg
1 (I) Excessive land coverage and overcrowding
2 of structures and community facilities. The
3 over-intensive use of property and the crowding of
4 buildings and accessory facilities onto a site.
5 Examples of problem conditions warranting the
6 designation of an area as one exhibiting excessive
7 land coverage are: (i) the presence of buildings
8 either improperly situated on parcels or located on
9 parcels of inadequate size and shape in relation to
10 present-day standards of development for health and
11 safety and (ii) the presence of multiple buildings
12 on a single parcel. For there to be a finding of
13 excessive land coverage, these parcels must exhibit
14 one or more of the following conditions:
15 insufficient provision for light and air within or
16 around buildings, increased threat of spread of fire
17 due to the close proximity of buildings, lack of
18 adequate or proper access to a public right-of-way,
19 lack of reasonably required off-street parking, or
20 inadequate provision for loading and service.
21 (J) Deleterious land use or layout. The
22 existence of incompatible land-use relationships,
23 buildings occupied by inappropriate mixed-uses, or
24 uses considered to be noxious, offensive, or
25 unsuitable for the surrounding area.
26 (K) Environmental clean-up. The proposed
27 redevelopment project area has incurred Illinois
28 Environmental Protection Agency or United States
29 Environmental Protection Agency remediation costs
30 for, or a study conducted by an independent
31 consultant recognized as having expertise in
32 environmental remediation has determined a need for,
33 the clean-up of hazardous waste, hazardous
34 substances, or underground storage tanks required by
-395- LRB9111045EGfg
1 State or federal law, provided that the remediation
2 costs constitute a material impediment to the
3 development or redevelopment of the redevelopment
4 project area.
5 (L) Lack of community planning. The proposed
6 redevelopment project area was developed prior to or
7 without the benefit or guidance of a community plan.
8 This means that the development occurred prior to
9 the adoption by the municipality of a comprehensive
10 or other community plan or that the plan was not
11 followed at the time of the area's development.
12 This factor must be documented by evidence of
13 adverse or incompatible land-use relationships,
14 inadequate street layout, improper subdivision,
15 parcels of inadequate shape and size to meet
16 contemporary development standards, or other
17 evidence demonstrating an absence of effective
18 community planning.
19 (M) The total equalized assessed value of the
20 proposed redevelopment project area has declined for
21 3 of the last 5 calendar years prior to the year in
22 which the redevelopment project area is designated
23 or is increasing at an annual rate that is less than
24 the balance of the municipality for 3 of the last 5
25 calendar years for which information is available or
26 is increasing at an annual rate that is less than
27 the Consumer Price Index for All Urban Consumers
28 published by the United States Department of Labor
29 or successor agency for 3 of the last 5 calendar
30 years prior to the year in which the redevelopment
31 project area is designated.
32 (2) If vacant, the sound growth of the
33 redevelopment project area is impaired by a combination
34 of 2 or more of the following factors, each of which is
-396- LRB9111045EGfg
1 (i) present, with that presence documented, to a
2 meaningful extent so that a municipality may reasonably
3 find that the factor is clearly present within the intent
4 of the Act and (ii) reasonably distributed throughout the
5 vacant part of the redevelopment project area to which it
6 pertains:
7 (A) Obsolete platting of vacant land that
8 results in parcels of limited or narrow size or
9 configurations of parcels of irregular size or shape
10 that would be difficult to develop on a planned
11 basis and in a manner compatible with contemporary
12 standards and requirements, or platting that failed
13 to create rights-of-ways for streets or alleys or
14 that created inadequate right-of-way widths for
15 streets, alleys, or other public rights-of-way or
16 that omitted easements for public utilities.
17 (B) Diversity of ownership of parcels of
18 vacant land sufficient in number to retard or impede
19 the ability to assemble the land for development.
20 (C) Tax and special assessment delinquencies
21 exist or the property has been the subject of tax
22 sales under the Property Tax Code within the last 5
23 years.
24 (D) Deterioration of structures or site
25 improvements in neighboring areas adjacent to the
26 vacant land.
27 (E) The area has incurred Illinois
28 Environmental Protection Agency or United States
29 Environmental Protection Agency remediation costs
30 for, or a study conducted by an independent
31 consultant recognized as having expertise in
32 environmental remediation has determined a need for,
33 the clean-up of hazardous waste, hazardous
34 substances, or underground storage tanks required by
-397- LRB9111045EGfg
1 State or federal law, provided that the remediation
2 costs constitute a material impediment to the
3 development or redevelopment of the redevelopment
4 project area.
5 (F) The total equalized assessed value of the
6 proposed redevelopment project area has declined for
7 3 of the last 5 calendar years prior to the year in
8 which the redevelopment project area is designated
9 or is increasing at an annual rate that is less than
10 the balance of the municipality for 3 of the last 5
11 calendar years for which information is available or
12 is increasing at an annual rate that is less than
13 the Consumer Price Index for All Urban Consumers
14 published by the United States Department of Labor
15 or successor agency for 3 of the last 5 calendar
16 years prior to the year in which the redevelopment
17 project area is designated.
18 (3) If vacant, the sound growth of the
19 redevelopment project area is impaired by one of the
20 following factors that (i) is present, with that presence
21 documented, to a meaningful extent so that a municipality
22 may reasonably find that the factor is clearly present
23 within the intent of the Act and (ii) is reasonably
24 distributed throughout the vacant part of the
25 redevelopment project area to which it pertains:
26 (A) The area consists of one or more unused
27 quarries, mines, or strip mine ponds.
28 (B) The area consists of unused railyards,
29 rail tracks, or railroad rights-of-way.
30 (C) The area, prior to its designation, is
31 subject to chronic flooding that adversely impacts
32 on real property in the area as certified by a
33 registered professional engineer or appropriate
34 regulatory agency.
-398- LRB9111045EGfg
1 (D) The area consists of an unused or illegal
2 disposal site containing earth, stone, building
3 debris, or similar materials that were removed from
4 construction, demolition, excavation, or dredge
5 sites.
6 (E) Prior to November 1, 1999 the effective
7 date of this amendatory Act of the 91st General
8 Assembly, the area is not less than 50 nor more than
9 100 acres and 75% of which is vacant
10 (notwithstanding that the area has been used for
11 commercial agricultural purposes within 5 years
12 prior to the designation of the redevelopment
13 project area), and the area meets at least one of
14 the factors itemized in paragraph (1) of this
15 subsection, the area has been designated as a town
16 or village center by ordinance or comprehensive plan
17 adopted prior to January 1, 1982, and the area has
18 not been developed for that designated purpose.
19 (F) The area qualified as a blighted improved
20 area immediately prior to becoming vacant, unless
21 there has been substantial private investment in the
22 immediately surrounding area.
23 (b) For any redevelopment project area that has been
24 designated pursuant to this Section by an ordinance adopted
25 prior to November 1, 1999 (the effective date of Public Act
26 91-478) this amendatory Act of the 91st General Assembly,
27 "conservation area" shall have the meaning set forth in this
28 Section prior to that the effective date of this amendatory
29 Act of the 91st General Assembly.
30 On and after November 1, 1999 the effective date of this
31 amendatory Act of the 91st General Assembly, "conservation
32 area" means any improved area within the boundaries of a
33 redevelopment project area located within the territorial
34 limits of the municipality in which 50% or more of the
-399- LRB9111045EGfg
1 structures in the area have an age of 35 years or more. Such
2 an area is not yet a blighted area but because of a
3 combination of 3 or more of the following factors is
4 detrimental to the public safety, health, morals or welfare
5 and such an area may become a blighted area:
6 (1) Dilapidation. An advanced state of disrepair
7 or neglect of necessary repairs to the primary structural
8 components of buildings or improvements in such a
9 combination that a documented building condition analysis
10 determines that major repair is required or the defects
11 are so serious and so extensive that the buildings must
12 be removed.
13 (2) Obsolescence. The condition or process of
14 falling into disuse. Structures have become ill-suited
15 for the original use.
16 (3) Deterioration. With respect to buildings,
17 defects including, but not limited to, major defects in
18 the secondary building components such as doors, windows,
19 porches, gutters and downspouts, and fascia. With
20 respect to surface improvements, that the condition of
21 roadways, alleys, curbs, gutters, sidewalks, off-street
22 parking, and surface storage areas evidence
23 deterioration, including, but not limited to, surface
24 cracking, crumbling, potholes, depressions, loose paving
25 material, and weeds protruding through paved surfaces.
26 (4) Presence of structures below minimum code
27 standards. All structures that do not meet the standards
28 of zoning, subdivision, building, fire, and other
29 governmental codes applicable to property, but not
30 including housing and property maintenance codes.
31 (5) Illegal use of individual structures. The use
32 of structures in violation of applicable federal, State,
33 or local laws, exclusive of those applicable to the
34 presence of structures below minimum code standards.
-400- LRB9111045EGfg
1 (6) Excessive vacancies. The presence of buildings
2 that are unoccupied or under-utilized and that represent
3 an adverse influence on the area because of the
4 frequency, extent, or duration of the vacancies.
5 (7) Lack of ventilation, light, or sanitary
6 facilities. The absence of adequate ventilation for
7 light or air circulation in spaces or rooms without
8 windows, or that require the removal of dust, odor, gas,
9 smoke, or other noxious airborne materials. Inadequate
10 natural light and ventilation means the absence or
11 inadequacy of skylights or windows for interior spaces or
12 rooms and improper window sizes and amounts by room area
13 to window area ratios. Inadequate sanitary facilities
14 refers to the absence or inadequacy of garbage storage
15 and enclosure, bathroom facilities, hot water and
16 kitchens, and structural inadequacies preventing ingress
17 and egress to and from all rooms and units within a
18 building.
19 (8) Inadequate utilities. Underground and overhead
20 utilities such as storm sewers and storm drainage,
21 sanitary sewers, water lines, and gas, telephone, and
22 electrical services that are shown to be inadequate.
23 Inadequate utilities are those that are: (i) of
24 insufficient capacity to serve the uses in the
25 redevelopment project area, (ii) deteriorated,
26 antiquated, obsolete, or in disrepair, or (iii) lacking
27 within the redevelopment project area.
28 (9) Excessive land coverage and overcrowding of
29 structures and community facilities. The over-intensive
30 use of property and the crowding of buildings and
31 accessory facilities onto a site. Examples of problem
32 conditions warranting the designation of an area as one
33 exhibiting excessive land coverage are: the presence of
34 buildings either improperly situated on parcels or
-401- LRB9111045EGfg
1 located on parcels of inadequate size and shape in
2 relation to present-day standards of development for
3 health and safety and the presence of multiple buildings
4 on a single parcel. For there to be a finding of
5 excessive land coverage, these parcels must exhibit one
6 or more of the following conditions: insufficient
7 provision for light and air within or around buildings,
8 increased threat of spread of fire due to the close
9 proximity of buildings, lack of adequate or proper access
10 to a public right-of-way, lack of reasonably required
11 off-street parking, or inadequate provision for loading
12 and service.
13 (10) Deleterious land use or layout. The existence
14 of incompatible land-use relationships, buildings
15 occupied by inappropriate mixed-uses, or uses considered
16 to be noxious, offensive, or unsuitable for the
17 surrounding area.
18 (11) Lack of community planning. The proposed
19 redevelopment project area was developed prior to or
20 without the benefit or guidance of a community plan. This
21 means that the development occurred prior to the adoption
22 by the municipality of a comprehensive or other community
23 plan or that the plan was not followed at the time of the
24 area's development. This factor must be documented by
25 evidence of adverse or incompatible land-use
26 relationships, inadequate street layout, improper
27 subdivision, parcels of inadequate shape and size to meet
28 contemporary development standards, or other evidence
29 demonstrating an absence of effective community planning.
30 (12) The area has incurred Illinois Environmental
31 Protection Agency or United States Environmental
32 Protection Agency remediation costs for, or a study
33 conducted by an independent consultant recognized as
34 having expertise in environmental remediation has
-402- LRB9111045EGfg
1 determined a need for, the clean-up of hazardous waste,
2 hazardous substances, or underground storage tanks
3 required by State or federal law, provided that the
4 remediation costs constitute a material impediment to the
5 development or redevelopment of the redevelopment project
6 area.
7 (13) The total equalized assessed value of the
8 proposed redevelopment project area has declined for 3 of
9 the last 5 calendar years for which information is
10 available or is increasing at an annual rate that is less
11 than the balance of the municipality for 3 of the last 5
12 calendar years for which information is available or is
13 increasing at an annual rate that is less than the
14 Consumer Price Index for All Urban Consumers published by
15 the United States Department of Labor or successor agency
16 for 3 of the last 5 calendar years for which information
17 is available.
18 (c) "Industrial park" means an area in a blighted or
19 conservation area suitable for use by any manufacturing,
20 industrial, research or transportation enterprise, of
21 facilities to include but not be limited to factories, mills,
22 processing plants, assembly plants, packing plants,
23 fabricating plants, industrial distribution centers,
24 warehouses, repair overhaul or service facilities, freight
25 terminals, research facilities, test facilities or railroad
26 facilities.
27 (d) "Industrial park conservation area" means an area
28 within the boundaries of a redevelopment project area located
29 within the territorial limits of a municipality that is a
30 labor surplus municipality or within 1 1/2 miles of the
31 territorial limits of a municipality that is a labor surplus
32 municipality if the area is annexed to the municipality;
33 which area is zoned as industrial no later than at the time
34 the municipality by ordinance designates the redevelopment
-403- LRB9111045EGfg
1 project area, and which area includes both vacant land
2 suitable for use as an industrial park and a blighted area or
3 conservation area contiguous to such vacant land.
4 (e) "Labor surplus municipality" means a municipality in
5 which, at any time during the 6 months before the
6 municipality by ordinance designates an industrial park
7 conservation area, the unemployment rate was over 6% and was
8 also 100% or more of the national average unemployment rate
9 for that same time as published in the United States
10 Department of Labor Bureau of Labor Statistics publication
11 entitled "The Employment Situation" or its successor
12 publication. For the purpose of this subsection, if
13 unemployment rate statistics for the municipality are not
14 available, the unemployment rate in the municipality shall be
15 deemed to be the same as the unemployment rate in the
16 principal county in which the municipality is located.
17 (f) "Municipality" shall mean a city, village or
18 incorporated town.
19 (g) "Initial Sales Tax Amounts" means the amount of
20 taxes paid under the Retailers' Occupation Tax Act, Use Tax
21 Act, Service Use Tax Act, the Service Occupation Tax Act, the
22 Municipal Retailers' Occupation Tax Act, and the Municipal
23 Service Occupation Tax Act by retailers and servicemen on
24 transactions at places located in a State Sales Tax Boundary
25 during the calendar year 1985.
26 (g-1) "Revised Initial Sales Tax Amounts" means the
27 amount of taxes paid under the Retailers' Occupation Tax Act,
28 Use Tax Act, Service Use Tax Act, the Service Occupation Tax
29 Act, the Municipal Retailers' Occupation Tax Act, and the
30 Municipal Service Occupation Tax Act by retailers and
31 servicemen on transactions at places located within the State
32 Sales Tax Boundary revised pursuant to Section 11-74.4-8a(9)
33 of this Act.
34 (h) "Municipal Sales Tax Increment" means an amount
-404- LRB9111045EGfg
1 equal to the increase in the aggregate amount of taxes paid
2 to a municipality from the Local Government Tax Fund arising
3 from sales by retailers and servicemen within the
4 redevelopment project area or State Sales Tax Boundary, as
5 the case may be, for as long as the redevelopment project
6 area or State Sales Tax Boundary, as the case may be, exist
7 over and above the aggregate amount of taxes as certified by
8 the Illinois Department of Revenue and paid under the
9 Municipal Retailers' Occupation Tax Act and the Municipal
10 Service Occupation Tax Act by retailers and servicemen, on
11 transactions at places of business located in the
12 redevelopment project area or State Sales Tax Boundary, as
13 the case may be, during the base year which shall be the
14 calendar year immediately prior to the year in which the
15 municipality adopted tax increment allocation financing. For
16 purposes of computing the aggregate amount of such taxes for
17 base years occurring prior to 1985, the Department of Revenue
18 shall determine the Initial Sales Tax Amounts for such taxes
19 and deduct therefrom an amount equal to 4% of the aggregate
20 amount of taxes per year for each year the base year is prior
21 to 1985, but not to exceed a total deduction of 12%. The
22 amount so determined shall be known as the "Adjusted Initial
23 Sales Tax Amounts". For purposes of determining the
24 Municipal Sales Tax Increment, the Department of Revenue
25 shall for each period subtract from the amount paid to the
26 municipality from the Local Government Tax Fund arising from
27 sales by retailers and servicemen on transactions located in
28 the redevelopment project area or the State Sales Tax
29 Boundary, as the case may be, the certified Initial Sales Tax
30 Amounts, the Adjusted Initial Sales Tax Amounts or the
31 Revised Initial Sales Tax Amounts for the Municipal
32 Retailers' Occupation Tax Act and the Municipal Service
33 Occupation Tax Act. For the State Fiscal Year 1989, this
34 calculation shall be made by utilizing the calendar year 1987
-405- LRB9111045EGfg
1 to determine the tax amounts received. For the State Fiscal
2 Year 1990, this calculation shall be made by utilizing the
3 period from January 1, 1988, until September 30, 1988, to
4 determine the tax amounts received from retailers and
5 servicemen pursuant to the Municipal Retailers' Occupation
6 Tax and the Municipal Service Occupation Tax Act, which shall
7 have deducted therefrom nine-twelfths of the certified
8 Initial Sales Tax Amounts, the Adjusted Initial Sales Tax
9 Amounts or the Revised Initial Sales Tax Amounts as
10 appropriate. For the State Fiscal Year 1991, this calculation
11 shall be made by utilizing the period from October 1, 1988,
12 to June 30, 1989, to determine the tax amounts received from
13 retailers and servicemen pursuant to the Municipal Retailers'
14 Occupation Tax and the Municipal Service Occupation Tax Act
15 which shall have deducted therefrom nine-twelfths of the
16 certified Initial Sales Tax Amounts, Adjusted Initial Sales
17 Tax Amounts or the Revised Initial Sales Tax Amounts as
18 appropriate. For every State Fiscal Year thereafter, the
19 applicable period shall be the 12 months beginning July 1 and
20 ending June 30 to determine the tax amounts received which
21 shall have deducted therefrom the certified Initial Sales Tax
22 Amounts, the Adjusted Initial Sales Tax Amounts or the
23 Revised Initial Sales Tax Amounts, as the case may be.
24 (i) "Net State Sales Tax Increment" means the sum of the
25 following: (a) 80% of the first $100,000 of State Sales Tax
26 Increment annually generated within a State Sales Tax
27 Boundary; (b) 60% of the amount in excess of $100,000 but not
28 exceeding $500,000 of State Sales Tax Increment annually
29 generated within a State Sales Tax Boundary; and (c) 40% of
30 all amounts in excess of $500,000 of State Sales Tax
31 Increment annually generated within a State Sales Tax
32 Boundary. If, however, a municipality established a tax
33 increment financing district in a county with a population in
34 excess of 3,000,000 before January 1, 1986, and the
-406- LRB9111045EGfg
1 municipality entered into a contract or issued bonds after
2 January 1, 1986, but before December 31, 1986, to finance
3 redevelopment project costs within a State Sales Tax
4 Boundary, then the Net State Sales Tax Increment means, for
5 the fiscal years beginning July 1, 1990, and July 1, 1991,
6 100% of the State Sales Tax Increment annually generated
7 within a State Sales Tax Boundary; and notwithstanding any
8 other provision of this Act, for those fiscal years the
9 Department of Revenue shall distribute to those
10 municipalities 100% of their Net State Sales Tax Increment
11 before any distribution to any other municipality and
12 regardless of whether or not those other municipalities will
13 receive 100% of their Net State Sales Tax Increment. For
14 Fiscal Year 1999, and every year thereafter until the year
15 2007, for any municipality that has not entered into a
16 contract or has not issued bonds prior to June 1, 1988 to
17 finance redevelopment project costs within a State Sales Tax
18 Boundary, the Net State Sales Tax Increment shall be
19 calculated as follows: By multiplying the Net State Sales Tax
20 Increment by 90% in the State Fiscal Year 1999; 80% in the
21 State Fiscal Year 2000; 70% in the State Fiscal Year 2001;
22 60% in the State Fiscal Year 2002; 50% in the State Fiscal
23 Year 2003; 40% in the State Fiscal Year 2004; 30% in the
24 State Fiscal Year 2005; 20% in the State Fiscal Year 2006;
25 and 10% in the State Fiscal Year 2007. No payment shall be
26 made for State Fiscal Year 2008 and thereafter.
27 Municipalities that issued bonds in connection with a
28 redevelopment project in a redevelopment project area within
29 the State Sales Tax Boundary prior to July 29, 1991, or that
30 entered into contracts in connection with a redevelopment
31 project in a redevelopment project area before June 1, 1988,
32 shall continue to receive their proportional share of the
33 Illinois Tax Increment Fund distribution until the date on
34 which the redevelopment project is completed or terminated,
-407- LRB9111045EGfg
1 or the date on which the bonds are retired or the contracts
2 are completed, whichever date occurs first. Refunding of any
3 bonds issued prior to July 29, 1991, shall not alter the Net
4 State Sales Tax Increment.
5 (j) "State Utility Tax Increment Amount" means an amount
6 equal to the aggregate increase in State electric and gas tax
7 charges imposed on owners and tenants, other than residential
8 customers, of properties located within the redevelopment
9 project area under Section 9-222 of the Public Utilities Act,
10 over and above the aggregate of such charges as certified by
11 the Department of Revenue and paid by owners and tenants,
12 other than residential customers, of properties within the
13 redevelopment project area during the base year, which shall
14 be the calendar year immediately prior to the year of the
15 adoption of the ordinance authorizing tax increment
16 allocation financing.
17 (k) "Net State Utility Tax Increment" means the sum of
18 the following: (a) 80% of the first $100,000 of State Utility
19 Tax Increment annually generated by a redevelopment project
20 area; (b) 60% of the amount in excess of $100,000 but not
21 exceeding $500,000 of the State Utility Tax Increment
22 annually generated by a redevelopment project area; and (c)
23 40% of all amounts in excess of $500,000 of State Utility Tax
24 Increment annually generated by a redevelopment project area.
25 For the State Fiscal Year 1999, and every year thereafter
26 until the year 2007, for any municipality that has not
27 entered into a contract or has not issued bonds prior to June
28 1, 1988 to finance redevelopment project costs within a
29 redevelopment project area, the Net State Utility Tax
30 Increment shall be calculated as follows: By multiplying the
31 Net State Utility Tax Increment by 90% in the State Fiscal
32 Year 1999; 80% in the State Fiscal Year 2000; 70% in the
33 State Fiscal Year 2001; 60% in the State Fiscal Year 2002;
34 50% in the State Fiscal Year 2003; 40% in the State Fiscal
-408- LRB9111045EGfg
1 Year 2004; 30% in the State Fiscal Year 2005; 20% in the
2 State Fiscal Year 2006; and 10% in the State Fiscal Year
3 2007. No payment shall be made for the State Fiscal Year 2008
4 and thereafter.
5 Municipalities that issue bonds in connection with the
6 redevelopment project during the period from June 1, 1988
7 until 3 years after the effective date of this Amendatory Act
8 of 1988 shall receive the Net State Utility Tax Increment,
9 subject to appropriation, for 15 State Fiscal Years after the
10 issuance of such bonds. For the 16th through the 20th State
11 Fiscal Years after issuance of the bonds, the Net State
12 Utility Tax Increment shall be calculated as follows: By
13 multiplying the Net State Utility Tax Increment by 90% in
14 year 16; 80% in year 17; 70% in year 18; 60% in year 19; and
15 50% in year 20. Refunding of any bonds issued prior to June
16 1, 1988, shall not alter the revised Net State Utility Tax
17 Increment payments set forth above.
18 (l) "Obligations" mean bonds, loans, debentures, notes,
19 special certificates or other evidence of indebtedness issued
20 by the municipality to carry out a redevelopment project or
21 to refund outstanding obligations.
22 (m) "Payment in lieu of taxes" means those estimated tax
23 revenues from real property in a redevelopment project area
24 derived from real property that has been acquired by a
25 municipality which according to the redevelopment project or
26 plan is to be used for a private use which taxing districts
27 would have received had a municipality not acquired the real
28 property and adopted tax increment allocation financing and
29 which would result from levies made after the time of the
30 adoption of tax increment allocation financing to the time
31 the current equalized value of real property in the
32 redevelopment project area exceeds the total initial
33 equalized value of real property in said area.
34 (n) "Redevelopment plan" means the comprehensive program
-409- LRB9111045EGfg
1 of the municipality for development or redevelopment intended
2 by the payment of redevelopment project costs to reduce or
3 eliminate those conditions the existence of which qualified
4 the redevelopment project area as a "blighted area" or
5 "conservation area" or combination thereof or "industrial
6 park conservation area," and thereby to enhance the tax bases
7 of the taxing districts which extend into the redevelopment
8 project area. On and after November 1, 1999 (the effective
9 date of Public Act 91-478) this amendatory Act of the 91st
10 General Assembly, no redevelopment plan may be approved or
11 amended that includes the development of vacant land (i) with
12 a golf course and related clubhouse and other facilities or
13 (ii) designated by federal, State, county, or municipal
14 government as public land for outdoor recreational activities
15 or for nature preserves and used for that purpose within 5
16 years prior to the adoption of the redevelopment plan. For
17 the purpose of this subsection, "recreational activities" is
18 limited to mean camping and hunting. Each redevelopment plan
19 shall set forth in writing the program to be undertaken to
20 accomplish the objectives and shall include but not be
21 limited to:
22 (A) an itemized list of estimated redevelopment
23 project costs;
24 (B) evidence indicating that the redevelopment
25 project area on the whole has not been subject to growth
26 and development through investment by private enterprise;
27 (C) an assessment of any financial impact of the
28 redevelopment project area on or any increased demand for
29 services from any taxing district affected by the plan
30 and any program to address such financial impact or
31 increased demand;
32 (D) the sources of funds to pay costs;
33 (E) the nature and term of the obligations to be
34 issued;
-410- LRB9111045EGfg
1 (F) the most recent equalized assessed valuation of
2 the redevelopment project area;
3 (G) an estimate as to the equalized assessed
4 valuation after redevelopment and the general land uses
5 to apply in the redevelopment project area;
6 (H) a commitment to fair employment practices and
7 an affirmative action plan;
8 (I) if it concerns an industrial park conservation
9 area, the plan shall also include a general description
10 of any proposed developer, user and tenant of any
11 property, a description of the type, structure and
12 general character of the facilities to be developed, a
13 description of the type, class and number of new
14 employees to be employed in the operation of the
15 facilities to be developed; and
16 (J) if property is to be annexed to the
17 municipality, the plan shall include the terms of the
18 annexation agreement.
19 The provisions of items (B) and (C) of this subsection
20 (n) shall not apply to a municipality that before March 14,
21 1994 (the effective date of Public Act 88-537) had fixed,
22 either by its corporate authorities or by a commission
23 designated under subsection (k) of Section 11-74.4-4, a time
24 and place for a public hearing as required by subsection (a)
25 of Section 11-74.4-5. No redevelopment plan shall be adopted
26 unless a municipality complies with all of the following
27 requirements:
28 (1) The municipality finds that the redevelopment
29 project area on the whole has not been subject to growth
30 and development through investment by private enterprise
31 and would not reasonably be anticipated to be developed
32 without the adoption of the redevelopment plan.
33 (2) The municipality finds that the redevelopment
34 plan and project conform to the comprehensive plan for
-411- LRB9111045EGfg
1 the development of the municipality as a whole, or, for
2 municipalities with a population of 100,000 or more,
3 regardless of when the redevelopment plan and project was
4 adopted, the redevelopment plan and project either: (i)
5 conforms to the strategic economic development or
6 redevelopment plan issued by the designated planning
7 authority of the municipality, or (ii) includes land uses
8 that have been approved by the planning commission of the
9 municipality.
10 (3) The redevelopment plan establishes the
11 estimated dates of completion of the redevelopment
12 project and retirement of obligations issued to finance
13 redevelopment project costs. Those dates shall not be
14 later than December 31 of the year in which the payment
15 to the municipal treasurer as provided in subsection (b)
16 of Section 11-74.4-8 of this Act is to be made with
17 respect to ad valorem taxes levied in the twenty-third
18 calendar year after the year in which the ordinance
19 approving the redevelopment project area is adopted if
20 the ordinance was adopted on or after January 15, 1981,
21 and not later than December 31 of the year in which the
22 payment to the municipal treasurer as provided in
23 subsection (b) of Section 11-74.4-8 of this Act is to be
24 made with respect to ad valorem taxes levied in the
25 thirty-fifth calendar year after the year in which the
26 ordinance approving the redevelopment project area is
27 adopted:
28 (A) if the ordinance was adopted before
29 January 15, 1981, or
30 (B) if the ordinance was adopted in December
31 1983, April 1984, July 1985, or December 1989, or
32 (C) if the ordinance was adopted in December
33 1987 and the redevelopment project is located within
34 one mile of Midway Airport, or
-412- LRB9111045EGfg
1 (D) if the ordinance was adopted before
2 January 1, 1987 by a municipality in Mason County,
3 or
4 (E) if the municipality is subject to the
5 Local Government Financial Planning and Supervision
6 Act, or
7 (F) if the ordinance was adopted in December
8 1984 by the Village of Rosemont, or
9 (G) if the ordinance was adopted on December
10 31, 1986 by a municipality located in Clinton County
11 for which at least $250,000 of tax increment bonds
12 were authorized on June 17, 1997, or if the
13 ordinance was adopted on December 31, 1986 by a
14 municipality with a population in 1990 of less than
15 3,600 that is located in a county with a population
16 in 1990 of less than 34,000 and for which at least
17 $250,000 of tax increment bonds were authorized on
18 June 17, 1997, or
19 (H) if the ordinance was adopted on October 5,
20 1982 by the City of Kankakee, or if the ordinance
21 was adopted on December 29, 1986 by East St. Louis,
22 or
23 (I) if the ordinance was adopted on November
24 12, 1991 by the Village of Sauget.
25 However, for redevelopment project areas for which
26 bonds were issued before July 29, 1991, or for which
27 contracts were entered into before June 1, 1988, in
28 connection with a redevelopment project in the area
29 within the State Sales Tax Boundary, the estimated dates
30 of completion of the redevelopment project and retirement
31 of obligations to finance redevelopment project costs may
32 be extended by municipal ordinance to December 31, 2013.
33 The extension allowed by this amendatory Act of 1993
34 shall not apply to real property tax increment allocation
-413- LRB9111045EGfg
1 financing under Section 11-74.4-8.
2 A municipality may by municipal ordinance amend an
3 existing redevelopment plan to conform to this paragraph
4 (3) as amended by Public Act 91-478 this amendatory Act
5 of the 91st General Assembly, which municipal ordinance
6 may be adopted without further hearing or notice and
7 without complying with the procedures provided in this
8 Act pertaining to an amendment to or the initial approval
9 of a redevelopment plan and project and designation of a
10 redevelopment project area.
11 Those dates, for purposes of real property tax
12 increment allocation financing pursuant to Section
13 11-74.4-8 only, shall be not more than 35 years for
14 redevelopment project areas that were adopted on or after
15 December 16, 1986 and for which at least $8 million worth
16 of municipal bonds were authorized on or after December
17 19, 1989 but before January 1, 1990; provided that the
18 municipality elects to extend the life of the
19 redevelopment project area to 35 years by the adoption of
20 an ordinance after at least 14 but not more than 30 days'
21 written notice to the taxing bodies, that would otherwise
22 constitute the joint review board for the redevelopment
23 project area, before the adoption of the ordinance.
24 Those dates, for purposes of real property tax
25 increment allocation financing pursuant to Section
26 11-74.4-8 only, shall be not more than 35 years for
27 redevelopment project areas that were established on or
28 after December 1, 1981 but before January 1, 1982 and for
29 which at least $1,500,000 worth of tax increment revenue
30 bonds were authorized on or after September 30, 1990 but
31 before July 1, 1991; provided that the municipality
32 elects to extend the life of the redevelopment project
33 area to 35 years by the adoption of an ordinance after at
34 least 14 but not more than 30 days' written notice to the
-414- LRB9111045EGfg
1 taxing bodies, that would otherwise constitute the joint
2 review board for the redevelopment project area, before
3 the adoption of the ordinance.
4 (3.5) The municipality finds, in the case of an
5 industrial park conservation area, also that the
6 municipality is a labor surplus municipality and that the
7 implementation of the redevelopment plan will reduce
8 unemployment, create new jobs and by the provision of new
9 facilities enhance the tax base of the taxing districts
10 that extend into the redevelopment project area.
11 (4) If any incremental revenues are being utilized
12 under Section 8(a)(1) or 8(a)(2) of this Act in
13 redevelopment project areas approved by ordinance after
14 January 1, 1986, the municipality finds: (a) that the
15 redevelopment project area would not reasonably be
16 developed without the use of such incremental revenues,
17 and (b) that such incremental revenues will be
18 exclusively utilized for the development of the
19 redevelopment project area.
20 (5) On and after November 1, 1999 the effective
21 date of this amendatory Act of the 91st General Assembly,
22 if the redevelopment plan will not result in displacement
23 of residents from inhabited units, and the municipality
24 certifies in the plan that displacement will not result
25 from the plan, a housing impact study need not be
26 performed. If, however, the redevelopment plan would
27 result in the displacement of residents from 10 or more
28 inhabited residential units, or if the redevelopment
29 project area contains 75 or more inhabited residential
30 units and no certification is made, then the municipality
31 shall prepare, as part of the separate feasibility report
32 required by subsection (a) of Section 11-74.4-5, a
33 housing impact study.
34 Part I of the housing impact study shall include (i)
-415- LRB9111045EGfg
1 data as to whether the residential units are single
2 family or multi-family units, (ii) the number and type of
3 rooms within the units, if that information is available,
4 (iii) whether the units are inhabited or uninhabited, as
5 determined not less than 45 days before the date that the
6 ordinance or resolution required by subsection (a) of
7 Section 11-74.4-5 is passed, and (iv) data as to the
8 racial and ethnic composition of the residents in the
9 inhabited residential units. The data requirement as to
10 the racial and ethnic composition of the residents in the
11 inhabited residential units shall be deemed to be fully
12 satisfied by data from the most recent federal census.
13 Part II of the housing impact study shall identify
14 the inhabited residential units in the proposed
15 redevelopment project area that are to be or may be
16 removed. If inhabited residential units are to be
17 removed, then the housing impact study shall identify (i)
18 the number and location of those units that will or may
19 be removed, (ii) the municipality's plans for relocation
20 assistance for those residents in the proposed
21 redevelopment project area whose residences are to be
22 removed, (iii) the availability of replacement housing
23 for those residents whose residences are to be removed,
24 and shall identify the type, location, and cost of the
25 housing, and (iv) the type and extent of relocation
26 assistance to be provided.
27 (6) On and after November 1, 1999 the effective
28 date of this amendatory Act of the 91st General Assembly,
29 the housing impact study required by paragraph (5) shall
30 be incorporated in the redevelopment plan for the
31 redevelopment project area.
32 (7) On and after November 1, 1999 the effective
33 date of this amendatory Act of the 91st General Assembly,
34 no redevelopment plan shall be adopted, nor an existing
-416- LRB9111045EGfg
1 plan amended, nor shall residential housing that is
2 occupied by households of low-income and very low-income
3 persons in currently existing redevelopment project areas
4 be removed after November 1, 1999 the effective date of
5 this amendatory Act of the 91st General Assembly unless
6 the redevelopment plan provides, with respect to
7 inhabited housing units that are to be removed for
8 households of low-income and very low-income persons,
9 affordable housing and relocation assistance not less
10 than that which would be provided under the federal
11 Uniform Relocation Assistance and Real Property
12 Acquisition Policies Act of 1970 and the regulations
13 under that Act, including the eligibility criteria.
14 Affordable housing may be either existing or newly
15 constructed housing. For purposes of this paragraph (7),
16 "low-income households", "very low-income households",
17 and "affordable housing" have the meanings set forth in
18 the Illinois Affordable Housing Act. The municipality
19 shall make a good faith effort to ensure that this
20 affordable housing is located in or near the
21 redevelopment project area within the municipality.
22 (8) On and after November 1, 1999 the effective
23 date of this amendatory Act of the 91st General Assembly,
24 if, after the adoption of the redevelopment plan for the
25 redevelopment project area, any municipality desires to
26 amend its redevelopment plan to remove more inhabited
27 residential units than specified in its original
28 redevelopment plan, that increase in the number of units
29 to be removed shall be deemed to be a change in the
30 nature of the redevelopment plan as to require compliance
31 with the procedures in this Act pertaining to the initial
32 approval of a redevelopment plan.
33 (o) "Redevelopment project" means any public and private
34 development project in furtherance of the objectives of a
-417- LRB9111045EGfg
1 redevelopment plan. On and after November 1, 1999 (the
2 effective date of Public Act 91-478) this amendatory Act of
3 the 91st General Assembly, no redevelopment plan may be
4 approved or amended that includes the development of vacant
5 land (i) with a golf course and related clubhouse and other
6 facilities or (ii) designated by federal, State, county, or
7 municipal government as public land for outdoor recreational
8 activities or for nature preserves and used for that purpose
9 within 5 years prior to the adoption of the redevelopment
10 plan. For the purpose of this subsection, "recreational
11 activities" is limited to mean camping and hunting.
12 (p) "Redevelopment project area" means an area
13 designated by the municipality, which is not less in the
14 aggregate than 1 1/2 acres and in respect to which the
15 municipality has made a finding that there exist conditions
16 which cause the area to be classified as an industrial park
17 conservation area or a blighted area or a conservation area,
18 or a combination of both blighted areas and conservation
19 areas.
20 (q) "Redevelopment project costs" mean and include the
21 sum total of all reasonable or necessary costs incurred or
22 estimated to be incurred, and any such costs incidental to a
23 redevelopment plan and a redevelopment project. Such costs
24 include, without limitation, the following:
25 (1) Costs of studies, surveys, development of
26 plans, and specifications, implementation and
27 administration of the redevelopment plan including but
28 not limited to staff and professional service costs for
29 architectural, engineering, legal, financial, planning or
30 other services, provided however that no charges for
31 professional services may be based on a percentage of the
32 tax increment collected; except that on and after
33 November 1, 1999 (the effective date of Public Act
34 91-478) this amendatory Act of the 91st General Assembly,
-418- LRB9111045EGfg
1 no contracts for professional services, excluding
2 architectural and engineering services, may be entered
3 into if the terms of the contract extend beyond a period
4 of 3 years. In addition, "redevelopment project costs"
5 shall not include lobbying expenses. After consultation
6 with the municipality, each tax increment consultant or
7 advisor to a municipality that plans to designate or has
8 designated a redevelopment project area shall inform the
9 municipality in writing of any contracts that the
10 consultant or advisor has entered into with entities or
11 individuals that have received, or are receiving,
12 payments financed by tax increment revenues produced by
13 the redevelopment project area with respect to which the
14 consultant or advisor has performed, or will be
15 performing, service for the municipality. This
16 requirement shall be satisfied by the consultant or
17 advisor before the commencement of services for the
18 municipality and thereafter whenever any other contracts
19 with those individuals or entities are executed by the
20 consultant or advisor;
21 (1.5) After July 1, 1999, annual administrative
22 costs shall not include general overhead or
23 administrative costs of the municipality that would still
24 have been incurred by the municipality if the
25 municipality had not designated a redevelopment project
26 area or approved a redevelopment plan;
27 (1.6) The cost of marketing sites within the
28 redevelopment project area to prospective businesses,
29 developers, and investors;
30 (2) Property assembly costs, including but not
31 limited to acquisition of land and other property, real
32 or personal, or rights or interests therein, demolition
33 of buildings, site preparation, site improvements that
34 serve as an engineered barrier addressing ground level or
-419- LRB9111045EGfg
1 below ground environmental contamination, including, but
2 not limited to parking lots and other concrete or asphalt
3 barriers, and the clearing and grading of land;
4 (3) Costs of rehabilitation, reconstruction or
5 repair or remodeling of existing public or private
6 buildings, fixtures, and leasehold improvements; and the
7 cost of replacing an existing public building if pursuant
8 to the implementation of a redevelopment project the
9 existing public building is to be demolished to use the
10 site for private investment or devoted to a different use
11 requiring private investment;
12 (4) Costs of the construction of public works or
13 improvements, except that on and after November 1, 1999
14 the effective date of this amendatory Act of the 91st
15 General Assembly, redevelopment project costs shall not
16 include the cost of constructing a new municipal public
17 building principally used to provide offices, storage
18 space, or conference facilities or vehicle storage,
19 maintenance, or repair for administrative, public safety,
20 or public works personnel and that is not intended to
21 replace an existing public building as provided under
22 paragraph (3) of subsection (q) of Section 11-74.4-3
23 unless either (i) the construction of the new municipal
24 building implements a redevelopment project that was
25 included in a redevelopment plan that was adopted by the
26 municipality prior to November 1, 1999 the effective date
27 of this amendatory Act of the 91st General Assembly or
28 (ii) the municipality makes a reasonable determination in
29 the redevelopment plan, supported by information that
30 provides the basis for that determination, that the new
31 municipal building is required to meet an increase in the
32 need for public safety purposes anticipated to result
33 from the implementation of the redevelopment plan;
34 (5) Costs of job training and retraining projects,
-420- LRB9111045EGfg
1 including the cost of "welfare to work" programs
2 implemented by businesses located within the
3 redevelopment project area;
4 (6) Financing costs, including but not limited to
5 all necessary and incidental expenses related to the
6 issuance of obligations and which may include payment of
7 interest on any obligations issued hereunder including
8 interest accruing during the estimated period of
9 construction of any redevelopment project for which such
10 obligations are issued and for not exceeding 36 months
11 thereafter and including reasonable reserves related
12 thereto;
13 (7) To the extent the municipality by written
14 agreement accepts and approves the same, all or a portion
15 of a taxing district's capital costs resulting from the
16 redevelopment project necessarily incurred or to be
17 incurred within a taxing district in furtherance of the
18 objectives of the redevelopment plan and project.
19 (7.5) For redevelopment project areas designated
20 (or redevelopment project areas amended to add or
21 increase the number of tax-increment-financing assisted
22 housing units) on or after November 1, 1999 the effective
23 date of this amendatory Act of the 91st General Assembly,
24 an elementary, secondary, or unit school district's
25 increased costs attributable to assisted housing units
26 located within the redevelopment project area for which
27 the developer or redeveloper receives financial
28 assistance through an agreement with the municipality or
29 because the municipality incurs the cost of necessary
30 infrastructure improvements within the boundaries of the
31 assisted housing sites necessary for the completion of
32 that housing as authorized by this Act, and which costs
33 shall be paid by the municipality from the Special Tax
34 Allocation Fund when the tax increment revenue is
-421- LRB9111045EGfg
1 received as a result of the assisted housing units and
2 shall be calculated annually as follows:
3 (A) for foundation districts, excluding any
4 school district in a municipality with a population
5 in excess of 1,000,000, by multiplying the
6 district's increase in attendance resulting from the
7 net increase in new students enrolled in that school
8 district who reside in housing units within the
9 redevelopment project area that have received
10 financial assistance through an agreement with the
11 municipality or because the municipality incurs the
12 cost of necessary infrastructure improvements within
13 the boundaries of the housing sites necessary for
14 the completion of that housing as authorized by this
15 Act since the designation of the redevelopment
16 project area by the most recently available per
17 capita tuition cost as defined in Section 10-20.12a
18 of the School Code less any increase in general
19 State aid as defined in Section 18-8.05 of the
20 School Code attributable to these added new students
21 subject to the following annual limitations:
22 (i) for unit school districts with a
23 district average 1995-96 Per Capita Tuition
24 Charge of less than $5,900, no more than 25% of
25 the total amount of property tax increment
26 revenue produced by those housing units that
27 have received tax increment finance assistance
28 under this Act;
29 (ii) for elementary school districts with
30 a district average 1995-96 Per Capita Tuition
31 Charge of less than $5,900, no more than 17% of
32 the total amount of property tax increment
33 revenue produced by those housing units that
34 have received tax increment finance assistance
-422- LRB9111045EGfg
1 under this Act; and
2 (iii) for secondary school districts with
3 a district average 1995-96 Per Capita Tuition
4 Charge of less than $5,900, no more than 8% of
5 the total amount of property tax increment
6 revenue produced by those housing units that
7 have received tax increment finance assistance
8 under this Act.
9 (B) For alternate method districts, flat grant
10 districts, and foundation districts with a district
11 average 1995-96 Per Capita Tuition Charge equal to
12 or more than $5,900, excluding any school district
13 with a population in excess of 1,000,000, by
14 multiplying the district's increase in attendance
15 resulting from the net increase in new students
16 enrolled in that school district who reside in
17 housing units within the redevelopment project area
18 that have received financial assistance through an
19 agreement with the municipality or because the
20 municipality incurs the cost of necessary
21 infrastructure improvements within the boundaries of
22 the housing sites necessary for the completion of
23 that housing as authorized by this Act since the
24 designation of the redevelopment project area by the
25 most recently available per capita tuition cost as
26 defined in Section 10-20.12a of the School Code less
27 any increase in general state aid as defined in
28 Section 18-8.05 of the School Code attributable to
29 these added new students subject to the following
30 annual limitations:
31 (i) for unit school districts, no more
32 than 40% of the total amount of property tax
33 increment revenue produced by those housing
34 units that have received tax increment finance
-423- LRB9111045EGfg
1 assistance under this Act;
2 (ii) for elementary school districts, no
3 more than 27% of the total amount of property
4 tax increment revenue produced by those housing
5 units that have received tax increment finance
6 assistance under this Act; and
7 (iii) for secondary school districts, no
8 more than 13% of the total amount of property
9 tax increment revenue produced by those housing
10 units that have received tax increment finance
11 assistance under this Act.
12 (C) For any school district in a municipality
13 with a population in excess of 1,000,000, the
14 following restrictions shall apply to the
15 reimbursement of increased costs under this
16 paragraph (7.5):
17 (i) no increased costs shall be
18 reimbursed unless the school district certifies
19 that each of the schools affected by the
20 assisted housing project is at or over its
21 student capacity;
22 (ii) the amount reimburseable shall be
23 reduced by the value of any land donated to the
24 school district by the municipality or
25 developer, and by the value of any physical
26 improvements made to the schools by the
27 municipality or developer; and
28 (iii) the amount reimbursed may not
29 affect amounts otherwise obligated by the terms
30 of any bonds, notes, or other funding
31 instruments, or the terms of any redevelopment
32 agreement.
33 Any school district seeking payment under this
34 paragraph (7.5) shall, after July 1 and before
-424- LRB9111045EGfg
1 September 30 of each year, provide the municipality
2 with reasonable evidence to support its claim for
3 reimbursement before the municipality shall be
4 required to approve or make the payment to the
5 school district. If the school district fails to
6 provide the information during this period in any
7 year, it shall forfeit any claim to reimbursement
8 for that year. School districts may adopt a
9 resolution waiving the right to all or a portion of
10 the reimbursement otherwise required by this
11 paragraph (7.5). By acceptance of this
12 reimbursement the school district waives the right
13 to directly or indirectly set aside, modify, or
14 contest in any manner the establishment of the
15 redevelopment project area or projects;
16 (8) Relocation costs to the extent that a
17 municipality determines that relocation costs shall be
18 paid or is required to make payment of relocation costs
19 by federal or State law or in order to satisfy
20 subparagraph (7) of subsection (n);
21 (9) Payment in lieu of taxes;
22 (10) Costs of job training, retraining, advanced
23 vocational education or career education, including but
24 not limited to courses in occupational, semi-technical or
25 technical fields leading directly to employment, incurred
26 by one or more taxing districts, provided that such costs
27 (i) are related to the establishment and maintenance of
28 additional job training, advanced vocational education or
29 career education programs for persons employed or to be
30 employed by employers located in a redevelopment project
31 area; and (ii) when incurred by a taxing district or
32 taxing districts other than the municipality, are set
33 forth in a written agreement by or among the municipality
34 and the taxing district or taxing districts, which
-425- LRB9111045EGfg
1 agreement describes the program to be undertaken,
2 including but not limited to the number of employees to
3 be trained, a description of the training and services to
4 be provided, the number and type of positions available
5 or to be available, itemized costs of the program and
6 sources of funds to pay for the same, and the term of the
7 agreement. Such costs include, specifically, the payment
8 by community college districts of costs pursuant to
9 Sections 3-37, 3-38, 3-40 and 3-40.1 of the Public
10 Community College Act and by school districts of costs
11 pursuant to Sections 10-22.20a and 10-23.3a of The School
12 Code;
13 (11) Interest cost incurred by a redeveloper
14 related to the construction, renovation or rehabilitation
15 of a redevelopment project provided that:
16 (A) such costs are to be paid directly from
17 the special tax allocation fund established pursuant
18 to this Act;
19 (B) such payments in any one year may not
20 exceed 30% of the annual interest costs incurred by
21 the redeveloper with regard to the redevelopment
22 project during that year;
23 (C) if there are not sufficient funds
24 available in the special tax allocation fund to make
25 the payment pursuant to this paragraph (11) then the
26 amounts so due shall accrue and be payable when
27 sufficient funds are available in the special tax
28 allocation fund;
29 (D) the total of such interest payments paid
30 pursuant to this Act may not exceed 30% of the total
31 (i) cost paid or incurred by the redeveloper for the
32 redevelopment project plus (ii) redevelopment
33 project costs excluding any property assembly costs
34 and any relocation costs incurred by a municipality
-426- LRB9111045EGfg
1 pursuant to this Act; and
2 (E) the cost limits set forth in subparagraphs
3 (B) and (D) of paragraph (11) shall be modified for
4 the financing of rehabilitated or new housing units
5 for low-income households and very low-income
6 households, as defined in Section 3 of the Illinois
7 Affordable Housing Act. The percentage of 75% shall
8 be substituted for 30% in subparagraphs (B) and (D)
9 of paragraph (11).
10 (F) Instead of the eligible costs provided by
11 subparagraphs (B) and (D) of paragraph (11), as
12 modified by this subparagraph, and notwithstanding
13 any other provisions of this Act to the contrary,
14 the municipality may pay from tax increment revenues
15 up to 50% of the cost of construction of new housing
16 units to be occupied by low-income households and
17 very low-income households as defined in Section 3
18 of the Illinois Affordable Housing Act. The cost of
19 construction of those units may be derived from the
20 proceeds of bonds issued by the municipality under
21 this Act or other constitutional or statutory
22 authority or from other sources of municipal revenue
23 that may be reimbursed from tax increment revenues
24 or the proceeds of bonds issued to finance the
25 construction of that housing.
26 The eligible costs provided under this
27 subparagraph (F) of paragraph (11) shall be an
28 eligible cost for the construction, renovation, and
29 rehabilitation of all low and very low-income
30 housing units, as defined in Section 3 of the
31 Illinois Affordable Housing Act, within the
32 redevelopment project area. If the low and very
33 low-income units are part of a residential
34 redevelopment project that includes units not
-427- LRB9111045EGfg
1 affordable to low and very low-income households,
2 only the low and very low-income units shall be
3 eligible for benefits under subparagraph (F) of
4 paragraph (11). The standards for maintaining the
5 occupancy by low-income households and very
6 low-income households, as defined in Section 3 of
7 the Illinois Affordable Housing Act, of those units
8 constructed with eligible costs made available under
9 the provisions of this subparagraph (F) of paragraph
10 (11) shall be established by guidelines adopted by
11 the municipality. The responsibility for annually
12 documenting the initial occupancy of the units by
13 low-income households and very low-income
14 households, as defined in Section 3 of the Illinois
15 Affordable Housing Act, shall be that of the then
16 current owner of the property. For ownership units,
17 the guidelines will provide, at a minimum, for a
18 reasonable recapture of funds, or other appropriate
19 methods designed to preserve the original
20 affordability of the ownership units. For rental
21 units, the guidelines will provide, at a minimum,
22 for the affordability of rent to low and very
23 low-income households. As units become available,
24 they shall be rented to income-eligible tenants.
25 The municipality may modify these guidelines from
26 time to time; the guidelines, however, shall be in
27 effect for as long as tax increment revenue is being
28 used to pay for costs associated with the units or
29 for the retirement of bonds issued to finance the
30 units or for the life of the redevelopment project
31 area, whichever is later.
32 (11.5) If the redevelopment project area is located
33 within a municipality with a population of more than
34 100,000, the cost of day care services for children of
-428- LRB9111045EGfg
1 employees from low-income families working for businesses
2 located within the redevelopment project area and all or
3 a portion of the cost of operation of day care centers
4 established by redevelopment project area businesses to
5 serve employees from low-income families working in
6 businesses located in the redevelopment project area.
7 For the purposes of this paragraph, "low-income families"
8 means families whose annual income does not exceed 80% of
9 the municipal, county, or regional median income,
10 adjusted for family size, as the annual income and
11 municipal, county, or regional median income are
12 determined from time to time by the United States
13 Department of Housing and Urban Development.
14 (12) Unless explicitly stated herein the cost of
15 construction of new privately-owned buildings shall not
16 be an eligible redevelopment project cost.
17 (13) After November 1, 1999 (the effective date of
18 Public Act 91-478) this amendatory Act of the 91st
19 General Assembly, none of the redevelopment project costs
20 enumerated in this subsection shall be eligible
21 redevelopment project costs if those costs would provide
22 direct financial support to a retail entity initiating
23 operations in the redevelopment project area while
24 terminating operations at another Illinois location
25 within 10 miles of the redevelopment project area but
26 outside the boundaries of the redevelopment project area
27 municipality. For purposes of this paragraph,
28 termination means a closing of a retail operation that is
29 directly related to the opening of the same operation or
30 like retail entity owned or operated by more than 50% of
31 the original ownership in a redevelopment project area,
32 but it does not mean closing an operation for reasons
33 beyond the control of the retail entity, as documented by
34 the retail entity, subject to a reasonable finding by the
-429- LRB9111045EGfg
1 municipality that the current location contained
2 inadequate space, had become economically obsolete, or
3 was no longer a viable location for the retailer or
4 serviceman.
5 If a special service area has been established pursuant
6 to the Special Service Area Tax Act or Special Service Area
7 Tax Law, then any tax increment revenues derived from the tax
8 imposed pursuant to the Special Service Area Tax Act or
9 Special Service Area Tax Law may be used within the
10 redevelopment project area for the purposes permitted by that
11 Act or Law as well as the purposes permitted by this Act.
12 (r) "State Sales Tax Boundary" means the redevelopment
13 project area or the amended redevelopment project area
14 boundaries which are determined pursuant to subsection (9) of
15 Section 11-74.4-8a of this Act. The Department of Revenue
16 shall certify pursuant to subsection (9) of Section
17 11-74.4-8a the appropriate boundaries eligible for the
18 determination of State Sales Tax Increment.
19 (s) "State Sales Tax Increment" means an amount equal to
20 the increase in the aggregate amount of taxes paid by
21 retailers and servicemen, other than retailers and servicemen
22 subject to the Public Utilities Act, on transactions at
23 places of business located within a State Sales Tax Boundary
24 pursuant to the Retailers' Occupation Tax Act, the Use Tax
25 Act, the Service Use Tax Act, and the Service Occupation Tax
26 Act, except such portion of such increase that is paid into
27 the State and Local Sales Tax Reform Fund, the Local
28 Government Distributive Fund, the Local Government Tax
29 Fund and the County and Mass Transit District Fund, for as
30 long as State participation exists, over and above the
31 Initial Sales Tax Amounts, Adjusted Initial Sales Tax Amounts
32 or the Revised Initial Sales Tax Amounts for such taxes as
33 certified by the Department of Revenue and paid under those
34 Acts by retailers and servicemen on transactions at places of
-430- LRB9111045EGfg
1 business located within the State Sales Tax Boundary during
2 the base year which shall be the calendar year immediately
3 prior to the year in which the municipality adopted tax
4 increment allocation financing, less 3.0% of such amounts
5 generated under the Retailers' Occupation Tax Act, Use Tax
6 Act and Service Use Tax Act and the Service Occupation Tax
7 Act, which sum shall be appropriated to the Department of
8 Revenue to cover its costs of administering and enforcing
9 this Section. For purposes of computing the aggregate amount
10 of such taxes for base years occurring prior to 1985, the
11 Department of Revenue shall compute the Initial Sales Tax
12 Amount for such taxes and deduct therefrom an amount equal to
13 4% of the aggregate amount of taxes per year for each year
14 the base year is prior to 1985, but not to exceed a total
15 deduction of 12%. The amount so determined shall be known as
16 the "Adjusted Initial Sales Tax Amount". For purposes of
17 determining the State Sales Tax Increment the Department of
18 Revenue shall for each period subtract from the tax amounts
19 received from retailers and servicemen on transactions
20 located in the State Sales Tax Boundary, the certified
21 Initial Sales Tax Amounts, Adjusted Initial Sales Tax Amounts
22 or Revised Initial Sales Tax Amounts for the Retailers'
23 Occupation Tax Act, the Use Tax Act, the Service Use Tax Act
24 and the Service Occupation Tax Act. For the State Fiscal
25 Year 1989 this calculation shall be made by utilizing the
26 calendar year 1987 to determine the tax amounts received. For
27 the State Fiscal Year 1990, this calculation shall be made by
28 utilizing the period from January 1, 1988, until September
29 30, 1988, to determine the tax amounts received from
30 retailers and servicemen, which shall have deducted therefrom
31 nine-twelfths of the certified Initial Sales Tax Amounts,
32 Adjusted Initial Sales Tax Amounts or the Revised Initial
33 Sales Tax Amounts as appropriate. For the State Fiscal Year
34 1991, this calculation shall be made by utilizing the period
-431- LRB9111045EGfg
1 from October 1, 1988, until June 30, 1989, to determine the
2 tax amounts received from retailers and servicemen, which
3 shall have deducted therefrom nine-twelfths of the certified
4 Initial State Sales Tax Amounts, Adjusted Initial Sales Tax
5 Amounts or the Revised Initial Sales Tax Amounts as
6 appropriate. For every State Fiscal Year thereafter, the
7 applicable period shall be the 12 months beginning July 1 and
8 ending on June 30, to determine the tax amounts received
9 which shall have deducted therefrom the certified Initial
10 Sales Tax Amounts, Adjusted Initial Sales Tax Amounts or the
11 Revised Initial Sales Tax Amounts. Municipalities intending
12 to receive a distribution of State Sales Tax Increment must
13 report a list of retailers to the Department of Revenue by
14 October 31, 1988 and by July 31, of each year thereafter.
15 (t) "Taxing districts" means counties, townships, cities
16 and incorporated towns and villages, school, road, park,
17 sanitary, mosquito abatement, forest preserve, public health,
18 fire protection, river conservancy, tuberculosis sanitarium
19 and any other municipal corporations or districts with the
20 power to levy taxes.
21 (u) "Taxing districts' capital costs" means those costs
22 of taxing districts for capital improvements that are found
23 by the municipal corporate authorities to be necessary and
24 directly result from the redevelopment project.
25 (v) As used in subsection (a) of Section 11-74.4-3 of
26 this Act, "vacant land" means any parcel or combination of
27 parcels of real property without industrial, commercial, and
28 residential buildings which has not been used for commercial
29 agricultural purposes within 5 years prior to the designation
30 of the redevelopment project area, unless the parcel is
31 included in an industrial park conservation area or the
32 parcel has been subdivided; provided that if the parcel was
33 part of a larger tract that has been divided into 3 or more
34 smaller tracts that were accepted for recording during the
-432- LRB9111045EGfg
1 period from 1950 to 1990, then the parcel shall be deemed to
2 have been subdivided, and all proceedings and actions of the
3 municipality taken in that connection with respect to any
4 previously approved or designated redevelopment project area
5 or amended redevelopment project area are hereby validated
6 and hereby declared to be legally sufficient for all purposes
7 of this Act. For purposes of this Section and only for land
8 subject to the subdivision requirements of the Plat Act, land
9 is subdivided when the original plat of the proposed
10 Redevelopment Project Area or relevant portion thereof has
11 been properly certified, acknowledged, approved, and recorded
12 or filed in accordance with the Plat Act and a preliminary
13 plat, if any, for any subsequent phases of the proposed
14 Redevelopment Project Area or relevant portion thereof has
15 been properly approved and filed in accordance with the
16 applicable ordinance of the municipality.
17 (w) "Annual Total Increment" means the sum of each
18 municipality's annual Net Sales Tax Increment and each
19 municipality's annual Net Utility Tax Increment. The ratio
20 of the Annual Total Increment of each municipality to the
21 Annual Total Increment for all municipalities, as most
22 recently calculated by the Department, shall determine the
23 proportional shares of the Illinois Tax Increment Fund to be
24 distributed to each municipality.
25 (Source: P.A. 90-379, eff. 8-14-97; 91-261, eff. 7-23-99;
26 91-477, eff. 8-11-99; 91-478, eff. 11-1-99; 91-642, eff.
27 8-20-99; revised 10-14-99.)
28 (65 ILCS 5/11-74.4-4) (from Ch. 24, par. 11-74.4-4)
29 Sec. 11-74.4-4. Municipal powers and duties;
30 redevelopment project areas. A municipality may:
31 (a) The changes made by this amendatory Act of the 91st
32 General Assembly do not apply to a municipality that, (i)
33 before the effective date of this amendatory Act of the 91st
-433- LRB9111045EGfg
1 General Assembly, has adopted an ordinance or resolution
2 fixing a time and place for a public hearing under Section
3 11-74.4-5 or (ii) before July 1, 1999, has adopted an
4 ordinance or resolution providing for a feasibility study
5 under Section 11-74.4-4.1, but has not yet adopted an
6 ordinance approving redevelopment plans and redevelopment
7 projects or designating redevelopment project areas under
8 this Section, until after that municipality adopts an
9 ordinance approving redevelopment plans and redevelopment
10 projects or designating redevelopment project areas under
11 this Section; thereafter the changes made by this amendatory
12 Act of the 91st General Assembly apply to the same extent
13 that they apply to redevelopment plans and redevelopment
14 projects that were approved and redevelopment projects that
15 were designated before the effective date of this amendatory
16 Act of the 91st General Assembly.
17 By ordinance introduced in the governing body of the
18 municipality within 14 to 90 days from the completion of the
19 hearing specified in Section 11-74.4-5 approve redevelopment
20 plans and redevelopment projects, and designate redevelopment
21 project areas pursuant to notice and hearing required by this
22 Act. No redevelopment project area shall be designated
23 unless a plan and project are approved prior to the
24 designation of such area and such area shall include only
25 those contiguous parcels of real property and improvements
26 thereon substantially benefited by the proposed redevelopment
27 project improvements. Upon adoption of the ordinances, the
28 municipality shall forthwith transmit to the county clerk of
29 the county or counties within which the redevelopment project
30 area is located a certified copy of the ordinances, a legal
31 description of the redevelopment project area, a map of the
32 redevelopment project area, identification of the year that
33 the county clerk shall use for determining the total initial
34 equalized assessed value of the redevelopment project area
-434- LRB9111045EGfg
1 consistent with subsection (a) of Section 11-74.4-9, and a
2 list of the parcel or tax identification number of each
3 parcel of property included in the redevelopment project
4 area.
5 (b) Make and enter into all contracts with property
6 owners, developers, tenants, overlapping taxing bodies, and
7 others necessary or incidental to the implementation and
8 furtherance of its redevelopment plan and project.
9 (c) Within a redevelopment project area, acquire by
10 purchase, donation, lease or eminent domain; own, convey,
11 lease, mortgage or dispose of land and other property, real
12 or personal, or rights or interests therein, and grant or
13 acquire licenses, easements and options with respect thereto,
14 all in the manner and at such price the municipality
15 determines is reasonably necessary to achieve the objectives
16 of the redevelopment plan and project. No conveyance, lease,
17 mortgage, disposition of land or other property owned by a
18 municipality, or agreement relating to the development of
19 such municipal property shall be made except upon the
20 adoption of an ordinance by the corporate authorities of the
21 municipality. Furthermore, no conveyance, lease, mortgage, or
22 other disposition of land owned by a municipality or
23 agreement relating to the development of such municipal
24 property shall be made without making public disclosure of
25 the terms of the disposition and all bids and proposals made
26 in response to the municipality's request. The procedures
27 for obtaining such bids and proposals shall provide
28 reasonable opportunity for any person to submit alternative
29 proposals or bids.
30 (d) Within a redevelopment project area, clear any area
31 by demolition or removal of any existing buildings and
32 structures.
33 (e) Within a redevelopment project area, renovate or
34 rehabilitate or construct any structure or building, as
-435- LRB9111045EGfg
1 permitted under this Act.
2 (f) Install, repair, construct, reconstruct or relocate
3 streets, utilities and site improvements essential to the
4 preparation of the redevelopment area for use in accordance
5 with a redevelopment plan.
6 (g) Within a redevelopment project area, fix, charge and
7 collect fees, rents and charges for the use of any building
8 or property owned or leased by it or any part thereof, or
9 facility therein.
10 (h) Accept grants, guarantees and donations of property,
11 labor, or other things of value from a public or private
12 source for use within a project redevelopment area.
13 (i) Acquire and construct public facilities within a
14 redevelopment project area, as permitted under this Act.
15 (j) Incur project redevelopment costs and reimburse
16 developers who incur redevelopment project costs authorized
17 by a redevelopment agreement; provided, however, that on and
18 after the effective date of this amendatory Act of the 91st
19 General Assembly, no municipality shall incur redevelopment
20 project costs (except for planning costs and any other
21 eligible costs authorized by municipal ordinance or
22 resolution that are subsequently included in the
23 redevelopment plan for the area and are incurred by the
24 municipality after the ordinance or resolution is adopted)
25 that are not consistent with the program for accomplishing
26 the objectives of the redevelopment plan as included in that
27 plan and approved by the municipality until the municipality
28 has amended the redevelopment plan as provided elsewhere in
29 this Act.
30 (k) Create a commission of not less than 5 or more than
31 15 persons to be appointed by the mayor or president of the
32 municipality with the consent of the majority of the
33 governing board of the municipality. Members of a commission
34 appointed after the effective date of this amendatory Act of
-436- LRB9111045EGfg
1 1987 shall be appointed for initial terms of 1, 2, 3, 4 and 5
2 years, respectively, in such numbers as to provide that the
3 terms of not more than 1/3 of all such members shall expire
4 in any one year. Their successors shall be appointed for a
5 term of 5 years. The commission, subject to approval of the
6 corporate authorities may exercise the powers enumerated in
7 this Section. The commission shall also have the power to
8 hold the public hearings required by this division and make
9 recommendations to the corporate authorities concerning the
10 adoption of redevelopment plans, redevelopment projects and
11 designation of redevelopment project areas.
12 (l) Make payment in lieu of taxes or a portion thereof
13 to taxing districts. If payments in lieu of taxes or a
14 portion thereof are made to taxing districts, those payments
15 shall be made to all districts within a project redevelopment
16 area on a basis which is proportional to the current
17 collections of revenue which each taxing district receives
18 from real property in the redevelopment project area.
19 (m) Exercise any and all other powers necessary to
20 effectuate the purposes of this Act.
21 (n) If any member of the corporate authority, a member
22 of a commission established pursuant to Section 11-74.4-4(k)
23 of this Act, or an employee or consultant of the municipality
24 involved in the planning and preparation of a redevelopment
25 plan, or project for a redevelopment project area or proposed
26 redevelopment project area, as defined in Sections
27 11-74.4-3(i) through (k) of this Act, owns or controls an
28 interest, direct or indirect, in any property included in any
29 redevelopment area, or proposed redevelopment area, he or she
30 shall disclose the same in writing to the clerk of the
31 municipality, and shall also so disclose the dates and terms
32 and conditions of any disposition of any such interest, which
33 disclosures shall be acknowledged by the corporate
34 authorities and entered upon the minute books of the
-437- LRB9111045EGfg
1 corporate authorities. If an individual holds such an
2 interest then that individual shall refrain from any further
3 official involvement in regard to such redevelopment plan,
4 project or area, from voting on any matter pertaining to such
5 redevelopment plan, project or area, or communicating with
6 other members concerning corporate authorities, commission or
7 employees concerning any matter pertaining to said
8 redevelopment plan, project or area. Furthermore, no such
9 member or employee shall acquire of any interest direct, or
10 indirect, in any property in a redevelopment area or proposed
11 redevelopment area after either (a) such individual obtains
12 knowledge of such plan, project or area or (b) first public
13 notice of such plan, project or area pursuant to Section
14 11-74.4-6 of this Division, whichever occurs first. For the
15 purposes of this subsection, a property interest acquired in
16 a single parcel of property by a member of the corporate
17 authority, which property is used exclusively as the
18 member's primary residence, shall not be deemed to constitute
19 an interest in any property included in a redevelopment area
20 or proposed redevelopment area that was established before
21 December 31, 1989, but the member must disclose the
22 acquisition to the municipal clerk under the provisions of
23 this subsection. For the purposes of this subsection, a
24 month-to-month leasehold interest in a single parcel of
25 property by a member of the corporate authority shall not be
26 deemed to constitute an interest in any property included in
27 any redevelopment area or proposed redevelopment area, but
28 the member must disclose the interest to the municipal clerk
29 under the provisions of this subsection.
30 (o) Create a Tax Increment Economic Development Advisory
31 Committee to be appointed by the Mayor or President of the
32 municipality with the consent of the majority of the
33 governing board of the municipality, the members of which
34 Committee shall be appointed for initial terms of 1, 2, 3, 4
-438- LRB9111045EGfg
1 and 5 years respectively, in such numbers as to provide that
2 the terms of not more than 1/3 of all such members shall
3 expire in any one year. Their successors shall be appointed
4 for a term of 5 years. The Committee shall have none of the
5 powers enumerated in this Section. The Committee shall serve
6 in an advisory capacity only. The Committee may advise the
7 governing Board of the municipality and other municipal
8 officials regarding development issues and opportunities
9 within the redevelopment project area or the area within the
10 State Sales Tax Boundary. The Committee may also promote and
11 publicize development opportunities in the redevelopment
12 project area or the area within the State Sales Tax Boundary.
13 (p) Municipalities may jointly undertake and perform
14 redevelopment plans and projects and utilize the provisions
15 of the Act wherever they have contiguous redevelopment
16 project areas or they determine to adopt tax increment
17 financing with respect to a redevelopment project area which
18 includes contiguous real property within the boundaries of
19 the municipalities, and in doing so, they may, by agreement
20 between municipalities, issue obligations, separately or
21 jointly, and expend revenues received under the Act for
22 eligible expenses anywhere within contiguous redevelopment
23 project areas or as otherwise permitted in the Act.
24 (q) Utilize revenues, other than State sales tax
25 increment revenues, received under this Act from one
26 redevelopment project area for eligible costs in another
27 redevelopment project area that is either contiguous to, or
28 is separated only by a public right of way from, the
29 redevelopment project area from which the revenues are
30 received. Utilize tax increment revenues for eligible costs
31 that are received from a redevelopment project area created
32 under the Industrial Jobs Recovery Law that is either
33 contiguous to, or is separated only by a public right of way
34 from, the redevelopment project area created under this Act
-439- LRB9111045EGfg
1 which initially receives these revenues. Utilize revenues,
2 other than State sales tax increment revenues, by
3 transferring or loaning such revenues to a redevelopment
4 project area created under the Industrial Jobs Recovery Law
5 that is either contiguous to, or separated only by a public
6 right of way from the redevelopment project area that
7 initially produced and received those revenues; and, if the
8 redevelopment project area (i) was established before the
9 effective date of this amendatory Act of the 91st General
10 Assembly and (ii) is located within a municipality with a
11 population of more than 100,000, utilize revenues or proceeds
12 of obligations authorized by Section 11-74.4-7 of this Act,
13 other than use or occupation tax revenues, to pay for any
14 redevelopment project costs as defined by subsection (q) of
15 Section 11-74.4-3 to the extent that the redevelopment
16 project costs involve public property that is either
17 contiguous to, or separated only by a public right of way
18 from, a redevelopment project area whether or not
19 redevelopment project costs or the source of payment for the
20 costs are specifically set forth in the redevelopment plan
21 for the redevelopment project area.
22 (r) If no redevelopment project has been initiated in a
23 redevelopment project area within 7 years after the area was
24 designated by ordinance under subsection (a), the
25 municipality shall adopt an ordinance repealing the area's
26 designation as a redevelopment project area; provided,
27 however, that if an area received its designation more than 3
28 years before the effective date of this amendatory Act of
29 1994 and no redevelopment project has been initiated within 4
30 years after the effective date of this amendatory Act of
31 1994, the municipality shall adopt an ordinance repealing its
32 designation as a redevelopment project area. Initiation of a
33 redevelopment project shall be evidenced by either a signed
34 redevelopment agreement or expenditures on eligible
-440- LRB9111045EGfg
1 redevelopment project costs associated with a redevelopment
2 project.
3 (Source: P.A. 90-258, eff. 7-30-97; 91-478, eff. 11-1-99;
4 91-642, eff. 8-20-99; revised 10-20-99.)
5 (65 ILCS 5/11-74.4-7) (from Ch. 24, par. 11-74.4-7)
6 Sec. 11-74.4-7. Obligations secured by the special tax
7 allocation fund set forth in Section 11-74.4-8 for the
8 redevelopment project area may be issued to provide for
9 redevelopment project costs. Such obligations, when so
10 issued, shall be retired in the manner provided in the
11 ordinance authorizing the issuance of such obligations by the
12 receipts of taxes levied as specified in Section 11-74.4-9
13 against the taxable property included in the area, by
14 revenues as specified by Section 11-74.4-8a and other revenue
15 designated by the municipality. A municipality may in the
16 ordinance pledge all or any part of the funds in and to be
17 deposited in the special tax allocation fund created pursuant
18 to Section 11-74.4-8 to the payment of the redevelopment
19 project costs and obligations. Any pledge of funds in the
20 special tax allocation fund shall provide for distribution to
21 the taxing districts and to the Illinois Department of
22 Revenue of moneys not required, pledged, earmarked, or
23 otherwise designated for payment and securing of the
24 obligations and anticipated redevelopment project costs and
25 such excess funds shall be calculated annually and deemed to
26 be "surplus" funds. In the event a municipality only applies
27 or pledges a portion of the funds in the special tax
28 allocation fund for the payment or securing of anticipated
29 redevelopment project costs or of obligations, any such funds
30 remaining in the special tax allocation fund after complying
31 with the requirements of the application or pledge, shall
32 also be calculated annually and deemed "surplus" funds. All
33 surplus funds in the special tax allocation fund shall be
-441- LRB9111045EGfg
1 distributed annually within 180 days after the close of the
2 municipality's fiscal year by being paid by the municipal
3 treasurer to the County Collector, to the Department of
4 Revenue and to the municipality in direct proportion to the
5 tax incremental revenue received as a result of an increase
6 in the equalized assessed value of property in the
7 redevelopment project area, tax incremental revenue received
8 from the State and tax incremental revenue received from the
9 municipality, but not to exceed as to each such source the
10 total incremental revenue received from that source. The
11 County Collector shall thereafter make distribution to the
12 respective taxing districts in the same manner and proportion
13 as the most recent distribution by the county collector to
14 the affected districts of real property taxes from real
15 property in the redevelopment project area.
16 Without limiting the foregoing in this Section, the
17 municipality may in addition to obligations secured by the
18 special tax allocation fund pledge for a period not greater
19 than the term of the obligations towards payment of such
20 obligations any part or any combination of the following: (a)
21 net revenues of all or part of any redevelopment project; (b)
22 taxes levied and collected on any or all property in the
23 municipality; (c) the full faith and credit of the
24 municipality; (d) a mortgage on part or all of the
25 redevelopment project; or (e) any other taxes or anticipated
26 receipts that the municipality may lawfully pledge.
27 Such obligations may be issued in one or more series
28 bearing interest at such rate or rates as the corporate
29 authorities of the municipality shall determine by ordinance.
30 Such obligations shall bear such date or dates, mature at
31 such time or times not exceeding 20 years from their
32 respective dates, be in such denomination, carry such
33 registration privileges, be executed in such manner, be
34 payable in such medium of payment at such place or places,
-442- LRB9111045EGfg
1 contain such covenants, terms and conditions, and be subject
2 to redemption as such ordinance shall provide. Obligations
3 issued pursuant to this Act may be sold at public or private
4 sale at such price as shall be determined by the corporate
5 authorities of the municipalities. No referendum approval of
6 the electors shall be required as a condition to the issuance
7 of obligations pursuant to this Division except as provided
8 in this Section.
9 In the event the municipality authorizes issuance of
10 obligations pursuant to the authority of this Division
11 secured by the full faith and credit of the municipality,
12 which obligations are other than obligations which may be
13 issued under home rule powers provided by Article VII,
14 Section 6 of the Illinois Constitution, or pledges taxes
15 pursuant to (b) or (c) of the second paragraph of this
16 section, the ordinance authorizing the issuance of such
17 obligations or pledging such taxes shall be published within
18 10 days after such ordinance has been passed in one or more
19 newspapers, with general circulation within such
20 municipality. The publication of the ordinance shall be
21 accompanied by a notice of (1) the specific number of voters
22 required to sign a petition requesting the question of the
23 issuance of such obligations or pledging taxes to be
24 submitted to the electors; (2) the time in which such
25 petition must be filed; and (3) the date of the prospective
26 referendum. The municipal clerk shall provide a petition
27 form to any individual requesting one.
28 If no petition is filed with the municipal clerk, as
29 hereinafter provided in this Section, within 30 days after
30 the publication of the ordinance, the ordinance shall be in
31 effect. But, if within that 30 day period a petition is
32 filed with the municipal clerk, signed by electors in the
33 municipality numbering 10% or more of the number of
34 registered voters in the municipality, asking that the
-443- LRB9111045EGfg
1 question of issuing obligations using full faith and credit
2 of the municipality as security for the cost of paying for
3 redevelopment project costs, or of pledging taxes for the
4 payment of such obligations, or both, be submitted to the
5 electors of the municipality, the corporate authorities of
6 the municipality shall call a special election in the manner
7 provided by law to vote upon that question, or, if a general,
8 State or municipal election is to be held within a period of
9 not less than 30 or more than 90 days from the date such
10 petition is filed, shall submit the question at the next
11 general, State or municipal election. If it appears upon the
12 canvass of the election by the corporate authorities that a
13 majority of electors voting upon the question voted in favor
14 thereof, the ordinance shall be in effect, but if a majority
15 of the electors voting upon the question are not in favor
16 thereof, the ordinance shall not take effect.
17 The ordinance authorizing the obligations may provide
18 that the obligations shall contain a recital that they are
19 issued pursuant to this Division, which recital shall be
20 conclusive evidence of their validity and of the regularity
21 of their issuance.
22 In the event the municipality authorizes issuance of
23 obligations pursuant to this Section secured by the full
24 faith and credit of the municipality, the ordinance
25 authorizing the obligations may provide for the levy and
26 collection of a direct annual tax upon all taxable property
27 within the municipality sufficient to pay the principal
28 thereof and interest thereon as it matures, which levy may be
29 in addition to and exclusive of the maximum of all other
30 taxes authorized to be levied by the municipality, which
31 levy, however, shall be abated to the extent that monies from
32 other sources are available for payment of the obligations
33 and the municipality certifies the amount of said monies
34 available to the county clerk.
-444- LRB9111045EGfg
1 A certified copy of such ordinance shall be filed with
2 the county clerk of each county in which any portion of the
3 municipality is situated, and shall constitute the authority
4 for the extension and collection of the taxes to be deposited
5 in the special tax allocation fund.
6 A municipality may also issue its obligations to refund
7 in whole or in part, obligations theretofore issued by such
8 municipality under the authority of this Act, whether at or
9 prior to maturity, provided however, that the last maturity
10 of the refunding obligations shall not be expressed to mature
11 later than December 31 of the year in which the payment to
12 the municipal treasurer as provided in subsection (b) of
13 Section 11-74.4-8 of this Act is to be made with respect to
14 ad valorem taxes levied in the twenty-third calendar year
15 after the year in which the ordinance approving the
16 redevelopment project area is adopted if the ordinance was
17 adopted on or after January 15, 1981, and not later than
18 December 31 of the year in which the payment to the municipal
19 treasurer as provided in subsection (b) of Section 11-74.4-8
20 of this Act is to be made with respect to ad valorem taxes
21 levied in the thirty-fifth calendar year after the year in
22 which the ordinance approving the redevelopment project area
23 is adopted (A) if the ordinance was adopted before January
24 15, 1981, or (B) if the ordinance was adopted in December
25 1983, April 1984, July 1985, or December 1989, or (C) if the
26 ordinance was adopted in December, 1987 and the redevelopment
27 project is located within one mile of Midway Airport, or (D)
28 if the ordinance was adopted before January 1, 1987 by a
29 municipality in Mason County, or (E) if the municipality is
30 subject to the Local Government Financial Planning and
31 Supervision Act, or (F) if the ordinance was adopted in
32 December 1984 by the Village of Rosemont, or (G) if the
33 ordinance was adopted on December 31, 1986 by a municipality
34 located in Clinton County for which at least $250,000 of tax
-445- LRB9111045EGfg
1 increment bonds were authorized on June 17, 1997, or if the
2 ordinance was adopted on December 31, 1986 by a municipality
3 with a population in 1990 of less than 3,600 that is located
4 in a county with a population in 1990 of less than 34,000 and
5 for which at least $250,000 of tax increment bonds were
6 authorized on June 17, 1997, or (H) if the ordinance was
7 adopted on October 5, 1982 by the City of Kankakee, or (I) if
8 the ordinance was adopted on December 29, 1986 by East St.
9 Louis, or if the ordinance was adopted on November 12, 1991
10 by the Village of Sauget and, for redevelopment project areas
11 for which bonds were issued before July 29, 1991, in
12 connection with a redevelopment project in the area within
13 the State Sales Tax Boundary and which were extended by
14 municipal ordinance under subsection (n) of Section
15 11-74.4-3, the last maturity of the refunding obligations
16 shall not be expressed to mature later than the date on which
17 the redevelopment project area is terminated or December 31,
18 2013, whichever date occurs first.
19 In the event a municipality issues obligations under home
20 rule powers or other legislative authority the proceeds of
21 which are pledged to pay for redevelopment project costs, the
22 municipality may, if it has followed the procedures in
23 conformance with this division, retire said obligations from
24 funds in the special tax allocation fund in amounts and in
25 such manner as if such obligations had been issued pursuant
26 to the provisions of this division.
27 All obligations heretofore or hereafter issued pursuant
28 to this Act shall not be regarded as indebtedness of the
29 municipality issuing such obligations or any other taxing
30 district for the purpose of any limitation imposed by law.
31 (Source: P.A. 90-379, eff. 8-14-97; 91-261, eff. 7-23-99;
32 91-477, eff. 8-11-99; 91-478, eff. 11-1-99; 91-642, eff.
33 8-20-99; revised 10-14-99.)
-446- LRB9111045EGfg
1 (65 ILCS 5/11-74.4-8) (from Ch. 24, par. 11-74.4-8)
2 Sec. 11-74.4-8. A municipality may not adopt tax
3 increment financing in a redevelopment project area after the
4 effective date of this amendatory Act of 1997 that will
5 encompass an area that is currently included in an enterprise
6 zone created under the Illinois Enterprise Zone Act unless
7 that municipality, pursuant to Section 5.4 of the Illinois
8 Enterprise Zone Act, amends the enterprise zone designating
9 ordinance to limit the eligibility for tax abatements as
10 provided in Section 5.4.1 of the Illinois Enterprise Zone
11 Act. A municipality, at the time a redevelopment project
12 area is designated, may adopt tax increment allocation
13 financing by passing an ordinance providing that the ad
14 valorem taxes, if any, arising from the levies upon taxable
15 real property in such redevelopment project area by taxing
16 districts and tax rates determined in the manner provided in
17 paragraph (c) of Section 11-74.4-9 each year after the
18 effective date of the ordinance until redevelopment project
19 costs and all municipal obligations financing redevelopment
20 project costs incurred under this Division have been paid
21 shall be divided as follows:
22 (a) That portion of taxes levied upon each taxable lot,
23 block, tract or parcel of real property which is attributable
24 to the lower of the current equalized assessed value or the
25 initial equalized assessed value of each such taxable lot,
26 block, tract or parcel of real property in the redevelopment
27 project area shall be allocated to and when collected shall
28 be paid by the county collector to the respective affected
29 taxing districts in the manner required by law in the absence
30 of the adoption of tax increment allocation financing.
31 (b) Except from a tax levied by a township to retire
32 bonds issued to satisfy court-ordered damages, that portion,
33 if any, of such taxes which is attributable to the increase
34 in the current equalized assessed valuation of each taxable
-447- LRB9111045EGfg
1 lot, block, tract or parcel of real property in the
2 redevelopment project area over and above the initial
3 equalized assessed value of each property in the project area
4 shall be allocated to and when collected shall be paid to the
5 municipal treasurer who shall deposit said taxes into a
6 special fund called the special tax allocation fund of the
7 municipality for the purpose of paying redevelopment project
8 costs and obligations incurred in the payment thereof. In any
9 county with a population of 3,000,000 or more that has
10 adopted a procedure for collecting taxes that provides for
11 one or more of the installments of the taxes to be billed and
12 collected on an estimated basis, the municipal treasurer
13 shall be paid for deposit in the special tax allocation fund
14 of the municipality, from the taxes collected from estimated
15 bills issued for property in the redevelopment project area,
16 the difference between the amount actually collected from
17 each taxable lot, block, tract, or parcel of real property
18 within the redevelopment project area and an amount
19 determined by multiplying the rate at which taxes were last
20 extended against the taxable lot, block, track, or parcel of
21 real property in the manner provided in subsection (c) of
22 Section 11-74.4-9 by the initial equalized assessed value of
23 the property divided by the number of installments in which
24 real estate taxes are billed and collected within the county;
25 provided that the payments on or before December 31, 1999 to
26 a municipal treasurer shall be made only if each of the
27 following conditions are met:
28 (1) The total equalized assessed value of the
29 redevelopment project area as last determined was not
30 less than 175% of the total initial equalized assessed
31 value.
32 (2) Not more than 50% of the total equalized
33 assessed value of the redevelopment project area as last
34 determined is attributable to a piece of property
-448- LRB9111045EGfg
1 assigned a single real estate index number.
2 (3) The municipal clerk has certified to the county
3 clerk that the municipality has issued its obligations to
4 which there has been pledged the incremental property
5 taxes of the redevelopment project area or taxes levied
6 and collected on any or all property in the municipality
7 or the full faith and credit of the municipality to pay
8 or secure payment for all or a portion of the
9 redevelopment project costs. The certification shall be
10 filed annually no later than September 1 for the
11 estimated taxes to be distributed in the following year;
12 however, for the year 1992 the certification shall be
13 made at any time on or before March 31, 1992.
14 (4) The municipality has not requested that the
15 total initial equalized assessed value of real property
16 be adjusted as provided in subsection (b) of Section
17 11-74.4-9.
18 The conditions of paragraphs (1) through (4) do not apply
19 after December 31, 1999 to payments to a municipal treasurer
20 made by a county with 3,000,000 or more inhabitants that has
21 adopted an estimated billing procedure for collecting taxes.
22 If a county that has adopted the estimated billing procedure
23 makes an erroneous overpayment of tax revenue to the
24 municipal treasurer, then the county may seek a refund of
25 that overpayment. The county shall send the municipal
26 treasurer a notice of liability for the overpayment on or
27 before the mailing date of the next real estate tax bill
28 within the county. The refund shall be limited to the amount
29 of the overpayment.
30 It is the intent of this Division that after the
31 effective date of this amendatory Act of 1988 a
32 municipality's own ad valorem tax arising from levies on
33 taxable real property be included in the determination of
34 incremental revenue in the manner provided in paragraph (c)
-449- LRB9111045EGfg
1 of Section 11-74.4-9. If the municipality does not extend
2 such a tax, it shall annually deposit in the municipality's
3 Special Tax Increment Fund an amount equal to 10% of the
4 total contributions to the fund from all other taxing
5 districts in that year. The annual 10% deposit required by
6 this paragraph shall be limited to the actual amount of
7 municipally produced incremental tax revenues available to
8 the municipality from taxpayers located in the redevelopment
9 project area in that year if: (a) the plan for the area
10 restricts the use of the property primarily to industrial
11 purposes, (b) the municipality establishing the redevelopment
12 project area is a home-rule community with a 1990 population
13 of between 25,000 and 50,000, (c) the municipality is wholly
14 located within a county with a 1990 population of over
15 750,000 and (d) the redevelopment project area was
16 established by the municipality prior to June 1, 1990. This
17 payment shall be in lieu of a contribution of ad valorem
18 taxes on real property. If no such payment is made, any
19 redevelopment project area of the municipality shall be
20 dissolved.
21 If a municipality has adopted tax increment allocation
22 financing by ordinance and the County Clerk thereafter
23 certifies the "total initial equalized assessed value as
24 adjusted" of the taxable real property within such
25 redevelopment project area in the manner provided in
26 paragraph (b) of Section 11-74.4-9, each year after the date
27 of the certification of the total initial equalized assessed
28 value as adjusted until redevelopment project costs and all
29 municipal obligations financing redevelopment project costs
30 have been paid the ad valorem taxes, if any, arising from the
31 levies upon the taxable real property in such redevelopment
32 project area by taxing districts and tax rates determined in
33 the manner provided in paragraph (c) of Section 11-74.4-9
34 shall be divided as follows:
-450- LRB9111045EGfg
1 (1) That portion of the taxes levied upon each
2 taxable lot, block, tract or parcel of real property
3 which is attributable to the lower of the current
4 equalized assessed value or "current equalized assessed
5 value as adjusted" or the initial equalized assessed
6 value of each such taxable lot, block, tract, or parcel
7 of real property existing at the time tax increment
8 financing was adopted, minus the total current homestead
9 exemptions provided by Sections 15-170 and 15-175 of the
10 Property Tax Code in the redevelopment project area shall
11 be allocated to and when collected shall be paid by the
12 county collector to the respective affected taxing
13 districts in the manner required by law in the absence of
14 the adoption of tax increment allocation financing.
15 (2) That portion, if any, of such taxes which is
16 attributable to the increase in the current equalized
17 assessed valuation of each taxable lot, block, tract, or
18 parcel of real property in the redevelopment project
19 area, over and above the initial equalized assessed value
20 of each property existing at the time tax increment
21 financing was adopted, minus the total current homestead
22 exemptions pertaining to each piece of property provided
23 by Sections 15-170 and 15-175 of the Property Tax Code in
24 the redevelopment project area, shall be allocated to and
25 when collected shall be paid to the municipal Treasurer,
26 who shall deposit said taxes into a special fund called
27 the special tax allocation fund of the municipality for
28 the purpose of paying redevelopment project costs and
29 obligations incurred in the payment thereof.
30 The municipality may pledge in the ordinance the funds in
31 and to be deposited in the special tax allocation fund for
32 the payment of such costs and obligations. No part of the
33 current equalized assessed valuation of each property in the
34 redevelopment project area attributable to any increase above
-451- LRB9111045EGfg
1 the total initial equalized assessed value, or the total
2 initial equalized assessed value as adjusted, of such
3 properties shall be used in calculating the general State
4 school aid formula, provided for in Section 18-8 of the
5 School Code, until such time as all redevelopment project
6 costs have been paid as provided for in this Section.
7 Whenever a municipality issues bonds for the purpose of
8 financing redevelopment project costs, such municipality may
9 provide by ordinance for the appointment of a trustee, which
10 may be any trust company within the State, and for the
11 establishment of such funds or accounts to be maintained by
12 such trustee as the municipality shall deem necessary to
13 provide for the security and payment of the bonds. If such
14 municipality provides for the appointment of a trustee, such
15 trustee shall be considered the assignee of any payments
16 assigned by the municipality pursuant to such ordinance and
17 this Section. Any amounts paid to such trustee as assignee
18 shall be deposited in the funds or accounts established
19 pursuant to such trust agreement, and shall be held by such
20 trustee in trust for the benefit of the holders of the bonds,
21 and such holders shall have a lien on and a security interest
22 in such funds or accounts so long as the bonds remain
23 outstanding and unpaid. Upon retirement of the bonds, the
24 trustee shall pay over any excess amounts held to the
25 municipality for deposit in the special tax allocation fund.
26 When such redevelopment projects costs, including without
27 limitation all municipal obligations financing redevelopment
28 project costs incurred under this Division, have been paid,
29 all surplus funds then remaining in the special tax
30 allocation fund shall be distributed by being paid by the
31 municipal treasurer to the Department of Revenue, the
32 municipality and the county collector; first to the
33 Department of Revenue and the municipality in direct
34 proportion to the tax incremental revenue received from the
-452- LRB9111045EGfg
1 State and the municipality, but not to exceed the total
2 incremental revenue received from the State or the
3 municipality less any annual surplus distribution of
4 incremental revenue previously made; with any remaining funds
5 to be paid to the County Collector who shall immediately
6 thereafter pay said funds to the taxing districts in the
7 redevelopment project area in the same manner and proportion
8 as the most recent distribution by the county collector to
9 the affected districts of real property taxes from real
10 property in the redevelopment project area.
11 Upon the payment of all redevelopment project costs,
12 retirement of obligations and the distribution of any excess
13 monies pursuant to this Section, the municipality shall adopt
14 an ordinance dissolving the special tax allocation fund for
15 the redevelopment project area and terminating the
16 designation of the redevelopment project area as a
17 redevelopment project area. Municipalities shall notify
18 affected taxing districts prior to November 1 if the
19 redevelopment project area is to be terminated by December 31
20 of that same year. If a municipality extends estimated dates
21 of completion of a redevelopment project and retirement of
22 obligations to finance a redevelopment project, as allowed by
23 this amendatory Act of 1993, that extension shall not extend
24 the property tax increment allocation financing authorized by
25 this Section. Thereafter the rates of the taxing districts
26 shall be extended and taxes levied, collected and distributed
27 in the manner applicable in the absence of the adoption of
28 tax increment allocation financing.
29 Nothing in this Section shall be construed as relieving
30 property in such redevelopment project areas from being
31 assessed as provided in the Property Tax Code or as relieving
32 owners of such property from paying a uniform rate of taxes,
33 as required by Section 4 of Article 9 of the Illinois
34 Constitution.
-453- LRB9111045EGfg
1 (Source: P.A. 90-258, eff. 7-30-97; 91-190, eff. 7-20-99;
2 91-478, eff. 11-1-99; revised 10-13-99.)
3 Section 46. The Metropolitan Pier and Exposition
4 Authority Act is amended by changing Section 23.1 as follows:
5 (70 ILCS 210/23.1) (from Ch. 85, par. 1243.1)
6 Sec. 23.1. (a) The Authority shall, within 90 days
7 after the effective date of this amendatory Act of 1984,
8 establish and maintain an affirmative action program designed
9 to promote equal employment opportunity and eliminate the
10 effects of past discrimination. Such program shall include a
11 plan, including timetables where appropriate, which shall
12 specify goals and methods for increasing participation by
13 women and minorities in employment by the Authority and by
14 parties which contract with the Authority. The Authority
15 shall submit a detailed plan with the General Assembly prior
16 to September 1 of each year. Such program shall also
17 establish procedures and sanctions (including debarment),
18 which the Authority shall enforce to ensure compliance with
19 the plan established pursuant to this Section and with State
20 and federal laws and regulations relating to the employment
21 of women and minorities. A determination by the Authority as
22 to whether a party to a contract with the Authority has
23 achieved the goals or employed the methods for increasing
24 participation by women and minorities shall be determined in
25 accordance with the terms of such contracts or the applicable
26 provisions of rules and regulations of the Authority existing
27 at the time such contract was executed, including any
28 provisions for consideration of good faith efforts at
29 compliance which the Authority may reasonably adopt.
30 (b) The Authority shall adopt and maintain minority and
31 female owned business enterprise procurement programs under
32 the affirmative action program described in subsection (a)
-454- LRB9111045EGfg
1 for any and all work undertaken by the Authority. That work
2 shall include, but is not limited to, the purchase of
3 professional services, construction services, supplies,
4 materials, and equipment. The programs shall establish goals
5 of awarding not less than 25% of the annual dollar value of
6 all contracts, purchase orders, or other agreements
7 (collectively referred to as "contracts") to minority owned
8 businesses and 5% of the annual dollar value of all contracts
9 to female owned businesses. Without limiting the generality
10 of the foregoing, the programs shall require in connection
11 with the prequalification or consideration of vendors for
12 professional service contracts, construction contracts, and
13 contracts for supplies, materials, equipment, and services
14 that each proposer or bidder submit as part of his or her
15 proposal or bid a commitment detailing how he or she will
16 expend 25% or more of the dollar value of his or her
17 contracts with one or more minority owned businesses and 5%
18 or more of the dollar value with one or more female owned
19 businesses. Bids or proposals that do not include such
20 detailed commitments are not responsive and shall be rejected
21 unless the Authority deems it appropriate to grant a waiver
22 of these requirements. In addition the Authority may, in
23 connection with the selection of providers of professional
24 services, reserve the right to select a minority or female
25 owned business or businesses to fulfill the commitment to
26 minority and female business participation. The commitment
27 to minority and female business participation may be met by
28 the contractor or professional service provider's status as a
29 minority or female owned business, by joint venture or by
30 subcontracting a portion of the work with or purchasing
31 materials for the work from one or more such businesses, or
32 by any combination thereof. Each contract shall require the
33 contractor or provider to submit a certified monthly report
34 detailing the status of that contractor or provider's
-455- LRB9111045EGfg
1 compliance with the Authority's minority and female owned
2 business enterprise procurement program. The Authority,
3 after reviewing the monthly reports of the contractors and
4 providers, shall compile a comprehensive report regarding
5 compliance with this procurement program and file it
6 quarterly with the General Assembly. If, in connection with
7 a particular contract, the Authority determines that it is
8 impracticable or excessively costly to obtain minority or
9 female owned businesses to perform sufficient work to fulfill
10 the commitment required by this subsection, the Authority
11 shall reduce or waive the commitment in the contract, as may
12 be appropriate. The Authority shall establish rules and
13 regulations setting forth the standards to be used in
14 determining whether or not a reduction or waiver is
15 appropriate. The terms "minority owned business" and "female
16 owned business" have the meanings given to those terms in the
17 Minority and Female Business Enterprise for Minorities,
18 Females, and Persons with Disabilities Act.
19 (c) The Authority shall adopt and maintain an
20 affirmative action program in connection with the hiring of
21 minorities and women on the Expansion Project and on any and
22 all construction projects undertaken by the Authority. The
23 program shall be designed to promote equal employment
24 opportunity and shall specify the goals and methods for
25 increasing the participation of minorities and women in a
26 representative mix of job classifications required to perform
27 the respective contracts awarded by the Authority.
28 (d) In connection with the Expansion Project, the
29 Authority shall incorporate the following elements into its
30 minority and female owned business procurement programs to
31 the extent feasible: (1) a major contractors program that
32 permits minority owned businesses and female owned businesses
33 to bear significant responsibility and risk for a portion of
34 the project; (2) a mentor/protege program that provides
-456- LRB9111045EGfg
1 financial, technical, managerial, equipment, and personnel
2 support to minority owned businesses and female owned
3 businesses; (3) an emerging firms program that includes
4 minority owned businesses and female owned businesses that
5 would not otherwise qualify for the project due to
6 inexperience or limited resources; (4) a small projects
7 program that includes participation by smaller minority owned
8 businesses and female owned businesses on jobs where the
9 total dollar value is $5,000,000 or less; and (5) a set-aside
10 program that will identify contracts requiring the
11 expenditure of funds less than $50,000 for bids to be
12 submitted solely by minority owned businesses and female
13 owned businesses.
14 (e) The Authority is authorized to enter into agreements
15 with contractors' associations, labor unions, and the
16 contractors working on the Expansion Project to establish an
17 Apprenticeship Preparedness Training Program to provide for
18 an increase in the number of minority and female journeymen
19 and apprentices in the building trades and to enter into
20 agreements with Community College District 508 to provide
21 readiness training. The Authority is further authorized to
22 enter into contracts with public and private educational
23 institutions and persons in the hospitality industry to
24 provide training for employment in the hospitality industry.
25 (f) McCormick Place Advisory Board. There is created a
26 McCormick Place Advisory Board composed as follows: 7 members
27 shall be named by the Authority who are residents of the area
28 surrounding the McCormick Place Expansion Project and are
29 either minorities, as defined in this subsection, or women; 7
30 members shall be State Senators named by the President of the
31 Senate who are residents of the City of Chicago and are
32 either members of minority groups or women; and 7 members
33 shall be State Representatives named by the Speaker of the
34 House who are residents of the City of Chicago and are either
-457- LRB9111045EGfg
1 members of minority groups or women. A State Senator or
2 State Representative member may appoint a designee to serve
3 on the McCormick Place Advisory Board in his or her absence.
4 A "member of a minority group" shall mean a person who is
5 a citizen or lawful permanent resident of the United States
6 and who is
7 (1) Black (a person having origins in any of the
8 black racial groups in Africa);
9 (2) Hispanic (a person of Spanish or Portuguese
10 culture with origins in Mexico, South or Central America,
11 or the Caribbean Islands, regardless of race);
12 (3) Asian American (a person having origins in any
13 of the original peoples of the Far East, Southeast Asia,
14 the Indian Subcontinent, or the Pacific Islands); or
15 (4) American Indian or Alaskan Native (a person
16 having origins in any of the original peoples of North
17 America).
18 Members of the McCormick Place Advisory Board shall serve
19 2-year terms and until their successors are appointed, except
20 members who serve as a result of their elected position whose
21 terms shall continue as long as they hold their designated
22 elected positions. Vacancies shall be filled by appointment
23 for the unexpired term in the same manner as original
24 appointments are made. The McCormick Place Advisory Board
25 shall elect its own chairperson.
26 Members of the McCormick Place Advisory Board shall serve
27 without compensation but, at the Authority's discretion,
28 shall be reimbursed for necessary expenses in connection with
29 the performance of their duties.
30 The McCormick Place Advisory Board shall meet quarterly,
31 or as needed, shall produce any reports it deems necessary,
32 and shall:
33 (1) Work with the Authority on ways to improve the
34 area physically and economically;
-458- LRB9111045EGfg
1 (2) Work with the Authority regarding potential
2 means for providing increased economic opportunities to
3 minorities and women produced indirectly or directly from
4 the construction and operation of the Expansion Project;
5 (3) Work with the Authority to minimize any
6 potential impact on the area surrounding the McCormick
7 Place Expansion Project, including any impact on minority
8 or female owned businesses, resulting from the
9 construction and operation of the Expansion Project;
10 (4) Work with the Authority to find candidates for
11 building trades apprenticeships, for employment in the
12 hospitality industry, and to identify job training
13 programs;
14 (5) Work with the Authority to implement the
15 provisions of subsections (a) through (e) of this Section
16 in the construction of the Expansion Project, including
17 the Authority's goal of awarding not less than 25% and 5%
18 of the annual dollar value of contracts to minority and
19 female owned businesses, the outreach program for
20 minorities and women, and the mentor/protege program for
21 providing assistance to minority and female owned
22 businesses.
23 (Source: P.A. 91-422, eff. 1-1-00; revised 8-23-99.)
24 Section 47. The Illinois Sports Facilities Authority Act
25 is amended by changing Section 9 as follows:
26 (70 ILCS 3205/9) (from Ch. 85, par. 6009)
27 Sec. 9. Duties. In addition to the powers set forth
28 elsewhere in this Act, subject to the terms of any agreements
29 with the holders of the Authority's bonds or notes, the
30 Authority shall:
31 (1) Comply with all zoning, building, and land use
32 controls of the municipality within which it owns any
-459- LRB9111045EGfg
1 stadium facility.;
2 (2) Enter into a management agreement with a tenant
3 to operate the facility for a period at least as long as
4 the term of any bonds issued to finance construction of
5 the facility. Such agreement shall contain appropriate
6 and reasonable provisions with respect to termination,
7 default and legal remedies.;
8 (3) Create and maintain a financial reserve for
9 repair and replacement of capital assets and deposit into
10 this reserve not less than $1,000,000 per year beginning
11 at such time as the Authority and the tenant shall
12 agree.;
13 (4) Acquire a site or sites for a facility
14 reasonably accessible to the interested public and
15 capable of providing adequate spaces for automobile
16 parking.;
17 (5) In connection with prequalification of general
18 contractors for construction of the new stadium facility,
19 the Authority shall require submission of a commitment
20 detailing how the general contractor will expend 25% or
21 more of the dollar value of the general contract with one
22 or more minority business enterprises and 5% or more of
23 the dollar value with one or more female business
24 enterprises. This commitment may be met by contractor's
25 status as a minority business enterprise or female
26 business enterprise, by a joint venture or by
27 subcontracting a portion of the work with or by
28 purchasing materials for the work from one or more such
29 enterprises, or by any combination thereof. Any contract
30 with the general contractor for construction of the new
31 stadium facility shall require the general contractor to
32 meet the foregoing obligations and shall require monthly
33 reporting to the Authority with respect to the status of
34 the implementation of the contractor's affirmative action
-460- LRB9111045EGfg
1 plan and compliance with that plan. This report shall be
2 filed with the General Assembly. The Authority shall
3 establish and maintain an affirmative action program
4 designed to promote equal employment opportunity which
5 specifies the goals and methods for increasing
6 participation by minorities and women in a representative
7 mix of job classifications required to perform the
8 respective contracts. The Authority shall file a report
9 before March 1 of each year with the General Assembly
10 detailing its implementation of this paragraph. The
11 terms "minority business enterprise" and "female business
12 enterprise" shall have the same meanings as "minority
13 owned business" and "female owned business",
14 respectively, as defined provided in the Minority and
15 Female Business Enterprise for Minorities, Females, and
16 Persons with Disabilities Act.;
17 (6) Provide for the construction of any facility
18 pursuant to one or more contracts which require delivery
19 of a completed facility at a fixed maximum price to be
20 insured or guaranteed by a third party determined by the
21 Authority to be financially capable of causing completion
22 of construction of such a facility.
23 (Source: P.A. 85-1034; revised 8-23-99.)
24 Section 48. The Regional Transportation Authority Act is
25 amended by changing Section 4.09 as follows:
26 (70 ILCS 3615/4.09) (from Ch. 111 2/3, par. 704.09)
27 Sec. 4.09. Public Transportation Fund and the Regional
28 Transportation Authority Occupation and Use Tax Replacement
29 Fund.
30 (a) As soon as possible after the first day of each
31 month, beginning November 1, 1983, the Comptroller shall
32 order transferred and the Treasurer shall transfer from the
-461- LRB9111045EGfg
1 General Revenue Fund to a special fund in the State Treasury,
2 to be known as the "Public Transportation Fund" $9,375,000
3 for each month remaining in State fiscal year 1984. As soon
4 as possible after the first day of each month, beginning July
5 1, 1984, upon certification of the Department of Revenue, the
6 Comptroller shall order transferred and the Treasurer shall
7 transfer from the General Revenue Fund to the Public
8 Transportation Fund an amount equal to 25% of the net
9 revenue, before the deduction of the serviceman and retailer
10 discounts pursuant to Section 9 of the Service Occupation Tax
11 Act and Section 3 of the Retailers' Occupation Tax Act,
12 realized from any tax imposed by the Authority pursuant to
13 Sections 4.03 and 4.03.1 and 25% of the amounts deposited
14 into the Regional Transportation Authority tax fund created
15 by Section 4.03 of this Act, from the County and Mass Transit
16 District Fund as provided in Section 6z-20 of the State
17 Finance Act and 25% of the amounts deposited into the
18 Regional Transportation Authority Occupation and Use Tax
19 Replacement Fund from the State and Local Sales Tax Reform
20 Fund as provided in Section 6z-17 of the State Finance Act.
21 Net revenue realized for a month shall be the revenue
22 collected by the State pursuant to Sections 4.03 and 4.03.1
23 during the previous month from within the metropolitan
24 region, less the amount paid out during that same month as
25 refunds to taxpayers for overpayment of liability in the
26 metropolitan region under Sections 4.03 and 4.03.1.
27 (b) (1) All moneys deposited in the Public
28 Transportation Fund and the Regional Transportation
29 Authority Occupation and Use Tax Replacement Fund,
30 whether deposited pursuant to this Section or otherwise,
31 are allocated to the Authority. Pursuant to
32 appropriation, the Comptroller, as soon as possible after
33 each monthly transfer provided in this Section and after
34 each deposit into the Public Transportation Fund, shall
-462- LRB9111045EGfg
1 order the Treasurer to pay to the Authority out of the
2 Public Transportation Fund the amount so transferred or
3 deposited. Such amounts paid to the Authority may be
4 expended by it for its purposes as provided in this Act.
5 Subject to appropriation to the Department of
6 Revenue, the Comptroller, as soon as possible after each
7 deposit into the Regional Transportation Authority
8 Occupation and Use Tax Replacement Fund provided in this
9 Section and Section 6z-17 of the State Finance Act, shall
10 order the Treasurer to pay to the Authority out of the
11 Regional Transportation Authority Occupation and Use Tax
12 Replacement Fund the amount so deposited. Such amounts
13 paid to the Authority may be expended by it for its
14 purposes as provided in this Act.
15 (2) Provided, however, no moneys deposited under
16 subsection (a) of this Section shall be paid from the
17 Public Transportation Fund to the Authority or its
18 assignee for any fiscal year beginning after the
19 effective date of this amendatory Act of 1983 until the
20 Authority has certified to the Governor, the Comptroller,
21 and the Mayor of the City of Chicago that it has adopted
22 for that fiscal year a budget and financial plan meeting
23 the requirements in Section 4.01(b).
24 (c) In recognition of the efforts of the Authority to
25 enhance the mass transportation facilities under its control,
26 the State shall provide financial assistance ("Additional
27 State Assistance") in excess of the amounts transferred to
28 the Authority from the General Revenue Fund under subsection
29 (a) of this Section. Additional State Assistance shall be
30 calculated as provided in subsection (d), but shall in no
31 event exceed the following specified amounts with respect to
32 the following State fiscal years:
33 1990 $5,000,000;
34 1991 $5,000,000;
-463- LRB9111045EGfg
1 1992 $10,000,000;
2 1993 $10,000,000;
3 1994 $20,000,000;
4 1995 $30,000,000;
5 1996 $40,000,000;
6 1997 $50,000,000;
7 1998 $55,000,000; and
8 each year thereafter $55,000,000.
9 (c-5) The State shall provide financial assistance
10 ("Additional Financial Assistance") in addition to the
11 Additional State Assistance provided by subsection (c) and
12 the amounts transferred to the Authority from the General
13 Revenue Fund under subsection (a) of this Section.
14 Additional Financial Assistance provided by this subsection
15 shall be calculated as provided in subsection (d), but shall
16 in no event exceed the following specified amounts with
17 respect to the following State fiscal years:
18 2000 $0;
19 2001 $16,000,000;
20 2002 $35,000,000;
21 2003 $54,000,000;
22 2004 $73,000,000;
23 2005 $93,000,000; and
24 each year thereafter $100,000,000.
25 (d) Beginning with State fiscal year 1990 and continuing
26 for each State fiscal year thereafter, the Authority shall
27 annually certify to the State Comptroller and State
28 Treasurer, separately with respect to each of subdivisions
29 (g)(2) and (g)(3) of Section 4.04 of this Act, the following
30 amounts:
31 (1) The amount necessary and required, during the
32 State fiscal year with respect to which the certification
33 is made, to pay its obligations for debt service on all
34 outstanding bonds or notes issued by the Authority under
-464- LRB9111045EGfg
1 subdivisions (g)(2) and (g)(3) of Section 4.04 of this
2 Act.
3 (2) An estimate of the amount necessary and
4 required to pay its obligations for debt service for any
5 bonds or notes which the Authority anticipates it will
6 issue under subdivisions (g)(2) and (g)(3) of Section
7 4.04 during that State fiscal year.
8 (3) Its debt service savings during the preceding
9 State fiscal year from refunding or advance refunding of
10 bonds or notes issued under subdivisions (g)(2) and
11 (g)(3) of Section 4.04.
12 (4) The amount of interest, if any, earned by the
13 Authority during the previous State fiscal year on the
14 proceeds of bonds or notes issued pursuant to
15 subdivisions (g)(2) and (g)(3) of Section 4.04, other
16 than refunding or advance refunding bonds or notes.
17 The certification shall include a specific schedule of
18 debt service payments, including the date and amount of each
19 payment for all outstanding bonds or notes and an estimated
20 schedule of anticipated debt service for all bonds and notes
21 it intends to issue, if any, during that State fiscal year,
22 including the estimated date and estimated amount of each
23 payment.
24 Immediately upon the issuance of bonds for which an
25 estimated schedule of debt service payments was prepared, the
26 Authority shall file an amended certification with respect to
27 item (2) above, to specify the actual schedule of debt
28 service payments, including the date and amount of each
29 payment, for the remainder of the State fiscal year.
30 On the first day of each month of the State fiscal year
31 in which there are bonds outstanding with respect to which
32 the certification is made, the State Comptroller shall order
33 transferred and the State Treasurer shall transfer from the
34 General Revenue Fund to the Public Transportation Fund the
-465- LRB9111045EGfg
1 Additional State Assistance and Additional Financial
2 Assistance in an amount equal to the aggregate of (i)
3 one-twelfth of the sum of the amounts certified under items
4 (1) and (3) above less the amount certified under item (4)
5 above, plus (ii) the amount required to pay debt service on
6 bonds and notes issued during the fiscal year, if any,
7 divided by the number of months remaining in the fiscal year
8 after the date of issuance, or some smaller portion as may be
9 necessary under subsection (c) or (c-5) of this Section for
10 the relevant State fiscal year, plus (iii) any cumulative
11 deficiencies in transfers for prior months, until an amount
12 equal to the sum of the amounts certified under items (1) and
13 (3) above, plus the actual debt service certified under item
14 (2) above, less the amount certified under item (4) above,
15 has been transferred; except that these transfers are subject
16 to the following limits:
17 (A) In no event shall the total transfers in any
18 State fiscal year relating to outstanding bonds and notes
19 issued by the Authority under subdivision (g)(2) of
20 Section 4.04 exceed the lesser of the annual maximum
21 amount specified in subsection (c) or the sum of the
22 amounts certified under items (1) and (3) above, plus the
23 actual debt service certified under item (2) above, less
24 the amount certified under item (4) above, with respect
25 to those bonds and notes.
26 (B) In no event shall the total transfers in any
27 State fiscal year relating to outstanding bonds and notes
28 issued by the Authority under subdivision (g)(3) of
29 Section 4.04 exceed the lesser of the annual maximum
30 amount specified in subsection (c-5) or the sum of the
31 amounts certified under items (1) and (3) above, plus the
32 actual debt service certified under item (2) above, less
33 the amount certified under item (4) above, with respect
34 to those bonds and notes.
-466- LRB9111045EGfg
1 The term "outstanding" does not include bonds or notes
2 for which refunding or advance refunding bonds or notes have
3 been issued.
4 (e) Neither Additional State Assistance nor Additional
5 Financial Assistance may be pledged, either directly or
6 indirectly as general revenues of the Authority, as security
7 for any bonds issued by the Authority. The Authority may not
8 assign its right to receive Additional State Assistance or
9 Additional Financial Assistance, or direct payment of
10 Additional State Assistance or Additional Financial
11 Assistance, to a trustee or any other entity for the payment
12 of debt service on its bonds.
13 (f) The certification required under subsection (d) with
14 respect to outstanding bonds and notes of the Authority shall
15 be filed as early as practicable before the beginning of the
16 State fiscal year to which it relates. The certification
17 shall be revised as may be necessary to accurately state the
18 debt service requirements of the Authority.
19 (g) Within 6 months of the end of the 3 month period
20 ending December 31, 1983, and each fiscal year thereafter,
21 the Authority shall determine whether the aggregate of all
22 system generated revenues for public transportation in the
23 metropolitan region which is provided by, or under grant or
24 purchase of service contracts with, the Service Boards equals
25 50% of the aggregate of all costs of providing such public
26 transportation. "System generated revenues" include all the
27 proceeds of fares and charges for services provided,
28 contributions received in connection with public
29 transportation from units of local government other than the
30 Authority and from the State pursuant to subsection (i) of
31 Section 2705-305 of the Department of Transportation Law (20
32 ILCS 2705/2705-305), and all other revenues properly included
33 consistent with generally accepted accounting principles but
34 may not include the proceeds from any borrowing. "Costs"
-467- LRB9111045EGfg
1 include all items properly included as operating costs
2 consistent with generally accepted accounting principles,
3 including administrative costs, but do not include:
4 depreciation; payment of principal and interest on bonds,
5 notes or other evidences of obligations for borrowed money of
6 the Authority; payments with respect to public transportation
7 facilities made pursuant to subsection (b) of Section 2.20;
8 any payments with respect to rate protection contracts,
9 credit enhancements or liquidity agreements made under
10 Section 4.14; any other cost as to which it is reasonably
11 expected that a cash expenditure will not be made; costs up
12 to $5,000,000 annually for passenger security including
13 grants, contracts, personnel, equipment and administrative
14 expenses, except in the case of the Chicago Transit
15 Authority, in which case the term does not include costs
16 spent annually by that entity for protection against crime as
17 required by Section 27a of the Metropolitan Transit Authority
18 Act; or costs as exempted by the Board for projects pursuant
19 to Section 2.09 of this Act. If said system generated
20 revenues are less than 50% of said costs, the Board shall
21 remit an amount equal to the amount of the deficit to the
22 State. The Treasurer shall deposit any such payment in the
23 General Revenue Fund.
24 (h) If the Authority makes any payment to the State
25 under paragraph (g), the Authority shall reduce the amount
26 provided to a Service Board from funds transferred under
27 paragraph (a) in proportion to the amount by which that
28 Service Board failed to meet its required system generated
29 revenues recovery ratio. A Service Board which is affected by
30 a reduction in funds under this paragraph shall submit to the
31 Authority concurrently with its next due quarterly report a
32 revised budget incorporating the reduction in funds. The
33 revised budget must meet the criteria specified in clauses
34 (i) through (vi) of Section 4.11(b)(2). The Board shall
-468- LRB9111045EGfg
1 review and act on the revised budget as provided in Section
2 4.11(b)(3).
3 (Source: P.A. 91-37, eff. 7-1-99; 91-51, eff. 6-30-99;
4 91-239, eff. 1-1-00; 91-357, eff. 7-29-99; revised 8-9-99.)
5 Section 105. The School Code is amended by setting forth
6 and renumbering multiple versions of Sections 2-3.126,
7 10-20.31, and 34-18.18 and changing Sections 14-8.05,
8 18-8.05, 21-2, 27A-4, 27A-9, 27A-11.5, and 34-8.3 as follows:
9 (105 ILCS 5/2-3.126)
10 (Section scheduled to be repealed on July 16, 2003)
11 Sec. 2-3.126. State Board of Education Fund. The State
12 Board of Education Fund is created as a special fund in the
13 State treasury. Unless specifically directed to be deposited
14 into any other funds or into the General Revenue Fund, all
15 moneys received by the State Board of Education in connection
16 with any fees, registration amounts, or other moneys
17 collected by the State Board of Education for various
18 purposes shall be deposited into this Fund. Moneys in this
19 Fund shall be used, subject to appropriation by the General
20 Assembly, by the State Board of Education for expenses
21 incurred in administering programs, initiatives, and
22 activities implemented or supported by the State Board of
23 Education as authorized by statute or rule. The State Board
24 of Education may expend moneys in this Fund in such amounts
25 and at such times as it deems necessary or desirable,
26 including for payment of administrative costs, staff
27 services, and costs for other lawful purposes. Moneys in
28 this Fund shall be used together with and supplemental to
29 regular appropriations to the State Board of Education for
30 any purpose, and nothing in this Section shall be construed
31 to prohibit appropriations from the General Revenue Fund for
32 expenses incurred in the administration of programs,
-469- LRB9111045EGfg
1 initiatives, or activities implemented or supported by the
2 State Board of Education. This Section is repealed 4 years
3 after the effective date of this amendatory Act of the 91st
4 General Assembly.
5 (Source: P.A. 91-143, eff. 7-16-99.)
6 (105 ILCS 5/2-3.128)
7 Sec. 2-3.128. 2-3.126. Job training program; prohibition.
8 The State Board of Education shall not require a school
9 district or a student of any district to participate in any
10 school-to-work or job training program.
11 (Source: P.A. 91-175, eff. 1-1-00; revised 11-8-99.)
12 (105 ILCS 5/2-3.129)
13 Sec. 2-3.129. 2-3.126. School safety assessment audit.
14 The State Board of Education shall, in cooperation with the
15 Task Force on School Safety and utilizing any of its manuals
16 or resource guides, develop uniform criteria to be
17 implemented in school safety plans. Using these criteria,
18 the State Board of Education shall develop a school safety
19 assessment audit, which shall be distributed to all public
20 schools.
21 (Source: P.A. 91-491, eff. 8-13-99; revised 11-8-99.)
22 (105 ILCS 5/2-3.130)
23 Sec. 2-3.130. 2-3.126. Time out and physical restraint
24 rules. The State Board of Education shall promulgate rules
25 governing the use of time out and physical restraint in the
26 public schools. The rules shall include provisions governing
27 recordkeeping that is required when physical restraint or
28 more restrictive forms of time out are used.
29 (Source: P.A. 91-600, eff. 8-14-99; revised 11-8-99.)
30 (105 ILCS 5/10-20.31)
-470- LRB9111045EGfg
1 Sec. 10-20.31. Occupational standards. A school board
2 shall not require a student to meet occupational standards
3 for grade level promotion or graduation unless that student
4 is voluntarily enrolled in a job training program.
5 (Source: P.A. 91-175, eff. 1-1-00.)
6 (105 ILCS 5/10-20.32)
7 Sec. 10-20.32. 10-20.31. School safety assessment audit;
8 safety plan. The school board shall require schools, subject
9 to the award of a grant by the State Board of Education, to
10 complete a school safety assessment audit, as developed by
11 the State Board of Education pursuant to Section 2-3.129,
12 2-3.126, and to develop a written safety plan or revise their
13 current safety plan to implement the criteria developed by
14 the State Board of Education, in cooperation with the Task
15 Force on School Safety, as specified in the school safety
16 assessment audit. The plan shall be subject to approval by
17 the school board. Once approved, the school shall file the
18 plan with the State Board of Education and the regional
19 superintendent of schools. The State Board of Education shall
20 provide, subject to appropriation, grants for the purposes of
21 this Section.
22 (Source: P.A. 91-491, eff. 8-13-99; revised 11-8-99.)
23 (105 ILCS 5/10-20.33)
24 Sec. 10-20.33. 10-20.31. Time out and physical restraint.
25 Until rules are adopted under Section 2-3.130 2-3.126 of this
26 Code, the use of any of the following rooms or enclosures for
27 time out purposes is prohibited:
28 (1) a locked room other than one with a locking
29 mechanism that engages only when a key or handle is being
30 held by a person;
31 (2) a confining space such as a closet or box;
32 (3) a room where the student cannot be continually
-471- LRB9111045EGfg
1 observed; or
2 (4) any other room or enclosure or time out
3 procedure that is contrary to current guidelines of the
4 State Board of Education.
5 The use of physical restraints is prohibited except when
6 (i) the student poses a physical risk to himself, herself, or
7 others, (ii) there is no medical contraindication to its use,
8 and (iii) the staff applying the restraint have been trained
9 in its safe application. For the purposes of this Section,
10 "restraint" does not include momentary periods of physical
11 restriction by direct person-to-person contact, without the
12 aid of material or mechanical devices, accomplished with
13 limited force and that are designed (i) to prevent a student
14 from completing an act that would result in potential
15 physical harm to himself, herself, or another or damage to
16 property or (ii) to remove a disruptive student who is
17 unwilling to voluntarily leave the area. The use of physical
18 restraints that meet the requirements of this Section may be
19 included in a student's individualized education plan where
20 deemed appropriate by the student's individualized education
21 plan team. Whenever physical restraints are used, school
22 personnel shall fully document the incident, including the
23 events leading up to the incident, the type of restraint
24 used, the length of time the student is restrained, and the
25 staff involved. The parents or guardian of a student shall
26 be informed whenever physical restraints are used.
27 (Source: P.A. 91-600, eff. 8-14-99; revised 11-8-99.)
28 (105 ILCS 5/14-8.05) (from Ch. 122, par. 14-8.05)
29 Sec. 14-8.05. Behavioral intervention.
30 (a) The General Assembly finds and declares that
31 principals and teachers of students with disabilities require
32 training and guidance that provide ways for working
33 successfully with children who have difficulties conforming
-472- LRB9111045EGfg
1 to acceptable behavioral patterns in order to provide an
2 environment in which learning can occur. It is the intent of
3 the General Assembly:
4 (1) That when behavioral interventions are used,
5 they be used in consideration of the pupil's physical
6 freedom and social interaction, and be administered in a
7 manner that respects human dignity and personal privacy
8 and that ensures a pupil's right to placement in the
9 least restrictive educational environment.
10 (2) That behavioral management plans be developed
11 and used, to the extent possible, in a consistent manner
12 when a local educational agency has placed the pupil in a
13 day or residential setting for education purposes.
14 (3) That a statewide study be conducted of the use
15 of behavioral interventions with students with
16 disabilities receiving special education and related
17 services.
18 (4) That training programs be developed and
19 implemented in institutions of higher education that
20 train teachers, and that in-service training programs be
21 made available as necessary in school districts, in
22 educational service centers, and by regional
23 superintendents of schools to assure that adequately
24 trained staff are available to work effectively with the
25 behavioral intervention needs of students with
26 disabilities.
27 (b) On or before September 30, 1993, the State
28 Superintendent of Education shall conduct a statewide study
29 of the use of behavioral interventions with students with
30 disabilities receiving special education and related
31 services. The study shall include, but not necessarily be
32 limited to identification of the frequency in the use of
33 behavioral interventions; the number of districts with
34 policies in place for working with children exhibiting
-473- LRB9111045EGfg
1 continuous serious behavioral problems; how policies, rules,
2 or regulations within districts differ between emergency and
3 routine behavioral interventions commonly practiced; the
4 nature and extent of costs for training provided to personnel
5 for implementing a program of nonaversive behavioral
6 interventions; and the nature and extent of costs for
7 training provided to parents of students with disabilities
8 who would be receiving behavioral interventions. The scope
9 of the study shall be developed by the State Board of
10 Education, in consultation with individuals and groups
11 representing parents, teachers, administrators, and
12 advocates. On or before June 30, 1994, the State Board of
13 Education shall issue guidelines based on the study's
14 findings. The guidelines shall address, but not be limited
15 to, the following: (i) appropriate behavioral interventions,
16 and (ii) how to properly document the need for and use of
17 behavioral interventions in the process of developing
18 individualized education plans for students with
19 disabilities. The guidelines shall be used as a reference to
20 assist school boards in developing local policies and
21 procedures in accordance with this Section. The State Board
22 of Education, with the advice of parents of students with
23 disabilities and other parents, teachers, administrators,
24 advocates for persons with disabilities, and individuals with
25 knowledge or expertise in the development and implementation
26 of behavioral interventions for persons with disabilities,
27 shall review its behavioral intervention guidelines at least
28 once every 3 years to determine their continuing
29 appropriateness and effectiveness and shall make such
30 modifications in the guidelines as it deems necessary.
31 (c) Each school board must establish and maintain a
32 committee to develop policies and procedures on the use of
33 behavioral interventions for students with disabilities who
34 require behavioral intervention. The policies and procedures
-474- LRB9111045EGfg
1 shall be adopted and implemented by school boards by January
2 1, 1996, shall be amended as necessary to comply with the
3 rules established by the State Board of Education under
4 Section 2-3.130 2-3.126 of this Code not later than one month
5 after commencement of the school year after the State Board
6 of Education's rules are adopted, and shall: (i) be developed
7 with the advice of parents with students with disabilities
8 and other parents, teachers, administrators, advocates for
9 persons with disabilities, and individuals with knowledge or
10 expertise in the development and implementation of behavioral
11 interventions for persons with disabilities; (ii) emphasize
12 positive interventions that are designed to develop and
13 strengthen desirable behaviors; (iii) incorporate procedures
14 and methods consistent with generally accepted practice in
15 the field of behavioral intervention; (iv) include criteria
16 for determining when a student with disabilities may require
17 a behavioral intervention plan; (v) reflect that the
18 guidelines of the State Board of Education have been reviewed
19 and considered and provide the address of the State Board of
20 Education so that copies of the State Board of Education
21 behavioral guidelines may be requested; and (vi) include
22 procedures for monitoring the use of restrictive behavioral
23 interventions. Each school board shall (i) furnish a copy of
24 its local policies and procedures to parents and guardians of
25 all students with individualized education plans within 15
26 days after the policies and procedures have been adopted by
27 the school board, or within 15 days after the school board
28 has amended its policies and procedures, or at the time an
29 individualized education plan is first implemented for the
30 student, and (ii) require that each school inform its
31 students of the existence of the policies and procedures
32 annually. Provided, at the annual individualized education
33 plan review, the school board shall (1) explain the local
34 policies and procedures, (2) furnish a copy of the local
-475- LRB9111045EGfg
1 policies to parents and guardians, and (3) make available,
2 upon request of any parents and guardians, a copy of local
3 procedures.
4 (d) The State Superintendent of Education shall consult
5 with representatives of institutions of higher education and
6 the State Teacher Certification Board in regard to the
7 current training requirements for teachers to ensure that
8 sufficient training is available in appropriate behavioral
9 interventions consistent with professionally accepted
10 practices and standards for people entering the field of
11 education.
12 (Source: P.A. 90-63, eff. 7-3-97; 91-600, eff. 8-14-99;
13 revised 11-8-99.)
14 (105 ILCS 5/18-8.05)
15 Sec. 18-8.05. Basis for apportionment of general State
16 financial aid and supplemental general State aid to the
17 common schools for the 1998-1999 and subsequent school years.
18 (A) General Provisions.
19 (1) The provisions of this Section apply to the
20 1998-1999 and subsequent school years. The system of general
21 State financial aid provided for in this Section is designed
22 to assure that, through a combination of State financial aid
23 and required local resources, the financial support provided
24 each pupil in Average Daily Attendance equals or exceeds a
25 prescribed per pupil Foundation Level. This formula approach
26 imputes a level of per pupil Available Local Resources and
27 provides for the basis to calculate a per pupil level of
28 general State financial aid that, when added to Available
29 Local Resources, equals or exceeds the Foundation Level. The
30 amount of per pupil general State financial aid for school
31 districts, in general, varies in inverse relation to
32 Available Local Resources. Per pupil amounts are based upon
33 each school district's Average Daily Attendance as that term
-476- LRB9111045EGfg
1 is defined in this Section.
2 (2) In addition to general State financial aid, school
3 districts with specified levels or concentrations of pupils
4 from low income households are eligible to receive
5 supplemental general State financial aid grants as provided
6 pursuant to subsection (H). The supplemental State aid grants
7 provided for school districts under subsection (H) shall be
8 appropriated for distribution to school districts as part of
9 the same line item in which the general State financial aid
10 of school districts is appropriated under this Section.
11 (3) To receive financial assistance under this Section,
12 school districts are required to file claims with the State
13 Board of Education, subject to the following requirements:
14 (a) Any school district which fails for any given
15 school year to maintain school as required by law, or to
16 maintain a recognized school is not eligible to file for
17 such school year any claim upon the Common School Fund.
18 In case of nonrecognition of one or more attendance
19 centers in a school district otherwise operating
20 recognized schools, the claim of the district shall be
21 reduced in the proportion which the Average Daily
22 Attendance in the attendance center or centers bear to
23 the Average Daily Attendance in the school district. A
24 "recognized school" means any public school which meets
25 the standards as established for recognition by the State
26 Board of Education. A school district or attendance
27 center not having recognition status at the end of a
28 school term is entitled to receive State aid payments due
29 upon a legal claim which was filed while it was
30 recognized.
31 (b) School district claims filed under this Section
32 are subject to Sections 18-9, 18-10, and 18-12, except as
33 otherwise provided in this Section.
34 (c) If a school district operates a full year
-477- LRB9111045EGfg
1 school under Section 10-19.1, the general State aid to
2 the school district shall be determined by the State
3 Board of Education in accordance with this Section as
4 near as may be applicable.
5 (d) (Blank).
6 (4) Except as provided in subsections (H) and (L), the
7 board of any district receiving any of the grants provided
8 for in this Section may apply those funds to any fund so
9 received for which that board is authorized to make
10 expenditures by law.
11 School districts are not required to exert a minimum
12 Operating Tax Rate in order to qualify for assistance under
13 this Section.
14 (5) As used in this Section the following terms, when
15 capitalized, shall have the meaning ascribed herein:
16 (a) "Average Daily Attendance": A count of pupil
17 attendance in school, averaged as provided for in
18 subsection (C) and utilized in deriving per pupil
19 financial support levels.
20 (b) "Available Local Resources": A computation of
21 local financial support, calculated on the basis of
22 Average Daily Attendance and derived as provided pursuant
23 to subsection (D).
24 (c) "Corporate Personal Property Replacement
25 Taxes": Funds paid to local school districts pursuant to
26 "An Act in relation to the abolition of ad valorem
27 personal property tax and the replacement of revenues
28 lost thereby, and amending and repealing certain Acts and
29 parts of Acts in connection therewith", certified August
30 14, 1979, as amended (Public Act 81-1st S.S.-1).
31 (d) "Foundation Level": A prescribed level of per
32 pupil financial support as provided for in subsection
33 (B).
34 (e) "Operating Tax Rate": All school district
-478- LRB9111045EGfg
1 property taxes extended for all purposes, except Bond and
2 Interest, Summer School, Rent, Capital Improvement, and
3 Vocational Education Building purposes.
4 (B) Foundation Level.
5 (1) The Foundation Level is a figure established by the
6 State representing the minimum level of per pupil financial
7 support that should be available to provide for the basic
8 education of each pupil in Average Daily Attendance. As set
9 forth in this Section, each school district is assumed to
10 exert a sufficient local taxing effort such that, in
11 combination with the aggregate of general State financial aid
12 provided the district, an aggregate of State and local
13 resources are available to meet the basic education needs of
14 pupils in the district.
15 (2) For the 1998-1999 school year, the Foundation Level
16 of support is $4,225. For the 1999-2000 school year, the
17 Foundation Level of support is $4,325. For the 2000-2001
18 school year, the Foundation Level of support is $4,425.
19 (3) For the 2001-2002 school year and each school year
20 thereafter, the Foundation Level of support is $4,425 or such
21 greater amount as may be established by law by the General
22 Assembly.
23 (C) Average Daily Attendance.
24 (1) For purposes of calculating general State aid
25 pursuant to subsection (E), an Average Daily Attendance
26 figure shall be utilized. The Average Daily Attendance
27 figure for formula calculation purposes shall be the monthly
28 average of the actual number of pupils in attendance of each
29 school district, as further averaged for the best 3 months of
30 pupil attendance for each school district. In compiling the
31 figures for the number of pupils in attendance, school
32 districts and the State Board of Education shall, for
33 purposes of general State aid funding, conform attendance
-479- LRB9111045EGfg
1 figures to the requirements of subsection (F).
2 (2) The Average Daily Attendance figures utilized in
3 subsection (E) shall be the requisite attendance data for the
4 school year immediately preceding the school year for which
5 general State aid is being calculated.
6 (D) Available Local Resources.
7 (1) For purposes of calculating general State aid
8 pursuant to subsection (E), a representation of Available
9 Local Resources per pupil, as that term is defined and
10 determined in this subsection, shall be utilized. Available
11 Local Resources per pupil shall include a calculated dollar
12 amount representing local school district revenues from local
13 property taxes and from Corporate Personal Property
14 Replacement Taxes, expressed on the basis of pupils in
15 Average Daily Attendance.
16 (2) In determining a school district's revenue from
17 local property taxes, the State Board of Education shall
18 utilize the equalized assessed valuation of all taxable
19 property of each school district as of September 30 of the
20 previous year. The equalized assessed valuation utilized
21 shall be obtained and determined as provided in subsection
22 (G).
23 (3) For school districts maintaining grades kindergarten
24 through 12, local property tax revenues per pupil shall be
25 calculated as the product of the applicable equalized
26 assessed valuation for the district multiplied by 3.00%, and
27 divided by the district's Average Daily Attendance figure.
28 For school districts maintaining grades kindergarten through
29 8, local property tax revenues per pupil shall be calculated
30 as the product of the applicable equalized assessed valuation
31 for the district multiplied by 2.30%, and divided by the
32 district's Average Daily Attendance figure. For school
33 districts maintaining grades 9 through 12, local property tax
34 revenues per pupil shall be the applicable equalized assessed
-480- LRB9111045EGfg
1 valuation of the district multiplied by 1.05%, and divided by
2 the district's Average Daily Attendance figure.
3 (4) The Corporate Personal Property Replacement Taxes
4 paid to each school district during the calendar year 2 years
5 before the calendar year in which a school year begins,
6 divided by the Average Daily Attendance figure for that
7 district, shall be added to the local property tax revenues
8 per pupil as derived by the application of the immediately
9 preceding paragraph (3). The sum of these per pupil figures
10 for each school district shall constitute Available Local
11 Resources as that term is utilized in subsection (E) in the
12 calculation of general State aid.
13 (E) Computation of General State Aid.
14 (1) For each school year, the amount of general State
15 aid allotted to a school district shall be computed by the
16 State Board of Education as provided in this subsection.
17 (2) For any school district for which Available Local
18 Resources per pupil is less than the product of 0.93 times
19 the Foundation Level, general State aid for that district
20 shall be calculated as an amount equal to the Foundation
21 Level minus Available Local Resources, multiplied by the
22 Average Daily Attendance of the school district.
23 (3) For any school district for which Available Local
24 Resources per pupil is equal to or greater than the product
25 of 0.93 times the Foundation Level and less than the product
26 of 1.75 times the Foundation Level, the general State aid per
27 pupil shall be a decimal proportion of the Foundation Level
28 derived using a linear algorithm. Under this linear
29 algorithm, the calculated general State aid per pupil shall
30 decline in direct linear fashion from 0.07 times the
31 Foundation Level for a school district with Available Local
32 Resources equal to the product of 0.93 times the Foundation
33 Level, to 0.05 times the Foundation Level for a school
34 district with Available Local Resources equal to the product
-481- LRB9111045EGfg
1 of 1.75 times the Foundation Level. The allocation of
2 general State aid for school districts subject to this
3 paragraph 3 shall be the calculated general State aid per
4 pupil figure multiplied by the Average Daily Attendance of
5 the school district.
6 (4) For any school district for which Available Local
7 Resources per pupil equals or exceeds the product of 1.75
8 times the Foundation Level, the general State aid for the
9 school district shall be calculated as the product of $218
10 multiplied by the Average Daily Attendance of the school
11 district.
12 (5) The amount of general State aid allocated to a
13 school district for the 1999-2000 school year meeting the
14 requirements set forth in paragraph (4) of subsection (G)
15 shall be increased by an amount equal to the general State
16 aid that would have been received by the district for the
17 1998-1999 school year by utilizing the Extension Limitation
18 Equalized Assessed Valuation as calculated in paragraph (4)
19 of subsection (G) less the general State aid allotted for the
20 1998-1999 school year. This amount shall be deemed a one
21 time increase, and shall not affect any future general State
22 aid allocations.
23 (F) Compilation of Average Daily Attendance.
24 (1) Each school district shall, by July 1 of each year,
25 submit to the State Board of Education, on forms prescribed
26 by the State Board of Education, attendance figures for the
27 school year that began in the preceding calendar year. The
28 attendance information so transmitted shall identify the
29 average daily attendance figures for each month of the school
30 year, except that any days of attendance in August shall be
31 added to the month of September and any days of attendance in
32 June shall be added to the month of May.
33 Except as otherwise provided in this Section, days of
34 attendance by pupils shall be counted only for sessions of
-482- LRB9111045EGfg
1 not less than 5 clock hours of school work per day under
2 direct supervision of: (i) teachers, or (ii) non-teaching
3 personnel or volunteer personnel when engaging in
4 non-teaching duties and supervising in those instances
5 specified in subsection (a) of Section 10-22.34 and paragraph
6 10 of Section 34-18, with pupils of legal school age and in
7 kindergarten and grades 1 through 12.
8 Days of attendance by tuition pupils shall be accredited
9 only to the districts that pay the tuition to a recognized
10 school.
11 (2) Days of attendance by pupils of less than 5 clock
12 hours of school shall be subject to the following provisions
13 in the compilation of Average Daily Attendance.
14 (a) Pupils regularly enrolled in a public school
15 for only a part of the school day may be counted on the
16 basis of 1/6 day for every class hour of instruction of
17 40 minutes or more attended pursuant to such enrollment.
18 (b) Days of attendance may be less than 5 clock
19 hours on the opening and closing of the school term, and
20 upon the first day of pupil attendance, if preceded by a
21 day or days utilized as an institute or teachers'
22 workshop.
23 (c) A session of 4 or more clock hours may be
24 counted as a day of attendance upon certification by the
25 regional superintendent, and approved by the State
26 Superintendent of Education to the extent that the
27 district has been forced to use daily multiple sessions.
28 (d) A session of 3 or more clock hours may be
29 counted as a day of attendance (1) when the remainder of
30 the school day or at least 2 hours in the evening of that
31 day is utilized for an in-service training program for
32 teachers, up to a maximum of 5 days per school year of
33 which a maximum of 4 days of such 5 days may be used for
34 parent-teacher conferences, provided a district conducts
-483- LRB9111045EGfg
1 an in-service training program for teachers which has
2 been approved by the State Superintendent of Education;
3 or, in lieu of 4 such days, 2 full days may be used, in
4 which event each such day may be counted as a day of
5 attendance; and (2) when days in addition to those
6 provided in item (1) are scheduled by a school pursuant
7 to its school improvement plan adopted under Article 34
8 or its revised or amended school improvement plan adopted
9 under Article 2, provided that (i) such sessions of 3 or
10 more clock hours are scheduled to occur at regular
11 intervals, (ii) the remainder of the school days in which
12 such sessions occur are utilized for in-service training
13 programs or other staff development activities for
14 teachers, and (iii) a sufficient number of minutes of
15 school work under the direct supervision of teachers are
16 added to the school days between such regularly scheduled
17 sessions to accumulate not less than the number of
18 minutes by which such sessions of 3 or more clock hours
19 fall short of 5 clock hours. Any full days used for the
20 purposes of this paragraph shall not be considered for
21 computing average daily attendance. Days scheduled for
22 in-service training programs, staff development
23 activities, or parent-teacher conferences may be
24 scheduled separately for different grade levels and
25 different attendance centers of the district.
26 (e) A session of not less than one clock hour of
27 teaching hospitalized or homebound pupils on-site or by
28 telephone to the classroom may be counted as 1/2 day of
29 attendance, however these pupils must receive 4 or more
30 clock hours of instruction to be counted for a full day
31 of attendance.
32 (f) A session of at least 4 clock hours may be
33 counted as a day of attendance for first grade pupils,
34 and pupils in full day kindergartens, and a session of 2
-484- LRB9111045EGfg
1 or more hours may be counted as 1/2 day of attendance by
2 pupils in kindergartens which provide only 1/2 day of
3 attendance.
4 (g) For children with disabilities who are below
5 the age of 6 years and who cannot attend 2 or more clock
6 hours because of their disability or immaturity, a
7 session of not less than one clock hour may be counted as
8 1/2 day of attendance; however for such children whose
9 educational needs so require a session of 4 or more clock
10 hours may be counted as a full day of attendance.
11 (h) A recognized kindergarten which provides for
12 only 1/2 day of attendance by each pupil shall not have
13 more than 1/2 day of attendance counted in any one day.
14 However, kindergartens may count 2 1/2 days of attendance
15 in any 5 consecutive school days. When a pupil attends
16 such a kindergarten for 2 half days on any one school
17 day, the pupil shall have the following day as a day
18 absent from school, unless the school district obtains
19 permission in writing from the State Superintendent of
20 Education. Attendance at kindergartens which provide for
21 a full day of attendance by each pupil shall be counted
22 the same as attendance by first grade pupils. Only the
23 first year of attendance in one kindergarten shall be
24 counted, except in case of children who entered the
25 kindergarten in their fifth year whose educational
26 development requires a second year of kindergarten as
27 determined under the rules and regulations of the State
28 Board of Education.
29 (G) Equalized Assessed Valuation Data.
30 (1) For purposes of the calculation of Available Local
31 Resources required pursuant to subsection (D), the State
32 Board of Education shall secure from the Department of
33 Revenue the value as equalized or assessed by the Department
34 of Revenue of all taxable property of every school district,
-485- LRB9111045EGfg
1 together with (i) the applicable tax rate used in extending
2 taxes for the funds of the district as of September 30 of the
3 previous year and (ii) the limiting rate for all school
4 districts subject to property tax extension limitations as
5 imposed under the Property Tax Extension Limitation Law.
6 This equalized assessed valuation, as adjusted further by
7 the requirements of this subsection, shall be utilized in the
8 calculation of Available Local Resources.
9 (2) The equalized assessed valuation in paragraph (1)
10 shall be adjusted, as applicable, in the following manner:
11 (a) For the purposes of calculating State aid under
12 this Section, with respect to any part of a school
13 district within a redevelopment project area in respect
14 to which a municipality has adopted tax increment
15 allocation financing pursuant to the Tax Increment
16 Allocation Redevelopment Act, Sections 11-74.4-1 through
17 11-74.4-11 of the Illinois Municipal Code or the
18 Industrial Jobs Recovery Law, Sections 11-74.6-1 through
19 11-74.6-50 of the Illinois Municipal Code, no part of the
20 current equalized assessed valuation of real property
21 located in any such project area which is attributable to
22 an increase above the total initial equalized assessed
23 valuation of such property shall be used as part of the
24 equalized assessed valuation of the district, until such
25 time as all redevelopment project costs have been paid,
26 as provided in Section 11-74.4-8 of the Tax Increment
27 Allocation Redevelopment Act or in Section 11-74.6-35 of
28 the Industrial Jobs Recovery Law. For the purpose of the
29 equalized assessed valuation of the district, the total
30 initial equalized assessed valuation or the current
31 equalized assessed valuation, whichever is lower, shall
32 be used until such time as all redevelopment project
33 costs have been paid.
34 (b) The real property equalized assessed valuation
-486- LRB9111045EGfg
1 for a school district shall be adjusted by subtracting
2 from the real property value as equalized or assessed by
3 the Department of Revenue for the district an amount
4 computed by dividing the amount of any abatement of taxes
5 under Section 18-170 of the Property Tax Code by 3.00%
6 for a district maintaining grades kindergarten through
7 12, by 2.30% for a district maintaining grades
8 kindergarten through 8, or by 1.05% for a district
9 maintaining grades 9 through 12 and adjusted by an amount
10 computed by dividing the amount of any abatement of taxes
11 under subsection (a) of Section 18-165 of the Property
12 Tax Code by the same percentage rates for district type
13 as specified in this subparagraph (b).
14 (3) For the 1999-2000 school year and each school year
15 thereafter, if a school district meets all of the criteria of
16 this subsection (G)(3), the school district's Available Local
17 Resources shall be calculated under subsection (D) using the
18 district's Extension Limitation Equalized Assessed Valuation
19 as calculated under this subsection (G)(3).
20 For purposes of this subsection (G)(3) the following
21 terms shall have the following meanings:
22 "Budget Year": The school year for which general
23 State aid is calculated and awarded under subsection (E).
24 "Base Tax Year": The property tax levy year used to
25 calculate the Budget Year allocation of general State
26 aid.
27 "Preceding Tax Year": The property tax levy year
28 immediately preceding the Base Tax Year.
29 "Base Tax Year's Tax Extension": The product of the
30 equalized assessed valuation utilized by the County Clerk
31 in the Base Tax Year multiplied by the limiting rate as
32 calculated by the County Clerk and defined in the
33 Property Tax Extension Limitation Law.
34 "Preceding Tax Year's Tax Extension": The product of
-487- LRB9111045EGfg
1 the equalized assessed valuation utilized by the County
2 Clerk in the Preceding Tax Year multiplied by the
3 Operating Tax Rate as defined in subsection (A).
4 "Extension Limitation Ratio": A numerical ratio,
5 certified by the County Clerk, in which the numerator is
6 the Base Tax Year's Tax Extension and the denominator is
7 the Preceding Tax Year's Tax Extension.
8 "Operating Tax Rate": The operating tax rate as
9 defined in subsection (A).
10 If a school district is subject to property tax extension
11 limitations as imposed under the Property Tax Extension
12 Limitation Law, and if the Available Local Resources of that
13 school district as calculated pursuant to subsection (D)
14 using the Base Tax Year are less than the product of 1.75
15 times the Foundation Level for the Budget Year, the State
16 Board of Education shall calculate the Extension Limitation
17 Equalized Assessed Valuation of that district. For the
18 1999-2000 school year, the Extension Limitation Equalized
19 Assessed Valuation of a school district as calculated by the
20 State Board of Education shall be equal to the product of the
21 district's 1996 Equalized Assessed Valuation and the
22 district's Extension Limitation Ratio. For the 2000-2001
23 school year and each school year thereafter, the Extension
24 Limitation Equalized Assessed Valuation of a school district
25 as calculated by the State Board of Education shall be equal
26 to the product of the last calculated Extension Limitation
27 Equalized Assessed Valuation and the district's Extension
28 Limitation Ratio. If the Extension Limitation Equalized
29 Assessed Valuation of a school district as calculated under
30 this subsection (G)(3) is less than the district's equalized
31 assessed valuation as calculated pursuant to subsections
32 (G)(1) and (G)(2), then for purposes of calculating the
33 district's general State aid for the Budget Year pursuant to
34 subsection (E), that Extension Limitation Equalized Assessed
-488- LRB9111045EGfg
1 Valuation shall be utilized to calculate the district's
2 Available Local Resources under subsection (D).
3 (4) For the purposes of calculating general State aid
4 for the 1999-2000 school year only, if a school district
5 experienced a triennial reassessment on the equalized
6 assessed valuation used in calculating its general State
7 financial aid apportionment for the 1998-1999 school year,
8 the State Board of Education shall calculate the Extension
9 Limitation Equalized Assessed Valuation that would have been
10 used to calculate the district's 1998-1999 general State aid.
11 This amount shall equal the product of the equalized assessed
12 valuation used to calculate general State aid for the
13 1997-1998 school year and the district's Extension Limitation
14 Ratio. If the Extension Limitation Equalized Assessed
15 Valuation of the school district as calculated under this
16 paragraph (4) is less than the district's equalized assessed
17 valuation utilized in calculating the district's 1998-1999
18 general State aid allocation, then for purposes of
19 calculating the district's general State aid pursuant to
20 paragraph (5) of subsection (E), that Extension Limitation
21 Equalized Assessed Valuation shall be utilized to calculate
22 the district's Available Local Resources.
23 (5) For school districts having a majority of their
24 equalized assessed valuation in any county except Cook,
25 DuPage, Kane, Lake, McHenry, or Will, if the amount of
26 general State aid allocated to the school district for the
27 1999-2000 school year under the provisions of subsection (E),
28 (H), and (J) of this Section is less than the amount of
29 general State aid allocated to the district for the 1998-1999
30 school year under these subsections, then the general State
31 aid of the district for the 1999-2000 school year only shall
32 be increased by the difference between these amounts. The
33 total payments made under this paragraph (5) shall not exceed
34 $14,000,000. Claims shall be prorated if they exceed
-489- LRB9111045EGfg
1 $14,000,000.
2 (H) Supplemental General State Aid.
3 (1) In addition to the general State aid a school
4 district is allotted pursuant to subsection (E), qualifying
5 school districts shall receive a grant, paid in conjunction
6 with a district's payments of general State aid, for
7 supplemental general State aid based upon the concentration
8 level of children from low-income households within the
9 school district. Supplemental State aid grants provided for
10 school districts under this subsection shall be appropriated
11 for distribution to school districts as part of the same line
12 item in which the general State financial aid of school
13 districts is appropriated under this Section. For purposes of
14 this subsection, the term "Low-Income Concentration Level"
15 shall be the low-income eligible pupil count from the most
16 recently available federal census divided by the Average
17 Daily Attendance of the school district. If, however, the
18 percentage decrease from the 2 most recent federal censuses
19 in the low-income eligible pupil count of a high school
20 district with fewer than 400 students exceeds by 75% or more
21 the percentage change in the total low-income eligible pupil
22 count of contiguous elementary school districts, whose
23 boundaries are coterminous with the high school district, the
24 high school district's low-income eligible pupil count from
25 the earlier federal census shall be the number used as the
26 low-income eligible pupil count for the high school district,
27 for purposes of this subsection (H).
28 (2) Supplemental general State aid pursuant to this
29 subsection shall be provided as follows:
30 (a) For any school district with a Low Income
31 Concentration Level of at least 20% and less than 35%,
32 the grant for any school year shall be $800 multiplied by
33 the low income eligible pupil count.
34 (b) For any school district with a Low Income
-490- LRB9111045EGfg
1 Concentration Level of at least 35% and less than 50%,
2 the grant for the 1998-1999 school year shall be $1,100
3 multiplied by the low income eligible pupil count.
4 (c) For any school district with a Low Income
5 Concentration Level of at least 50% and less than 60%,
6 the grant for the 1998-99 school year shall be $1,500
7 multiplied by the low income eligible pupil count.
8 (d) For any school district with a Low Income
9 Concentration Level of 60% or more, the grant for the
10 1998-99 school year shall be $1,900 multiplied by the low
11 income eligible pupil count.
12 (e) For the 1999-2000 school year, the per pupil
13 amount specified in subparagraphs (b), (c), and (d)
14 immediately above shall be increased to $1,243, $1,600,
15 and $2,000, respectively.
16 (f) For the 2000-2001 school year, the per pupil
17 amounts specified in subparagraphs (b), (c), and (d)
18 immediately above shall be $1,273, $1,640, and $2,050,
19 respectively.
20 (3) School districts with an Average Daily Attendance of
21 more than 1,000 and less than 50,000 that qualify for
22 supplemental general State aid pursuant to this subsection
23 shall submit a plan to the State Board of Education prior to
24 October 30 of each year for the use of the funds resulting
25 from this grant of supplemental general State aid for the
26 improvement of instruction in which priority is given to
27 meeting the education needs of disadvantaged children. Such
28 plan shall be submitted in accordance with rules and
29 regulations promulgated by the State Board of Education.
30 (4) School districts with an Average Daily Attendance of
31 50,000 or more that qualify for supplemental general State
32 aid pursuant to this subsection shall be required to
33 distribute from funds available pursuant to this Section, no
34 less than $261,000,000 in accordance with the following
-491- LRB9111045EGfg
1 requirements:
2 (a) The required amounts shall be distributed to
3 the attendance centers within the district in proportion
4 to the number of pupils enrolled at each attendance
5 center who are eligible to receive free or reduced-price
6 lunches or breakfasts under the federal Child Nutrition
7 Act of 1966 and under the National School Lunch Act
8 during the immediately preceding school year.
9 (b) The distribution of these portions of
10 supplemental and general State aid among attendance
11 centers according to these requirements shall not be
12 compensated for or contravened by adjustments of the
13 total of other funds appropriated to any attendance
14 centers, and the Board of Education shall utilize funding
15 from one or several sources in order to fully implement
16 this provision annually prior to the opening of school.
17 (c) Each attendance center shall be provided by the
18 school district a distribution of noncategorical funds
19 and other categorical funds to which an attendance center
20 is entitled under law in order that the general State aid
21 and supplemental general State aid provided by
22 application of this subsection supplements rather than
23 supplants the noncategorical funds and other categorical
24 funds provided by the school district to the attendance
25 centers.
26 (d) Any funds made available under this subsection
27 that by reason of the provisions of this subsection are
28 not required to be allocated and provided to attendance
29 centers may be used and appropriated by the board of the
30 district for any lawful school purpose.
31 (e) Funds received by an attendance center pursuant
32 to this subsection shall be used by the attendance center
33 at the discretion of the principal and local school
34 council for programs to improve educational opportunities
-492- LRB9111045EGfg
1 at qualifying schools through the following programs and
2 services: early childhood education, reduced class size
3 or improved adult to student classroom ratio, enrichment
4 programs, remedial assistance, attendance improvement,
5 and other educationally beneficial expenditures which
6 supplement the regular and basic programs as determined
7 by the State Board of Education. Funds provided shall
8 not be expended for any political or lobbying purposes as
9 defined by board rule.
10 (f) Each district subject to the provisions of this
11 subdivision (H)(4) shall submit an acceptable plan to
12 meet the educational needs of disadvantaged children, in
13 compliance with the requirements of this paragraph, to
14 the State Board of Education prior to July 15 of each
15 year. This plan shall be consistent with the decisions of
16 local school councils concerning the school expenditure
17 plans developed in accordance with part 4 of Section
18 34-2.3. The State Board shall approve or reject the plan
19 within 60 days after its submission. If the plan is
20 rejected, the district shall give written notice of
21 intent to modify the plan within 15 days of the
22 notification of rejection and then submit a modified plan
23 within 30 days after the date of the written notice of
24 intent to modify. Districts may amend approved plans
25 pursuant to rules promulgated by the State Board of
26 Education.
27 Upon notification by the State Board of Education
28 that the district has not submitted a plan prior to July
29 15 or a modified plan within the time period specified
30 herein, the State aid funds affected by that plan or
31 modified plan shall be withheld by the State Board of
32 Education until a plan or modified plan is submitted.
33 If the district fails to distribute State aid to
34 attendance centers in accordance with an approved plan,
-493- LRB9111045EGfg
1 the plan for the following year shall allocate funds, in
2 addition to the funds otherwise required by this
3 subsection, to those attendance centers which were
4 underfunded during the previous year in amounts equal to
5 such underfunding.
6 For purposes of determining compliance with this
7 subsection in relation to the requirements of attendance
8 center funding, each district subject to the provisions
9 of this subsection shall submit as a separate document by
10 December 1 of each year a report of expenditure data for
11 the prior year in addition to any modification of its
12 current plan. If it is determined that there has been a
13 failure to comply with the expenditure provisions of this
14 subsection regarding contravention or supplanting, the
15 State Superintendent of Education shall, within 60 days
16 of receipt of the report, notify the district and any
17 affected local school council. The district shall within
18 45 days of receipt of that notification inform the State
19 Superintendent of Education of the remedial or corrective
20 action to be taken, whether by amendment of the current
21 plan, if feasible, or by adjustment in the plan for the
22 following year. Failure to provide the expenditure
23 report or the notification of remedial or corrective
24 action in a timely manner shall result in a withholding
25 of the affected funds.
26 The State Board of Education shall promulgate rules
27 and regulations to implement the provisions of this
28 subsection. No funds shall be released under this
29 subdivision (H)(4) to any district that has not submitted
30 a plan that has been approved by the State Board of
31 Education.
32 (I) General State Aid for Newly Configured School Districts.
33 (1) For a new school district formed by combining
34 property included totally within 2 or more previously
-494- LRB9111045EGfg
1 existing school districts, for its first year of existence
2 the general State aid and supplemental general State aid
3 calculated under this Section shall be computed for the new
4 district and for the previously existing districts for which
5 property is totally included within the new district. If the
6 computation on the basis of the previously existing districts
7 is greater, a supplementary payment equal to the difference
8 shall be made for the first 4 years of existence of the new
9 district.
10 (2) For a school district which annexes all of the
11 territory of one or more entire other school districts, for
12 the first year during which the change of boundaries
13 attributable to such annexation becomes effective for all
14 purposes as determined under Section 7-9 or 7A-8, the general
15 State aid and supplemental general State aid calculated under
16 this Section shall be computed for the annexing district as
17 constituted after the annexation and for the annexing and
18 each annexed district as constituted prior to the annexation;
19 and if the computation on the basis of the annexing and
20 annexed districts as constituted prior to the annexation is
21 greater, a supplementary payment equal to the difference
22 shall be made for the first 4 years of existence of the
23 annexing school district as constituted upon such annexation.
24 (3) For 2 or more school districts which annex all of
25 the territory of one or more entire other school districts,
26 and for 2 or more community unit districts which result upon
27 the division (pursuant to petition under Section 11A-2) of
28 one or more other unit school districts into 2 or more parts
29 and which together include all of the parts into which such
30 other unit school district or districts are so divided, for
31 the first year during which the change of boundaries
32 attributable to such annexation or division becomes effective
33 for all purposes as determined under Section 7-9 or 11A-10,
34 as the case may be, the general State aid and supplemental
-495- LRB9111045EGfg
1 general State aid calculated under this Section shall be
2 computed for each annexing or resulting district as
3 constituted after the annexation or division and for each
4 annexing and annexed district, or for each resulting and
5 divided district, as constituted prior to the annexation or
6 division; and if the aggregate of the general State aid and
7 supplemental general State aid as so computed for the
8 annexing or resulting districts as constituted after the
9 annexation or division is less than the aggregate of the
10 general State aid and supplemental general State aid as so
11 computed for the annexing and annexed districts, or for the
12 resulting and divided districts, as constituted prior to the
13 annexation or division, then a supplementary payment equal to
14 the difference shall be made and allocated between or among
15 the annexing or resulting districts, as constituted upon such
16 annexation or division, for the first 4 years of their
17 existence. The total difference payment shall be allocated
18 between or among the annexing or resulting districts in the
19 same ratio as the pupil enrollment from that portion of the
20 annexed or divided district or districts which is annexed to
21 or included in each such annexing or resulting district bears
22 to the total pupil enrollment from the entire annexed or
23 divided district or districts, as such pupil enrollment is
24 determined for the school year last ending prior to the date
25 when the change of boundaries attributable to the annexation
26 or division becomes effective for all purposes. The amount
27 of the total difference payment and the amount thereof to be
28 allocated to the annexing or resulting districts shall be
29 computed by the State Board of Education on the basis of
30 pupil enrollment and other data which shall be certified to
31 the State Board of Education, on forms which it shall provide
32 for that purpose, by the regional superintendent of schools
33 for each educational service region in which the annexing and
34 annexed districts, or resulting and divided districts are
-496- LRB9111045EGfg
1 located.
2 (3.5) Claims for financial assistance under this
3 subsection (I) shall not be recomputed except as expressly
4 provided under this Section.
5 (4) Any supplementary payment made under this subsection
6 (I) shall be treated as separate from all other payments made
7 pursuant to this Section.
8 (J) Supplementary Grants in Aid.
9 (1) Notwithstanding any other provisions of this
10 Section, the amount of the aggregate general State aid in
11 combination with supplemental general State aid under this
12 Section for which each school district is eligible shall be
13 no less than the amount of the aggregate general State aid
14 entitlement that was received by the district under Section
15 18-8 (exclusive of amounts received under subsections 5(p)
16 and 5(p-5) of that Section) for the 1997-98 school year,
17 pursuant to the provisions of that Section as it was then in
18 effect. If a school district qualifies to receive a
19 supplementary payment made under this subsection (J), the
20 amount of the aggregate general State aid in combination with
21 supplemental general State aid under this Section which that
22 district is eligible to receive for each school year shall be
23 no less than the amount of the aggregate general State aid
24 entitlement that was received by the district under Section
25 18-8 (exclusive of amounts received under subsections 5(p)
26 and 5(p-5) of that Section) for the 1997-1998 school year,
27 pursuant to the provisions of that Section as it was then in
28 effect.
29 (2) If, as provided in paragraph (1) of this subsection
30 (J), a school district is to receive aggregate general State
31 aid in combination with supplemental general State aid under
32 this Section for the 1998-99 school year and any subsequent
33 school year that in any such school year is less than the
34 amount of the aggregate general State aid entitlement that
-497- LRB9111045EGfg
1 the district received for the 1997-98 school year, the school
2 district shall also receive, from a separate appropriation
3 made for purposes of this subsection (J), a supplementary
4 payment that is equal to the amount of the difference in the
5 aggregate State aid figures as described in paragraph (1).
6 (3) (Blank).
7 (K) Grants to Laboratory and Alternative Schools.
8 In calculating the amount to be paid to the governing
9 board of a public university that operates a laboratory
10 school under this Section or to any alternative school that
11 is operated by a regional superintendent of schools, the
12 State Board of Education shall require by rule such reporting
13 requirements as it deems necessary.
14 As used in this Section, "laboratory school" means a
15 public school which is created and operated by a public
16 university and approved by the State Board of Education. The
17 governing board of a public university which receives funds
18 from the State Board under this subsection (K) may not
19 increase the number of students enrolled in its laboratory
20 school from a single district, if that district is already
21 sending 50 or more students, except under a mutual agreement
22 between the school board of a student's district of residence
23 and the university which operates the laboratory school. A
24 laboratory school may not have more than 1,000 students,
25 excluding students with disabilities in a special education
26 program.
27 As used in this Section, "alternative school" means a
28 public school which is created and operated by a Regional
29 Superintendent of Schools and approved by the State Board of
30 Education. Such alternative schools may offer courses of
31 instruction for which credit is given in regular school
32 programs, courses to prepare students for the high school
33 equivalency testing program or vocational and occupational
34 training. A regional superintendent of schools may contract
-498- LRB9111045EGfg
1 with a school district or a public community college district
2 to operate an alternative school. An alternative school
3 serving more than one educational service region may be
4 established by the regional superintendents of schools of the
5 affected educational service regions. An alternative school
6 serving more than one educational service region may be
7 operated under such terms as the regional superintendents of
8 schools of those educational service regions may agree.
9 Each laboratory and alternative school shall file, on
10 forms provided by the State Superintendent of Education, an
11 annual State aid claim which states the Average Daily
12 Attendance of the school's students by month. The best 3
13 months' Average Daily Attendance shall be computed for each
14 school. The general State aid entitlement shall be computed
15 by multiplying the applicable Average Daily Attendance by the
16 Foundation Level as determined under this Section.
17 (L) Payments, Additional Grants in Aid and Other
18 Requirements.
19 (1) For a school district operating under the financial
20 supervision of an Authority created under Article 34A, the
21 general State aid otherwise payable to that district under
22 this Section, but not the supplemental general State aid,
23 shall be reduced by an amount equal to the budget for the
24 operations of the Authority as certified by the Authority to
25 the State Board of Education, and an amount equal to such
26 reduction shall be paid to the Authority created for such
27 district for its operating expenses in the manner provided in
28 Section 18-11. The remainder of general State school aid for
29 any such district shall be paid in accordance with Article
30 34A when that Article provides for a disposition other than
31 that provided by this Article.
32 (2) (Blank).
33 (3) Summer school. Summer school payments shall be made
34 as provided in Section 18-4.3.
-499- LRB9111045EGfg
1 (M) Education Funding Advisory Board.
2 The Education Funding Advisory Board, hereinafter in this
3 subsection (M) referred to as the "Board", is hereby created.
4 The Board shall consist of 5 members who are appointed by the
5 Governor, by and with the advice and consent of the Senate.
6 The members appointed shall include representatives of
7 education, business, and the general public. One of the
8 members so appointed shall be designated by the Governor at
9 the time the appointment is made as the chairperson of the
10 Board. The initial members of the Board may be appointed any
11 time after the effective date of this amendatory Act of 1997.
12 The regular term of each member of the Board shall be for 4
13 years from the third Monday of January of the year in which
14 the term of the member's appointment is to commence, except
15 that of the 5 initial members appointed to serve on the
16 Board, the member who is appointed as the chairperson shall
17 serve for a term that commences on the date of his or her
18 appointment and expires on the third Monday of January, 2002,
19 and the remaining 4 members, by lots drawn at the first
20 meeting of the Board that is held after all 5 members are
21 appointed, shall determine 2 of their number to serve for
22 terms that commence on the date of their respective
23 appointments and expire on the third Monday of January, 2001,
24 and 2 of their number to serve for terms that commence on the
25 date of their respective appointments and expire on the third
26 Monday of January, 2000. All members appointed to serve on
27 the Board shall serve until their respective successors are
28 appointed and confirmed. Vacancies shall be filled in the
29 same manner as original appointments. If a vacancy in
30 membership occurs at a time when the Senate is not in
31 session, the Governor shall make a temporary appointment
32 until the next meeting of the Senate, when he or she shall
33 appoint, by and with the advice and consent of the Senate, a
34 person to fill that membership for the unexpired term. If
-500- LRB9111045EGfg
1 the Senate is not in session when the initial appointments
2 are made, those appointments shall be made as in the case of
3 vacancies.
4 The Education Funding Advisory Board shall be deemed
5 established, and the initial members appointed by the
6 Governor to serve as members of the Board shall take office,
7 on the date that the Governor makes his or her appointment of
8 the fifth initial member of the Board, whether those initial
9 members are then serving pursuant to appointment and
10 confirmation or pursuant to temporary appointments that are
11 made by the Governor as in the case of vacancies.
12 The State Board of Education shall provide such staff
13 assistance to the Education Funding Advisory Board as is
14 reasonably required for the proper performance by the Board
15 of its responsibilities.
16 For school years after the 2000-2001 school year, the
17 Education Funding Advisory Board, in consultation with the
18 State Board of Education, shall make recommendations as
19 provided in this subsection (M) to the General Assembly for
20 the foundation level under subdivision (B)(3) of this Section
21 and for the supplemental general State aid grant level under
22 subsection (H) of this Section for districts with high
23 concentrations of children from poverty. The recommended
24 foundation level shall be determined based on a methodology
25 which incorporates the basic education expenditures of
26 low-spending schools exhibiting high academic performance.
27 The Education Funding Advisory Board shall make such
28 recommendations to the General Assembly on January 1 of odd
29 numbered years, beginning January 1, 2001.
30 (N) (Blank).
31 (O) References.
32 (1) References in other laws to the various subdivisions
33 of Section 18-8 as that Section existed before its repeal and
-501- LRB9111045EGfg
1 replacement by this Section 18-8.05 shall be deemed to refer
2 to the corresponding provisions of this Section 18-8.05, to
3 the extent that those references remain applicable.
4 (2) References in other laws to State Chapter 1 funds
5 shall be deemed to refer to the supplemental general State
6 aid provided under subsection (H) of this Section.
7 (Source: P.A. 90-548, eff. 7-1-98; incorporates 90-566;
8 90-653, eff. 7-29-98; 90-654, eff. 7-29-98; 90-655, eff.
9 7-30-98; 90-802, eff. 12-15-98; 90-815, eff. 2-11-99; 91-24,
10 eff. 7-1-99; 91-93, eff. 7-9-99; 91-96, eff. 7-9-99; 91-111,
11 eff. 7-14-99; 91-357, eff. 7-29-99; 91-533, eff. 8-13-99;
12 revised 8-27-99.)
13 (105 ILCS 5/21-2) (from Ch. 122, par. 21-2)
14 Sec. 21-2. Grades of certificates.
15 (a) Until February 15, 2000, all certificates issued
16 under this Article shall be State certificates valid, except
17 as limited in Section 21-1, in every school district coming
18 under the provisions of this Act and shall be limited in time
19 and designated as follows: Provisional vocational
20 certificate, temporary provisional vocational certificate,
21 early childhood certificate, elementary school certificate,
22 special certificate, high school certificate, school service
23 personnel certificate, administrative certificate,
24 provisional certificate, and substitute certificate. The
25 requirement of student teaching under close and competent
26 supervision for obtaining a teaching certificate may be
27 waived by the State Teacher Certification Board upon
28 presentation to the Board by the teacher of evidence of 5
29 years successful teaching experience on a valid certificate
30 and graduation from a recognized institution of higher
31 learning with a bachelor's degree with not less than 120
32 semester hours and a minimum of 16 semester hours in
33 professional education.
-502- LRB9111045EGfg
1 (b) Initial Teaching Certificate. Beginning February
2 15, 2000, persons who (1) have completed an approved teacher
3 preparation program, (2) are recommended by an approved
4 teacher preparation program, (3) have successfully completed
5 the Initial Teaching Certification examinations required by
6 the State Board of Education, and (4) have met all other
7 criteria established by the State Board of Education in
8 consultation with the State Teacher Certification Board,
9 shall be issued an Initial Teaching Certificate valid for 4
10 years of teaching, as defined in Section 21-14 of this Code.
11 Initial Teaching Certificates shall be issued for categories
12 corresponding to Early Childhood, Elementary, Secondary, and
13 Special K-12, with special certification designations for
14 Special Education, Bilingual Education, fundamental learning
15 areas (including Language Arts, Reading, Mathematics,
16 Science, Social Science, Physical Development and Health,
17 Fine Arts, and Foreign Language), and other areas designated
18 by the State Board of Education, in consultation with the
19 State Teacher Certification Board.
20 (c) Standard Certificate. Beginning February 15, 2000,
21 persons who (1) have completed 4 years of teaching, as
22 defined in Section 21-14 of this Code, with an Initial
23 Certificate or an Initial Alternative Teaching Certificate
24 and have met all other criteria established by the State
25 Board of Education in consultation with the State Teacher
26 Certification Board, (2) have completed 4 years of teaching
27 on a valid equivalent certificate in another State or
28 territory of the United States, or have completed 4 years of
29 teaching in a nonpublic Illinois elementary or secondary
30 school with an Initial Certificate or an Initial Alternative
31 Teaching Certificate, and have met all other criteria
32 established by the State Board of Education, in consultation
33 with the State Teacher Certification Board, or (3) were
34 issued teaching certificates prior to February 15, 2000 and
-503- LRB9111045EGfg
1 are renewing those certificates after February 15, 2000,
2 shall be issued a Standard Certificate valid for 5 years,
3 which may be renewed thereafter every 5 years by the State
4 Teacher Certification Board based on proof of continuing
5 education or professional development. Beginning July 1,
6 2003, persons who have completed 4 years of teaching, as
7 described in clauses (1) and (2) of this subsection (c), have
8 successfully completed the Standard Teaching Certificate
9 Examinations, and have met all other criteria established by
10 the State Board of Education, in consultation with the State
11 Teacher Certification Board, shall be issued Standard
12 Certificates. Standard Certificates shall be issued for
13 categories corresponding to Early Childhood, Elementary,
14 Secondary, and Special K-12, with special certification
15 designations for Special Education, Bilingual Education,
16 fundamental learning areas (including Language Arts, Reading,
17 Mathematics, Science, Social Science, Physical Development
18 and Health, Fine Arts, and Foreign Language), and other areas
19 designated by the State Board of Education, in consultation
20 with the State Teacher Certification Board.
21 (d) Master Certificate. Beginning February 15, 2000,
22 persons who have successfully achieved National Board
23 certification through the National Board for Professional
24 Teaching Standards shall be issued a Master Certificate,
25 valid for 10 years and renewable thereafter every 10 years
26 through compliance with requirements set forth by the State
27 Board of Education, in consultation with the State Teacher
28 Certification Board. However, each teacher who holds a Master
29 Certificate shall be eligible for a teaching position in this
30 State in the areas for which he or she holds a Master
31 Certificate without satisfying any other requirements of this
32 Code, except for those requirements pertaining to criminal
33 background checks. A teacher who holds a Master Certificate
34 shall be deemed to meet State certification renewal
-504- LRB9111045EGfg
1 requirements in the area or areas for which he or she holds a
2 Master Certificate for the 10-year term of the teacher's
3 Master Certificate.
4 (Source: P.A. 90-548, eff. 1-1-98; 90-653, eff. 7-29-98;
5 90-811, eff. 1-26-99; 91-102, eff. 7-12-99; 91-606, eff.
6 8-16-99; 91-609, eff. 1-1-00; revised 10-7-99.)
7 (105 ILCS 5/27A-4)
8 Sec. 27A-4. General Provisions.
9 (a) The General Assembly does not intend to alter or
10 amend the provisions of any court-ordered desegregation plan
11 in effect for any school district. A charter school shall be
12 subject to all federal and State laws and constitutional
13 provisions prohibiting discrimination on the basis of
14 disability, race, creed, color, gender, national origin,
15 religion, ancestry, marital status, or need for special
16 education services.
17 (b) The total number of charter schools operating under
18 this Article at any one time shall not exceed 45. Not more
19 than 15 charter schools shall operate at any one time in any
20 city having a population exceeding 500,000; not more than 15
21 charter schools shall operate at any one time in the counties
22 of DuPage, Kane, Lake, McHenry, Will, and that portion of
23 Cook County that is located outside a city having a
24 population exceeding 500,000, with not more than one charter
25 school that has been initiated by a board of education, or by
26 an intergovernmental agreement between or among boards of
27 education, operating at any one time in the school district
28 where the charter school is located; and not more than 15
29 charter schools shall operate at any one time in the
30 remainder of the State, with not more than one charter school
31 that has been initiated by a board of education, or by an
32 intergovernmental agreement between or among boards of
33 education, operating at any one time in the school district
-505- LRB9111045EGfg
1 where the charter school is located.
2 For purposes of implementing this Section, the State
3 Board shall assign a number to each charter submission it
4 receives under Section 27A-6 for its review and
5 certification, based on the chronological order in which the
6 submission is received by it. The State Board shall promptly
7 notify local school boards when the maximum numbers of
8 certified charter schools authorized to operate have been
9 reached.
10 (c) No charter shall be granted under this Article that
11 would convert any existing private, parochial, or non-public
12 school to a charter school.
13 (d) Enrollment in a charter school shall be open to any
14 pupil who resides within the geographic boundaries of the
15 area served by the local school board.
16 (e) Nothing in this Article shall prevent 2 or more
17 local school boards from jointly issuing a charter to a
18 single shared charter school, provided that all of the
19 provisions of this Article are met as to those local school
20 boards.
21 (f) No local school board shall require any employee of
22 the school district to be employed in a charter school.
23 (g) No local school board shall require any pupil
24 residing within the geographic boundary of its district to
25 enroll in a charter school.
26 (h) If there are more eligible applicants for enrollment
27 in a charter school than there are spaces available,
28 successful applicants shall be selected by lottery. However,
29 priority shall be given to siblings of pupils enrolled in the
30 charter school and to pupils who were enrolled in the charter
31 school the previous school year, unless expelled for cause.
32 Dual enrollment at both a charter school and a public school
33 or non-public school shall not be allowed. A pupil who is
34 suspended or expelled from a charter school shall be deemed
-506- LRB9111045EGfg
1 to be suspended or expelled from the public schools of the
2 school district in which the pupil resides.
3 (i) (Blank).
4 (Source: P.A. 91-357, eff. 7-29-99; 91-405, eff. 8-3-99;
5 91-407, eff. 8-3-99; revised 8-27-99.)
6 (105 ILCS 5/27A-9)
7 Sec. 27A-9. Term of charter; renewal.
8 (a) A charter may be granted for a period not less than
9 5 and not more than 10 school years. A charter may be
10 renewed in incremental periods not to exceed 5 school years.
11 (b) A charter school renewal proposal submitted to the
12 local school board or State Board, as the chartering entity,
13 shall contain:
14 (1) A report on the progress of the charter school
15 in achieving the goals, objectives, pupil performance
16 standards, content standards, and other terms of the
17 initial approved charter proposal; and
18 (2) A financial statement that discloses the costs
19 of administration, instruction, and other spending
20 categories for the charter school that is understandable
21 to the general public and that will allow comparison of
22 those costs to other schools or other comparable
23 organizations, in a format required by the State Board.
24 (c) A charter may be revoked or not renewed if the local
25 school board or State Board, as the chartering entity,
26 clearly demonstrates that the charter school did any of the
27 following, or otherwise failed to comply with the
28 requirements of this law:
29 (1) Committed a material violation of any of the
30 conditions, standards, or procedures set forth in the
31 charter.
32 (2) Failed to meet or make reasonable progress
33 toward achievement of the content standards or pupil
-507- LRB9111045EGfg
1 performance standards identified in the charter.
2 (3) Failed to meet generally accepted standards of
3 fiscal management.
4 (4) Violated any provision of law from which the
5 charter school was not exempted.
6 (d) (Blank).
7 (e) Notice of a local school board's decision to deny,
8 revoke or not to renew a charter shall be provided to the
9 State Board. The State Board may reverse a local board's
10 decision if the State Board finds that the charter school or
11 charter school proposal (i) is in compliance with this
12 Article, and (ii) is in the best interests of the students it
13 is designed to serve. The State Board may condition the
14 granting of an appeal on the acceptance by the charter school
15 of funding in an amount less than that requested in the
16 proposal submitted to the local school board. Final decisions
17 of the State Board shall be subject to judicial review under
18 the Administrative Review Law.
19 (f) Notwithstanding other provisions of this Article, if
20 the State Board on appeal reverses a local board's decision
21 or if a charter school is approved by referendum, the State
22 Board shall act as the authorized chartering entity for the
23 charter school. The State Board shall approve and certify
24 the charter and shall perform all functions under this
25 Article otherwise performed by the local school board. The
26 State Board shall report the aggregate number of charter
27 school pupils resident in a school district to that district
28 and shall notify the district of the amount of funding to be
29 paid by the State Board to the charter school enrolling such
30 students. The State Board shall require the charter school to
31 maintain accurate records of daily attendance that shall be
32 deemed sufficient to file claims under Section 18-8.05
33 notwithstanding any other requirements of that Section
34 regarding hours of instruction and teacher certification. The
-508- LRB9111045EGfg
1 State Board shall withhold from funds otherwise due the
2 district the funds authorized by this Article to be paid to
3 the charter school and shall pay such amounts to the charter
4 school.
5 (Source: P.A. 90-548, eff. 1-1-98; 91-96, eff. 7-9-99;
6 91-407, eff. 8-3-99; revised 10-7-99.)
7 (105 ILCS 5/27A-11.5)
8 Sec. 27A-11.5. State financing. The State Board of
9 Education shall make the following funds available to school
10 districts and charter schools:
11 (1) From a separate appropriation made to the State
12 Board for purposes of this subdivision (1), the State
13 Board shall make transition impact aid available to
14 school districts that approve a new charter school or
15 that have funds withheld by the State Board to fund a new
16 charter school that is chartered by the State Board. The
17 amount of the aid shall equal 90% of the per capita
18 funding paid to the charter school during the first year
19 of its initial charter term, 65% of the per capita
20 funding paid to the charter school during the second year
21 of its initial term, and 35% of the per capita funding
22 paid to the charter school during the third year of its
23 initial term. This transition impact aid shall be paid
24 to the local school board in equal quarterly
25 installments, with the payment of the installment for the
26 first quarter being made by August 1st immediately
27 preceding the first, second, and third years of the
28 initial term. The district shall file an application for
29 this aid with the State Board in a format designated by
30 the State Board. If the appropriation is insufficient in
31 any year to pay all approved claims, the impact aid shall
32 be prorated. Transition impact aid shall be paid
33 beginning in the 1999-2000 school year for charter
-509- LRB9111045EGfg
1 schools that are in the first, second, or third year of
2 their initial term. If House Bill 230 of the 91st
3 General Assembly becomes law, Transition impact aid shall
4 not be paid for any charter school that is proposed and
5 created by one or more boards of education, as authorized
6 under the provisions of Public Act 91-405 House Bill 230
7 of the 91st General Assembly.
8 (2) From a separate appropriation made for the
9 purpose of this subdivision (2), the State Board shall
10 make grants to charter schools to pay their start-up
11 costs of acquiring educational materials and supplies,
12 textbooks, furniture, and other equipment needed during
13 their initial term. The State Board shall annually
14 establish the time and manner of application for these
15 grants, which shall not exceed $250 per student enrolled
16 in the charter school.
17 (3) The Charter Schools Revolving Loan Fund is
18 created as a special fund in the State treasury. Federal
19 funds, such other funds as may be made available for
20 costs associated with the establishment of charter
21 schools in Illinois, and amounts repaid by charter
22 schools that have received a loan from the Charter
23 Schools Revolving Loan Fund shall be deposited into the
24 Charter Schools Revolving Loan Fund, and the moneys in
25 the Charter Schools Revolving Loan Fund shall be
26 appropriated to the State Board and used to provide
27 interest-free loans to charter schools. These funds
28 shall be used to pay start-up costs of acquiring
29 educational materials and supplies, textbooks, furniture,
30 and other equipment needed in the initial term of the
31 charter school and for acquiring and remodeling a
32 suitable physical plant, within the initial term of the
33 charter school. Loans shall be limited to one loan per
34 charter school and shall not exceed $250 per student
-510- LRB9111045EGfg
1 enrolled in the charter school. A loan shall be repaid
2 by the end of the initial term of the charter school.
3 The State Board may deduct amounts necessary to repay the
4 loan from funds due to the charter school or may require
5 that the local school board that authorized the charter
6 school deduct such amounts from funds due the charter
7 school and remit these amounts to the State Board,
8 provided that the local school board shall not be
9 responsible for repayment of the loan. The State Board
10 may use up to 3% of the appropriation to contract with a
11 non-profit entity to administer the loan program.
12 (4) A charter school may apply for and receive,
13 subject to the same restrictions applicable to school
14 districts, any grant administered by the State Board that
15 is available for school districts.
16 (Source: P.A. 91-407, eff. 8-3-99; revised 8-4-99.)
17 (105 ILCS 5/34-8.3) (from Ch. 122, par. 34-8.3)
18 Sec. 34-8.3. Remediation and probation of attendance
19 centers.
20 (a) The general superintendent shall monitor the
21 performance of the attendance centers within the district and
22 shall identify attendance centers, pursuant to criteria that
23 the board shall establish, in which:
24 (1) there is a failure to develop, implement, or
25 comply with a school improvement plan;
26 (2) there is a pervasive breakdown in the
27 educational program as indicated by factors, including,
28 but not limited to, the absence of improvement in student
29 reading and math achievement scores, an increased
30 drop-out rate, a decreased graduation rate, and a
31 decrease in rate of student attendance;
32 (3) (blank); or
33 (4) there is a failure or refusal to comply with
-511- LRB9111045EGfg
1 the provisions of this Act, other applicable laws,
2 collective bargaining agreements, court orders, or with
3 Board rules which the Board is authorized to promulgate.
4 (b) If the general superintendent identifies a
5 nonperforming school as described herein, he or she shall
6 place the attendance center on remediation by developing a
7 remediation plan for the center. The purpose of the
8 remediation plan shall be to correct the deficiencies in the
9 performance of the attendance center by one or more of the
10 following methods:
11 (1) drafting a new school improvement plan;
12 (2) applying to the board for additional funding
13 for training for the local school council;
14 (3) directing implementation of a school
15 improvement plan;
16 (4) mediating disputes or other obstacles to reform
17 or improvement at the attendance center.
18 If, however, the general superintendent determines that
19 the problems are not able to be remediated by these methods,
20 the general superintendent shall place the attendance center
21 on probation. The board shall establish guidelines that
22 determine the factors for placing an attendance center on
23 probation.
24 (c) Each school placed on probation shall have a school
25 improvement plan and school budget for correcting
26 deficiencies identified by the board. The plan shall include
27 specific steps that the local school council and school staff
28 must take to correct identified deficiencies and specific
29 objective criteria by which the school's subsequent progress
30 will be determined. The school budget shall include specific
31 expenditures directly calculated to correct educational and
32 operational deficiencies identified at the school by the
33 probation team.
34 (d) Schools placed on probation that, after a maximum of
-512- LRB9111045EGfg
1 one year, fail to make adequate progress in correcting
2 deficiencies are subject to the following action by the
3 general superintendent with the approval of the board, after
4 opportunity for a hearing:
5 (1) Ordering new local school council elections.
6 (2) Removing and replacing the principal.
7 (3) Replacement of faculty members, subject to the
8 provisions of Section 24A-5.
9 (4) Reconstitution of the attendance center and
10 replacement and reassignment by the general
11 superintendent of all employees of the attendance center.
12 (5) Intervention under Section 34-8.4.
13 (6) Closing of the school.
14 (e) Schools placed on probation shall remain on
15 probation from year to year until deficiencies are corrected,
16 even if such schools make acceptable annual progress. The
17 board shall establish, in writing, criteria for determining
18 whether or not a school shall remain on probation. If
19 academic achievement tests are used as the factor for placing
20 a school on probation, the general superintendent shall
21 consider objective criteria, not just an increase in test
22 scores, in deciding whether or not a school shall remain on
23 probation. These criteria shall include attendance, test
24 scores, student mobility rates, poverty rates, bilingual
25 education eligibility, special education, and English
26 language proficiency programs, with progress made in these
27 areas being taken into consideration in deciding whether or
28 not a school shall remain on probation.
29 (f) Where the board has reason to believe that
30 violations of civil rights, or of civil or criminal law have
31 occurred, or when the general superintendent deems that the
32 school is in educational crisis it may take immediate
33 corrective action, including the actions specified in this
34 Section, without first placing the school on remediation or
-513- LRB9111045EGfg
1 probation. Nothing described herein shall limit the
2 authority of the board as provided by any law of this State.
3 The board shall develop criteria governing the determination
4 regarding when a school is in educational crisis.
5 (g) All persons serving as subdistrict superintendent on
6 May 1, 1995 shall be deemed by operation of law to be serving
7 under a performance contract which expires on June 30, 1995,
8 and the employment of each such person as subdistrict
9 superintendent shall terminate on June 30, 1995. The board
10 shall have no obligation to compensate any such person as a
11 subdistrict superintendent after June 30, 1995.
12 (h) The general superintendent shall, in consultation
13 with local school councils, conduct an annual evaluation of
14 each principal in the district pursuant to guidelines
15 promulgated by the Board of Education.
16 (Source: P.A. 91-219, eff. 1-1-00; 91-622, eff. 8-19-99;
17 revised 10-13-99.)
18 (105 ILCS 5/34-18.18)
19 Sec. 34-18.18. Occupational standards. The Board shall
20 not require a student to meet occupational standards for
21 grade level promotion or graduation unless that student is
22 voluntarily enrolled in a job training program.
23 (Source: P.A. 91-175, eff. 1-1-00.)
24 (105 ILCS 5/34-18.19)
25 Sec. 34-18.19. 34-18.18. School safety assessment audit;
26 safety plan. The board of education shall require schools,
27 subject to the award of a grant by the State Board of
28 Education, to complete a school safety assessment audit, as
29 developed by the State Board of Education pursuant to Section
30 2-3.129, 2-3.126, and to develop a written safety plan or
31 revise their current safety plan to implement the criteria
32 developed by the State Board of Education, in cooperation
-514- LRB9111045EGfg
1 with the Task Force on School Safety, as specified in the
2 school safety assessment audit. The plan shall be subject to
3 approval by the board of education. Once approved, the
4 school shall file the plan with the State Board of Education
5 and the regional superintendent of schools. The State Board
6 of Education shall provide, subject to appropriation, grants
7 for the purposes of this Section.
8 (Source: P.A. 91-491, eff. 8-13-99; revised 11-8-99.)
9 (105 ILCS 5/34-18.20)
10 Sec. 34-18.20. 34-18.18. Time out and physical
11 restraint. Until rules are adopted under Section 2-3.130
12 2-3.126 of this Code, the use of any of the following rooms
13 or enclosures for time out purposes is prohibited:
14 (1) a locked room other than one with a locking
15 mechanism that engages only when a key or handle is being
16 held by a person;
17 (2) a confining space such as a closet or box;
18 (3) a room where the student cannot be continually
19 observed; or
20 (4) any other room or enclosure or time out
21 procedure that is contrary to current guidelines of the
22 State Board of Education.
23 The use of physical restraints is prohibited except when
24 (i) the student poses a physical risk to himself, herself, or
25 others, (ii) there is no medical contraindication to its use,
26 and (iii) the staff applying the restraint have been trained
27 in its safe application. For the purposes of this Section,
28 "restraint" does not include momentary periods of physical
29 restriction by direct person-to-person contact, without the
30 aid of material or mechanical devices, accomplished with
31 limited force and that are designed (i) to prevent a student
32 from completing an act that would result in potential
33 physical harm to himself, herself, or another or damage to
-515- LRB9111045EGfg
1 property or (ii) to remove a disruptive student who is
2 unwilling to voluntarily leave the area. The use of physical
3 restraints that meet the requirements of this Section may be
4 included in a student's individualized education plan where
5 deemed appropriate by the student's individualized education
6 plan team. Whenever physical restraints are used, school
7 personnel shall fully document the incident, including the
8 events leading up to the incident, the type of restraint
9 used, the length of time the student is restrained, and the
10 staff involved. The parents or guardian of a student shall
11 be informed whenever physical restraints are used.
12 (Source: P.A. 91-600, eff. 8-14-99; revised 11-8-99.)
13 Section 50. The Campus Security Act is amended by
14 changing Section 15 as follows:
15 (110 ILCS 12/15)
16 Sec. 15. Arrest reports.
17 (a) When an individual is arrested, the following
18 information must be made available to the news media for
19 inspection and copying:
20 (1) Information that identifies the individual
21 person, including the name, age, address, and photograph,
22 when and if available.
23 (2) Information detailing any charges relating to
24 the arrest.
25 (3) The time and location of the arrest.
26 (4) The name of the investigating or arresting law
27 enforcement agency.
28 (5) If the individual is incarcerated, the amount
29 of any bail or bond.
30 (6) If the individual is incarcerated, the time and
31 date that the individual was received, discharged, or
32 transferred from the arresting agency's custody.
-516- LRB9111045EGfg
1 (b) The information required by this Section must be
2 made available to the news media for inspection and copying
3 as soon as practicable, but in no event shall the time period
4 exceed 72 hours from the arrest. The information described
5 in paragraphs (3), (4), (5), and (6) 3, 4, 5, and 6 of
6 subsection (a), however, may be withheld if it is determined
7 that disclosure would:
8 (1) interfere with pending or actually and
9 reasonably contemplated law enforcement proceedings
10 conducted by any law enforcement or correctional agency;
11 (2) endanger the life or physical safety of law
12 enforcement or correctional personnel or any other
13 person; or
14 (3) compromise the security of any correctional
15 facility.
16 (c) For the purposes of this Section the term "news
17 media" means personnel of a newspaper or other periodical
18 issued at regular intervals, a news service, a radio station,
19 a television station, a community antenna television service,
20 or a person or corporation engaged in making news reels or
21 other motion picture news for public showing.
22 (d) Each law enforcement or correctional agency may
23 charge fees for arrest records, but in no instance may the
24 fee exceed the actual cost of copying and reproduction. The
25 fees may not include the cost of the labor used to reproduce
26 the arrest record.
27 (e) The provisions of this Section do not supersede the
28 confidentiality provisions for arrest records of the Juvenile
29 Court Act of 1987.
30 (Source: P.A. 91-309, eff. 7-29-99; revised 11-3-99.)
31 Section 51. The Public Community College Act is amended
32 by setting forth and renumbering multiple versions of Section
33 2-16.04 as follows:
-517- LRB9111045EGfg
1 (110 ILCS 805/2-16.04)
2 Sec. 2-16.04. Video Conferencing User Fund. The Video
3 Conferencing User Fund is created as a special fund in the
4 State treasury. The State Board may charge a fee to other
5 State agencies and non-State entities for the use of the
6 State Board's video conferencing facilities. This fee shall
7 be deposited into the Video Conferencing User Fund. All
8 money in the Video Conferencing User Fund shall be used,
9 subject to appropriation, by the State Board to pay for
10 telecommunications charges as billed by the Department of
11 Central Management Services and upgrades to the system as
12 needed.
13 (Source: P.A. 91-44, eff. 7-1-99.)
14 (110 ILCS 805/2-16.05)
15 Sec. 2-16.05. 2-16.04. The Academic Improvement Trust
16 Fund for Community College Foundations.
17 (a) The Academic Improvement Trust Fund for Community
18 College Foundations is created in the State treasury. All
19 moneys transferred, credited, deposited, or otherwise paid to
20 the Fund as provided in this Section shall be promptly
21 invested by the State Treasurer in accordance with law, and
22 all interest and other earnings accruing or received thereon
23 shall be credited and paid to the Fund. No moneys, interest,
24 or earnings transferred, credited, deposited, or otherwise
25 paid to the Academic Improvement Trust Fund for Community
26 College Foundations shall be transferred or allocated by the
27 Comptroller or Treasurer to any other fund, nor shall the
28 Governor authorize any such transfer or allocation, nor shall
29 any moneys, interest, or earnings transferred, credited,
30 deposited, or otherwise paid to the Fund be used, temporarily
31 or otherwise, for interfund borrowing, or be otherwise used
32 or appropriated, except to encourage private support in
33 enhancing community college foundations by providing
-518- LRB9111045EGfg
1 community college foundations with the opportunity to receive
2 and match challenge grants as provided in this Section.
3 (b) On the first day of fiscal year 2000 and each fiscal
4 year thereafter, or as soon thereafter as may be practicable,
5 the Comptroller shall order the transfer and the Treasurer
6 shall transfer from the General Revenue Fund to the Academic
7 Improvement Trust Fund for Community College Foundations the
8 amount of the fiscal year appropriation made to the State
9 Board for making challenge grants to community college
10 foundations as provided in this Section.
11 (c) For each fiscal year in which an appropriation and
12 transfer are made as provided in subsection (b), moneys
13 sufficient to provide each community college foundation with
14 the opportunity to match at least one $25,000 challenge grant
15 shall be reserved from moneys in the Academic Improvement
16 Trust Fund for Community College Foundations, and the balance
17 of the moneys in the Fund shall be available for matching by
18 any community college foundation. Moneys in the Academic
19 Improvement Trust Fund for Community College Foundations that
20 remain unmatched by contribution or pledge on April 1 of the
21 fiscal year in which an appropriation and transfer are made
22 as provided in subsection (b) shall also be available for
23 matching by any community college foundation, along with any
24 interest or earnings accruing to the unmatched portion of the
25 Fund. If for any fiscal year in which an appropriation and
26 transfer are made as provided in subsection (b) there are not
27 sufficient moneys which may be reserved in the Academic
28 Improvement Trust Fund for Community College Foundations to
29 provide each community college foundation with the
30 opportunity to match at least one $25,000 challenge grant,
31 the amount of the challenge grant that each community college
32 foundation shall have the opportunity to match for the fiscal
33 year shall be reduced from $25,000 to an amount equal to the
34 result obtained when the total of all moneys, interest, and
-519- LRB9111045EGfg
1 earnings in the Fund immediately following the appropriation
2 and transfer made for the fiscal year is divided by the
3 number of community college foundations then existing in this
4 State. The State Board shall promulgate rules prescribing
5 the form and content of applications made by community
6 college foundations for challenge grants under this Section.
7 These rules shall provide all community college foundations
8 with an opportunity to apply for challenge grants to be
9 awarded from any moneys in the Academic Improvement Trust
10 Fund for Community College Foundations in excess of the
11 moneys required to be reserved in the Fund for the purpose of
12 providing each community college foundation with the
13 opportunity to match at least one $25,000 challenge grant;
14 and the opportunity to apply for challenge grants to be
15 awarded from the excess moneys shall be afforded to all
16 community college foundations prior to awarding any challenge
17 grants from the excess moneys. No community college
18 foundation shall receive more than $100,000 in challenge
19 grants awarded from the excess moneys.
20 (d) Challenge grants shall be proportionately allocated
21 from the Academic Improvement Trust Fund for Community
22 College Foundations on the basis of matching each $2 of State
23 funds with $3 of local funds. The matching funds shall come
24 from contributions made after July 1, 1999, which are pledged
25 for the purpose of matching challenge grants. To be
26 eligible, a minimum of $10,000 must be raised from private
27 sources, and the contributions must be in excess of the total
28 average annual cash contributions made to the foundation at
29 each community college district in the 3 fiscal years before
30 July 1, 1999.
31 (e) Funds sufficient to provide the match shall be paid,
32 subject to appropriation, from the Academic Improvement Trust
33 Fund for Community College Foundations to the community
34 college foundation in increments of $5,000, after the initial
-520- LRB9111045EGfg
1 $10,000 is matched and released, and upon certification to
2 the Comptroller by the State Board that a proportionate
3 amount has been received and deposited by the community
4 college foundation in its own trust fund. However, no
5 community college foundation may receive more than $100,000,
6 above the original allocation, from the Academic Improvement
7 Trust Fund for Community College Foundations in any fiscal
8 year.
9 (f) The State Board shall certify, prepare, and submit
10 to the Comptroller vouchers setting forth the amount of each
11 challenge grant from time to time to be proportionately
12 allocated in accordance with this Section from the Academic
13 Improvement Trust Fund for Community College Foundations to
14 the community college foundation entitled to receive the
15 challenge grant, and the Comptroller shall cause his or her
16 warrants to be drawn for the respective amounts due, payable
17 from the Fund to the foundation.
18 (g) The board of each community college foundation shall
19 establish an academic improvement trust fund as a depository
20 for the private contributions and challenge grants allocated
21 to any such community college foundation from the Academic
22 Improvement Trust Fund for Community College Foundations.
23 Each community college foundation is responsible for the
24 maintenance, investment, and administration of its academic
25 improvement trust fund.
26 (h) The board of the community college foundation is
27 responsible for determining the uses for the proceeds of the
28 academic improvement trust fund established. Such uses may
29 include:
30 (1) scientific and technical equipment;
31 (2) professional development and training for
32 faculty; and
33 (3) student scholarships and other activities
34 appropriate to improving the quality of education at the
-521- LRB9111045EGfg
1 community college.
2 (i) The State Board may promulgate such additional rules
3 as are required to provide for the efficient operation and
4 administration of the challenge grant program established by
5 this Section.
6 (Source: P.A. 91-664, eff. 12-22-99; revised 1-12-00.)
7 Section 52. The Higher Education Student Assistance Act
8 is amended by changing Section 35 as follows:
9 (110 ILCS 947/35)
10 Sec. 35. Monetary award program.
11 (a) The Commission shall, each year, receive and
12 consider applications for grant assistance under this
13 Section. Subject to a separate appropriation for such
14 purposes, an applicant is eligible for a grant under this
15 Section when the Commission finds that the applicant:
16 (1) is a resident of this State and a citizen or
17 permanent resident of the United States; and
18 (2) in the absence of grant assistance, will be
19 deterred by financial considerations from completing an
20 educational program at the qualified institution of his
21 or her choice.
22 (b) The Commission shall award renewals only upon the
23 student's application and upon the Commission's finding that
24 the applicant:
25 (1) has remained a student in good standing;
26 (2) remains a resident of this State; and
27 (3) is in a financial situation that continues to
28 warrant assistance.
29 (c) All grants shall be applicable only to tuition and
30 necessary fee costs for 2 semesters or 3 quarters in an
31 academic year. Requests for summer term assistance will be
32 made separately and shall be considered on an individual
-522- LRB9111045EGfg
1 basis according to Commission policy. Each student who is
2 awarded a grant under this Section and is enrolled in summer
3 school classes shall be eligible for a summer school grant.
4 The summer school grant amount shall not exceed the lesser of
5 50 percent of the maximum annual grant amount authorized by
6 this Section or the actual cost of tuition and fees at the
7 institution at which the student is enrolled at least
8 part-time. For the regular academic year, the Commission
9 shall determine the grant amount for each full-time and
10 part-time student, which shall be the smallest of the
11 following amounts:
12 (1) $4,530 for 2 semesters or 3 quarters of
13 full-time undergraduate enrollment or $2,265 for 2
14 semesters or 3 quarters of part-time undergraduate
15 enrollment, or such lesser amount as the Commission finds
16 to be available; or
17 (2) the amount which equals the 2 semesters or 3
18 quarters tuition and other necessary fees required
19 generally by the institution of all full-time
20 undergraduate students, or in the case of part-time
21 students an amount of tuition and fees for 2 semesters or
22 3 quarters which shall not exceed one-half the amount of
23 tuition and necessary fees generally charged to full-time
24 undergraduate students by the institution; or
25 (3) such amount as the Commission finds to be
26 appropriate in view of the applicant's financial
27 resources.
28 "Tuition and other necessary fees" as used in this Section
29 include the customary charge for instruction and use of
30 facilities in general, and the additional fixed fees charged
31 for specified purposes, which are required generally of
32 nongrant recipients for each academic period for which the
33 grant applicant actually enrolls, but do not include fees
34 payable only once or breakage fees and other contingent
-523- LRB9111045EGfg
1 deposits which are refundable in whole or in part. The
2 Commission may prescribe, by rule not inconsistent with this
3 Section, detailed provisions concerning the computation of
4 tuition and other necessary fees.
5 (d) No applicant, including those presently receiving
6 scholarship assistance under this Act, is eligible for
7 monetary award program consideration under this Act after
8 receiving a baccalaureate degree or the equivalent of 10
9 semesters or 15 quarters of award payments. The Commission
10 shall determine when award payments for part-time enrollment
11 or interim or summer terms shall be counted as a partial
12 semester or quarter of payment.
13 (e) The Commission, in determining the number of grants
14 to be offered, shall take into consideration past experience
15 with the rate of grant funds unclaimed by recipients. The
16 Commission shall notify applicants that grant assistance is
17 contingent upon the availability of appropriated funds.
18 (f) The Commission may request appropriations for
19 deposit into the Monetary Award Program Reserve Fund. Monies
20 deposited into the Monetary Award Program Reserve Fund may be
21 expended exclusively for one purpose: to make Monetary Award
22 Program grants to eligible students. Amounts on deposit in
23 the Monetary Award Program Reserve Fund may not exceed 2% of
24 the current annual State appropriation for the Monetary Award
25 Program.
26 The purpose of the Monetary Award Program Reserve Fund is
27 to enable the Commission each year to assure as many students
28 as possible of their eligibility for a Monetary Award Program
29 grant and to do so before commencement of the academic year.
30 Moneys deposited in this Reserve Fund are intended to enhance
31 the Commission's management of the Monetary Award Program,
32 minimizing the necessity, magnitude, and frequency of
33 adjusting award amounts and ensuring that the annual Monetary
34 Award Program appropriation can be fully utilized.
-524- LRB9111045EGfg
1 (g) The Commission shall determine the eligibility of
2 and make grants to applicants enrolled at qualified
3 for-profit institutions in accordance with the criteria set
4 forth in this Section. The eligibility of applicants
5 enrolled at such for-profit institutions shall be limited as
6 follows:
7 (1) Beginning with the academic year 1997, only to
8 eligible first-time freshmen and first-time transfer
9 students who have attained an associate degree.
10 (2) Beginning with the academic year 1998, only to
11 eligible freshmen students, transfer students who have
12 attained an associate degree, and students who receive a
13 grant under paragraph (1) for the academic year 1997 and
14 whose grants are being renewed for the academic year
15 1998.
16 (3) Beginning with the academic year 1999, to all
17 eligible students.
18 (Source: P.A. 90-122, eff. 7-17-97; 90-647, eff. 7-24-98;
19 90-769, eff. 8-14-98; 91-249, eff. 7-22-99; 91-250, eff.
20 7-22-99; 91-357, eff. 7-29-99; revised 8-27-99.)
21 Section 53. The Illinois Insurance Code is amended by
22 changing Sections 143.13 and 370a and setting forth and
23 renumbering multiple versions of Section 356y as follows:
24 (215 ILCS 5/143.13) (from Ch. 73, par. 755.13)
25 Sec. 143.13. Definition of terms used in Sections 143.11
26 through 143.24.
27 (a) "Policy of automobile insurance" means a policy
28 delivered or issued for delivery in this State, insuring a
29 natural person as named insured or one or more related
30 individuals resident of the same household and under which
31 the insured vehicles therein designated are motor vehicles of
32 the private passenger, station wagon, or any other 4-wheeled
-525- LRB9111045EGfg
1 motor vehicle with a load capacity of 1500 pounds or less
2 which is not used in the occupation, profession or business
3 of the insured or not used as a public or livery conveyance
4 for passengers nor rented to others. Policy of automobile
5 insurance shall also mean a named non-owner's automobile
6 policy.
7 Policy of automobile insurance does not apply to policies
8 of automobile insurance issued under the Illinois Automobile
9 Insurance Plan, to any policy covering garages, automobile
10 sales agencies, repair shops, service stations or public
11 parking place operation hazards. "Policy of automobile
12 insurance" does not include a policy, binder, or application
13 for which the applicant gives or has given for the initial
14 premium a check or credit card charge that is subsequently
15 dishonored for payment, unless the check or credit card
16 charge was dishonored through no fault of the payor.
17 (b) "Policy of fire and extended coverage insurance"
18 means a policy delivered or issued for delivery in this
19 State, that includes but is not limited to, the perils of
20 fire and extended coverage, and covers real property used
21 principally for residential purposes up to and including a 4
22 family dwelling or any household or personal property that is
23 usual or incidental to the occupancy to any premises used for
24 residential purposes.
25 (c) "All other policies of personal lines" means any
26 other policy of insurance issued to a natural person for
27 personal or family protection.
28 (d) "Renewal" or "to renew" means (1) any change to an
29 entire line of business in accordance with subsection b-5 of
30 Section 143.17 and (2) the issuance and delivery by an
31 insurer of a policy superseding at the end of the policy
32 period a policy previously issued and delivered by the same
33 insurer or the issuance and delivery of a certificate or
34 notice extending the term of a policy beyond its policy
-526- LRB9111045EGfg
1 period or term; however, any successive policies issued by
2 the same insurer to the same insured, for the same or similar
3 coverage, shall be considered a renewal policy.
4 Any policy with a policy period or term of less than 6
5 months or any policy with no fixed expiration date shall be
6 considered as if written for successive policy periods or
7 terms of 6 months for the purpose of "renewal" or "to renew"
8 as defined in this paragraph (d) and for the purpose of any
9 non-renewal notice required by Section 143.17 of this Code.
10 (e) "Nonpayment of premium" means failure of the named
11 insured to discharge, when due, any of his obligations in
12 connection with the payment of premiums or any installment of
13 such premium that is payable directly to the insurer or to
14 its agent. Premium shall mean the premium that is due for an
15 individual policy which shall not include any membership dues
16 or other consideration required to be a member of any
17 organization in order to be eligible for such policy. The
18 term "nonpayment of premium" does not include a check, credit
19 card charge, or money order that an applicant gives or has
20 given to any person for the initial premium payment for a
21 policy, binder, or application and that is subsequently
22 dishonored for payment, and any policy, binder, or
23 application in connection therewith is void and of no effect
24 and not subject to the cancellation provisions of this Code.
25 (f) "A policy delivered or issued for delivery in this
26 State" shall include but not be limited to all binders of
27 insurance, whether written or oral, and all applications
28 bound for future delivery by a duly licensed resident agent.
29 A written binder of insurance issued for a term of 60 days or
30 less, which contains on its face a specific inception and
31 expiration date and which a copy has been furnished to the
32 insured, shall not be subject to the non-renewal requirements
33 of Section 143.17 of this Code.
34 (g) "Cancellation" or "cancelled" means the termination
-527- LRB9111045EGfg
1 of a policy by an insurer prior to the expiration date of the
2 policy. A policy of automobile or fire and extended coverage
3 insurance which expires by its own terms on the policy
4 expiration date unless advance premiums are received by the
5 insurer for succeeding policy periods shall not be considered
6 "cancelled" or a "cancellation" effected by the insurer in
7 the event such premiums are not paid on or before the policy
8 expiration date.
9 (h) "Commercial excess and umbrella liability policy"
10 means a policy written over one or more underlying policies
11 for an insured:
12 (1) that has at least 25 full-time employees at the
13 time the commercial excess and umbrella liability policy
14 is written and procures the insurance of any risk or
15 risks, other than life, accident and health, and annuity
16 contracts, as described in clauses (a) and (b) of Class 1
17 of Section 4 and clause (a) of Class 2 of Section 4, by
18 use of the services of a full-time employee acting as an
19 insurance manager or buyer; or
20 (2) whose aggregate annual premiums for all
21 property and casualty insurance on all risks is at least
22 $50,000.
23 (Source: P.A. 91-552, eff. 8-14-99; 91-597, eff. 1-1-00;
24 revised 10-25-99.)
25 (215 ILCS 5/356y)
26 (Section scheduled to be repealed on January 1, 2003)
27 Sec. 356y. Coverage for investigational cancer
28 treatments.
29 (a) An insurer that issues, delivers, amends, or renews
30 an individual or group policy of accident and health
31 insurance in this State more than 120 days after the
32 effective date of this amendatory Act of the 91st General
33 Assembly must offer to the applicant or policyholder coverage
-528- LRB9111045EGfg
1 for routine patient care of insureds, when medically
2 appropriate and the insured has a terminal condition related
3 to cancer that according to the diagnosis of the treating
4 physician, licensed to practice medicine in all its branches,
5 is considered life threatening, to participate in an approved
6 cancer research trial and shall provide coverage for the
7 patient care provided pursuant to investigational cancer
8 treatments as provided in subsection (b). Coverage under
9 this Section may have an annual benefit limit of $10,000.
10 (b) Coverage shall include routine patient care costs
11 such as blood tests, x-rays, bone scans, magnetic resonance
12 images, patient visits, hospital stays, or other similar
13 costs generally incurred by the insured party in standard
14 cancer treatment. Routine patient care costs specifically
15 shall not include the cost of any clinical trial therapies,
16 regimens, or combinations thereof, any drugs or
17 pharmaceuticals in connection with an approved clinical
18 trial, any costs associated with the provision of any goods,
19 services, or benefits that are generally furnished without
20 charge in connection with an approved clinical trial program
21 for treatment of cancer, any additional costs associated with
22 the provision of any goods, services, or benefits that
23 previously have been provided to, paid for, or reimbursed, or
24 any other similar costs. Routine patient care costs shall
25 specifically not include costs for treatments or services
26 prescribed for the convenience of the insured, enrollee, or
27 physician. It is specifically the intent of this Section not
28 to relieve the sponsor or a clinical trial program of
29 financial responsibility for accepted costs of the program.
30 (c) For purposes of this Section, coverage is provided
31 only for cancer trials that meet each of the following
32 criteria:
33 (1) the effectiveness of the treatment has not been
34 determined relative to established therapies;
-529- LRB9111045EGfg
1 (2) the trial is under clinical investigation as
2 part of an approved cancer research trial in Phase II,
3 Phase III, or Phase IV of investigation;
4 (3) the trial is approved by the U.S. Secretary of
5 Health and Human Services, the Director of the National
6 Institutes of Health, the Commissioner of the Food and
7 Drug Administration (through an investigational new drug
8 exemption under Section 505(l) of the federal Food, Drug,
9 and Cosmetic Act or an investigational device exemption
10 under Section 520(g) of that Act), or a qualified
11 nongovernmental cancer research entity as defined in
12 guidelines of the National Institutes of Health or a peer
13 reviewed and approved cancer research program, as defined
14 by the U.S. Secretary of Health and Human Services,
15 conducted for the primary purpose of determining whether
16 or not a cancer treatment is safe or efficacious or has
17 any other characteristic of a cancer treatment that must
18 be demonstrated in order for the cancer treatment to be
19 medically necessary or appropriate;
20 (4) the trial is being conducted at multiple sites
21 throughout the State;
22 (5) the patient's primary care physician, if any,
23 is involved in the coordination of care; and
24 (6) the results of the investigational trial will
25 be submitted for publication in peer-reviewed scientific
26 studies, research, or literature published in or accepted
27 for publication by medical journals that meet nationally
28 recognized requirements for scientific manuscripts and
29 that submit most of their published articles for review
30 by experts who are not part of the editorial staff.
31 These studies may include those conducted by or under the
32 auspices of the federal government's Agency for Health
33 Care Policy and Research, National Institutes of Health,
34 National Cancer Institute, National Academy of Sciences,
-530- LRB9111045EGfg
1 Health Care Financing Administration, and any national
2 board recognized by the National Institutes of Health for
3 the purpose of evaluating the medical value of health
4 services.
5 (d) This Section is repealed on January 1, 2003.
6 (Source: P.A. 91-406, eff. 1-1-00; revised 10-18-99.)
7 (215 ILCS 5/356z)
8 Sec. 356z. 356y. Timely payment for health care
9 services.
10 (a) This Section applies to insurers, health maintenance
11 organizations, managed care plans, health care plans,
12 preferred provider organizations, third party administrators,
13 independent practice associations, and physician-hospital
14 organizations (hereinafter referred to as "payors") that
15 provide periodic payments, which are payments not requiring a
16 claim, bill, capitation encounter data, or capitation
17 reconciliation reports, such as prospective capitation
18 payments, to health care professionals and health care
19 facilities to provide medical or health care services for
20 insureds or enrollees.
21 (1) A payor shall make periodic payments in
22 accordance with item (3). Failure to make periodic
23 payments within the period of time specified in item (3)
24 shall entitle the health care professional or health care
25 facility to interest at the rate of 9% per year from the
26 date payment was required to be made to the date of the
27 late payment, provided that interest amounting to less
28 than $1 need not be paid. Any required interest payments
29 shall be made within 30 days after the payment.
30 (2) When a payor requires selection of a health
31 care professional or health care facility, the selection
32 shall be completed by the insured or enrollee no later
33 than 30 days after enrollment. The payor shall provide
-531- LRB9111045EGfg
1 written notice of this requirement to all insureds and
2 enrollees. Nothing in this Section shall be construed to
3 require a payor to select a health care professional or
4 health care facility for an insured or enrollee.
5 (3) A payor shall provide the health care
6 professional or health care facility with notice of the
7 selection as a health care professional or health care
8 facility by an insured or enrollee and the effective date
9 of the selection within 60 calendar days after the
10 selection. No later than the 60th day following the date
11 an insured or enrollee has selected a health care
12 professional or health care facility or the date that
13 selection becomes effective, whichever is later, or in
14 cases of retrospective enrollment only, 30 days after
15 notice by an employer to the payor of the selection, a
16 payor shall begin periodic payment of the required
17 amounts to the insured's or enrollee's health care
18 professional or health care facility, or the designee of
19 either, calculated from the date of selection or the date
20 the selection becomes effective, whichever is later. All
21 subsequent payments shall be made in accordance with a
22 monthly periodic cycle.
23 (b) Notwithstanding any other provision of this Section,
24 independent practice associations and physician-hospital
25 organizations shall begin making periodic payment of the
26 required amounts within 60 days after an insured or enrollee
27 has selected a health care professional or health care
28 facility or the date that selection becomes effective,
29 whichever is later. Before January 1, 2001, subsequent
30 periodic payments shall be made in accordance with a 60-day
31 periodic schedule, and after December 31, 2000, subsequent
32 periodic payments shall be made in accordance with a monthly
33 periodic schedule.
34 Notwithstanding any other provision of this Section,
-532- LRB9111045EGfg
1 independent practice associations and physician-hospital
2 organizations shall make all other payments for health
3 services within 60 days after receipt of due proof of loss
4 received before January 1, 2001 and within 30 days after
5 receipt of due proof of loss received after December 31,
6 2000. Independent practice associations and
7 physician-hospital organizations shall notify the insured,
8 insured's assignee, health care professional, or health care
9 facility of any failure to provide sufficient documentation
10 for a due proof of loss within 30 days after receipt of the
11 claim for health services.
12 Failure to pay within the required time period shall
13 entitle the payee to interest at the rate of 9% per year from
14 the date the payment is due to the date of the late payment,
15 provided that interest amounting to less that $1 need not be
16 paid. Any required interest payments shall be made within 30
17 days after the payment.
18 (c) All insurers, health maintenance organizations,
19 managed care plans, health care plans, preferred provider
20 organizations, and third party administrators shall ensure
21 that all claims and indemnities concerning health care
22 services other than for any periodic payment shall be paid
23 within 30 days after receipt of due written proof of such
24 loss. An insured, insured's assignee, health care
25 professional, or health care facility shall be notified of
26 any known failure to provide sufficient documentation for a
27 due proof of loss within 30 days after receipt of the claim
28 for health care services. Failure to pay within such period
29 shall entitle the payee to interest at the rate of 9% per
30 year from the 30th day after receipt of such proof of loss to
31 the date of late payment, provided that interest amounting to
32 less than one dollar need not be paid. Any required interest
33 payments shall be made within 30 days after the payment.
34 (d) The Department shall enforce the provisions of this
-533- LRB9111045EGfg
1 Section pursuant to the enforcement powers granted to it by
2 law.
3 (e) The Department is hereby granted specific authority
4 to issue a cease and desist order, fine, or otherwise
5 penalize independent practice associations and
6 physician-hospital organizations that violate this Section.
7 The Department shall adopt reasonable rules to enforce
8 compliance with this Section by independent practice
9 associations and physician-hospital organizations.
10 (Source: P.A. 91-605, eff. 12-14-99; revised 10-18-99.)
11 (215 ILCS 5/370a) (from Ch. 73, par. 982a)
12 Sec. 370a. Assignability of Accident and Health
13 Insurance. No provision of the Illinois Insurance Code, or
14 any other law, prohibits an insured under any policy of
15 accident and health insurance or any other person who may be
16 the owner of any rights under such policy from making an
17 assignment of all or any part of his rights and privileges
18 under the policy including but not limited to the right to
19 designate a beneficiary and to have an individual policy
20 issued in accordance with its terms. Subject to the terms of
21 the policy or any contract relating thereto, an assignment by
22 an insured or by any other owner of rights under the policy,
23 made before or after the effective date of this amendatory
24 Act of 1969 is valid for the purpose of vesting in the
25 assignee, in accordance with any provisions included therein
26 as to the time at which it is effective, all rights and
27 privileges so assigned. However, such assignment is without
28 prejudice to the company on account of any payment it makes
29 or individual policy it issues before receipt of notice of
30 the assignment. This amendatory Act of 1969 acknowledges,
31 declares and codifies the existing right of assignment of
32 interests under accident and health insurance policies. If an
33 enrollee or insured of an insurer, health maintenance
-534- LRB9111045EGfg
1 organization, managed care plan, health care plan, preferred
2 provider organization, or third party administrator assigns a
3 claim to a health care professional or health care facility,
4 then payment shall be made directly to the health care
5 professional or health care facility including any interest
6 required under Section 356z 356y of this Code for failure to
7 pay claims within 30 days after receipt by the insurer of due
8 proof of loss. Nothing in this Section shall be construed to
9 prevent any parties from reconciling duplicate payments.
10 (Source: P.A. 91-605, eff. 12-14-99; revised 10-18-99.)
11 Section 54. The Children's Health Insurance Program Act
12 is amended by changing Section 22 as follows:
13 (215 ILCS 106/22)
14 Sec. 22. Enrollment in program. The Department shall
15 develop procedures to allow community providers, and schools,
16 youth service agencies, employers, labor unions, local
17 chambers of commerce, and religious organizations to assist
18 in enrolling children in the Program.
19 (Source: P.A. 91-470, eff. 8-10-99; 91-471, eff. 8-10-99;
20 revised 10-19-99.)
21 Section 55. The Health Maintenance Organization Act is
22 amended by changing Sections 1-3, 2-7, and 5-3 as follows:
23 (215 ILCS 125/1-3) (from Ch. 111 1/2, par. 1402.1)
24 Sec. 1-3. Definitions of admitted assets. "Admitted
25 Assets" includes the investments authorized or permitted by
26 Section 3-1 of this Act and, in addition thereto, only the
27 following: Section
28 (1) Amounts due from affiliates pursuant to
29 management contracts or service agreements which meet the
30 requirements of Section 141.1 of the Illinois Insurance
-535- LRB9111045EGfg
1 Code to the extent that the affiliate has liquid assets
2 with which to pay the balance and maintain its accounts
3 on a current basis; provided that the aggregate amount
4 due from affiliates may not exceed the lesser of 10% of
5 the organization's admitted assets or 25% of the
6 organization's net worth as defined in Section 3-1. Any
7 amount outstanding more than 3 months shall be deemed not
8 current. For purpose of this subsection "affiliates" are
9 as defined in Article VIII 1/2 of the Illinois Insurance
10 Code.
11 (2) Amounts advanced to providers under contract to
12 the organization for services to be rendered to enrollees
13 pursuant to the contract. Amounts advanced must be for
14 period of not more than 3 months and must be based on
15 historical or estimated utilization patterns with the
16 provider and must be reconciled against actual incurred
17 claims at least semi-annually. Amounts due in the
18 aggregate may not exceed 50% of the organization's net
19 worth as defined in Section 3-1. Amounts due from a
20 single provider may not exceed the lesser of 5% of the
21 organization's admitted assets or 10% of the
22 organization's net worth.
23 (3) Amounts permitted under Section 2-7.
24 (Source: P.A. 91-357, eff. 7-29-99; 91-549, eff. 8-14-99;
25 revised 8-27-99.)
26 (215 ILCS 125/2-7) (from Ch. 111 1/2, par. 1407)
27 Sec. 2-7. Annual statement; audited financial reports.
28 ;;
29 (a) A health maintenance organization shall file with
30 the Director by March 1st in each year 2 copies of its
31 financial statement for the year ending December 31st
32 immediately preceding on forms prescribed by the Director,
33 which shall conform substantially to the form of statement
-536- LRB9111045EGfg
1 adopted by the National Association of Insurance
2 Commissioners. Unless the Director provides otherwise, the
3 annual statement is to be prepared in accordance with the
4 annual statement instructions and the Accounting Practices
5 and Procedures Manual adopted by the National Association of
6 Insurance Commissioners. The Director shall have power to
7 make such modifications and additions in this form as he may
8 deem desirable or necessary to ascertain the condition and
9 affairs of the organization. The Director shall have
10 authority to extend the time for filing any statement by any
11 organization for reasons which he considers good and
12 sufficient. The statement shall be verified by oaths of the
13 president and secretary of the organization or, in their
14 absence, by 2 other principal officers. In addition, any
15 organization may be required by the Director, when he
16 considers that action to be necessary and appropriate for the
17 protection of enrollees, creditors, shareholders,
18 subscribers, or claimants, to file, within 60 days after
19 mailing to the organization a notice that such is required, a
20 supplemental summary statement as of the last day of any
21 calendar month occurring during the 100 days next preceding
22 the mailing of such notice designated by him on forms
23 prescribed and furnished by the Director. The Director may
24 require supplemental summary statements to be certified by an
25 independent actuary deemed competent by the Director or by an
26 independent certified public accountant. filed
27 (b) Audited financial reports shall be filed on or
28 before June 1 of each year for the two calendar years
29 immediately preceding and shall provide an opinion expressed
30 by an independent certified public accountant on the
31 accompanying financial statement of the Health Maintenance
32 Organization and a detailed reconciliation for any
33 differences between the accompanying financial statements and
34 each of the related financial statements filed in accordance
-537- LRB9111045EGfg
1 with subsection (a) of this Section. Any organization
2 failing, without just cause, to file the annual audited
3 financial statement as required in this Act shall be
4 required, after the notice and hearing, to pay a penalty of
5 $100 for each day's delay, to be recovered by the Director of
6 Insurance of the State of Illinois and the penalty so
7 recovered shall be paid into the General Revenue Fund of the
8 State of Illinois. The Director may reduce the penalty if
9 the organization demonstrates to the Director that the
10 imposition of the penalty would constitute a financial
11 hardship to the organization.
12 (c) The Director may require that additional summary
13 financial information be filed no more often than 3 times per
14 year on reporting forms provided by him. However, he may
15 request certain key information on a more frequent basis if
16 necessary for a determination of the financial viability of
17 the organization.
18 (d) The Director shall have the authority to extend the
19 time for filing any statement by any organization for reasons
20 which the Director considers good and sufficient.
21 (Source: P.A. 91-357, eff. 7-29-99; 91-549, eff. 8-14-99;
22 revised 8-27-99.)
23 (215 ILCS 125/5-3) (from Ch. 111 1/2, par. 1411.2)
24 Sec. 5-3. Insurance Code provisions.
25 (a) Health Maintenance Organizations shall be subject to
26 the provisions of Sections 133, 134, 137, 140, 141.1, 141.2,
27 141.3, 143, 143c, 147, 148, 149, 151, 152, 153, 154, 154.5,
28 154.6, 154.7, 154.8, 155.04, 355.2, 356m, 356v, 356w, 356x,
29 356y, 356z, 367i, 401, 401.1, 402, 403, 403A, 408, 408.2,
30 409, 412, 444, and 444.1, paragraph (c) of subsection (2) of
31 Section 367, and Articles IIA, VIII 1/2, XII, XII 1/2, XIII,
32 XIII 1/2, XXV, and XXVI of the Illinois Insurance Code.
33 (b) For purposes of the Illinois Insurance Code, except
-538- LRB9111045EGfg
1 for Sections 444 and 444.1 and Articles XIII and XIII 1/2,
2 Health Maintenance Organizations in the following categories
3 are deemed to be "domestic companies":
4 (1) a corporation authorized under the Dental
5 Service Plan Act or the Voluntary Health Services Plans
6 Act;
7 (2) a corporation organized under the laws of this
8 State; or
9 (3) a corporation organized under the laws of
10 another state, 30% or more of the enrollees of which are
11 residents of this State, except a corporation subject to
12 substantially the same requirements in its state of
13 organization as is a "domestic company" under Article
14 VIII 1/2 of the Illinois Insurance Code.
15 (c) In considering the merger, consolidation, or other
16 acquisition of control of a Health Maintenance Organization
17 pursuant to Article VIII 1/2 of the Illinois Insurance Code,
18 (1) the Director shall give primary consideration
19 to the continuation of benefits to enrollees and the
20 financial conditions of the acquired Health Maintenance
21 Organization after the merger, consolidation, or other
22 acquisition of control takes effect;
23 (2)(i) the criteria specified in subsection (1)(b)
24 of Section 131.8 of the Illinois Insurance Code shall not
25 apply and (ii) the Director, in making his determination
26 with respect to the merger, consolidation, or other
27 acquisition of control, need not take into account the
28 effect on competition of the merger, consolidation, or
29 other acquisition of control;
30 (3) the Director shall have the power to require
31 the following information:
32 (A) certification by an independent actuary of
33 the adequacy of the reserves of the Health
34 Maintenance Organization sought to be acquired;
-539- LRB9111045EGfg
1 (B) pro forma financial statements reflecting
2 the combined balance sheets of the acquiring company
3 and the Health Maintenance Organization sought to be
4 acquired as of the end of the preceding year and as
5 of a date 90 days prior to the acquisition, as well
6 as pro forma financial statements reflecting
7 projected combined operation for a period of 2
8 years;
9 (C) a pro forma business plan detailing an
10 acquiring party's plans with respect to the
11 operation of the Health Maintenance Organization
12 sought to be acquired for a period of not less than
13 3 years; and
14 (D) such other information as the Director
15 shall require.
16 (d) The provisions of Article VIII 1/2 of the Illinois
17 Insurance Code and this Section 5-3 shall apply to the sale
18 by any health maintenance organization of greater than 10% of
19 its enrollee population (including without limitation the
20 health maintenance organization's right, title, and interest
21 in and to its health care certificates).
22 (e) In considering any management contract or service
23 agreement subject to Section 141.1 of the Illinois Insurance
24 Code, the Director (i) shall, in addition to the criteria
25 specified in Section 141.2 of the Illinois Insurance Code,
26 take into account the effect of the management contract or
27 service agreement on the continuation of benefits to
28 enrollees and the financial condition of the health
29 maintenance organization to be managed or serviced, and (ii)
30 need not take into account the effect of the management
31 contract or service agreement on competition.
32 (f) Except for small employer groups as defined in the
33 Small Employer Rating, Renewability and Portability Health
34 Insurance Act and except for medicare supplement policies as
-540- LRB9111045EGfg
1 defined in Section 363 of the Illinois Insurance Code, a
2 Health Maintenance Organization may by contract agree with a
3 group or other enrollment unit to effect refunds or charge
4 additional premiums under the following terms and conditions:
5 (i) the amount of, and other terms and conditions
6 with respect to, the refund or additional premium are set
7 forth in the group or enrollment unit contract agreed in
8 advance of the period for which a refund is to be paid or
9 additional premium is to be charged (which period shall
10 not be less than one year); and
11 (ii) the amount of the refund or additional premium
12 shall not exceed 20% of the Health Maintenance
13 Organization's profitable or unprofitable experience with
14 respect to the group or other enrollment unit for the
15 period (and, for purposes of a refund or additional
16 premium, the profitable or unprofitable experience shall
17 be calculated taking into account a pro rata share of the
18 Health Maintenance Organization's administrative and
19 marketing expenses, but shall not include any refund to
20 be made or additional premium to be paid pursuant to this
21 subsection (f)). The Health Maintenance Organization and
22 the group or enrollment unit may agree that the
23 profitable or unprofitable experience may be calculated
24 taking into account the refund period and the immediately
25 preceding 2 plan years.
26 The Health Maintenance Organization shall include a
27 statement in the evidence of coverage issued to each enrollee
28 describing the possibility of a refund or additional premium,
29 and upon request of any group or enrollment unit, provide to
30 the group or enrollment unit a description of the method used
31 to calculate (1) the Health Maintenance Organization's
32 profitable experience with respect to the group or enrollment
33 unit and the resulting refund to the group or enrollment unit
34 or (2) the Health Maintenance Organization's unprofitable
-541- LRB9111045EGfg
1 experience with respect to the group or enrollment unit and
2 the resulting additional premium to be paid by the group or
3 enrollment unit.
4 In no event shall the Illinois Health Maintenance
5 Organization Guaranty Association be liable to pay any
6 contractual obligation of an insolvent organization to pay
7 any refund authorized under this Section.
8 (Source: P.A. 90-25, eff. 1-1-98; 90-177, eff. 7-23-97;
9 90-372, eff. 7-1-98; 90-583, eff. 5-29-98; 90-655, eff.
10 7-30-98; 90-741, eff. 1-1-99; 91-357, eff. 7-29-99; 91-406,
11 eff. 1-1-00; 91-549, eff. 8-14-99; 91-605, eff. 12-14-99;
12 revised 10-18-99.)
13 Section 56. The Limited Health Service Organization Act
14 is amended by changing Section 4003 as follows:
15 (215 ILCS 130/4003) (from Ch. 73, par. 1504-3)
16 Sec. 4003. Illinois Insurance Code provisions. Limited
17 health service organizations shall be subject to the
18 provisions of Sections 133, 134, 137, 140, 141.1, 141.2,
19 141.3, 143, 143c, 147, 148, 149, 151, 152, 153, 154, 154.5,
20 154.6, 154.7, 154.8, 155.04, 355.2, 356v, 356z, 356y, 401,
21 401.1, 402, 403, 403A, 408, 408.2, 409, 412, 444, and 444.1
22 and Articles IIA, VIII 1/2, XII, XII 1/2, XIII, XIII 1/2,
23 XXV, and XXVI of the Illinois Insurance Code. For purposes
24 of the Illinois Insurance Code, except for Sections 444 and
25 444.1 and Articles XIII and XIII 1/2, limited health service
26 organizations in the following categories are deemed to be
27 domestic companies:
28 (1) a corporation under the laws of this State; or
29 (2) a corporation organized under the laws of
30 another state, 30% of more of the enrollees of which are
31 residents of this State, except a corporation subject to
32 substantially the same requirements in its state of
-542- LRB9111045EGfg
1 organization as is a domestic company under Article VIII
2 1/2 of the Illinois Insurance Code.
3 (Source: P.A. 90-25, eff. 1-1-98; 90-583, eff. 5-29-98;
4 90-655, eff. 7-30-98; 91-549, eff. 8-14-99; 91-605, eff.
5 12-14-99; revised 10-18-99.)
6 Section 57. The Service Contract Act is amended by
7 changing Section 10 as follows:
8 (215 ILCS 152/10)
9 Sec. 10. Exemptions. Service contract providers and
10 related service contract sellers and administrators complying
11 with this Act are not required to comply with and are not
12 subject to any provision of the Illinois Insurance Code. A
13 service contract provider who is the manufacturer or a
14 wholly-owned subsidiary of the manufacturer of the product or
15 the builder, seller, or lessor of the product that is the
16 subject of the service contract is required to comply only
17 with Sections 30, 35, 45, and 50 of this Act; except that, a
18 service contract provider who sells a motor vehicle,
19 excluding a motorcycle as defined in Section 1-147 of the
20 Illinois Vehicle Code, or who leases, but is not the
21 manufacturer of, the motor vehicle, excluding a motorcycle as
22 defined in Section 1-147 of the Illinois Vehicle Code, that
23 is the subject of the service contract must comply with this
24 Act in its entirety. Contracts for the repair and monitoring
25 of private alarm or private security systems regulated under
26 the Private Detective, Private Alarm, Private Security, and
27 Locksmith Act of 1993 are not required to comply with this
28 Act and are not subject to any provision of the Illinois
29 Insurance Code.
30 (Source: P.A. 90-711, eff. 8-7-98; 90-817, eff. 3-23-99;
31 91-430, eff. 1-1-00; revised 10-19-99.)
-543- LRB9111045EGfg
1 Section 58. The Title Insurance Act is amended by
2 changing Section 3 as follows:
3 (215 ILCS 155/3) (from Ch. 73, par. 1403)
4 Sec. 3. As used in this Act, the words and phrases
5 following shall have the following meanings unless the
6 context requires otherwise:
7 (1) "Title insurance business" or "business of title
8 insurance" means:
9 (A) Issuing as insurer or offering to issue as
10 insurer title insurance; and
11 (B) Transacting or proposing to transact one or
12 more of the following activities when conducted or
13 performed in contemplation of or in conjunction with the
14 issuance of title insurance;
15 (i) soliciting or negotiating the issuance of
16 title insurance;
17 (ii) guaranteeing, warranting, or otherwise
18 insuring the correctness of title searches for all
19 instruments affecting titles to real property, any
20 interest in real property, cooperative units and
21 proprietary leases, and for all liens or charges
22 affecting the same;
23 (iii) handling of escrows, settlements, or
24 closings;
25 (iv) executing title insurance policies;
26 (v) effecting contracts of reinsurance;
27 (vi) abstracting, searching, or examining
28 titles; or
29 (vii) issuing closing protection letters;
30 (C) Guaranteeing, warranting, or insuring searches
31 or examinations of title to real property or any interest
32 in real property, with the exception of preparing an
33 attorney's opinion of title; or
-544- LRB9111045EGfg
1 (D) Guaranteeing or warranting the status of title
2 as to ownership of or liens on real property and personal
3 property by any person other than the principals to the
4 transaction; or
5 (E) Doing or proposing to do any business
6 substantially equivalent to any of the activities listed
7 in this subsection, provided that the preparation of an
8 attorney's opinion of title pursuant to paragraph (1)(C)
9 is not intended to be within the definition of "title
10 insurance business" or "business of title insurance".
11 (1.5) "Title insurance" means insuring, guaranteeing,
12 warranting, or indemnifying owners of real or personal
13 property or the holders of liens or encumbrances thereon or
14 others interested therein against loss or damage suffered by
15 reason of liens, encumbrances upon, defects in, or the
16 unmarketability of the title to the property; the invalidity
17 or unenforceability of any liens or encumbrances thereon; or
18 doing any business in substance equivalent to any of the
19 foregoing. "Warranting" for purpose of this provision shall
20 not include any warranty contained in instruments of
21 encumbrance or conveyance. An attorney's opinion of title
22 pursuant to paragraph (1)(C) is not intended to be within the
23 definition of "title insurance".
24 (2) "Title insurance company" means any domestic company
25 organized under the laws of this State for the purpose of
26 conducting the business of guaranteeing or insuring titles to
27 real estate and any title insurance company organized under
28 the laws of another State, the District of Columbia or
29 foreign government and authorized to transact the business of
30 guaranteeing or insuring titles to real estate in this State.
31 (3) "Title insurance agent" means a person, firm,
32 partnership, association, corporation or other legal entity
33 registered by a title insurance company and authorized by
34 such company to determine insurability of title in accordance
-545- LRB9111045EGfg
1 with generally acceptable underwriting rules and standards in
2 reliance on either the public records or a search package
3 prepared from a title plant, or both, and authorized in
4 addition to do any of the following: act as an escrow agent,
5 solicit title insurance, collect premiums, issue title
6 reports, binders or commitments to insure and policies in its
7 behalf, provided, however, the term "title insurance agent"
8 shall not include officers and salaried employees of any
9 title insurance company.
10 (4) "Producer of title business" is any person, firm,
11 partnership, association, corporation or other legal entity
12 engaged in this State in the trade, business, occupation or
13 profession of (i) buying or selling interests in real
14 property, (ii) making loans secured by interests in real
15 property, or (iii) acting as broker, agent, attorney, or
16 representative of natural persons or other legal entities
17 that buy or sell interests in real property or that lend
18 money with such interests as security.
19 (5) "Associate" is any firm, association, partnership,
20 corporation or other legal entity organized for profit in
21 which a producer of title business is a director, officer, or
22 partner thereof, or owner of a financial interest, as defined
23 herein, in such entity; any legal entity that controls, is
24 controlled by, or is under common control with a producer of
25 title business; and any natural person or legal entity with
26 whom a producer of title business has any agreement,
27 arrangement, or understanding or pursues any course of
28 conduct the purpose of which is to evade the provisions of
29 this Act.
30 (6) "Financial interest" is any ownership interest,
31 legal or beneficial, except ownership of publicly traded
32 stock.
33 (7) "Refer" means to place or cause to be placed, or to
34 exercise any power or influence over the placing of title
-546- LRB9111045EGfg
1 business, whether or not the consent or approval of any other
2 person is sought or obtained with respect to the referral.
3 (8) "Escrow Agent" means any title insurance company or
4 any title insurance agent acting on behalf of a title
5 insurance company which receives deposits, in trust, of funds
6 or documents, or both, for the purpose of effecting the sale,
7 transfer, encumbrance or lease of real property to be held by
8 such escrow agent until title to the real property that is
9 the subject of the escrow is in a prescribed condition.
10 (9) "Independent Escrowee" means any firm, person,
11 partnership, association, corporation or other legal entity,
12 other than a title insurance company or a title insurance
13 agent, which receives deposits, in trust, of funds or
14 documents, or both, for the purpose of effecting the sale,
15 transfer, encumbrance or lease of real property to be held by
16 such escrowee until title to the real property that is the
17 subject of the escrow is in a prescribed condition. Federal
18 and State chartered banks, savings and loan associations,
19 credit unions, mortgage bankers, banks or trust companies
20 authorized to do business under the Illinois Corporate
21 Fiduciary Act, licensees under the Consumer Installment Loan
22 Act, real estate brokers licensed pursuant to the Real Estate
23 License Act of 2000, as such Acts are now or hereafter
24 amended, and licensed attorneys when engaged in the
25 attorney-client relationship are exempt from the escrow
26 provisions of this Act.
27 (10) "Single risk" means the insured amount of any title
28 insurance policy, except that where 2 or more title insurance
29 policies are issued simultaneously covering different estates
30 in the same real property, "single risk" means the sum of the
31 insured amounts of all such title insurance policies. Any
32 title insurance policy insuring a mortgage interest, a claim
33 payment under which reduces the insured amount of a fee or
34 leasehold title insurance policy, shall be excluded in
-547- LRB9111045EGfg
1 computing the amount of a single risk to the extent that the
2 insured amount of the mortgage title insurance policy does
3 not exceed the insured amount of the fee or leasehold title
4 insurance policy.
5 (11) "Department" means the Department of Financial
6 Institutions.
7 (12) "Director" means the Director of Financial
8 Institutions.
9 (13) "Insured closing letter" or "closing protection
10 letter" means an indemnification or undertaking to a party to
11 a real estate transaction, from a principal such as a title
12 insurance company or similar entity, setting forth in writing
13 the extent of the principal's responsibility for intentional
14 misconduct or errors in closing the real estate transaction
15 on the part of a settlement agent, such as a title insurance
16 agent or other settlement service provider.
17 (Source: P.A. 91-159, eff. 1-1-00; 91-245, eff. 12-31-99;
18 revised 8-12-99.)
19 Section 59. The Voluntary Health Services Plans Act is
20 amended by changing Section 10 as follows:
21 (215 ILCS 165/10) (from Ch. 32, par. 604)
22 Sec. 10. Application of Insurance Code provisions.
23 Health services plan corporations and all persons interested
24 therein or dealing therewith shall be subject to the
25 provisions of Articles IIA and XII 1/2 and Sections 3.1, 133,
26 140, 143, 143c, 149, 354, 355.2, 356r, 356t, 356u, 356v,
27 356w, 356x, 356y, 356z, 367.2, 401, 401.1, 402, 403, 403A,
28 408, 408.2, and 412, and paragraphs (7) and (15) of Section
29 367 of the Illinois Insurance Code.
30 (Source: P.A. 90-7, eff. 6-10-97; 90-25, eff. 1-1-98; 90-655,
31 eff. 7-30-98; 90-741, eff. 1-1-99; 91-406, eff. 1-1-00;
32 91-549, eff. 8-14-99; 91-605, eff. 12-14-99; revised
-548- LRB9111045EGfg
1 10-18-99.)
2 Section 60. The Public Utilities Act is amended by
3 changing Section 4-101 as follows:
4 (220 ILCS 5/4-101) (from Ch. 111 2/3, par. 4-101)
5 Sec. 4-101. The Commerce Commission shall have general
6 supervision of all public utilities, except as otherwise
7 provided in this Act, shall inquire into the management of
8 the business thereof and shall keep itself informed as to the
9 manner and method in which the business is conducted. It
10 shall examine those public utilities and keep informed as to
11 their general condition, their franchises, capitalization,
12 rates and other charges, and the manner in which their
13 plants, equipment and other property owned, leased,
14 controlled or operated are managed, conducted and operated,
15 not only with respect to the adequacy, security and
16 accommodation afforded by their service but also with respect
17 to their compliance with this Act and any other law, with the
18 orders of the Commission and with the charter and franchise
19 requirements.
20 Whenever the Commission is authorized or required by law
21 to consider some aspect of criminal history record
22 information for the purpose of carrying out its statutory
23 powers and responsibilities, then, upon request and payment
24 of fees in conformance with the requirements of Section
25 2605-400 of the Department of State Police Law (20 ILCS
26 2605/2605-400), the Department of State Police is authorized
27 to furnish, pursuant to positive identification, such
28 information contained in State files as is necessary to
29 fulfill the request.
30 (Source: P.A. 91-239, eff. 1-1-00; 91-638, eff. 1-1-00;
31 revised 10-27-99.)
-549- LRB9111045EGfg
1 Section 61. The Health Care Worker Background Check Act
2 is amended by changing Section 15 as follows:
3 (225 ILCS 46/15)
4 (Text of Section before amendment by P.A. 91-656)
5 Sec. 15. Definitions. For the purposes of this Act, the
6 following definitions apply:
7 "Applicant" means an individual seeking employment with a
8 health care employer who has received a bona fide conditional
9 offer of employment.
10 "Conditional offer of employment" means a bona fide offer
11 of employment by a health care employer to an applicant,
12 which is contingent upon the receipt of a report from the
13 Department of State Police indicating that the applicant does
14 not have a record of conviction of any of the criminal
15 offenses enumerated in Section 25.
16 "Direct care" means the provision of nursing care or
17 assistance with feeding, dressing, movement, bathing,
18 toileting, or other personal needs. The entity responsible
19 for inspecting and licensing, certifying, or registering the
20 health care employer may, by administrative rule, prescribe
21 guidelines for interpreting this definition with regard to
22 the health care employers that it licenses.
23 "Health care employer" means:
24 (1) the owner or licensee of any of the following:
25 (i) a community living facility, as defined in the
26 Community Living Facilities Act;
27 (ii) a life care facility, as defined in the Life
28 Care Facilities Act;
29 (iii) a long-term care facility, as defined in the
30 Nursing Home Care Act;
31 (iv) a home health agency, as defined in the Home
32 Health Agency Licensing Act;
33 (v) a full hospice, as defined in the Hospice
-550- LRB9111045EGfg
1 Program Licensing Act;
2 (vi) a hospital, as defined in the Hospital
3 Licensing Act;
4 (vii) a community residential alternative, as
5 defined in the Community Residential Alternatives
6 Licensing Act;
7 (viii) a nurse agency, as defined in the Nurse
8 Agency Licensing Act;
9 (ix) a respite care provider, as defined in the
10 Respite Program Act;
11 (x) a supportive living program, as defined in the
12 Illinois Public Aid Code;
13 (xi) early childhood intervention programs as
14 described in 59 Ill. Adm. Code 121;
15 (xii) the University of Illinois Hospital, Chicago;
16 (xiii) programs funded by the Department on Aging
17 through the Community Care Program;
18 (xiv) programs certified to participate in the
19 Supportive Living Program authorized pursuant to Section
20 5-5.01a of the Illinois Public Aid Code;
21 (xv) programs listed by the Emergency Medical
22 Services (EMS) Systems Act as Freestanding Emergency
23 Centers;
24 (xvi) locations licensed under the Alternative
25 Health Care Delivery Act;
26 (2) a day training program certified by the Department
27 of Human Services; or
28 (3) a community integrated living arrangement operated
29 by a community mental health and developmental service
30 agency, as defined in the Community-Integrated Living
31 Arrangements Licensing and Certification Act.
32 "Initiate" means the obtaining of the authorization for a
33 record check from a student, applicant, or employee. The
34 educational entity or health care employer or its designee
-551- LRB9111045EGfg
1 shall transmit all necessary information and fees to the
2 Illinois State Police within 10 working days after receipt of
3 the authorization.
4 (Source: P.A. 90-14, eff. 7-1-97; 90-776, eff. 1-1-99;
5 91-598, eff. 1-1-00.)
6 (Text of Section after amendment by P.A. 91-656)
7 Sec. 15. Definitions. For the purposes of this Act, the
8 following definitions apply:
9 "Applicant" means an individual seeking employment with a
10 health care employer who has received a bona fide conditional
11 offer of employment.
12 "Conditional offer of employment" means a bona fide offer
13 of employment by a health care employer to an applicant,
14 which is contingent upon the receipt of a report from the
15 Department of State Police indicating that the applicant does
16 not have a record of conviction of any of the criminal
17 offenses enumerated in Section 25.
18 "Direct care" means the provision of nursing care or
19 assistance with feeding, dressing, movement, bathing,
20 toileting, or other personal needs. The entity responsible
21 for inspecting and licensing, certifying, or registering the
22 health care employer may, by administrative rule, prescribe
23 guidelines for interpreting this definition with regard to
24 the health care employers that it licenses.
25 "Health care employer" means:
26 (1) the owner or licensee of any of the following:
27 (i) a community living facility, as defined in the
28 Community Living Facilities Act;
29 (ii) a life care facility, as defined in the Life
30 Care Facilities Act;
31 (iii) a long-term care facility, as defined in the
32 Nursing Home Care Act;
33 (iv) a home health agency, as defined in the Home
34 Health Agency Licensing Act;
-552- LRB9111045EGfg
1 (v) a full hospice, as defined in the Hospice
2 Program Licensing Act;
3 (vi) a hospital, as defined in the Hospital
4 Licensing Act;
5 (vii) a community residential alternative, as
6 defined in the Community Residential Alternatives
7 Licensing Act;
8 (viii) a nurse agency, as defined in the Nurse
9 Agency Licensing Act;
10 (ix) a respite care provider, as defined in the
11 Respite Program Act;
12 (ix-a) an establishment licensed under the Assisted
13 Living and Shared Housing Act; (xi)
14 (x) a supportive living program, as defined in the
15 Illinois Public Aid Code;
16 (xi) early childhood intervention programs as
17 described in 59 Ill. Adm. Code 121;
18 (xii) the University of Illinois Hospital, Chicago;
19 (xiii) programs funded by the Department on Aging
20 through the Community Care Program;
21 (xiv) programs certified to participate in the
22 Supportive Living Program authorized pursuant to Section
23 5-5.01a of the Illinois Public Aid Code;
24 (xv) programs listed by the Emergency Medical
25 Services (EMS) Systems Act as Freestanding Emergency
26 Centers;
27 (xvi) locations licensed under the Alternative
28 Health Care Delivery Act;
29 (2) a day training program certified by the Department
30 of Human Services; or
31 (3) a community integrated living arrangement operated
32 by a community mental health and developmental service
33 agency, as defined in the Community-Integrated Living
34 Arrangements Licensing and Certification Act.
-553- LRB9111045EGfg
1 "Initiate" means the obtaining of the authorization for a
2 record check from a student, applicant, or employee. The
3 educational entity or health care employer or its designee
4 shall transmit all necessary information and fees to the
5 Illinois State Police within 10 working days after receipt of
6 the authorization.
7 (Source: P.A. 90-14, eff. 7-1-97; 90-776, eff. 1-1-99;
8 91-598, eff. 1-1-00; 91-656, eff. 1-1-01; revised 1-6-00.)
9 Section 62. The Medical Practice Act of 1987 is amended
10 by changing Section 21 as follows:
11 (225 ILCS 60/21) (from Ch. 111, par. 4400-21)
12 Sec. 21. License renewal; restoration; inactive status;
13 disposition and collection of fees.
14 (A) Renewal. The expiration date and renewal period for
15 each license issued under this Act shall be set by rule. The
16 holder of a license may renew the license by paying the
17 required fee. The holder of a license may also renew the
18 license within 90 days after its expiration by complying with
19 the requirements for renewal and payment of an additional
20 fee. A license renewal within 90 days after expiration shall
21 be effective retroactively to the expiration date.
22 The Department shall mail to each licensee under this
23 Act, at his or her last known address, at least 60 days in
24 advance of the expiration date of his or her license, a
25 notice of that fact and an application for renewal form. No
26 such license shall be deemed to have lapsed until 90 days
27 after the expiration date and after such notice and
28 application have been mailed by the Department as herein
29 provided.
30 (B) Restoration. Any licensee who has permitted his or
31 her license to lapse or who has had his or her license on
32 inactive status may have his or her license restored by
-554- LRB9111045EGfg
1 making application to the Department and filing proof
2 acceptable to the Department of his or her fitness to have
3 the license restored, including evidence certifying to active
4 practice in another jurisdiction satisfactory to the
5 Department, proof of meeting the continuing education
6 requirements for one renewal period, and by paying the
7 required restoration fee.
8 If the licensee has not maintained an active practice in
9 another jurisdiction satisfactory to the Department, the
10 Licensing Board shall determine, by an evaluation program
11 established by rule, the applicant's fitness to resume active
12 status and may require the licensee to complete a period of
13 evaluated clinical experience and may require successful
14 completion of the practical examination.
15 However, any registrant whose license has expired while
16 he or she has been engaged (a) in Federal Service on active
17 duty with the Army of the United States, the United States
18 Navy, the Marine Corps, the Air Force, the Coast Guard, the
19 Public Health Service or the State Militia called into the
20 service or training of the United States of America, or
21 (b) in training or education under the supervision of the
22 United States preliminary to induction into the military
23 service, may have his or her license reinstated or restored
24 without paying any lapsed renewal fees, if within 2 years
25 after honorable termination of such service, training, or
26 education, he or she furnishes to the Department with
27 satisfactory evidence to the effect that he or she has been
28 so engaged and that his or her service, training, or
29 education has been so terminated.
30 (C) Inactive licenses. Any licensee who notifies the
31 Department, in writing on forms prescribed by the Department,
32 may elect to place his or her license on an inactive status
33 and shall, subject to rules of the Department, be excused
34 from payment of renewal fees until he or she notifies the
-555- LRB9111045EGfg
1 Department in writing of his or her desire to resume active
2 status.
3 Any licensee requesting restoration from inactive status
4 shall be required to pay the current renewal fee, provide
5 proof of meeting the continuing education requirements for
6 the period of time the license is inactive not to exceed one
7 renewal period, and shall be required to restore his or her
8 license as provided in subsection (B).
9 Any licensee whose license is in an inactive status shall
10 not practice in the State of Illinois.
11 (D) Disposition of monies collected. All monies
12 collected under this Act by the Department shall be deposited
13 in the Illinois State Medical Disciplinary Fund in the State
14 Treasury, and used only for the following purposes: (a) by
15 the Medical Disciplinary Board in the exercise of its powers
16 and performance of its duties, as such use is made by the
17 Department with full consideration of all recommendations of
18 the Medical Disciplinary Board, (b) for costs directly
19 related to persons licensed under this Act, and (c) for
20 direct and allocable indirect costs related to the public
21 purposes of the Department of Professional Regulation.
22 Moneys in the Fund may be transferred to the Professions
23 Indirect Cost Fund as authorized under Section 2105-300 of
24 the Department of Professional Regulation Law (20 ILCS
25 2105/2105-300).
26 All earnings received from investment of monies in the
27 Illinois State Medical Disciplinary Fund shall be deposited
28 in the Illinois State Medical Disciplinary Fund and shall be
29 used for the same purposes as fees deposited in such Fund.
30 (E) Fees. The following fees are nonrefundable.
31 (1) Applicants for any examination shall be
32 required to pay, either to the Department or to the
33 designated testing service, a fee covering the cost of
34 determining the applicant's eligibility and providing the
-556- LRB9111045EGfg
1 examination. Failure to appear for the examination on the
2 scheduled date, at the time and place specified, after
3 the applicant's application for examination has been
4 received and acknowledged by the Department or the
5 designated testing service, shall result in the
6 forfeiture of the examination fee.
7 (2) The fee for a license under Section 9 of this
8 Act is $300.
9 (3) The fee for a license under Section 19 of this
10 Act is $300.
11 (4) The fee for the renewal of a license for a
12 resident of Illinois shall be calculated at the rate of
13 $100 per year, except for licensees who were issued a
14 license within 12 months of the expiration date of the
15 license, the fee for the renewal shall be $100. The fee
16 for the renewal of a license for a nonresident shall be
17 calculated at the rate of $200 per year, except for
18 licensees who were issued a license within 12 months of
19 the expiration date of the license, the fee for the
20 renewal shall be $200.
21 (5) The fee for the restoration of a license other
22 than from inactive status, is $100. In addition, payment
23 of all lapsed renewal fees not to exceed $600 is
24 required.
25 (6) The fee for a 3-year temporary license under
26 Section 17 is $100.
27 (7) The fee for the issuance of a duplicate
28 license, for the issuance of a replacement license for a
29 license which has been lost or destroyed, or for the
30 issuance of a license with a change of name or address
31 other than during the renewal period is $20. No fee is
32 required for name and address changes on Department
33 records when no duplicate license is issued.
34 (8) The fee to be paid for a license record for any
-557- LRB9111045EGfg
1 purpose is $20.
2 (9) The fee to be paid to have the scoring of an
3 examination, administered by the Department, reviewed and
4 verified, is $20 plus any fees charged by the applicable
5 testing service.
6 (10) The fee to be paid by a licensee for a wall
7 certificate showing his or her license shall be the
8 actual cost of producing the certificate.
9 (11) The fee for a roster of persons licensed as
10 physicians in this State shall be the actual cost of
11 producing such a roster.
12 (F) Any person who delivers a check or other payment to
13 the Department that is returned to the Department unpaid by
14 the financial institution upon which it is drawn shall pay to
15 the Department, in addition to the amount already owed to the
16 Department, a fine of $50. If the check or other payment was
17 for a renewal or issuance fee and that person practices
18 without paying the renewal fee or issuance fee and the fine
19 due, an additional fine of $100 shall be imposed. The fines
20 imposed by this Section are in addition to any other
21 discipline provided under this Act for unlicensed practice or
22 practice on a nonrenewed license. The Department shall notify
23 the person that payment of fees and fines shall be paid to
24 the Department by certified check or money order within 30
25 calendar days of the notification. If, after the expiration
26 of 30 days from the date of the notification, the person has
27 failed to submit the necessary remittance, the Department
28 shall automatically terminate the license or certificate or
29 deny the application, without hearing. If, after termination
30 or denial, the person seeks a license or certificate, he or
31 she shall apply to the Department for restoration or issuance
32 of the license or certificate and pay all fees and fines due
33 to the Department. The Department may establish a fee for the
34 processing of an application for restoration of a license or
-558- LRB9111045EGfg
1 certificate to pay all expenses of processing this
2 application. The Director may waive the fines due under this
3 Section in individual cases where the Director finds that the
4 fines would be unreasonable or unnecessarily burdensome.
5 (Source: P.A. 91-239, eff. 1-1-00; 91-357, eff. 7-29-99;
6 revised 8-9-99.)
7 Section 63. The Pharmacy Practice Act of 1987 is amended
8 by changing Section 9 as follows:
9 (225 ILCS 85/9) (from Ch. 111, par. 4129)
10 Sec. 9. Registration as pharmacy technician. Any person
11 shall be entitled to registration as a registered pharmacy
12 technician who is of the age of 16 or over, has not engaged
13 in conduct or behavior determined to be grounds for
14 discipline under this Act, is of temperate habits, is
15 attending or has graduated from an accredited high school or
16 comparable school or educational institution, and has filed a
17 written application for registration on a form to be
18 prescribed and furnished by the Department for that purpose.
19 The Department shall issue a certificate of registration as a
20 registered pharmacy technician to any applicant who has
21 qualified as aforesaid, and such registration shall be the
22 sole authority required to assist licensed pharmacists in the
23 practice of pharmacy, under the personal supervision of a
24 licensed pharmacist. Any person registered as a pharmacy
25 technician who is also enrolled in a first professional
26 degree program in pharmacy in a school or college of pharmacy
27 or a department of pharmacy of a university approved by the
28 Department shall be considered a "student pharmacist" and
29 entitled to use the title "student pharmacist". The
30 Department, upon the recommendation of the Board, may take
31 any action set forth in Section 30 of this Act with regard to
32 certificates pursuant to this Section.
-559- LRB9111045EGfg
1 Any person who is enrolled in a non-traditional Pharm.D.
2 PharmD program at an ACPE accredited college of pharmacy and
3 is a licensed pharmacist under the laws of another United
4 States jurisdiction shall be permitted to engage in the
5 program of practice experience required in the academic
6 program by virtue of such license. Such person shall be
7 exempt from the requirement of registration as a registered
8 pharmacy technician while engaged in the program of practice
9 experience required in the academic program.
10 An applicant for registration as a pharmacy technician
11 may assist a registered pharmacist in the practice of
12 pharmacy for a period of up to 60 days prior to the issuance
13 of a certificate of registration if the applicant has
14 submitted the required fee and an application for
15 registration to the Department. The applicant shall keep a
16 copy of the submitted application on the premises where the
17 applicant is assisting in the practice of pharmacy.
18 (Source: P.A. 90-253, eff. 7-29-97; revised 12-13-99.)
19 Section 64. The Professional Boxing and Wrestling Act is
20 amended by changing Section 23 as follows:
21 (225 ILCS 105/23) (from Ch. 111, par. 5023)
22 Sec. 23. Fees. The fees for the administration and
23 enforcement of this Act including, but not limited to,
24 original licensure or registration, renewal, and restoration
25 shall be set by rule. The fees shall not be refundable.
26 (Blank).
27 (Source: P.A. 91-357, eff. 7-29-99; 91-408, eff. 1-1-00;
28 revised 8-27-99.)
29 Section 65. The Illinois Architecture Practice Act of
30 1989 is amended by changing Sections 3 and 38 as follows:
-560- LRB9111045EGfg
1 (225 ILCS 305/3) (from Ch. 111, par. 1303)
2 Sec. 3. Application of Act. Nothing in this Act shall
3 be deemed or construed to prevent the practice of structural
4 engineering as defined in the Structural Engineering Practice
5 Act of 1989, the practice of professional engineering as
6 defined in the Professional Engineering Practice Act of 1989,
7 or the preparation of documents used to prescribe work to be
8 done inside buildings for non-loadbearing interior
9 construction, furnishings, fixtures and equipment, or the
10 offering or preparation of environmental analysis,
11 feasibility studies, programming or construction management
12 services by persons other than those licensed in accordance
13 with this Act, the Structural Engineering Practice Act of
14 1989 or the Professional Engineering Practice Act of 1989.
15 Nothing contained in this Act shall prevent the
16 draftsmen, students, project representatives and other
17 employees of those lawfully practicing as licensed architects
18 under the provisions of this Act, from acting under the
19 direct supervision and control of their employers, or to
20 prevent the employment of project representatives for
21 enlargement or alteration of buildings or any parts thereof,
22 or prevent such project representatives from acting under the
23 direct supervision and control of the licensed architect by
24 whom the construction documents including drawings and
25 specifications of any such building, enlargement or
26 alteration were prepared.
27 Nothing in this Act or any other Act shall prevent a
28 registered architect from practicing interior design
29 services. Nothing in this Act shall be construed as
30 requiring the services of an interior designer for the
31 interior designing of a single family residence.
32 This Act does not apply to any of the following:
33 (A) The building, remodeling or repairing of any
34 building or other structure outside of the corporate
-561- LRB9111045EGfg
1 limits of any city or village, where such building or
2 structure is to be, or is used for farm purposes, or for
3 the purposes of outbuildings or auxiliary buildings in
4 connection with such farm premises.
5 (B) The construction, remodeling or repairing of a
6 detached single family residence on a single lot.
7 (C) The construction, remodeling or repairing of a
8 two-family residence of wood frame construction on a
9 single lot, not more than two stories and basement in
10 height.
11 (D) Interior design services for buildings which do
12 not involve life safety or structural changes.
13 However, all buildings not included in the preceding
14 paragraphs (A) through (D), including multi-family buildings
15 and buildings previously exempt under those paragraphs but
16 subsequently non-exempt due to a change in occupancy or use,
17 are subject to the requirements of this Act. Interior
18 alterations which result in life safety or structural changes
19 of the building are subject to the requirements of this Act.
20 (Source: P.A. 91-91, eff. 1-1-00; 91-133, eff. 1-1-00;
21 revised 10-6-99.)
22 (225 ILCS 305/38) (from Ch. 111, par. 1338)
23 Sec. 38. Fund; appropriations; investments; audits.
24 Moneys deposited in the Design Professionals Administration
25 and Investigation Fund shall be appropriated to the
26 Department exclusively for expenses of the Department and the
27 Board in the administration of this Act, the Illinois
28 Professional Land Surveyor Act of 1989, the Professional
29 Engineering Practice Act of 1989, and the Structural
30 Engineering Practice Act of 1989. The expenses of the
31 Department under this Act shall be limited to the ordinary
32 and contingent expenses of the Design Professionals Dedicated
33 Employees within the Department as established under Section
-562- LRB9111045EGfg
1 2105-75 of the Department of Professional Regulation Law (20
2 ILCS 2105/2105-75) and other expenses related to the
3 administration and 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 2105-300 of the Department of
9 Professional Regulation Law (20 ILCS 2105/2105-300).
10 All fines and penalties under Sections 22 and 36 shall be
11 deposited in the Design Professionals Administration and
12 Investigation Fund.
13 Moneys in the Design Professionals Administration and
14 Investigation Fund may be invested and reinvested, with all
15 earnings received from the investments to be deposited in the
16 Design Professionals Administration and Investigation Fund
17 and used for the same purposes as fees deposited in the Fund.
18 Upon the completion of any audit of the Department as
19 prescribed by the Illinois State Auditing Act that includes
20 an audit of the Design Professionals Administration and
21 Investigation Fund, the Department shall make the audit open
22 to inspection by any interested person. The copy of the
23 audit report required to be submitted to the Department by
24 this Section is an addition to copies of audit reports
25 required to be submitted to other State officers and agencies
26 by Section 3-14 of the Illinois State Auditing Act.
27 (Source: P.A. 91-91, eff. 1-1-00; 91-133, eff. 1-1-00;
28 91-239, eff. 1-1-00; revised 10-7-99.)
29 Section 66. The Interior Design Profession Title Act is
30 amended by changing Sections 4 and 30 as follows:
31 (225 ILCS 310/4) (from Ch. 111, par. 8204)
32 Sec. 4. (a) No individual shall, without a valid
-563- LRB9111045EGfg
1 registration as an interior designer issued by the
2 Department, in any manner hold himself out to the public as
3 an interior designer or attach the title "interior designer"
4 or any other name or designation which would in any way imply
5 that he is able to use the title "interior designer" as
6 defined in this Act. No individual shall, without a valid
7 registration as a residential interior designer issued by the
8 Department, in any manner hold himself out to the public as a
9 residential interior designer, or use the title "residential
10 interior designer" or any name or designation that would in
11 any way imply that he is able to use the title "residential
12 interior designer" as defined in this Act.
13 (a-5) Nothing in this Act shall be construed as
14 preventing or restricting the services offered or advertised
15 by an interior designer who is registered under this Act.
16 (b) Nothing in this Act shall prevent the employment, by
17 an interior designer or residential interior designer,
18 association, partnership, or a corporation furnishing
19 interior design or residential interior design services for
20 remuneration, of persons not registered as interior designers
21 or residential interior designers to perform services in
22 various capacities as needed, provided that the persons do
23 not represent themselves as, or use the title of, "interior
24 designer", "registered interior designer", "residential
25 interior designer" or "registered residential interior
26 designer".
27 (c) Nothing in this Act shall be construed to limit the
28 activities and use of the title "interior designer" or
29 "residential interior designer" on the part of a person not
30 registered under this Act who is a graduate of an interior
31 design program and a full-time employee of a duly chartered
32 institution of higher education insofar as such person
33 engages in public speaking, with or without remuneration,
34 provided that such person does not represent himself to be an
-564- LRB9111045EGfg
1 interior designer or use the title "registered interior
2 designer" or "registered residential interior designer".
3 (d) Nothing contained in this Act shall restrict any
4 person not registered under this Act from carrying out any of
5 the activities listed in the definition of "the profession of
6 interior design" in Section 3 if such person does not
7 represent himself or his services in any manner prohibited by
8 this Act.
9 (e) Nothing in this Act shall be construed as preventing
10 or restricting the practice, services, or activities of any
11 person licensed in this State under any other law from
12 engaging in the profession or occupation for which he is
13 licensed.
14 (f) Nothing in this Act shall be construed as preventing
15 or restricting the practice, services, or activities of
16 engineers licensed under the Professional Engineering
17 Practice Act of 1989 or the Structural Engineering Practice
18 Act of 1989; architects licensed pursuant to the Illinois
19 Architectural Practice Act of 1989; any interior decorator or
20 individual offering interior decorating services including,
21 but not limited to, the selection of surface materials,
22 window treatments, wall coverings, furniture, accessories,
23 paint, floor coverings, and lighting fixtures; or builders,
24 home furnishings salespersons, and similar purveyors of goods
25 and services relating to homemaking.
26 (g) Nothing in this Act or any other Act shall prevent a
27 licensed architect from practicing interior design services
28 or from using the title "interior designer" or "residential
29 interior designer". Nothing in this Act shall be construed
30 as requiring the services of an interior designer or
31 residential interior designer for the interior designing of a
32 single family residence.
33 (h) Nothing in this Act shall authorize interior
34 designers or residential interior designers to perform
-565- LRB9111045EGfg
1 services, including life safety services that they are
2 prohibited from performing, or any practice (i) that is
3 restricted in the Illinois Architecture Practice Act of 1989,
4 the Professional Engineering Practice Act of 1989, or the
5 Structural Engineering Practice Act of 1989, or (ii) that
6 they are not authorized to perform under the Environmental
7 Barriers Act.
8 (Source: P.A. 91-91, eff. 1-1-00; 91-357, eff. 7-29-99;
9 revised 8-27-99.)
10 (225 ILCS 310/30) (from Ch. 111, par. 8230)
11 Sec. 30. Interior Design Administration and Investigation
12 Fund. All of the fees collected pursuant to this Act shall
13 be deposited into the General Professions Dedicated Fund.
14 On January 1, 2000 the State Comptroller shall transfer
15 the balance of the monies in the Interior Design
16 Administration and Investigation Fund into the General
17 Professions Dedicated Fund. Amounts appropriated for fiscal
18 year 2000 out of the Interior Design Administration and
19 Investigation Fund may be paid out of the General Professions
20 Dedicated Fund.
21 The monies deposited in the General Professions Dedicated
22 Fund may be used for the expenses of the Department in the
23 administration of this Act.
24 Moneys from the Fund may also be used for direct and
25 allocable indirect costs related to the public purposes of
26 the Department of Professional Regulation. Moneys in the
27 Fund may be transferred to the Professions Indirect Cost Fund
28 as authorized by Section 2105-300 of the Department of
29 Professional Regulation Law (20 ILCS 2105/2105-300).
30 Upon the completion of any audit of the Department as
31 prescribed by the Illinois State Auditing Act that includes
32 an audit of the Interior Design Administration and
33 Investigation Fund, the Department shall make the audit open
-566- LRB9111045EGfg
1 to inspection by any interested person. The copy of the audit
2 report required to be submitted to the Department by this
3 Section is in addition to copies of audit reports required to
4 be submitted to other State officers and agencies by Section
5 3-14 of the Illinois State Auditing Act.
6 (Source: P.A. 91-239, eff. 1-1-00; 91-454, eff. 1-1-00;
7 revised 10-19-99.)
8 Section 67. The Illinois Landscape Architecture Act of
9 1989 is amended by changing Section 15 as follows:
10 (225 ILCS 315/15) (from Ch. 111, par. 8115)
11 Sec. 15. Disposition of funds. All of the fees
12 collected pursuant to this Act shall be deposited in the
13 General Professions Dedicated Fund.
14 On January 1, 2000 the State Comptroller shall transfer
15 the balance of the monies in the Landscape Architects'
16 Administration and Investigation Fund into the General
17 Professions Dedicated Fund. Amounts appropriated for fiscal
18 year 2000 out of the Landscape Architects' Administration and
19 Investigation Fund may be paid out of the General Professions
20 Dedicated Fund.
21 The monies deposited in the General Professions Dedicated
22 Fund may be used for the expenses of the Department in the
23 administration of this Act.
24 Moneys from the Fund may also be used for direct and
25 allocable indirect costs related to the public purposes of
26 the Department of Professional Regulation. Moneys in the
27 Fund may be transferred to the Professions Indirect Cost Fund
28 as authorized by Section 2105-300 of the Department of
29 Professional Regulation Law (20 ILCS 2105/2105-300).
30 (Source: P.A. 91-239, eff. 1-1-00; 91-255, eff. 12-30-99;
31 revised 11-4-99.)
-567- LRB9111045EGfg
1 Section 68. The Professional Engineering Practice Act of
2 1989 is amended by changing Sections 4, 23, and 44 as
3 follows:
4 (225 ILCS 325/4) (from Ch. 111, par. 5204)
5 Sec. 4. Definitions. As used in this Act:
6 (a) "Approved engineering curriculum" means an
7 engineering curriculum of 4 academic years or more which
8 meets the standards established by the rules of the
9 Department.
10 (b) "Board" means the State Board of Professional
11 Engineers of the Department of Professional Regulation,
12 previously known as the Examining Committee.
13 (c) "Department" means the Department of Professional
14 Regulation.
15 (d) "Design professional" means an architect, structural
16 engineer or professional engineer practicing in conformance
17 with the Illinois Architecture Practice Act of 1989, the
18 Structural Engineering Practice Act of 1989 or the
19 Professional Engineering Practice Act of 1989.
20 (e) "Director" means the Director of Professional
21 Regulation.
22 (f) "Direct supervision/responsible charge" means work
23 prepared under the control of a licensed professional
24 engineer or that work as to which that professional engineer
25 has detailed professional knowledge.
26 (g) "Engineering college" means a school, college,
27 university, department of a university or other educational
28 institution, reputable and in good standing in accordance
29 with rules prescribed by the Department, and which grants
30 baccalaureate degrees in engineering.
31 (h) "Engineering system or facility" means a system or
32 facility whose design is based upon the application of the
33 principles of science for the purpose of modification of
-568- LRB9111045EGfg
1 natural states of being.
2 (i) "Engineer intern" means a person who is a candidate
3 for licensure as a professional engineer and who has been
4 enrolled as an engineer intern.
5 (j) "Enrollment" means an action by the Department to
6 record those individuals who have met the Board's
7 requirements for an engineer intern.
8 (k) "License" means an official document issued by the
9 Department to an individual, a corporation, a partnership, a
10 professional service corporation, a limited liability
11 company, or a sole proprietorship, signifying authority to
12 practice.
13 (l) "Negligence in the practice of professional
14 engineering" means the failure to exercise that degree of
15 reasonable professional skill, judgment and diligence
16 normally rendered by professional engineers in the practice
17 of professional engineering.
18 (m) "Professional engineer" means a person licensed
19 under the laws of the State of Illinois to practice
20 professional engineering.
21 (n) "Professional engineering" means the application of
22 science to the design of engineering systems and facilities
23 using the knowledge, skills, ability and professional
24 judgment developed through professional engineering
25 education, training and experience.
26 (o) "Professional engineering practice" means the
27 consultation on, conception, investigation, evaluation,
28 planning, and design of, and selection of materials and
29 methods to be used in, administration of construction
30 contracts for, or site observation of an engineering system
31 or facility, where such consultation, conception,
32 investigation, evaluation, planning, design, selection,
33 administration, or observation requires extensive knowledge
34 of engineering laws, formulae, materials, practice, and
-569- LRB9111045EGfg
1 construction methods. A person shall be construed to
2 practice or offer to practice professional engineering,
3 within the meaning and intent of this Act, who practices, or
4 who, by verbal claim, sign, advertisement, letterhead, card,
5 or any other way, is represented to be a professional
6 engineer, or through the use of the initials "P.E." or the
7 title "engineer" or any of its derivations or some other
8 title implies licensure as a professional engineer, or holds
9 himself out as able to perform any service which is
10 recognized as professional engineering practice.
11 Examples of the practice of professional engineering
12 include, but need not be limited to, transportation
13 facilities and publicly owned utilities for a region or
14 community, railroads, railways, highways, subways, canals,
15 harbors, river improvements; irrigation works; aircraft,
16 airports and landing fields; waterworks, piping systems and
17 appurtenances, sewers, sewage disposal works; plants for the
18 generation of power; devices for the utilization of power;
19 boilers; refrigeration plants, air conditioning systems and
20 plants; heating systems and plants; plants for the
21 transmission or distribution of power; electrical plants
22 which produce, transmit, distribute, or utilize electrical
23 energy; works for the extraction of minerals from the earth;
24 plants for the refining, alloying or treating of metals;
25 chemical works and industrial plants involving the use of
26 chemicals and chemical processes; plants for the production,
27 conversion, or utilization of nuclear, chemical, or radiant
28 energy; forensic engineering, geotechnical engineering
29 including, subsurface investigations; soil classification,
30 geology and geohydrology, incidental to the practice of
31 professional engineering; energy analysis, environmental
32 design, hazardous waste mitigation and control; recognition,
33 measurement, evaluation and control of environmental systems
34 and emissions; automated building management systems; or the
-570- LRB9111045EGfg
1 provision of professional engineering site observation of the
2 construction of works and engineering systems. Nothing
3 contained in this Section imposes upon a person licensed
4 under this Act the responsibility for the performance of any
5 of the foregoing functions unless such person specifically
6 contracts to provide it.
7 (p) "Project representative" means the professional
8 engineer's representative at the project site who assists in
9 the administration of the construction contract.
10 (q) "Registered" means the same as "licensed" for
11 purposes of this Act.
12 (r) "Related science curriculum" means a 4 year program
13 of study, the satisfactory completion of which results in a
14 Bachelor of Science degree, and which contains courses from
15 such areas as life, earth, engineering and computer sciences,
16 including but not limited to, physics and chemistry. In the
17 study of these sciences, the objective is to acquire
18 fundamental knowledge about the nature of its phenomena,
19 including quantitative expression, appropriate to particular
20 fields of engineering.
21 (s) "Rules" means those rules promulgated pursuant to
22 this Act.
23 (t) "Seal" means the seal in compliance with Section 14
24 of this Act.
25 (u) "Site observation" is visitation of the construction
26 site for the purpose of reviewing, as available, the quality
27 and conformance of the work to the technical submissions as
28 they relate to design.
29 (v) "Support design professional" means a professional
30 engineer practicing in conformance with the Professional
31 Engineering Practice Act of 1989, who provides services to
32 the design professional who has contract responsibility.
33 (w) "Technical submissions" means designs, drawings, and
34 specifications which establish the standard of quality for
-571- LRB9111045EGfg
1 materials, workmanship, equipment, and the construction
2 systems, studies, and other technical reports prepared in the
3 course of a design professional's practice.
4 (Source: P.A. 91-91, eff. 1-1-00; 91-92, eff. 1-1-00; revised
5 10-7-99.)
6 (225 ILCS 325/23) (from Ch. 111, par. 5223)
7 Sec. 23. Professional design firm registration.
8 (a) Nothing in this Act shall prohibit the formation,
9 under the provisions of the Professional Service Corporation
10 Act, as amended, of a corporation to practice professional
11 engineering.
12 Any business, including a Professional Service
13 Corporation, that includes within its stated purposes or
14 practices, or holds itself out as available to practice,
15 professional engineering shall be registered with the
16 Department pursuant to the provisions set forth in this
17 Section.
18 Any sole proprietorship not owned and operated by an
19 Illinois licensed design professional licensed under this Act
20 shall be prohibited from offering professional engineering
21 services to the public. Any sole proprietorship owned and
22 operated by a professional engineer with an active license
23 issued under this Act and conducting or transacting such
24 business under an assumed name in accordance with the
25 provisions of the Assumed Business Name Act shall comply with
26 the registration requirements of a professional design firm.
27 Any sole proprietorship owned and operated by a professional
28 engineer with an active license issued under this Act and
29 conducting or transacting such business under the real name
30 of the sole proprietor is exempt from the registration
31 requirements of a professional design firm. "Illinois
32 licensed design professional" means a person who holds an
33 active license as a professional engineer under this Act, as
-572- LRB9111045EGfg
1 an architect under the Illinois Architecture Practice Act of
2 1989, or as a structural engineer under the Structural
3 Engineering Practice Act of 1989.
4 (b) Any professional design firm seeking to be
5 registered pursuant to the provisions of this Section shall
6 not be registered unless one or more managing agents in
7 charge of professional engineering activities in this State
8 are designated by the professional design firm. Each
9 managing agent must at all times maintain a valid, active
10 license to practice professional engineering in Illinois.
11 No individual whose license to practice professional
12 engineering in this State is currently in a suspended or
13 revoked status shall act as a managing agent for a
14 professional design firm.
15 (c) Any business seeking to be registered under this
16 Section shall make application on a form provided by the
17 Department and shall provide such information as requested by
18 the Department, which shall include, but not be limited to:
19 (1) the name and license number of the person
20 designated as the managing agent in responsible charge of
21 the practice of professional engineering in Illinois. In
22 the case of a corporation, the corporation shall also
23 submit a certified copy of the resolution by the board of
24 directors designating the managing agent. In the case of
25 a limited liability company, the company shall submit a
26 certified copy of either its articles of organization or
27 operating agreement designating the managing agent;
28 (2) the names and license numbers of the directors,
29 in the case of a corporation, the members, in the case of
30 a limited liability company, or general partners, in the
31 case of a partnership;
32 (3) a list of all office locations at which the
33 professional design firm provides professional
34 engineering services to the public; and
-573- LRB9111045EGfg
1 (4) a list of all assumed names of the business.
2 Nothing in this Section shall be construed to exempt a
3 professional design firm, sole proprietorship, or
4 professional service corporation from compliance with the
5 requirements of the Assumed Business Name Act.
6 It is the responsibility of the professional design firm
7 to provide the Department notice, in writing, of any changes
8 in the information requested on the application.
9 (d) The Department shall issue to each business a
10 certificate of registration to practice professional
11 engineering or offer the services of its licensees in this
12 State upon submittal of a proper application for registration
13 and payment of fees. The expiration date and renewal period
14 for each registration and renewal procedures shall be
15 established by rule.
16 (e) In the event a managing agent is terminated or
17 terminates his or her status as managing agent of the
18 professional design firm, the managing agent and professional
19 design firm shall notify the Department of this fact in
20 writing, by certified mail, within 10 business days of such
21 termination. Thereafter, the professional design firm, if it
22 has so informed the Department, shall have 30 days in which
23 to notify the Department of the name and license number of a
24 newly designated managing agent. If a corporation, the
25 corporation shall also submit a certified copy of a
26 resolution by the board of directors designating the new
27 managing agent. If a limited liability company, the company
28 shall also submit a certified copy of either its articles of
29 organization or operating agreement designating the new
30 managing agent. The Department may, upon good cause shown,
31 extend the original 30 day period.
32 If the professional design firm has not notified the
33 Department in writing, by certified mail within the specified
34 time, the registration shall be terminated without prior
-574- LRB9111045EGfg
1 hearing. Notification of termination shall be sent by
2 certified mail to the last known address of the business. If
3 the professional design firm continues to operate and offer
4 professional engineering services after the termination, the
5 Department may seek prosecution under Sections 24, 39, and 40
6 of this Act for the unlicensed practice of professional
7 engineering.
8 (f) No professional design firm shall be relieved of
9 responsibility for the conduct or acts of its agent,
10 employees, members, managers, or officers by reason of its
11 compliance with this Section, nor shall any individual
12 practicing professional engineering be relieved of the
13 responsibility for professional services performed by reason
14 of the individual's employment or relationship with a
15 professional design firm registered under this Section.
16 (g) Disciplinary action against a professional design
17 firm registered under this Section shall be administered in
18 the same manner and on the same grounds as disciplinary
19 action against a licensed professional engineer. All
20 disciplinary action taken or pending against a corporation or
21 partnership before the effective date of this amendatory Act
22 of 1993 shall be continued or remain in effect without the
23 Department filing separate actions.
24 (Source: P.A. 91-91, eff. 1-1-00; 91-92, eff. 1-1-00; revised
25 10-7-99.)
26 (225 ILCS 325/44) (from Ch. 111, par. 5244)
27 Sec. 44. Fund; appropriations; investments; audits.
28 Moneys deposited in the Design Professionals Administration
29 and Investigation Fund shall be appropriated to the
30 Department exclusively for expenses of the Department and the
31 Board in the administration of this Act, the Illinois
32 Professional Land Surveyor Act of 1989, the Illinois
33 Architecture Practice Act, and the Structural Engineering
-575- LRB9111045EGfg
1 Practice Act of 1989. The expenses of the Department under
2 this Act shall be limited to the ordinary and contingent
3 expenses of the Design Professionals Dedicated Employees
4 within the Department as established under Section 2105-75 of
5 the Department of Professional Regulation Law (20 ILCS
6 2105/2105-75) and other expenses related to the
7 administration and enforcement of this Act.
8 Moneys from the Fund may also be used for direct and
9 allocable indirect costs related to the public purposes of
10 the Department of Professional Regulation. Moneys in the
11 Fund may be transferred to the Professions Indirect Cost Fund
12 as authorized by Section 2105-300 of the Department of
13 Professional Regulation Law (20 ILCS 2105/2105-300).
14 Moneys in the Design Professionals Administration and
15 Investigation Fund may be invested and reinvested with all
16 earnings received from the investments to be deposited in the
17 Design Professionals Administration and Investigation Fund
18 and used for the same purposes as fees deposited in the Fund.
19 All fines and penalties under Section 24, Section 39,
20 Section 42, and Section 43 shall be deposited in the Design
21 Professionals Administration and Investigation Fund.
22 Upon the completion of any audit of the Department as
23 prescribed by the Illinois State Auditing Act that audit
24 includes an audit of the Design Professionals Administration
25 and Investigation Fund, the Department shall make the audit
26 report open to inspection by any interested person. The copy
27 of the audit report required to be submitted to the
28 Department by this Section is in addition to copies of audit
29 reports required to be submitted to other State officers and
30 agencies by Section 3-14 of the Illinois State Auditing Act.
31 (Source: P.A. 91-91, eff. 1-1-00; 91-92, eff. 1-1-00; 91-239,
32 eff. 1-1-00; revised 10-7-99.)
33 Section 69. The Illinois Professional Land Surveyor Act
-576- LRB9111045EGfg
1 of 1989 is amended by changing Sections 4 and 48 as follows:
2 (225 ILCS 330/4) (from Ch. 111, par. 3254)
3 Sec. 4. Definitions. As used in this Act:
4 (a) "Department" means the Department of Professional
5 Regulation.
6 (b) "Director" means the Director of Professional
7 Regulation.
8 (c) "Board" means the Land Surveyors Licensing Board.
9 (d) "Direct supervision and control" means the personal
10 review by a Licensed Professional Land Surveyor of each
11 survey, including, but not limited to, procurement, research,
12 field work, calculations, preparation of legal descriptions
13 and plats. The personal review shall be of such a nature as
14 to assure the client that the Professional Land Surveyor or
15 the firm for which the Professional Land Surveyor is employed
16 is the provider of the surveying services.
17 (e) "Responsible charge" means an individual responsible
18 for the various components of the land survey operations
19 subject to the overall supervision and control of the
20 Professional Land Surveyor.
21 (f) "Design professional" means a land surveyor,
22 architect, structural engineer, or professional engineer
23 practicing in conformance with this Act, the Illinois
24 Architecture Practice Act of 1989, the Structural Engineering
25 Practice Act of 1989, or the Professional Engineering
26 Practice Act of 1989.
27 (g) "Professional Land Surveyor" means any person
28 licensed under the laws of the State of Illinois to practice
29 land surveying, as defined by this Act or its rules.
30 (h) "Land Surveyor-in-Training" means any person
31 licensed under the laws of the State of Illinois who has
32 qualified for, taken, and passed an examination in the
33 fundamental land surveyor-in-training subjects as provided by
-577- LRB9111045EGfg
1 this Act or its rules.
2 (i) "Land surveying experience" means those activities
3 enumerated in Section 5 of this Act, which, when exercised in
4 combination, to the satisfaction of the Board, is proof of an
5 applicant's broad range of training in and exposure to the
6 prevailing practice of land surveying.
7 (Source: P.A. 91-91, eff. 1-1-00; 91-132, eff. 1-1-00;
8 revised 10-7-99.)
9 (225 ILCS 330/48) (from Ch. 111, par. 3298)
10 Sec. 48. Fund, appropriations, investments and audits.
11 The moneys deposited in the Design Professionals
12 Administration and Investigation Fund from fines and fees
13 under this Act shall be appropriated to the Department
14 exclusively for expenses of the Department and the Board in
15 the administration of this Act, the Illinois Architecture
16 Practice Act, the Professional Engineering Practice Act of
17 1989, and the Structural Engineering Practice Act of 1989.
18 The expenses of the Department under this Act shall be
19 limited to the ordinary and contingent expenses of the Design
20 Professionals Dedicated Employees within the Department as
21 established under Section 2105-75 of the Department of
22 Professional Regulation Law (20 ILCS 2105/2105-75) and other
23 expenses related to the administration and enforcement of
24 this Act.
25 Moneys from the Fund may also be used for direct and
26 allocable indirect costs related to the public purposes of
27 the Department of Professional Regulation. Moneys in the
28 Fund may be transferred to the Professions Indirect Cost Fund
29 as authorized by Section 2105-300 of the Department of
30 Professional Regulation Law (20 ILCS 2105/2105-300).
31 Moneys in the Design Professionals Administration and
32 Investigation Fund may be invested and reinvested with all
33 earnings received from the investments to be deposited in the
-578- LRB9111045EGfg
1 Design Professionals Administration and Investigation Fund
2 and used for the same purposes as fees deposited in that
3 Fund.
4 Upon the completion of any audit of the Department as
5 prescribed by the Illinois State Auditing Act that includes
6 an audit of the Design Professionals Administration and
7 Investigation Fund, the Department shall make the audit open
8 to inspection by any interested person. The copy of the
9 audit report required to be submitted to the Department by
10 this Section is in addition to copies of audit reports
11 required to be submitted to other State officers and agencies
12 by Section 3-14 of the Illinois State Auditing Act.
13 (Source: P.A. 91-91, eff. 1-1-00; 91-239, eff. 1-1-00;
14 revised 10-7-99.)
15 Section 70. The Private Detective, Private Alarm,
16 Private Security, and Locksmith Act of 1993 is amended by
17 changing Section 30 as follows:
18 (225 ILCS 446/30)
19 Sec. 30. Exemptions.
20 (a) This Act does not apply to:
21 (1) An officer or employee of the United States,
22 this State, or any political subdivision of either while
23 the officer or employee is engaged in the performance of
24 his or her official duties within the course and scope of
25 his or her employment with the United States, this State,
26 or any political subdivision of either. However, any
27 person who offers his or her services as a private
28 detective or private security contractor, or any title
29 when similar services are performed for compensation,
30 fee, or other valuable consideration, whether received
31 directly or indirectly, is subject to this Act and its
32 licensing requirements.
-579- LRB9111045EGfg
1 (2) An attorney-at-law licensed to practice in
2 Illinois while engaging in the practice of law.
3 (3) A person engaged exclusively in the business of
4 obtaining and furnishing information as to the financial
5 rating or credit worthiness of persons; and a person who
6 provides consumer reports in connection with:
7 (i) Credit transactions involving the consumer
8 on whom the information is to be furnished and
9 involving the extensions of credit to the consumer.
10 (ii) Information for employment purposes.
11 (iii) Information for the underwriting of
12 insurance involving the consumer.
13 (4) Insurance adjusters legally employed or under
14 contract as adjusters and who engage in no other
15 investigative activities other than those directly
16 connected with adjustment of claims against an insurance
17 company or self-insured by which they are employed or
18 with which they have a contract. No insurance adjuster
19 or company may utilize the term "investigation" or any
20 derivative thereof in its company name or in its
21 advertising other than for the handling of insurance
22 claims.
23 For the purposes of this Code, "insurance adjuster"
24 includes any person expressly authorized to act on behalf
25 of an insurance company or self-insured and any employee
26 thereof who acts or appears to act on behalf of the
27 insurance company or self-insured in matters relating to
28 claims, including but not limited to independent
29 contractors while performing claim services at the
30 direction of the company.
31 (5) A person engaged exclusively and employed by a
32 person, firm, association, or corporation in the business
33 of transporting persons or property in interstate
34 commerce and making an investigation related to the
-580- LRB9111045EGfg
1 business of that employer.
2 (6) Any person, watchman, or guard employed
3 exclusively and regularly by one employer in connection
4 with the affairs of that employer only and there exists
5 an employer/employee relationship.
6 (7) Any law enforcement officer, as defined in the
7 Illinois Police Training Act, who has successfully
8 completed the requirements of basic law enforcement and
9 firearms training as prescribed by the Illinois Law
10 Enforcement Training Standards Board, employed by an
11 employer in connection with the affairs of that employer,
12 provided he or she is exclusively employed by the
13 employer during the hours or times he or she is scheduled
14 to work for that employer, and there exists an employer
15 and employee relationship.
16 In this subsection an "employee" is a person who is
17 employed by an employer who has the right to control and
18 direct the employee who performs the services in
19 question, not only as to the result to be accomplished by
20 the work, but also as to the details and means by which
21 the result is to be accomplished; and an "employer" is
22 any person or entity, with the exception of a private
23 detective, private detective agency, private security
24 contractor, private security contractor agency, private
25 alarm contractor, or private alarm contractor agency,
26 whose purpose it is to hire persons to perform the
27 business of a private detective, private detective
28 agency, private security contractor, private security
29 contractor agency, private alarm contractor, or private
30 alarm contractor agency.
31 (8) A person who sells burglar alarm systems and
32 does not install, monitor, maintain, alter, repair,
33 service, or respond to burglar alarm systems at protected
34 premises or premises to be protected, provided:
-581- LRB9111045EGfg
1 (i) The burglar alarm systems are
2 approved either by Underwriters Laboratories or
3 another authoritative source recognized by the
4 Department and are identified by a federally
5 registered trademark.
6 (ii) The owner of the trademark has
7 expressly authorized the person to sell the
8 trademark owner's products, and the person
9 provides proof of this authorization upon the
10 request of the Department.
11 (iii) The owner of the trademark
12 maintains, and provides upon the Department's
13 request, a certificate evidencing insurance for
14 bodily injury or property damage arising from
15 faulty or defective products in an amount not
16 less than $1,000,000 combined single limit;
17 provided that the policy of insurance need not
18 relate exclusively to burglar alarm systems.
19 (9) A person who sells, installs, maintains, or
20 repairs automobile alarm systems.
21 (9-5) A person, firm, or corporation engaged solely
22 and exclusively in tracing and compiling lineage or
23 ancestry.
24 (10) A person employed as either an armed or
25 unarmed security guard at a nuclear energy, storage,
26 weapons or development site or facility regulated by the
27 Nuclear Regulatory Commission who has completed the
28 background screening and training mandated by the rules
29 and regulations of the Nuclear Regulatory Commission.
30 (b) Nothing in this Act prohibits any of the following:
31 (A) Servicing, installing, repairing, or rebuilding
32 automotive locks by automotive service dealers, as long
33 as they do not hold themselves out to the public as
34 locksmiths.
-582- LRB9111045EGfg
1 (B) Police, fire, or other municipal employees from
2 opening a lock in an emergency situation, as long as they
3 do not hold themselves out to the public as locksmiths.
4 (C) Any merchant or retail or hardware store from
5 duplicating keys, from installing, servicing, repairing,
6 rebuilding, reprogramming, or maintaining electronic
7 garage door devices or from selling locks or similar
8 security accessories not prohibited from sale by the
9 State of Illinois, as long as they do not hold themselves
10 out to the public as locksmiths.
11 (D) The installation or removal of complete locks
12 or locking devices by members of the building trades when
13 doing so in the course of residential or commercial new
14 construction or remodeling, as long as they do not hold
15 themselves out to the public as locksmiths.
16 (E) The employees of towing services, repossessors,
17 or auto clubs from opening automotive locks in the normal
18 course of their duties, as long as they do not hold
19 themselves out to the public as locksmiths. Additionally,
20 this Act shall not prohibit employees of towing services
21 from opening motor vehicle locks to enable a vehicle to
22 be moved without towing, provided that the towing service
23 does not hold itself out to the public, by yellow page
24 advertisement, through a sign at the facilities of the
25 towing service, or by any other advertisement, as a
26 locksmith.
27 (F) The practice of locksmithing by students in the
28 course of study in programs approved by the Department,
29 provided that the students do not hold themselves out to
30 the public as locksmiths.
31 (G) Servicing, installing, repairing, or rebuilding
32 locks by a lock manufacturer or anyone employed by a lock
33 manufacturer, as long as they do not hold themselves out
34 to the public as locksmiths.
-583- LRB9111045EGfg
1 (H) The provision of any of the products or
2 services in the practice of locksmithing as identified in
3 Section 5 of this Act by a business licensed by the State
4 of Illinois as a private alarm contractor or private
5 alarm contractor agency, as long as the principal purpose
6 of the services provided to a customer is not the
7 practice of locksmithing and the business does not hold
8 itself out to the public as a locksmith agency.
9 (I) Any maintenance employee of a property
10 management company at a multi-family residential building
11 from servicing, installing, repairing, or opening locks
12 for tenants as long as the maintenance employee does not
13 hold himself or herself out to the public as a locksmith.
14 (J) A person, firm, or corporation from engaging in
15 fire protection engineering, including the design,
16 testing, and inspection of fire protection systems.
17 (K) The practice of professional engineering as
18 defined in the Professional Engineering Practice Act of
19 1989.
20 (L) The practice of structural engineering as
21 defined in the Structural Engineering Practice Act of
22 1989.
23 (M) The practice of architecture as defined in the
24 Illinois Architecture Practice Act of 1989.
25 (N) The activities of persons or firms licensed
26 under the Illinois Public Accounting Act if performed in
27 the course of their professional practice.
28 (c) This Act does not prohibit any persons legally
29 regulated in this State under any other Act from engaging in
30 the practice for which they are licensed, provided that they
31 do not represent themselves by any title prohibited by this
32 Act.
33 (Source: P.A. 90-436, eff. 1-1-98; 90-633, eff. 7-24-98;
34 91-91, eff. 1-1-00; 91-287, eff. 1-1-00; revised 10-7-99.)
-584- LRB9111045EGfg
1 Section 71. The Real Estate License Act of 2000 is
2 amended by changing Sections 1-10, 5-20, and 15-20 as
3 follows:
4 (225 ILCS 454/1-10)
5 Sec. 1-10. Definitions. In this Act, unless the context
6 otherwise requires:
7 "Act" means the Real Estate License Act of 2000 1999.
8 "Advisory Council" means the Real Estate Education
9 Advisory Council created under Section 30-10 of this Act.
10 "Agency" means a relationship in which a real estate
11 broker or licensee, whether directly or through an affiliated
12 licensee, represents a consumer by the consumer's consent,
13 whether express or implied, in a real property transaction.
14 "Applicant" means any person, as defined in this Section,
15 who applies to OBRE for a valid license as a real estate
16 broker, real estate salesperson, or leasing agent.
17 "Blind advertisement" means any real estate advertisement
18 that does not include the sponsoring broker's business name
19 and that is used by any licensee regarding the sale or lease
20 of real estate, including his or her own, licensed
21 activities, or the hiring of any licensee under this Act.
22 The broker's business name in the case of a franchise shall
23 include the franchise affiliation as well as the name of the
24 individual firm.
25 "Board" means the Real Estate Administration and
26 Disciplinary Board of OBRE.
27 "Branch office" means a sponsoring broker's office other
28 than the sponsoring broker's principal office.
29 "Broker" means an individual, partnership, limited
30 liability company, corporation, or registered limited
31 liability partnership other than a real estate salesperson or
32 leasing agent who for another and for compensation either
33 directly or indirectly:
-585- LRB9111045EGfg
1 (1) Sells, exchanges, purchases, rents, or leases
2 real estate.
3 (2) Offers to sell, exchange, purchase, rent, or
4 lease real estate.
5 (3) Negotiates, offers, attempts, or agrees to
6 negotiate the sale, exchange, purchase, rental, or
7 leasing of real estate.
8 (4) Lists, offers, attempts, or agrees to list real
9 estate for sale, lease, or exchange.
10 (5) Buys, sells, offers to buy or sell, or
11 otherwise deals in options on real estate or improvements
12 thereon.
13 (6) Supervises the collection, offer, attempt, or
14 agreement to collect rent for the use of real estate.
15 (7) Advertises or represents himself or herself as
16 being engaged in the business of buying, selling,
17 exchanging, renting, or leasing real estate.
18 (8) Assists or directs in procuring or referring of
19 prospects, intended to result in the sale, exchange,
20 lease, or rental of real estate.
21 (9) Assists or directs in the negotiation of any
22 transaction intended to result in the sale, exchange,
23 lease, or rental of real estate.
24 (10) Opens real estate to the public for marketing
25 purposes.
26 (11) Sells, leases, or offers for sale or lease
27 real estate at auction.
28 "Brokerage agreement" means a written or oral agreement
29 between a sponsoring broker and a consumer for licensed
30 activities to be provided to a consumer in return for
31 compensation or the right to receive compensation from
32 another. Brokerage agreements may constitute either a
33 bilateral or a unilateral agreement between the broker and
34 the broker's client depending upon the content of the
-586- LRB9111045EGfg
1 brokerage agreement. All exclusive brokerage agreements
2 shall be in writing.
3 "Client" means a person who is being represented by a
4 licensee.
5 "Commissioner" means the Commissioner of Banks and Real
6 Estate or a person authorized by the Commissioner, the Office
7 of Banks and Real Estate Act, or this Act to act in the
8 Commissioner's stead.
9 "Compensation" means the valuable consideration given by
10 one person or entity to another person or entity in exchange
11 for the performance of some activity or service.
12 Compensation shall include the transfer of valuable
13 consideration, including without limitation the following:
14 (1) commissions;
15 (2) referral fees;
16 (3) bonuses;
17 (4) prizes;
18 (5) merchandise;
19 (6) finder fees;
20 (7) performance of services;
21 (8) coupons or gift certificates;
22 (9) discounts;
23 (10) rebates;
24 (11) a chance to win a raffle, drawing, lottery, or
25 similar game of chance not prohibited by any other law or
26 statute;
27 (12) retainer fee; or
28 (13) salary.
29 "Confidential information" means information obtained by
30 a licensee from a client during the term of a brokerage
31 agreement that (i) was made confidential by the written
32 request or written instruction of the client, (ii) deals with
33 the negotiating position of the client, or (iii) is
34 information the disclosure of which could materially harm the
-587- LRB9111045EGfg
1 negotiating position of the client, unless at any time:
2 (1) the client permits the disclosure of
3 information given by that client by word or conduct;
4 (2) the disclosure is required by law; or
5 (3) the information becomes public from a source
6 other than the licensee.
7 "Confidential information" shall not be considered to
8 include material information about the physical condition of
9 the property.
10 "Consumer" means a person or entity seeking or receiving
11 licensed activities.
12 "Continuing education school" means any person licensed
13 by OBRE as a school for continuing education in accordance
14 with Section 30-15 of this Act.
15 "Credit hour" means 50 minutes of classroom instruction
16 in course work that meets the requirements set forth in rules
17 adopted by OBRE.
18 "Customer" means a consumer who is not being represented
19 by the licensee but for whom the licensee is performing
20 ministerial acts.
21 "Designated agency" means a contractual relationship
22 between a sponsoring broker and a client under Section 15-50
23 of this Act in which one or more licensees associated with or
24 employed by the broker are designated as agent of the client.
25 "Designated agent" means a sponsored licensee named by a
26 sponsoring broker as the legal agent of a client, as provided
27 for in Section 15-50 of this Act.
28 "Director" means the Director of the Real Estate
29 Division, OBRE.
30 "Dual agency" means an agency relationship in which a
31 licensee is representing both buyer and seller or both
32 landlord and tenant in the same transaction. When the agency
33 relationship is a designated agency, the question of whether
34 there is a dual agency shall be determined by the agency
-588- LRB9111045EGfg
1 relationships of the designated agent of the parties and not
2 of the sponsoring broker.
3 "Employee" or other derivative of the word "employee",
4 when used to refer to, describe, or delineate the
5 relationship between a real estate broker and a real estate
6 salesperson, another real estate broker, or a leasing agent,
7 shall be construed to include an independent contractor
8 relationship, provided that a written agreement exists that
9 clearly establishes and states the relationship. All
10 responsibilities of a broker shall remain.
11 "Escrow moneys" means all moneys, promissory notes or any
12 other type or manner of legal tender or financial
13 consideration deposited with any person for the benefit of
14 the parties to the transaction. A transaction exists once an
15 agreement has been reached and an accepted real estate
16 contract signed or lease agreed to by the parties. Escrow
17 moneys includes without limitation earnest moneys and
18 security deposits, except those security deposits in which
19 the person holding the security deposit is also the sole
20 owner of the property being leased and for which the security
21 deposit is being held.
22 "Inoperative" means a status of licensure where the
23 licensee holds a current license under this Act, but the
24 licensee is prohibited from engaging in licensed activities
25 because the licensee is unsponsored or the license of the
26 sponsoring broker with whom the licensee is associated or by
27 whom he or she is employed is currently expired, revoked,
28 suspended, or otherwise rendered invalid under this Act.
29 "Leasing Agent" means a person who is employed by a real
30 estate broker to engage in licensed activities limited to
31 leasing residential real estate who has obtained a license as
32 provided for in Section 5-5 of this Act.
33 "License" means the document issued by OBRE certifying
34 that the person named thereon has fulfilled all requirements
-589- LRB9111045EGfg
1 prerequisite to licensure under this Act.
2 "Licensed activities" means those activities listed in
3 the definition of "broker" under this Section.
4 "Licensee" means any person, as defined in this Section,
5 who holds a valid unexpired license as a real estate broker,
6 real estate salesperson, or leasing agent.
7 "Listing presentation" means a communication between a
8 real estate broker or salesperson and a consumer in which the
9 licensee is attempting to secure a brokerage agreement with
10 the consumer to market the consumer's real estate for sale or
11 lease.
12 "Managing broker" means a broker who has supervisory
13 responsibilities for licensees in one or, in the case of a
14 multi-office company, more than one office and who has been
15 appointed as such by the sponsoring broker of the real estate
16 firm.
17 "Medium of advertising" means any method of communication
18 intended to influence the general public to use or purchase a
19 particular good or service or real estate.
20 "Ministerial acts" means those acts that a licensee may
21 perform for a consumer that are informative or clerical in
22 nature and do not rise to the level of active representation
23 on behalf of a consumer. Examples of these acts include
24 without limitation (i) responding to phone inquiries by
25 consumers as to the availability and pricing of brokerage
26 services, (ii) responding to phone inquiries from a consumer
27 concerning the price or location of property, (iii) attending
28 an open house and responding to questions about the property
29 from a consumer, (iv) setting an appointment to view
30 property, (v) responding to questions of consumers walking
31 into a licensee's office concerning brokerage services
32 offered or particular properties, (vi) accompanying an
33 appraiser, inspector, contractor, or similar third party on a
34 visit to a property, (vii) describing a property or the
-590- LRB9111045EGfg
1 property's condition in response to a consumer's inquiry,
2 (viii) completing business or factual information for a
3 consumer on an offer or contract to purchase on behalf of a
4 client, (ix) showing a client through a property being sold
5 by an owner on his or her own behalf, or (x) referral to
6 another broker or service provider.
7 "OBRE" means the Office of Banks and Real Estate.
8 "Office" means a real estate broker's place of business
9 where the general public is invited to transact business and
10 where records may be maintained and licenses displayed,
11 whether or not it is the broker's principal place of
12 business.
13 "Person" means and includes individuals, entities,
14 corporations, limited liability companies, registered limited
15 liability partnerships, and partnerships, foreign or
16 domestic, except that when the context otherwise requires,
17 the term may refer to a single individual or other described
18 entity.
19 "Personal assistant" means a licensed or unlicensed
20 person who has been hired for the purpose of aiding or
21 assisting a sponsored licensee in the performance of the
22 sponsored licensee's job.
23 "Pocket card" means the card issued by OBRE to signify
24 that the person named on the card is currently licensed under
25 this Act.
26 "Pre-license school" means a school licensed by OBRE
27 offering courses in subjects related to real estate
28 transactions, including the subjects upon which an applicant
29 is examined in determining fitness to receive a license.
30 "Pre-renewal period" means the period between the date of
31 issue of a currently valid license and the license's
32 expiration date.
33 "Real estate" means and includes leaseholds as well as
34 any other interest or estate in land, whether corporeal,
-591- LRB9111045EGfg
1 incorporeal, freehold, or non-freehold, including timeshare
2 interests, and whether the real estate is situated in this
3 State or elsewhere.
4 "Real Estate Administration and Disciplinary Board" or
5 "Board" means the Real Estate Administration and Disciplinary
6 Board created by Section 25-10 of this Act.
7 "Salesperson" means any individual, other than a real
8 estate broker or leasing agent, who is employed by a real
9 estate broker or is associated by written agreement with a
10 real estate broker as an independent contractor and
11 participates in any activity described in the definition of
12 "broker" under this Section.
13 "Sponsoring broker" means the broker who has issued a
14 sponsor card to a licensed salesperson, another licensed
15 broker, or a leasing agent.
16 "Sponsor card" means the temporary permit issued by the
17 sponsoring real estate broker certifying that the real estate
18 broker, real estate salesperson, or leasing agent named
19 thereon is employed by or associated by written agreement
20 with the sponsoring real estate broker, as provided for in
21 Section 5-40 of this Act.
22 (Source: P.A. 91-245, eff. 12-31-99; 91-585, eff. 1-1-00;
23 91-603, eff. 1-1-00; revised 10-27-99.)
24 (225 ILCS 454/5-20)
25 Sec. 5-20. Exemptions from broker, salesperson, or
26 leasing agent license requirement. The requirement for
27 holding a license under this Article 5 shall not apply to:
28 (1) Any person, partnership, or corporation that as
29 owner or lessor performs any of the acts described in the
30 definition of "broker" under Section 1-10 of this Act with
31 reference to property owned or leased by it, or to the
32 regular employees thereof with respect to the property so
33 owned or leased, where such acts are performed in the regular
-592- LRB9111045EGfg
1 course of or as an incident to the management, sale, or other
2 disposition of such property and the investment therein,
3 provided that such regular employees do not perform any of
4 the acts described in the definition of "broker" under
5 Section 1-10 of this Act in connection with a vocation of
6 selling or leasing any real estate or the improvements
7 thereon not so owned or leased.
8 (2) An attorney in fact acting under a duly executed and
9 recorded power of attorney to convey real estate from the
10 owner or lessor or the services rendered by an attorney at
11 law in the performance of the attorney's duty as an attorney
12 at law.
13 (3) Any person acting as receiver, trustee in
14 bankruptcy, administrator, executor, or guardian or while
15 acting under a court order or under the authority of a will
16 or testamentary trust.
17 (4) Any person acting as a resident manager for the
18 owner or any employee acting as the resident manager for a
19 broker managing an apartment building, duplex, or apartment
20 complex, when the resident manager resides on the premises,
21 the premises is his or her primary residence, and the
22 resident manager is engaged in the leasing of the property of
23 which he or she is the resident manager.
24 (5) Any officer or employee of a federal agency in the
25 conduct of official duties.
26 (6) Any officer or employee of the State government or
27 any political subdivision thereof performing official duties.
28 (7) Any multiple listing service or other information
29 exchange that is engaged in the collection and dissemination
30 of information concerning real estate available for sale,
31 purchase, lease, or exchange along with which no other
32 licensed activities are provided.
33 (8) Railroads and other public utilities regulated by
34 the State of Illinois, or the officers or full time employees
-593- LRB9111045EGfg
1 thereof, unless the performance of any licensed activities is
2 in connection with the sale, purchase, lease, or other
3 disposition of real estate or investment therein not needing
4 the approval of the appropriate State regulatory authority.
5 (9) Any medium of advertising in the routine course of
6 selling or publishing advertising along with which no other
7 licensed activities are provided.
8 (10) Any resident lessee of a residential dwelling unit
9 who refers for compensation to the owner of the dwelling
10 unit, or to the owner's agent, prospective lessees of
11 dwelling units in the same building or complex as the
12 resident lessee's unit, but only if the resident lessee (i)
13 refers no more than 3 prospective lessees in any 12-month
14 period, (ii) receives compensation of no more than $1,000 or
15 the equivalent of one month's rent, whichever is less, in any
16 12-month period, and (iii) limits his or her activities to
17 referring prospective lessees to the owner, or the owner's
18 agent, and does not show a residential dwelling unit to a
19 prospective lessee, discuss terms or conditions of leasing a
20 dwelling unit with a prospective lessee, or otherwise
21 participate in the negotiation of the leasing of a dwelling
22 unit.
23 (11) An exchange company registered under the Real
24 Estate Timeshare Act of 1999 and the regular employees of
25 that registered exchange company but only when conducting an
26 exchange program as defined in that Act.
27 (12) An existing timeshare owner who, for compensation,
28 refers prospective purchasers, but only if the existing
29 timeshare owner (i) refers no more than 20 prospective
30 purchasers in any calendar year, (ii) receives no more than
31 $1,000, or its equivalent, for referrals in any calendar year
32 and (iii) limits his or her activities to referring
33 prospective purchasers of timeshare interests to the
34 developer or the developer's employees or agents, and does
-594- LRB9111045EGfg
1 not show, discuss terms or conditions of purchase or
2 otherwise participate in negotiations with regard to
3 timeshare interests.
4 (13) (11) Any person who is licensed without examination
5 under Section 10-25 of the Auction License Act is exempt from
6 holding a broker's or salesperson's license under this Act
7 for the limited purpose of selling or leasing real estate at
8 auction, so long as:
9 (A) that person has made application for said
10 exemption by July 1, 2000;
11 (B) that person verifies to OBRE that he or
12 she has sold real estate at auction for a period of
13 5 years prior to licensure as an auctioneer;
14 (C) the person has had no lapse in his or her
15 license as an auctioneer; and
16 (D) the license issued under the Auction
17 License Act has not been disciplined for violation
18 of those provisions of Article 20 of the Auction
19 License Act dealing with or related to the sale or
20 lease of real estate at auction.
21 (Source: P.A. 91-245, eff. 12-31-99; 91-585, eff. 1-1-00;
22 91-603, eff. 1-1-00; revised 10-27-99.)
23 (225 ILCS 454/15-20)
24 Sec. 15-20. Failure to disclose information not
25 affecting physical condition. No cause of action shall arise
26 against a licensee for the failure to disclose: (i) that an
27 occupant of the property was afflicted with Human
28 Immunodeficiency Virus (HIV) or any other medical condition;
29 (ii) that the property was the site of an act or occurrence
30 that had no effect on the physical condition of the property
31 or its environment or the structures located thereon; (iii)
32 fact situations on property that is not the subject of the
33 transaction; or (iv) physical conditions located on property
-595- LRB9111045EGfg
1 that is not the subject of the transaction that do not have a
2 substantial adverse effect on the value of the real estate
3 that is the subject of the transaction.
4 (Source: P.A. 91-245, eff. 12-31-99; revised 8-11-99.)
5 Section 72. The Meat and Poultry Inspection Act is
6 amended by changing Section 5 as follows:
7 (225 ILCS 650/5) (from Ch. 56 1/2, par. 305)
8 Sec. 5. Exemptions - Producers, Retailers, and Poultry
9 Raisers.
10 The following types of establishments are exempt from the
11 specific provisions of this Act:
12 (A) A "producer" means any person engaged in producing
13 agricultural products, for personal or family use, on whose
14 farm the number of animals or poultry is in keeping with the
15 size of the farm or with the volume or character of the
16 agricultural products produced thereon, but does not mean any
17 person engaged in producing agricultural products who:
18 1. actively engages in buying or trading animals or
19 poultry or both; or
20 2. actively engages directly or indirectly in
21 conducting a business which includes the slaughter of
22 animals or poultry or both, for human food purposes; or
23 3. actively engages, directly or indirectly, in
24 canning, curing, pickling, freezing, salting meat or
25 poultry, or in preparing meat or poultry products for
26 sale; or
27 4. slaughters or permits any person to slaughter on
28 his or their farm animals or poultry not owned by the
29 producer for more than 30 days.
30 (A-5) Retail dealers or retail butchers with respect to
31 meat or poultry products sold directly to consumers in retail
32 stores; provided, that the only processing operation
-596- LRB9111045EGfg
1 performed by such retail dealers or retail butchers is the
2 cutting up of meat or poultry products which have been
3 inspected under the provisions of this Act and is incidental
4 to the operation of the retail food store.
5 (B) Poultry raisers with respect to poultry raised on
6 their own farms or premises (a) if such raisers slaughter,
7 eviscerate, or further process not more than 5,000 poultry
8 during the calendar year for which this exemption is being
9 granted; (b) such poultry raisers do not engage in buying or
10 selling poultry products other than those produced from
11 poultry raised on their own farms or premises; (c) such
12 poultry or poultry products are slaughtered, otherwise
13 prepared, sold or delivered to the consumer on or from the
14 premises for which the exemption is given; (d) such slaughter
15 or preparation shall be performed in sanitary facilities, in
16 a sanitary manner, and subject to periodic inspection by
17 Department personnel; (e) persons desiring such exemptions
18 shall submit in writing a request to the Department. The
19 exemption shall be effective upon written notice from the
20 Department and shall remain in effect for a period of 2
21 years, unless revoked. Adequate records must be maintained
22 to assure that not more than the number of exempted poultry
23 are slaughtered or processed in one calendar year. Such
24 records shall be kept for one year following the termination
25 of each exemption. Any advertisement regarding the exempt
26 poultry or poultry products shall reflect the fact of
27 exemption so as not to mislead the consumer to presume
28 official inspection has been made under The Meat and Poultry
29 Inspection Act.
30 (Source: P.A. 91-170, eff. 1-1-00; 91-614, eff. 1-1-00;
31 revised 10-12-99.)
32 Section 73. The Illinois Horse Racing Act of 1975 is
33 amended by changing Sections 12.1 and 28 as follows:
-597- LRB9111045EGfg
1 (230 ILCS 5/12.1) (from Ch. 8, par. 37-12.1)
2 Sec. 12.1. (a) The General Assembly finds that the
3 Illinois Racing Industry does not include a fair proportion
4 of minority or female workers.
5 Therefore, the General Assembly urges that the job
6 training institutes, trade associations and employers
7 involved in the Illinois Horse Racing Industry take
8 affirmative action to encourage equal employment opportunity
9 to all workers regardless of race, color, creed or sex.
10 Before an organization license, inter-track wagering
11 license or inter-track wagering location license can be
12 granted, the applicant for any such license shall execute and
13 file with the Board a good faith affirmative action plan to
14 recruit, train and upgrade minorities and females in all
15 classifications with the applicant for license. One year
16 after issuance of any such license, and each year thereafter,
17 the licensee shall file a report with the Board evidencing
18 and certifying compliance with the originally filed
19 affirmative action plan.
20 (b) At least 10% of the total amount of all State
21 contracts for the infrastructure improvement of any race
22 track grounds in this State shall be let to minority owned
23 businesses or female owned businesses. "State contract",
24 "minority owned business" and "female owned business" shall
25 have the meanings ascribed to them under the Minority and
26 Female Business Enterprise for Minorities, Females, and
27 Persons with Disabilities Act.
28 (Source: P.A. 89-16, eff. 5-30-95; revised 8-23-99.)
29 (230 ILCS 5/28) (from Ch. 8, par. 37-28)
30 Sec. 28. Except as provided in subsection (g) of Section
31 27 of this Act, moneys collected shall be distributed
32 according to the provisions of this Section 28.
33 (a) Thirty per cent of the total of all monies received
-598- LRB9111045EGfg
1 by the State as privilege taxes shall be paid into the
2 Metropolitan Fair and Exposition Authority Reconstruction
3 Fund in the State treasury until such Fund contains
4 sufficient money to pay in full, both principal and interest,
5 all of the outstanding bonds issued pursuant to the Fair and
6 Exposition Authority Reconstruction Act, approved July 31,
7 1967, as amended, and thereafter shall be paid into the
8 Metropolitan Exposition Auditorium and Office Building Fund
9 in the State Treasury.
10 (b) Four and one-half per cent of the total of all
11 monies received by the State as privilege taxes shall be paid
12 into the State treasury into a special Fund to be known as
13 the "Metropolitan Exposition, Auditorium, and Office Building
14 Fund".
15 (c) Fifty per cent of the total of all monies received
16 by the State as privilege taxes under the provisions of this
17 Act shall be paid into the "Agricultural Premium Fund".
18 (d) Seven per cent of the total of all monies received
19 by the State as privilege taxes shall be paid into the Fair
20 and Exposition Fund in the State treasury; provided, however,
21 that when all bonds issued prior to July 1, 1984 by the
22 Metropolitan Fair and Exposition Authority shall have been
23 paid or payment shall have been provided for upon a refunding
24 of those bonds, thereafter 1/12 of $1,665,662 of such monies
25 shall be paid each month into the Build Illinois Fund, and
26 the remainder into the Fair and Exposition Fund. All excess
27 monies shall be allocated to the Department of Agriculture
28 for distribution to county fairs for premiums and
29 rehabilitation as set forth in the Agricultural Fair Act.
30 (e) The monies provided for in Section 30 shall be paid
31 into the Illinois Thoroughbred Breeders Fund.
32 (f) The monies provided for in Section 31 shall be paid
33 into the Illinois Standardbred Breeders Fund.
34 (g) Until January 1, 2000, that part representing 1/2 of
-599- LRB9111045EGfg
1 the total breakage in Thoroughbred, Harness, Appaloosa,
2 Arabian, and Quarter Horse racing in the State shall be paid
3 into the "Illinois Race Track Improvement Fund" as
4 established in Section 32.
5 (h) All other monies received by the Board under this
6 Act shall be paid into the General Revenue Fund of the State.
7 (i) The salaries of the Board members, secretary,
8 stewards, directors of mutuels, veterinarians,
9 representatives, accountants, clerks, stenographers,
10 inspectors and other employees of the Board, and all expenses
11 of the Board incident to the administration of this Act,
12 including, but not limited to, all expenses and salaries
13 incident to the taking of saliva and urine samples in
14 accordance with the rules and regulations of the Board shall
15 be paid out of the Agricultural Premium Fund.
16 (j) The Agricultural Premium Fund shall also be used:
17 (1) for the expenses of operating the Illinois
18 State Fair and the DuQuoin State Fair, including the
19 payment of prize money or premiums;
20 (2) for the distribution to county fairs,
21 vocational agriculture section fairs, agricultural
22 societies, and agricultural extension clubs in accordance
23 with the "Agricultural Fair Act", as amended;
24 (3) for payment of prize monies and premiums
25 awarded and for expenses incurred in connection with the
26 International Livestock Exposition and the Mid-Continent
27 Livestock Exposition held in Illinois, which premiums,
28 and awards must be approved, and paid by the Illinois
29 Department of Agriculture;
30 (4) for personal service of county agricultural
31 advisors and county home advisors;
32 (5) for distribution to agricultural home economic
33 extension councils in accordance with "An Act in relation
34 to additional support and finance for the Agricultural
-600- LRB9111045EGfg
1 and Home Economic Extension Councils in the several
2 counties in this State and making an appropriation
3 therefor", approved July 24, 1967, as amended;
4 (6) for research on equine disease, including a
5 development center therefor;
6 (7) for training scholarships for study on equine
7 diseases to students at the University of Illinois
8 College of Veterinary Medicine;
9 (8) for the rehabilitation, repair and maintenance
10 of the Illinois and DuQuoin State Fair Grounds and the
11 structures and facilities thereon and the construction of
12 permanent improvements on such Fair Grounds, including
13 such structures, facilities and property located on such
14 State Fair Grounds which are under the custody and
15 control of the Department of Agriculture;
16 (9) for the expenses of the Department of
17 Agriculture under Section 5-530 of the Departments of
18 State Government Law (20 ILCS 5/5-530);
19 (10) for the expenses of the Department of Commerce
20 and Community Affairs under Sections 605-620, 605-625,
21 and 605-630 of the Department of Commerce and Community
22 Affairs Law (20 ILCS 605/605-620, 605/605-625, and
23 605/605-630);
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;
-601- LRB9111045EGfg
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. 91-40, eff. 1-1-00; 91-239, eff. 1-1-00;
11 revised 8-9-99.)
12 Section 74. The Riverboat Gambling Act is amended by
13 changing Section 5 as follows:
14 (230 ILCS 10/5) (from Ch. 120, par. 2405)
15 Sec. 5. Gaming Board.
16 (a) (1) There is hereby established within the
17 Department of Revenue an Illinois Gaming Board which shall
18 have the powers and duties specified in this Act, and all
19 other powers necessary and proper to fully and effectively
20 execute this Act for the purpose of administering,
21 regulating, and enforcing the system of riverboat gambling
22 established by this Act. Its jurisdiction shall extend under
23 this Act to every person, association, corporation,
24 partnership and trust involved in riverboat gambling
25 operations in the State of Illinois.
26 (2) The Board shall consist of 5 members to be appointed
27 by the Governor with the advice and consent of the Senate,
28 one of whom shall be designated by the Governor to be
29 chairman. Each member shall have a reasonable knowledge of
30 the practice, procedure and principles of gambling
31 operations. Each member shall either be a resident of
32 Illinois or shall certify that he will become a resident of
-602- LRB9111045EGfg
1 Illinois before taking office. At least one member shall be
2 experienced in law enforcement and criminal investigation, at
3 least one member shall be a certified public accountant
4 experienced in accounting and auditing, and at least one
5 member shall be a lawyer licensed to practice law in
6 Illinois.
7 (3) The terms of office of the Board members shall be 3
8 years, except that the terms of office of the initial Board
9 members appointed pursuant to this Act will commence from the
10 effective date of this Act and run as follows: one for a
11 term ending July 1, 1991, 2 for a term ending July 1, 1992,
12 and 2 for a term ending July 1, 1993. Upon the expiration of
13 the foregoing terms, the successors of such members shall
14 serve a term for 3 years and until their successors are
15 appointed and qualified for like terms. Vacancies in the
16 Board shall be filled for the unexpired term in like manner
17 as original appointments. Each member of the Board shall be
18 eligible for reappointment at the discretion of the Governor
19 with the advice and consent of the Senate.
20 (4) Each member of the Board shall receive $300 for each
21 day the Board meets and for each day the member conducts any
22 hearing pursuant to this Act. Each member of the Board shall
23 also be reimbursed for all actual and necessary expenses and
24 disbursements incurred in the execution of official duties.
25 (5) No person shall be appointed a member of the Board
26 or continue to be a member of the Board who is, or whose
27 spouse, child or parent is, a member of the board of
28 directors of, or a person financially interested in, any
29 gambling operation subject to the jurisdiction of this Board,
30 or any race track, race meeting, racing association or the
31 operations thereof subject to the jurisdiction of the
32 Illinois Racing Board. No Board member shall hold any other
33 public office for which he shall receive compensation other
34 than necessary travel or other incidental expenses. No
-603- LRB9111045EGfg
1 person shall be a member of the Board who is not of good
2 moral character or who has been convicted of, or is under
3 indictment for, a felony under the laws of Illinois or any
4 other state, or the United States.
5 (6) Any member of the Board may be removed by the
6 Governor for neglect of duty, misfeasance, malfeasance, or
7 nonfeasance in office.
8 (7) Before entering upon the discharge of the duties of
9 his office, each member of the Board shall take an oath that
10 he will faithfully execute the duties of his office according
11 to the laws of the State and the rules and regulations
12 adopted therewith and shall give bond to the State of
13 Illinois, approved by the Governor, in the sum of $25,000.
14 Every such bond, when duly executed and approved, shall be
15 recorded in the office of the Secretary of State. Whenever
16 the Governor determines that the bond of any member of the
17 Board has become or is likely to become invalid or
18 insufficient, he shall require such member forthwith to renew
19 his bond, which is to be approved by the Governor. Any
20 member of the Board who fails to take oath and give bond
21 within 30 days from the date of his appointment, or who fails
22 to renew his bond within 30 days after it is demanded by the
23 Governor, shall be guilty of neglect of duty and may be
24 removed by the Governor. The cost of any bond given by any
25 member of the Board under this Section shall be taken to be a
26 part of the necessary expenses of the Board.
27 (8) Upon the request of the Board, the Department shall
28 employ such personnel as may be necessary to carry out the
29 functions of the Board. No person shall be employed to serve
30 the Board who is, or whose spouse, parent or child is, an
31 official of, or has a financial interest in or financial
32 relation with, any operator engaged in gambling operations
33 within this State or any organization engaged in conducting
34 horse racing within this State. Any employee violating these
-604- LRB9111045EGfg
1 prohibitions shall be subject to termination of employment.
2 (9) An Administrator shall perform any and all duties
3 that the Board shall assign him. The salary of the
4 Administrator shall be determined by the Board and approved
5 by the Director of the Department and, in addition, he shall
6 be reimbursed for all actual and necessary expenses incurred
7 by him in discharge of his official duties. The
8 Administrator shall keep records of all proceedings of the
9 Board and shall preserve all records, books, documents and
10 other papers belonging to the Board or entrusted to its care.
11 The Administrator shall devote his full time to the duties of
12 the office and shall not hold any other office or employment.
13 (b) The Board shall have general responsibility for the
14 implementation of this Act. Its duties include, without
15 limitation, the following:
16 (1) To decide promptly and in reasonable order all
17 license applications. Any party aggrieved by an action of
18 the Board denying, suspending, revoking, restricting or
19 refusing to renew a license may request a hearing before
20 the Board. A request for a hearing must be made to the
21 Board in writing within 5 days after service of notice of
22 the action of the Board. Notice of the action of the
23 Board shall be served either by personal delivery or by
24 certified mail, postage prepaid, to the aggrieved party.
25 Notice served by certified mail shall be deemed complete
26 on the business day following the date of such mailing.
27 The Board shall conduct all requested hearings promptly
28 and in reasonable order;
29 (2) To conduct all hearings pertaining to civil
30 violations of this Act or rules and regulations
31 promulgated hereunder;
32 (3) To promulgate such rules and regulations as in
33 its judgment may be necessary to protect or enhance the
34 credibility and integrity of gambling operations
-605- LRB9111045EGfg
1 authorized by this Act and the regulatory process
2 hereunder;
3 (4) To provide for the establishment and collection
4 of all license and registration fees and taxes imposed by
5 this Act and the rules and regulations issued pursuant
6 hereto. All such fees and taxes shall be deposited into
7 the State Gaming Fund;
8 (5) To provide for the levy and collection of
9 penalties and fines for the violation of provisions of
10 this Act and the rules and regulations promulgated
11 hereunder. All such fines and penalties shall be
12 deposited into the Education Assistance Fund, created by
13 Public Act 86-0018, of the State of Illinois;
14 (6) To be present through its inspectors and agents
15 any time gambling operations are conducted on any
16 riverboat for the purpose of certifying the revenue
17 thereof, receiving complaints from the public, and
18 conducting such other investigations into the conduct of
19 the gambling games and the maintenance of the equipment
20 as from time to time the Board may deem necessary and
21 proper;
22 (7) To review and rule upon any complaint by a
23 licensee regarding any investigative procedures of the
24 State which are unnecessarily disruptive of gambling
25 operations. The need to inspect and investigate shall be
26 presumed at all times. The disruption of a licensee's
27 operations shall be proved by clear and convincing
28 evidence, and establish that: (A) the procedures had no
29 reasonable law enforcement purposes, and (B) the
30 procedures were so disruptive as to unreasonably inhibit
31 gambling operations;
32 (8) To hold at least one meeting each quarter of
33 the fiscal year. In addition, special meetings may be
34 called by the Chairman or any 2 Board members upon 72
-606- LRB9111045EGfg
1 hours written notice to each member. All Board meetings
2 shall be subject to the Open Meetings Act. Three members
3 of the Board shall constitute a quorum, and 3 votes shall
4 be required for any final determination by the Board.
5 The Board shall keep a complete and accurate record of
6 all its meetings. A majority of the members of the Board
7 shall constitute a quorum for the transaction of any
8 business, for the performance of any duty, or for the
9 exercise of any power which this Act requires the Board
10 members to transact, perform or exercise en banc, except
11 that, upon order of the Board, one of the Board members
12 or an administrative law judge designated by the Board
13 may conduct any hearing provided for under this Act or by
14 Board rule and may recommend findings and decisions to
15 the Board. The Board member or administrative law judge
16 conducting such hearing shall have all powers and rights
17 granted to the Board in this Act. The record made at the
18 time of the hearing shall be reviewed by the Board, or a
19 majority thereof, and the findings and decision of the
20 majority of the Board shall constitute the order of the
21 Board in such case;
22 (9) To maintain records which are separate and
23 distinct from the records of any other State board or
24 commission. Such records shall be available for public
25 inspection and shall accurately reflect all Board
26 proceedings;
27 (10) To file a written annual report with the
28 Governor on or before March 1 each year and such
29 additional reports as the Governor may request. The
30 annual report shall include a statement of receipts and
31 disbursements by the Board, actions taken by the Board,
32 and any additional information and recommendations which
33 the Board may deem valuable or which the Governor may
34 request;
-607- LRB9111045EGfg
1 (11) (Blank); and
2 (12) To assume responsibility for the
3 administration and enforcement of the Bingo License and
4 Tax Act, the Charitable Games Act, and the Pull Tabs and
5 Jar Games Act if such responsibility is delegated to it
6 by the Director of Revenue.
7 (c) The Board shall have jurisdiction over and shall
8 supervise all gambling operations governed by this Act. The
9 Board shall have all powers necessary and proper to fully and
10 effectively execute the provisions of this Act, including,
11 but not limited to, the following:
12 (1) To investigate applicants and determine the
13 eligibility of applicants for licenses and to select
14 among competing applicants the applicants which best
15 serve the interests of the citizens of Illinois.
16 (2) To have jurisdiction and supervision over all
17 riverboat gambling operations in this State and all
18 persons on riverboats where gambling operations are
19 conducted.
20 (3) To promulgate rules and regulations for the
21 purpose of administering the provisions of this Act and
22 to prescribe rules, regulations and conditions under
23 which all riverboat gambling in the State shall be
24 conducted. Such rules and regulations are to provide for
25 the prevention of practices detrimental to the public
26 interest and for the best interests of riverboat
27 gambling, including rules and regulations regarding the
28 inspection of such riverboats and the review of any
29 permits or licenses necessary to operate a riverboat
30 under any laws or regulations applicable to riverboats,
31 and to impose penalties for violations thereof.
32 (4) To enter the office, riverboats, facilities, or
33 other places of business of a licensee, where evidence of
34 the compliance or noncompliance with the provisions of
-608- LRB9111045EGfg
1 this Act is likely to be found.
2 (5) To investigate alleged violations of this Act
3 or the rules of the Board and to take appropriate
4 disciplinary action against a licensee or a holder of an
5 occupational license for a violation, or institute
6 appropriate legal action for enforcement, or both.
7 (6) To adopt standards for the licensing of all
8 persons under this Act, as well as for electronic or
9 mechanical gambling games, and to establish fees for such
10 licenses.
11 (7) To adopt appropriate standards for all
12 riverboats and facilities.
13 (8) To require that the records, including
14 financial or other statements of any licensee under this
15 Act, shall be kept in such manner as prescribed by the
16 Board and that any such licensee involved in the
17 ownership or management of gambling operations submit to
18 the Board an annual balance sheet and profit and loss
19 statement, list of the stockholders or other persons
20 having a 1% or greater beneficial interest in the
21 gambling activities of each licensee, and any other
22 information the Board deems necessary in order to
23 effectively administer this Act and all rules,
24 regulations, orders and final decisions promulgated under
25 this Act.
26 (9) To conduct hearings, issue subpoenas for the
27 attendance of witnesses and subpoenas duces tecum for the
28 production of books, records and other pertinent
29 documents in accordance with the Illinois Administrative
30 Procedure Act, and to administer oaths and affirmations
31 to the witnesses, when, in the judgment of the Board, it
32 is necessary to administer or enforce this Act or the
33 Board rules.
34 (10) To prescribe a form to be used by any licensee
-609- LRB9111045EGfg
1 involved in the ownership or management of gambling
2 operations as an application for employment for their
3 employees.
4 (11) To revoke or suspend licenses, as the Board
5 may see fit and in compliance with applicable laws of the
6 State regarding administrative procedures, and to review
7 applications for the renewal of licenses. The Board may
8 suspend an owners license, without notice or hearing upon
9 a determination that the safety or health of patrons or
10 employees is jeopardized by continuing a riverboat's
11 operation. The suspension may remain in effect until the
12 Board determines that the cause for suspension has been
13 abated. The Board may revoke the owners license upon a
14 determination that the owner has not made satisfactory
15 progress toward abating the hazard.
16 (12) To eject or exclude or authorize the ejection
17 or exclusion of, any person from riverboat gambling
18 facilities where such person is in violation of this Act,
19 rules and regulations thereunder, or final orders of the
20 Board, or where such person's conduct or reputation is
21 such that his presence within the riverboat gambling
22 facilities may, in the opinion of the Board, call into
23 question the honesty and integrity of the gambling
24 operations or interfere with orderly conduct thereof;
25 provided that the propriety of such ejection or exclusion
26 is subject to subsequent hearing by the Board.
27 (13) To require all licensees of gambling
28 operations to utilize a cashless wagering system whereby
29 all players' money is converted to tokens, electronic
30 cards, or chips which shall be used only for wagering in
31 the gambling establishment.
32 (14) (Blank).
33 (15) To suspend, revoke or restrict licenses, to
34 require the removal of a licensee or an employee of a
-610- LRB9111045EGfg
1 licensee for a violation of this Act or a Board rule or
2 for engaging in a fraudulent practice, and to impose
3 civil penalties of up to $5,000 against individuals and
4 up to $10,000 or an amount equal to the daily gross
5 receipts, whichever is larger, against licensees for each
6 violation of any provision of the Act, any rules adopted
7 by the Board, any order of the Board or any other action
8 which, in the Board's discretion, is a detriment or
9 impediment to riverboat gambling operations.
10 (16) To hire employees to gather information,
11 conduct investigations and carry out any other tasks
12 contemplated under this Act.
13 (17) To establish minimum levels of insurance to be
14 maintained by licensees.
15 (18) To authorize a licensee to sell or serve
16 alcoholic liquors, wine or beer as defined in the Liquor
17 Control Act of 1934 on board a riverboat and to have
18 exclusive authority to establish the hours for sale and
19 consumption of alcoholic liquor on board a riverboat,
20 notwithstanding any provision of the Liquor Control Act
21 of 1934 or any local ordinance, and regardless of whether
22 the riverboat makes excursions. The establishment of the
23 hours for sale and consumption of alcoholic liquor on
24 board a riverboat is an exclusive power and function of
25 the State. A home rule unit may not establish the hours
26 for sale and consumption of alcoholic liquor on board a
27 riverboat. This amendatory Act of 1991 is a denial and
28 limitation of home rule powers and functions under
29 subsection (h) of Section 6 of Article VII of the
30 Illinois Constitution.
31 (19) After consultation with the U.S. Army Corps of
32 Engineers, to establish binding emergency orders upon the
33 concurrence of a majority of the members of the Board
34 regarding the navigability of water, relative to
-611- LRB9111045EGfg
1 excursions, in the event of extreme weather conditions,
2 acts of God or other extreme circumstances.
3 (20) To delegate the execution of any of its powers
4 under this Act for the purpose of administering and
5 enforcing this Act and its rules and regulations
6 hereunder.
7 (21) To take any other action as may be reasonable
8 or appropriate to enforce this Act and rules and
9 regulations hereunder.
10 (d) The Board may seek and shall receive the cooperation
11 of the Department of State Police in conducting background
12 investigations of applicants and in fulfilling its
13 responsibilities under this Section. Costs incurred by the
14 Department of State Police as a result of such cooperation
15 shall be paid by the Board in conformance with the
16 requirements of Section 2605-400 of the Department of State
17 Police Law (20 ILCS 2605/2605-400).
18 (Source: P.A. 91-40, eff. 1-1-00; 91-239, eff. 1-1-00;
19 revised 8-9-99.)
20 Section 75. The Grain Code is amended by changing
21 Sections 1-10 and 1-15 as follows:
22 (240 ILCS 40/1-10)
23 Sec. 1-10. Definitions. As used in this Act:
24 "Board" means the governing body of the Illinois Grain
25 Insurance Corporation.
26 "Certificate" means a document, other than the license,
27 issued by the Department that certifies that a grain dealer's
28 license has been issued and is in effect.
29 "Claimant" means:
30 (a) a person, including, without limitation, a lender:
31 (1) who possesses warehouse receipts issued from an
32 Illinois location covering grain owned or stored by a
-612- LRB9111045EGfg
1 failed warehouseman; or
2 (2) who has other written evidence of a storage
3 obligation of a failed warehouseman issued from an
4 Illinois location in favor of the holder, including, but
5 not limited to, scale tickets, settlement sheets, and
6 ledger cards; or
7 (3) who has loaned money to a warehouseman and was
8 to receive a warehouse receipt issued from an Illinois
9 location as security for that loan, who surrendered
10 warehouse receipts as part of a grain sale at an Illinois
11 location, or who delivered grain out of storage with the
12 warehouseman as part of a grain sale at an Illinois
13 location; and
14 (i) the grain dealer or warehouseman failed
15 within 21 days after the loan of money, the
16 surrender of warehouse receipts, or the delivery of
17 grain, as the case may be, and no warehouse receipt
18 was issued or payment in full was not made on the
19 grain sale, as the case may be; or
20 (ii) written notice was given by the person to
21 the Department within 21 days after the loan of
22 money, the surrender of warehouse receipts, or the
23 delivery of grain, as the case may be, stating that
24 no warehouse receipt was issued or payment in full
25 made on the grain sale, as the case may be; or
26 (b) a producer not included in item (a)(3) in the
27 definition of "Claimant" who possesses evidence of the sale
28 at an Illinois location of grain delivered to a failed grain
29 dealer and who was not paid in full.
30 "Class I warehouseman" means a warehouseman who is
31 authorized to issue negotiable and non-negotiable warehouse
32 receipts.
33 "Class II warehouseman" means a warehouseman who is
34 authorized to issue only non-negotiable warehouse receipts.
-613- LRB9111045EGfg
1 "Code" means the Grain Code.
2 "Collateral" means:
3 (a) irrevocable letters of credit;
4 (b) certificates of deposit;
5 (c) cash or a cash equivalent; or
6 (d) any other property acceptable to the Department to
7 the extent there exists equity in that property. For the
8 purposes of this item (d), "equity" is the amount by which
9 the fair market value of the property exceeds the amount owed
10 to a creditor who has a valid, prior, perfected security
11 interest in or other lien on the property.
12 "Corporation" means the Illinois Grain Insurance
13 Corporation.
14 "Daily position record" means a grain inventory
15 accountability record maintained on a daily basis that
16 includes an accurate reflection of changes in grain
17 inventory, storage obligations, company-owned inventory by
18 commodity, and other information that is required by the
19 Department.
20 "Daily grain transaction report" means a record of the
21 daily transactions of a grain dealer showing the amount of
22 all grain received and shipped during each day and the amount
23 on hand at the end of each day.
24 "Date of delivery of grain" means:
25 (a) the date grain is delivered to a grain dealer for
26 the purpose of sale;
27 (b) the date grain is delivered to a warehouseman for
28 the purpose of storage; or
29 (c) in reference to grain in storage with a
30 warehouseman, the date a warehouse receipt representing
31 stored grain is delivered to the issuer of the warehouse
32 receipt for the purpose of selling the stored grain or, if no
33 warehouse receipt was issued:
34 (1) the date the purchase price for stored grain is
-614- LRB9111045EGfg
1 established; or
2 (2) if sold by price later contract, the date of
3 the price later contract.
4 "Department" means the Illinois Department of
5 Agriculture.
6 "Depositor" means a person who has evidence of a storage
7 obligation from a warehouseman.
8 "Director", unless otherwise provided, means the Illinois
9 Director of Agriculture, or the Director's designee.
10 "Emergency storage" means space measured in bushels and
11 used for a period of time not to exceed 3 months for storage
12 of grain as a consequence of an emergency situation.
13 "Equity assets" means:
14 (a) The equity in any property of the licensee or failed
15 licensee, other than grain assets. For purposes of this item
16 (a):
17 (1) "equity" is the amount by which the fair market
18 value of the property exceeds the amount owed to a
19 creditor who has a valid security interest in or other
20 lien on the property that was perfected before the date
21 of failure of the licensee;
22 (2) a creditor is not deemed to have a valid
23 security interest or other lien on property if (i) the
24 property can be directly traced as being from the sale of
25 grain by the licensee or failed licensee; (ii) the
26 security interest was taken as additional collateral on
27 account of an antecedent debt owed to the creditor; and
28 (iii) the security interest or other lien was perfected
29 (A) on or within 90 days before the date of failure of
30 the licensee or (B) when the creditor is a related
31 person, within one year of the date of failure of the
32 licensee.
33 "Failure" means, in reference to a licensee:
34 (a) a formal declaration of insolvency;
-615- LRB9111045EGfg
1 (b) a revocation of a license;
2 (c) a failure to apply for license renewal, leaving
3 indebtedness to claimants;
4 (d) a denial of license renewal, leaving indebtedness to
5 claimants; or
6 (e) a voluntary surrender of a license, leaving
7 indebtedness to claimants.
8 "Federal warehouseman" means a warehouseman licensed by
9 the United States government under the United States
10 Warehouse Act (7 U.S.C. 241 et seq.).
11 "Fund" means the Illinois Grain Insurance Fund.
12 "Grain" means corn, soybeans, wheat, oats, rye, barley,
13 grain sorghum, canola, buckwheat, flaxseed, edible soybeans,
14 and other like agricultural commodities designated by rule.
15 "Grain assets" means:
16 (a) all grain owned and all grain stored by a licensee
17 or failed licensee, wherever located;
18 (b) redeposited grain of a licensee or failed licensee;
19 (c) identifiable proceeds, including, but not limited
20 to, insurance proceeds, received by or due to a licensee or
21 failed licensee resulting from the sale, exchange,
22 destruction, loss, or theft of grain, or other disposition of
23 grain by the licensee or failed licensee; or
24 (d) assets in hedging or speculative margin accounts
25 held by commodity or security exchanges on behalf of a
26 licensee or failed licensee and any moneys due or to become
27 due to a licensee or failed licensee, less any secured
28 financing directly associated with those assets or moneys,
29 from any transactions on those exchanges.
30 For purposes of this Act, storage charges, drying
31 charges, price later contract service charges, and other
32 grain service charges received by or due to a licensee or
33 failed licensee shall not be deemed to be grain assets, nor
34 shall such charges be deemed to be proceeds from the sale or
-616- LRB9111045EGfg
1 other disposition of grain by a licensee or a failed
2 licensee, or to have been directly or indirectly traceable
3 from, to have resulted from, or to have been derived in whole
4 or in part from, or otherwise related to, the sale or other
5 disposition of grain by the licensee or failed licensee.
6 "Grain dealer" means a person who is licensed by the
7 Department to engage in the business of buying grain from
8 producers.
9 "Grain Indemnity Trust Account" means a trust account
10 established by the Director under Section 205-410 of the
11 Department of Agriculture Law (20 ILCS 205/205-410) that is
12 used for the receipt and disbursement of moneys paid from the
13 Fund and proceeds from the liquidation of and collection upon
14 grain assets, equity assets, collateral, or guarantees of or
15 relating to failed licensees. The Grain Indemnity Trust
16 Account shall be used to pay valid claims, authorized refunds
17 from the Fund, and expenses incurred in preserving,
18 liquidating, and collecting upon grain assets, equity assets,
19 collateral, and guarantees relating to failed licensees.
20 "Guarantor" means a person who assumes all or part of the
21 obligations of a licensee to claimants.
22 "Guarantee" means a document executed by a guarantor by
23 which the guarantor assumes all or part of the obligations of
24 a licensee to claimants.
25 "Incidental grain dealer" means a grain dealer who
26 purchases grain only in connection with a feed milling
27 operation and whose total purchases of grain from producers
28 during the grain dealer's fiscal year do not exceed $100,000.
29 "Licensed storage capacity" means the maximum grain
30 storage capacity measured in bushels approved by the
31 applicable licensing agency for use by a warehouseman.
32 "Licensee" means a grain dealer or warehouseman who is
33 licensed by the Department and a federal warehouseman that is
34 a participant in the Fund, under subsection (c) of Section
-617- LRB9111045EGfg
1 30-10.
2 "Official grain standards" means the official grade
3 designations as adopted by the United States Department of
4 Agriculture under the United States Grain Standards Act and
5 regulations adopted under that Act (7 U.S.C. 71 et seq. and 7
6 CFR 810.201 et seq.).
7 "Permanent storage capacity" means the capacity of
8 permanent structures available for storage of grain on a
9 regular and continuous basis and measured in bushels.
10 "Person" means any individual or entity, including, but
11 not limited to, a sole proprietorship, a partnership, a
12 corporation, a cooperative, an association, a limited
13 liability company, an estate, or a trust.
14 "Price later contract" means a written contract for the
15 sale of grain whereby any part of the purchase price may be
16 established by the seller after delivery of the grain to a
17 grain dealer according to a pricing formula contained in the
18 contract. Title to the grain passes to the grain dealer at
19 the time of delivery. The precise form and the general terms
20 and conditions of the contract shall be established by rule.
21 "Producer" means the owner, tenant, or operator of land
22 who has an interest in and receives all or part of the
23 proceeds from the sale of the grain produced on the land.
24 "Producer protection holding corporation" means a holding
25 corporation to receive, hold title to, and liquidate assets
26 of or relating to a failed licensee, including assets in
27 reference to collateral or guarantees relating to a failed
28 licensee.
29 "Related persons" means affiliates of a licensee, key
30 persons of a licensee, owners of a licensee, and persons who
31 have control over a licensee. For the purposes of this
32 definition:
33 (a) "Affiliate" means a person who has direct or
34 indirect control of a licensee, is controlled by a
-618- LRB9111045EGfg
1 licensee, or is under common control with a licensee.
2 (b) "Key person" means an officer, a director, a
3 trustee, a partner, a proprietor, a manager, a managing
4 agent, or the spouse of a licensee. An officer or a
5 director of an entity organized or operating as a
6 cooperative, however, shall not be considered to be a
7 "key person".
8 (c) "Owner" means the holder of: over 10% of the
9 total combined voting power of a corporation or over 10%
10 of the total value of shares of all classes of stock of a
11 corporation; over a 10% interest in a partnership; over
12 10% of the value of a trust computed actuarially; or over
13 10% of the legal or beneficial interest in any other
14 business, association, endeavor, or entity that is a
15 licensee. For purposes of computing these percentages, a
16 holder is deemed to own stock or other interests in a
17 business entity whether the ownership is direct or
18 indirect.
19 (d) "Control" means the power to exercise authority
20 over or direct the management or policies of a business
21 entity.
22 (e) "Indirect" means an interest in a business held
23 by the holder not through the holder's actual holdings in
24 the business, but through the holder's holdings in other
25 businesses.
26 (f) Notwithstanding any other provision of this
27 Act, the term "related person" does not include a lender,
28 secured party, or other lien holder solely by reason of
29 the existence of the loan, security interest, or lien, or
30 solely by reason of the lender, secured party, or other
31 lien holder having or exercising any right or remedy
32 provided by law or by agreement with a licensee or a
33 failed licensee.
34 "Successor agreement" means an agreement by which a
-619- LRB9111045EGfg
1 licensee succeeds to the grain obligations of a former
2 licensee.
3 "Temporary storage space" means space measured in bushels
4 and used for 6 months or less for storage of grain on a
5 temporary basis due to a need for additional storage in
6 excess of permanent storage capacity.
7 "Trust account" means the Grain Indemnity Trust Account.
8 "Valid claim" means a claim, submitted by a claimant,
9 whose amount and category have been determined by the
10 Department, to the extent that determination is not subject
11 to further administrative review or appeal.
12 "Warehouse" means a building, structure, or enclosure in
13 which grain is stored for the public for compensation,
14 whether grain of different owners is commingled or whether
15 identity of different lots of grain is preserved.
16 "Warehouse receipt" means a receipt for the storage of
17 grain issued by a warehouseman.
18 "Warehouseman" means a person who is licensed:
19 (a) by the Department to engage in the business of
20 storing grain for compensation; or
21 (b) under the United States Warehouse Act who
22 participates in the Fund under subsection (c) of Section
23 30-10.
24 (Source: P.A. 91-213, eff. 7-20-99; 91-239, eff. 1-1-00;
25 revised 10-13-99.)
26 (240 ILCS 40/1-15)
27 Sec. 1-15. Powers and duties of Director. The Director
28 has all powers necessary and proper to fully and effectively
29 execute the provisions of this Code and has the general duty
30 to implement this Code. The Director's powers and duties
31 include, but are not limited to, the following:
32 (1) The Director may, upon application, issue or refuse
33 to issue licenses under this Code, and the Director may
-620- LRB9111045EGfg
1 extend, renew, reinstate, suspend, revoke, or accept
2 voluntary surrender of licenses under this Code.
3 (2) The Director shall examine and inspect each licensee
4 at least once each calendar year. The Director may inspect
5 the premises used by a licensee at any time. The books,
6 accounts, records, and papers of a licensee are at all times
7 during business hours subject to inspection by the Director.
8 Each licensee may also be required to make reports of its
9 activities, obligations, and transactions that are deemed
10 necessary by the Director to determine whether the interests
11 of producers and the holders of warehouse receipts are
12 adequately protected and safeguarded. The Director may take
13 action or issue orders that in the opinion of the Director
14 are necessary to prevent fraud upon or discrimination against
15 producers or depositors by a licensee.
16 (3) The Director may, upon his or her initiative or upon
17 the written verified complaint of any person setting forth
18 facts that if proved would constitute grounds for a refusal
19 to issue or renew a license or for a suspension or revocation
20 of a license, investigate the actions of any person applying
21 for, holding, or claiming to hold a license or any related
22 party of that person.
23 (4) The Director (but not the Director's designee) may
24 issue subpoenas and bring before the Department any person
25 and take testimony either at an administrative hearing or by
26 deposition with witness fees and mileage fees and in the same
27 manner as prescribed in the Code of Civil Procedure. The
28 Director or the Director's designee may administer oaths to
29 witnesses at any proceeding that the Department is authorized
30 by law to conduct. The Director (but not the Director's
31 designee) may issue subpoenas duces tecum to command the
32 production of records relating to a licensee, guarantor,
33 related business, related person, or related party. Subpoenas
34 are subject to the rules of the Department.
-621- LRB9111045EGfg
1 (5) Notwithstanding other judicial remedies, the
2 Director may file a complaint and apply for a temporary
3 restraining order or preliminary or permanent injunction
4 restraining or enjoining any person from violating or
5 continuing to violate this Code or its rules.
6 (6) The Director shall act as Trustee for the Trust
7 Account, act as Trustee over all collateral, guarantees,
8 grain assets, and equity assets held by the Department for
9 the benefit of claimants, and exercise certain powers and
10 perform related duties under Section 20-5 of this Code and
11 Section 205-410 of the Department of Agriculture Law (20 ILCS
12 205/205-410), except that the provisions of the Trust and
13 Trustees Act do not apply to the Trust Account or any other
14 trust created under this Code.
15 (7) The Director shall personally serve as president of
16 the Corporation.
17 (8) The Director shall collect and deposit all monetary
18 penalties, printer registration fees, funds, and assessments
19 authorized under this Code into the Fund.
20 (9) The Director may initiate any action necessary to
21 pay refunds from the Fund.
22 (10) The Director shall maintain a holding corporation
23 to receive, hold title to, and liquidate assets of or
24 relating to a failed licensee, including assets in reference
25 to collateral or guarantees, and deposit the proceeds into
26 the Fund.
27 (11) The Director may initiate, participate in, or
28 withdraw from any proceedings to liquidate and collect upon
29 grain assets, equity assets, collateral, and guarantees
30 relating to a failed licensee, including, but not limited to,
31 all powers needed to carry out the provisions of Section
32 20-15.
33 (12) The Director, as Trustee or otherwise, may take any
34 action that may be reasonable or appropriate to enforce this
-622- LRB9111045EGfg
1 Code and its rules.
2 (Source: P.A. 91-213, eff. 7-20-99; 91-239, eff. 1-1-00;
3 revised 10-13-99.)
4 Section 76. The Illinois Public Aid Code is amended by
5 changing Sections 5-5, 10-3.1, 10-8, 10-10, 10-16, 10-19,
6 12-9, and 12-10.2 as follows:
7 (305 ILCS 5/5-5) (from Ch. 23, par. 5-5)
8 Sec. 5-5. Medical services. The Illinois Department, by
9 rule, shall determine the quantity and quality of and the
10 rate of reimbursement for the medical assistance for which
11 payment will be authorized, and the medical services to be
12 provided, which may include all or part of the following: (1)
13 inpatient hospital services; (2) outpatient hospital
14 services; (3) other laboratory and X-ray services; (4)
15 skilled nursing home services; (5) physicians' services
16 whether furnished in the office, the patient's home, a
17 hospital, a skilled nursing home, or elsewhere; (6) medical
18 care, or any other type of remedial care furnished by
19 licensed practitioners; (7) home health care services; (8)
20 private duty nursing service; (9) clinic services; (10)
21 dental services; (11) physical therapy and related services;
22 (12) prescribed drugs, dentures, and prosthetic devices; and
23 eyeglasses prescribed by a physician skilled in the diseases
24 of the eye, or by an optometrist, whichever the person may
25 select; (13) other diagnostic, screening, preventive, and
26 rehabilitative services; (14) transportation and such other
27 expenses as may be necessary; (15) medical treatment of
28 sexual assault survivors, as defined in Section 1a of the
29 Sexual Assault Survivors Emergency Treatment Act, for
30 injuries sustained as a result of the sexual assault,
31 including examinations and laboratory tests to discover
32 evidence which may be used in criminal proceedings arising
-623- LRB9111045EGfg
1 from the sexual assault; (16) the diagnosis and treatment of
2 sickle cell anemia; and (17) any other medical care, and any
3 other type of remedial care recognized under the laws of this
4 State, but not including abortions, or induced miscarriages
5 or premature births, unless, in the opinion of a physician,
6 such procedures are necessary for the preservation of the
7 life of the woman seeking such treatment, or except an
8 induced premature birth intended to produce a live viable
9 child and such procedure is necessary for the health of the
10 mother or her unborn child. The Illinois Department, by rule,
11 shall prohibit any physician from providing medical
12 assistance to anyone eligible therefor under this Code where
13 such physician has been found guilty of performing an
14 abortion procedure in a wilful and wanton manner upon a woman
15 who was not pregnant at the time such abortion procedure was
16 performed. The term "any other type of remedial care" shall
17 include nursing care and nursing home service for persons who
18 rely on treatment by spiritual means alone through prayer for
19 healing.
20 Notwithstanding any other provision of this Section, a
21 comprehensive tobacco use cessation program that includes
22 purchasing prescription drugs or prescription medical devices
23 approved by the Food and Drug administration shall be covered
24 under the medical assistance program under this Article for
25 persons who are otherwise eligible for assistance under this
26 Article.
27 Notwithstanding any other provision of this Code, the
28 Illinois Department may not require, as a condition of
29 payment for any laboratory test authorized under this
30 Article, that a physician's handwritten signature appear on
31 the laboratory test order form. The Illinois Department may,
32 however, impose other appropriate requirements regarding
33 laboratory test order documentation.
34 The Illinois Department of Public Aid shall provide the
-624- LRB9111045EGfg
1 following services to persons eligible for assistance under
2 this Article who are participating in education, training or
3 employment programs operated by the Department of Human
4 Services as successor to the Department of Public Aid:
5 (1) dental services, which shall include but not be
6 limited to prosthodontics; and
7 (2) eyeglasses prescribed by a physician skilled in
8 the diseases of the eye, or by an optometrist, whichever
9 the person may select.
10 The Illinois Department, by rule, may distinguish and
11 classify the medical services to be provided only in
12 accordance with the classes of persons designated in Section
13 5-2.
14 The Illinois Department shall authorize the provision of,
15 and shall authorize payment for, screening by low-dose
16 mammography for the presence of occult breast cancer for
17 women 35 years of age or older who are eligible for medical
18 assistance under this Article, as follows: a baseline
19 mammogram for women 35 to 39 years of age and an annual
20 mammogram for women 40 years of age or older. All screenings
21 shall include a physical breast exam, instruction on
22 self-examination and information regarding the frequency of
23 self-examination and its value as a preventative tool. As
24 used in this Section, "low-dose mammography" means the x-ray
25 examination of the breast using equipment dedicated
26 specifically for mammography, including the x-ray tube,
27 filter, compression device, image receptor, and cassettes,
28 with an average radiation exposure delivery of less than one
29 rad mid-breast, with 2 views for each breast.
30 Any medical or health care provider shall immediately
31 recommend, to any pregnant woman who is being provided
32 prenatal services and is suspected of drug abuse or is
33 addicted as defined in the Alcoholism and Other Drug Abuse
34 and Dependency Act, referral to a local substance abuse
-625- LRB9111045EGfg
1 treatment provider licensed by the Department of Human
2 Services or to a licensed hospital which provides substance
3 abuse treatment services. The Department of Public Aid shall
4 assure coverage for the cost of treatment of the drug abuse
5 or addiction for pregnant recipients in accordance with the
6 Illinois Medicaid Program in conjunction with the Department
7 of Human Services.
8 All medical providers providing medical assistance to
9 pregnant women under this Code shall receive information from
10 the Department on the availability of services under the Drug
11 Free Families with a Future or any comparable program
12 providing case management services for addicted women,
13 including information on appropriate referrals for other
14 social services that may be needed by addicted women in
15 addition to treatment for addiction.
16 The Illinois Department, in cooperation with the
17 Departments of Human Services (as successor to the Department
18 of Alcoholism and Substance Abuse) and Public Health, through
19 a public awareness campaign, may provide information
20 concerning treatment for alcoholism and drug abuse and
21 addiction, prenatal health care, and other pertinent programs
22 directed at reducing the number of drug-affected infants born
23 to recipients of medical assistance.
24 Neither the Illinois Department of Public Aid nor the
25 Department of Human Services shall sanction the recipient
26 solely on the basis of her substance abuse.
27 The Illinois Department shall establish such regulations
28 governing the dispensing of health services under this
29 Article as it shall deem appropriate. In formulating these
30 regulations the Illinois Department shall consult with and
31 give substantial weight to the recommendations offered by the
32 Citizens Assembly/Council on Public Aid. The Department
33 should seek the advice of formal professional advisory
34 committees appointed by the Director of the Illinois
-626- LRB9111045EGfg
1 Department for the purpose of providing regular advice on
2 policy and administrative matters, information dissemination
3 and educational activities for medical and health care
4 providers, and consistency in procedures to the Illinois
5 Department.
6 The Illinois Department may develop and contract with
7 Partnerships of medical providers to arrange medical services
8 for persons eligible under Section 5-2 of this Code.
9 Implementation of this Section may be by demonstration
10 projects in certain geographic areas. The Partnership shall
11 be represented by a sponsor organization. The Department, by
12 rule, shall develop qualifications for sponsors of
13 Partnerships. Nothing in this Section shall be construed to
14 require that the sponsor organization be a medical
15 organization.
16 The sponsor must negotiate formal written contracts with
17 medical providers for physician services, inpatient and
18 outpatient hospital care, home health services, treatment for
19 alcoholism and substance abuse, and other services determined
20 necessary by the Illinois Department by rule for delivery by
21 Partnerships. Physician services must include prenatal and
22 obstetrical care. The Illinois Department shall reimburse
23 medical services delivered by Partnership providers to
24 clients in target areas according to provisions of this
25 Article and the Illinois Health Finance Reform Act, except
26 that:
27 (1) Physicians participating in a Partnership and
28 providing certain services, which shall be determined by
29 the Illinois Department, to persons in areas covered by
30 the Partnership may receive an additional surcharge for
31 such services.
32 (2) The Department may elect to consider and
33 negotiate financial incentives to encourage the
34 development of Partnerships and the efficient delivery of
-627- LRB9111045EGfg
1 medical care.
2 (3) Persons receiving medical services through
3 Partnerships may receive medical and case management
4 services above the level usually offered through the
5 medical assistance program.
6 Medical providers shall be required to meet certain
7 qualifications to participate in Partnerships to ensure the
8 delivery of high quality medical services. These
9 qualifications shall be determined by rule of the Illinois
10 Department and may be higher than qualifications for
11 participation in the medical assistance program. Partnership
12 sponsors may prescribe reasonable additional qualifications
13 for participation by medical providers, only with the prior
14 written approval of the Illinois Department.
15 Nothing in this Section shall limit the free choice of
16 practitioners, hospitals, and other providers of medical
17 services by clients. In order to ensure patient freedom of
18 choice, the Illinois Department shall immediately promulgate
19 all rules and take all other necessary actions so that
20 provided services may be accessed from therapeutically
21 certified optometrists to the full extent of the Illinois
22 Optometric Practice Act of 1987 without discriminating
23 between service providers.
24 The Department shall apply for a waiver from the United
25 States Health Care Financing Administration to allow for the
26 implementation of Partnerships under this Section.
27 The Illinois Department shall require health care
28 providers to maintain records that document the medical care
29 and services provided to recipients of Medical Assistance
30 under this Article. The Illinois Department shall require
31 health care providers to make available, when authorized by
32 the patient, in writing, the medical records in a timely
33 fashion to other health care providers who are treating or
34 serving persons eligible for Medical Assistance under this
-628- LRB9111045EGfg
1 Article. All dispensers of medical services shall be
2 required to maintain and retain business and professional
3 records sufficient to fully and accurately document the
4 nature, scope, details and receipt of the health care
5 provided to persons eligible for medical assistance under
6 this Code, in accordance with regulations promulgated by the
7 Illinois Department. The rules and regulations shall require
8 that proof of the receipt of prescription drugs, dentures,
9 prosthetic devices and eyeglasses by eligible persons under
10 this Section accompany each claim for reimbursement submitted
11 by the dispenser of such medical services. No such claims for
12 reimbursement shall be approved for payment by the Illinois
13 Department without such proof of receipt, unless the Illinois
14 Department shall have put into effect and shall be operating
15 a system of post-payment audit and review which shall, on a
16 sampling basis, be deemed adequate by the Illinois Department
17 to assure that such drugs, dentures, prosthetic devices and
18 eyeglasses for which payment is being made are actually being
19 received by eligible recipients. Within 90 days after the
20 effective date of this amendatory Act of 1984, the Illinois
21 Department shall establish a current list of acquisition
22 costs for all prosthetic devices and any other items
23 recognized as medical equipment and supplies reimbursable
24 under this Article and shall update such list on a quarterly
25 basis, except that the acquisition costs of all prescription
26 drugs shall be updated no less frequently than every 30 days
27 as required by Section 5-5.12.
28 The rules and regulations of the Illinois Department
29 shall require that a written statement including the required
30 opinion of a physician shall accompany any claim for
31 reimbursement for abortions, or induced miscarriages or
32 premature births. This statement shall indicate what
33 procedures were used in providing such medical services.
34 The Illinois Department shall require that all dispensers
-629- LRB9111045EGfg
1 of medical services, other than an individual practitioner or
2 group of practitioners, desiring to participate in the
3 Medical Assistance program established under this Article to
4 disclose all financial, beneficial, ownership, equity, surety
5 or other interests in any and all firms, corporations,
6 partnerships, associations, business enterprises, joint
7 ventures, agencies, institutions or other legal entities
8 providing any form of health care services in this State
9 under this Article.
10 The Illinois Department may require that all dispensers
11 of medical services desiring to participate in the medical
12 assistance program established under this Article disclose,
13 under such terms and conditions as the Illinois Department
14 may by rule establish, all inquiries from clients and
15 attorneys regarding medical bills paid by the Illinois
16 Department, which inquiries could indicate potential
17 existence of claims or liens for the Illinois Department.
18 The Illinois Department shall establish policies,
19 procedures, standards and criteria by rule for the
20 acquisition, repair and replacement of orthotic and
21 prosthetic devices and durable medical equipment. Such rules
22 shall provide, but not be limited to, the following services:
23 (1) immediate repair or replacement of such devices by
24 recipients without medical authorization; and (2) rental,
25 lease, purchase or lease-purchase of durable medical
26 equipment in a cost-effective manner, taking into
27 consideration the recipient's medical prognosis, the extent
28 of the recipient's needs, and the requirements and costs for
29 maintaining such equipment. Such rules shall enable a
30 recipient to temporarily acquire and use alternative or
31 substitute devices or equipment pending repairs or
32 replacements of any device or equipment previously authorized
33 for such recipient by the Department. Rules under clause (2)
34 above shall not provide for purchase or lease-purchase of
-630- LRB9111045EGfg
1 durable medical equipment or supplies used for the purpose of
2 oxygen delivery and respiratory care.
3 The Department shall execute, relative to the nursing
4 home prescreening project, written inter-agency agreements
5 with the Department of Human Services and the Department on
6 Aging, to effect the following: (i) intake procedures and
7 common eligibility criteria for those persons who are
8 receiving non-institutional services; and (ii) the
9 establishment and development of non-institutional services
10 in areas of the State where they are not currently available
11 or are undeveloped.
12 The Illinois Department shall develop and operate, in
13 cooperation with other State Departments and agencies and in
14 compliance with applicable federal laws and regulations,
15 appropriate and effective systems of health care evaluation
16 and programs for monitoring of utilization of health care
17 services and facilities, as it affects persons eligible for
18 medical assistance under this Code. The Illinois Department
19 shall report regularly the results of the operation of such
20 systems and programs to the Citizens Assembly/Council on
21 Public Aid to enable the Committee to ensure, from time to
22 time, that these programs are effective and meaningful.
23 The Illinois Department shall report annually to the
24 General Assembly, no later than the second Friday in April of
25 1979 and each year thereafter, in regard to:
26 (a) actual statistics and trends in utilization of
27 medical services by public aid recipients;
28 (b) actual statistics and trends in the provision
29 of the various medical services by medical vendors;
30 (c) current rate structures and proposed changes in
31 those rate structures for the various medical vendors;
32 and
33 (d) efforts at utilization review and control by
34 the Illinois Department.
-631- LRB9111045EGfg
1 The period covered by each report shall be the 3 years
2 ending on the June 30 prior to the report. The report shall
3 include suggested legislation for consideration by the
4 General Assembly. The filing of one copy of the report with
5 the Speaker, one copy with the Minority Leader and one copy
6 with the Clerk of the House of Representatives, one copy with
7 the President, one copy with the Minority Leader and one copy
8 with the Secretary of the Senate, one copy with the
9 Legislative Research Unit, such additional copies with the
10 State Government Report Distribution Center for the General
11 Assembly as is required under paragraph (t) of Section 7 of
12 the State Library Act and one copy with the Citizens
13 Assembly/Council on Public Aid or its successor shall be
14 deemed sufficient to comply with this Section.
15 (Source: P.A. 90-7, eff. 6-10-97; 90-14, eff. 7-1-97; 91-344,
16 eff. 1-1-00; 91-462, eff. 8-6-99; 91-666, eff. 12-22-99;
17 revised 1-6-00.)
18 (305 ILCS 5/10-3.1) (from Ch. 23, par. 10-3.1)
19 Sec. 10-3.1. Child and Spouse Support Unit. The
20 Illinois Department shall establish within its administrative
21 staff a Child and Spouse Support Unit to search for and
22 locate absent parents and spouses liable for the support of
23 persons resident in this State and to exercise the support
24 enforcement powers and responsibilities assigned the
25 Department by this Article. The unit shall cooperate with
26 all law enforcement officials in this State and with the
27 authorities of other States in locating persons responsible
28 for the support of persons resident in other States and shall
29 invite the cooperation of these authorities in the
30 performance of its duties.
31 In addition to other duties assigned the Child and Spouse
32 Support Unit by this Article, the Unit may refer to the
33 Attorney General or units of local government with the
-632- LRB9111045EGfg
1 approval of the Attorney General, any actions under Sections
2 10-10 and 10-15 for judicial enforcement of the support
3 liability. The Child and Spouse Support Unit shall act for
4 the Department in referring to the Attorney General support
5 matters requiring judicial enforcement under other laws. If
6 requested by the Attorney General to so act, as provided in
7 Section 12-16, attorneys of the Unit may assist the Attorney
8 General or themselves institute actions in behalf of the
9 Illinois Department under the Revised Uniform Reciprocal
10 Enforcement of Support Act; under the Illinois Parentage Act
11 of 1984; under the Non-Support of Spouse and Children Act;
12 under the Non-Support Punishment Act; or under any other law,
13 State or Federal, providing for support of a spouse or
14 dependent child.
15 The Illinois Department shall also have the authority to
16 enter into agreements with local governmental units or
17 individuals, with the approval of the Attorney General, for
18 the collection of moneys owing because of the failure of a
19 parent to make child support payments for any child receiving
20 services under this Article. Such agreements may be on a
21 contingent fee basis, but such contingent fee shall not
22 exceed 25% of the total amount collected.
23 An attorney who provides representation pursuant to this
24 Section shall represent the Illinois Department exclusively.
25 Regardless of the designation of the plaintiff in an action
26 brought pursuant to this Section, an attorney-client
27 relationship does not exist for purposes of that action
28 between that attorney and (i) an applicant for or recipient
29 of child and spouse support services or (ii) any other party
30 to the action other than the Illinois Department. Nothing in
31 this Section shall be construed to modify any power or duty
32 (including a duty to maintain confidentiality) of the Child
33 and Spouse Support Unit or the Illinois Department otherwise
34 provided by law.
-633- LRB9111045EGfg
1 The Illinois Department may also enter into agreements
2 with local governmental units for the Child and Spouse
3 Support Unit to exercise the investigative and enforcement
4 powers designated in this Article, including the issuance of
5 administrative orders under Section 10-11, in locating
6 responsible relatives and obtaining support for persons
7 applying for or receiving aid under Article VI. Payments for
8 defrayment of administrative costs and support payments
9 obtained shall be deposited into the DHS Recoveries Trust
10 Fund. Support payments shall be paid over to the General
11 Assistance Fund of the local governmental unit at such time
12 or times as the agreement may specify.
13 With respect to those cases in which it has support
14 enforcement powers and responsibilities under this Article,
15 the Illinois Department may provide by rule for periodic or
16 other review of each administrative and court order for
17 support to determine whether a modification of the order
18 should be sought. The Illinois Department shall provide for
19 and conduct such review in accordance with any applicable
20 federal law and regulation.
21 As part of its process for review of orders for support,
22 the Illinois Department, through written notice, may require
23 the responsible relative to disclose his or her Social
24 Security Number and past and present information concerning
25 the relative's address, employment, gross wages, deductions
26 from gross wages, net wages, bonuses, commissions, number of
27 dependent exemptions claimed, individual and dependent health
28 insurance coverage, and any other information necessary to
29 determine the relative's ability to provide support in a case
30 receiving child and spouse support services under this
31 Article X.
32 The Illinois Department may send a written request for
33 the same information to the relative's employer. The
34 employer shall respond to the request for information within
-634- LRB9111045EGfg
1 15 days after the date the employer receives the request. If
2 the employer willfully fails to fully respond within the
3 15-day period, the employer shall pay a penalty of $100 for
4 each day that the response is not provided to the Illinois
5 Department after the 15-day period has expired. The penalty
6 may be collected in a civil action which may be brought
7 against the employer in favor of the Illinois Department.
8 A written request for information sent to an employer
9 pursuant to this Section shall consist of (i) a citation of
10 this Section as the statutory authority for the request and
11 for the employer's obligation to provide the requested
12 information, (ii) a returnable form setting forth the
13 employer's name and address and listing the name of the
14 employee with respect to whom information is requested, and
15 (iii) a citation of this Section as the statutory authority
16 authorizing the employer to withhold a fee of up to $20 from
17 the wages or income to be paid to each responsible relative
18 for providing the information to the Illinois Department
19 within the 15-day period. If the employer is withholding
20 support payments from the responsible relative's income
21 pursuant to an order for withholding, the employer may
22 withhold the fee provided for in this Section only after
23 withholding support as required under the order. Any amounts
24 withheld from the responsible relative's income for payment
25 of support and the fee provided for in this Section shall not
26 be in excess of the amounts permitted under the federal
27 Consumer Credit Protection Act.
28 In a case receiving child and spouse support services,
29 the Illinois Department may request and obtain information
30 from a particular employer under this Section no more than
31 once in any 12-month period, unless the information is
32 necessary to conduct a review of a court or administrative
33 order for support at the request of the person receiving
34 child and spouse support services.
-635- LRB9111045EGfg
1 The Illinois Department shall establish and maintain an
2 administrative unit to receive and transmit to the Child and
3 Spouse Support Unit information supplied by persons applying
4 for or receiving child and spouse support services under
5 Section 10-1. In addition, the Illinois Department shall
6 address and respond to any alleged deficiencies that persons
7 receiving or applying for services from the Child and Spouse
8 Support Unit may identify concerning the Child and Spouse
9 Support Unit's provision of child and spouse support
10 services. Within 60 days after an action or failure to act by
11 the Child and Spouse Support Unit that affects his or her
12 case, a recipient of or applicant for child and spouse
13 support services under Article X of this Code may request an
14 explanation of the Unit's handling of the case. At the
15 requestor's option, the explanation may be provided either
16 orally in an interview, in writing, or both. If the Illinois
17 Department fails to respond to the request for an explanation
18 or fails to respond in a manner satisfactory to the applicant
19 or recipient within 30 days from the date of the request for
20 an explanation, the applicant or recipient may request a
21 conference for further review of the matter by the Office of
22 the Administrator of the Child and Spouse Support Unit. A
23 request for a conference may be submitted at any time within
24 60 days after the explanation has been provided by the Child
25 and Spouse Support Unit or within 60 days after the time for
26 providing the explanation has expired.
27 The applicant or recipient may request a conference
28 concerning any decision denying or terminating child or
29 spouse support services under Article X of this Code, and the
30 applicant or recipient may also request a conference
31 concerning the Unit's failure to provide services or the
32 provision of services in an amount or manner that is
33 considered inadequate. For purposes of this Section, the
34 Child and Spouse Support Unit includes all local governmental
-636- LRB9111045EGfg
1 units or individuals with whom the Illinois Department has
2 contracted under Section 10-3.1.
3 Upon receipt of a timely request for a conference, the
4 Office of the Administrator shall review the case. The
5 applicant or recipient requesting the conference shall be
6 entitled, at his or her option, to appear in person or to
7 participate in the conference by telephone. The applicant or
8 recipient requesting the conference shall be entitled to be
9 represented and to be afforded a reasonable opportunity to
10 review the Illinois Department's file before or at the
11 conference. At the conference, the applicant or recipient
12 requesting the conference shall be afforded an opportunity to
13 present all relevant matters in support of his or her claim.
14 Conferences shall be without cost to the applicant or
15 recipient requesting the conference and shall be conducted by
16 a representative of the Child or Spouse Support Unit who did
17 not participate in the action or inaction being reviewed.
18 The Office of the Administrator shall conduct a
19 conference and inform all interested parties, in writing, of
20 the results of the conference within 60 days from the date of
21 filing of the request for a conference.
22 In addition to its other powers and responsibilities
23 established by this Article, the Child and Spouse Support
24 Unit shall conduct an annual assessment of each institution's
25 program for institution based paternity establishment under
26 Section 12 of the Vital Records Act.
27 (Source: P.A. 90-18, eff. 7-1-97; 91-24, eff. 7-1-99; 91-613,
28 eff. 10-1-99; revised 9-28-99.)
29 (305 ILCS 5/10-8) (from Ch. 23, par. 10-8)
30 Sec. 10-8. Support Payments - Partial Support - Full
31 Support. The notice to responsible relatives issued pursuant
32 to Section 10-7 shall direct payment (a) to the Illinois
33 Department in cases of applicants and recipients under
-637- LRB9111045EGfg
1 Articles III, IV, V and VII, (b) except as provided in
2 Section 10-3.1, to the local governmental unit in the case of
3 applicants and recipients under Article VI, and (c) to the
4 Illinois Department in cases of non-applicants and
5 non-recipients given access to the child and spouse support
6 services of this Article, as provided by Section 10-1.
7 However, if the support payments by responsible relatives are
8 sufficient to meet needs of a recipient in full, including
9 current and anticipated medical needs, and the Illinois
10 Department or the local governmental unit, as the case may
11 be, has reasonable grounds to believe that such needs will
12 continue to be provided in full by the responsible relatives,
13 the relatives may be directed to make subsequent support
14 payments to the needy person or to some person or agency in
15 his behalf and the recipient shall be removed from the rolls.
16 In such instance the recipient also shall be notified by
17 registered or certified mail of the action taken. If a
18 recipient removed from the rolls requests the Illinois
19 Department to continue to collect the support payments in his
20 behalf, the Department, at its option, may do so and pay
21 amounts so collected to the person. The Department may
22 provide for deducting any costs incurred by it in making the
23 collection from the amount of any recovery made and pay only
24 the net amount to the person.
25 Payments under this Section to the Illinois Department
26 pursuant to the Child Support Enforcement Program established
27 by Title IV-D of the Social Security Act shall be paid into
28 the Child Support Enforcement Trust Fund. All payments under
29 this Section to the Illinois Department of Human Services
30 shall be deposited in the DHS Recoveries Trust Fund.
31 Disbursements from these funds shall be as provided in
32 Sections 12-9.1 and 12-10.2 of this Code. Payments received
33 by a local governmental unit shall be deposited in that
34 unit's General Assistance Fund.
-638- LRB9111045EGfg
1 To the extent the provisions of this Section are
2 inconsistent with the requirements pertaining to the State
3 Disbursement Unit under Sections 10-10.4 and 10-26 of this
4 Code, the requirements pertaining to the State Disbursement
5 Unit shall apply.
6 (Source: P.A. 91-24, eff. 7-1-99; 91-212, eff. 7-20-99;
7 revised 9-28-99.)
8 (305 ILCS 5/10-10) (from Ch. 23, par. 10-10)
9 Sec. 10-10. Court enforcement; applicability also to
10 persons who are not applicants or recipients. Except where
11 the Illinois Department, by agreement, acts for the local
12 governmental unit, as provided in Section 10-3.1, local
13 governmental units shall refer to the State's Attorney or to
14 the proper legal representative of the governmental unit, for
15 judicial enforcement as herein provided, instances of
16 non-support or insufficient support when the dependents are
17 applicants or recipients under Article VI. The Child and
18 Spouse Support Unit established by Section 10-3.1 may
19 institute in behalf of the Illinois Department any actions
20 under this Section for judicial enforcement of the support
21 liability when the dependents are (a) applicants or
22 recipients under Articles III, IV, V or VII (b) applicants or
23 recipients in a local governmental unit when the Illinois
24 Department, by agreement, acts for the unit; or (c)
25 non-applicants or non-recipients who are receiving support
26 enforcement services under this Article X, as provided in
27 Section 10-1. Where the Child and Spouse Support Unit has
28 exercised its option and discretion not to apply the
29 provisions of Sections 10-3 through 10-8, the failure by the
30 Unit to apply such provisions shall not be a bar to bringing
31 an action under this Section.
32 Action shall be brought in the circuit court to obtain
33 support, or for the recovery of aid granted during the period
-639- LRB9111045EGfg
1 such support was not provided, or both for the obtainment of
2 support and the recovery of the aid provided. Actions for
3 the recovery of aid may be taken separately or they may be
4 consolidated with actions to obtain support. Such actions
5 may be brought in the name of the person or persons requiring
6 support, or may be brought in the name of the Illinois
7 Department or the local governmental unit, as the case
8 requires, in behalf of such persons.
9 The court may enter such orders for the payment of moneys
10 for the support of the person as may be just and equitable
11 and may direct payment thereof for such period or periods of
12 time as the circumstances require, including support for a
13 period before the date the order for support is entered. The
14 order may be entered against any or all of the defendant
15 responsible relatives and may be based upon the proportionate
16 ability of each to contribute to the person's support.
17 The Court shall determine the amount of child support
18 (including child support for a period before the date the
19 order for child support is entered) by using the guidelines
20 and standards set forth in subsection (a) of Section 505 and
21 in Section 505.2 of the Illinois Marriage and Dissolution of
22 Marriage Act. For purposes of determining the amount of child
23 support to be paid for a period before the date the order for
24 child support is entered, there is a rebuttable presumption
25 that the responsible relative's net income for that period
26 was the same as his or her net income at the time the order
27 is entered.
28 An order entered under this Section shall include a
29 provision requiring the obligor to report to the obligee and
30 to the clerk of court within 10 days each time the obligor
31 obtains new employment, and each time the obligor's
32 employment is terminated for any reason. The report shall be
33 in writing and shall, in the case of new employment, include
34 the name and address of the new employer. Failure to report
-640- LRB9111045EGfg
1 new employment or the termination of current employment, if
2 coupled with nonpayment of support for a period in excess of
3 60 days, is indirect criminal contempt. For any obligor
4 arrested for failure to report new employment bond shall be
5 set in the amount of the child support that should have been
6 paid during the period of unreported employment. An order
7 entered under this Section shall also include a provision
8 requiring the obligor and obligee parents to advise each
9 other of a change in residence within 5 days of the change
10 except when the court finds that the physical, mental, or
11 emotional health of a party or that of a minor child, or
12 both, would be seriously endangered by disclosure of the
13 party's address.
14 The Court shall determine the amount of maintenance using
15 the standards set forth in Section 504 of the Illinois
16 Marriage and Dissolution of Marriage Act.
17 Any new or existing support order entered by the court
18 under this Section shall be deemed to be a series of
19 judgments against the person obligated to pay support
20 thereunder, each such judgment to be in the amount of each
21 payment or installment of support and each such judgment to
22 be deemed entered as of the date the corresponding payment or
23 installment becomes due under the terms of the support order.
24 Each such judgment shall have the full force, effect and
25 attributes of any other judgment of this State, including the
26 ability to be enforced. Any such judgment is subject to
27 modification or termination only in accordance with Section
28 510 of the Illinois Marriage and Dissolution of Marriage Act.
29 A lien arises by operation of law against the real and
30 personal property of the noncustodial parent for each
31 installment of overdue support owed by the noncustodial
32 parent.
33 When an order is entered for the support of a minor, the
34 court may provide therein for reasonable visitation of the
-641- LRB9111045EGfg
1 minor by the person or persons who provided support pursuant
2 to the order. Whoever willfully refuses to comply with such
3 visitation order or willfully interferes with its enforcement
4 may be declared in contempt of court and punished therefor.
5 Except where the local governmental unit has entered into
6 an agreement with the Illinois Department for the Child and
7 Spouse Support Unit to act for it, as provided in Section
8 10-3.1, support orders entered by the court in cases
9 involving applicants or recipients under Article VI shall
10 provide that payments thereunder be made directly to the
11 local governmental unit. Orders for the support of all other
12 applicants or recipients shall provide that payments
13 thereunder be made directly to the Illinois Department. In
14 accordance with federal law and regulations, the Illinois
15 Department may continue to collect current maintenance
16 payments or child support payments, or both, after those
17 persons cease to receive public assistance and until
18 termination of services under Article X. The Illinois
19 Department shall pay the net amount collected to those
20 persons after deducting any costs incurred in making the
21 collection or any collection fee from the amount of any
22 recovery made. In both cases the order shall permit the
23 local governmental unit or the Illinois Department, as the
24 case may be, to direct the responsible relative or relatives
25 to make support payments directly to the needy person, or to
26 some person or agency in his behalf, upon removal of the
27 person from the public aid rolls or upon termination of
28 services under Article X.
29 If the notice of support due issued pursuant to Section
30 10-7 directs that support payments be made directly to the
31 needy person, or to some person or agency in his behalf, and
32 the recipient is removed from the public aid rolls, court
33 action may be taken against the responsible relative
34 hereunder if he fails to furnish support in accordance with
-642- LRB9111045EGfg
1 the terms of such notice.
2 Actions may also be brought under this Section in behalf
3 of any person who is in need of support from responsible
4 relatives, as defined in Section 2-11 of Article II who is
5 not an applicant for or recipient of financial aid under this
6 Code. In such instances, the State's Attorney of the county
7 in which such person resides shall bring action against the
8 responsible relatives hereunder. If the Illinois Department,
9 as authorized by Section 10-1, extends the support services
10 provided by this Article to spouses and dependent children
11 who are not applicants or recipients under this Code, the
12 Child and Spouse Support Unit established by Section 10-3.1
13 shall bring action against the responsible relatives
14 hereunder and any support orders entered by the court in such
15 cases shall provide that payments thereunder be made directly
16 to the Illinois Department.
17 Whenever it is determined in a proceeding to establish or
18 enforce a child support or maintenance obligation that the
19 person owing a duty of support is unemployed, the court may
20 order the person to seek employment and report periodically
21 to the court with a diary, listing or other memorandum of his
22 or her efforts in accordance with such order. Additionally,
23 the court may order the unemployed person to report to the
24 Department of Employment Security for job search services or
25 to make application with the local Jobs Training Partnership
26 Act provider for participation in job search, training or
27 work programs and where the duty of support is owed to a
28 child receiving support services under this Article X, the
29 court may order the unemployed person to report to the
30 Illinois Department for participation in job search, training
31 or work programs established under Section 9-6 and Article
32 IXA of this Code.
33 Whenever it is determined that a person owes past-due
34 support for a child receiving assistance under this Code, the
-643- LRB9111045EGfg
1 court shall order at the request of the Illinois Department:
2 (1) that the person pay the past-due support in
3 accordance with a plan approved by the court; or
4 (2) if the person owing past-due support is
5 unemployed, is subject to such a plan, and is not
6 incapacitated, that the person participate in such job
7 search, training, or work programs established under
8 Section 9-6 and Article IXA of this Code as the court
9 deems appropriate.
10 A determination under this Section shall not be
11 administratively reviewable by the procedures specified in
12 Sections 10-12, and 10-13 to 10-13.10. Any determination
13 under these Sections, if made the basis of court action under
14 this Section, shall not affect the de novo judicial
15 determination required under this Section.
16 A one-time charge of 20% is imposable upon the amount of
17 past-due child support owed on July 1, 1988 which has accrued
18 under a support order entered by the court. The charge shall
19 be imposed in accordance with the provisions of Section 10-21
20 of this Code and shall be enforced by the court upon
21 petition.
22 All orders for support, when entered or modified, shall
23 include a provision requiring the non-custodial parent to
24 notify the court and, in cases in which a party is receiving
25 child and spouse support services under this Article X, the
26 Illinois Department, within 7 days, (i) of the name, address,
27 and telephone number of any new employer of the non-custodial
28 parent, (ii) whether the non-custodial parent has access to
29 health insurance coverage through the employer or other group
30 coverage and, if so, the policy name and number and the names
31 of persons covered under the policy, and (iii) of any new
32 residential or mailing address or telephone number of the
33 non-custodial parent. In any subsequent action to enforce a
34 support order, upon a sufficient showing that a diligent
-644- LRB9111045EGfg
1 effort has been made to ascertain the location of the
2 non-custodial parent, service of process or provision of
3 notice necessary in the case may be made at the last known
4 address of the non-custodial parent in any manner expressly
5 provided by the Code of Civil Procedure or this Code, which
6 service shall be sufficient for purposes of due process.
7 An order for support shall include a date on which the
8 current support obligation terminates. The termination date
9 shall be no earlier than the date on which the child covered
10 by the order will attain the age of majority or is otherwise
11 emancipated. The order for support shall state that the
12 termination date does not apply to any arrearage that may
13 remain unpaid on that date. Nothing in this paragraph shall
14 be construed to prevent the court from modifying the order.
15 Upon notification in writing or by electronic
16 transmission from the Illinois Department to the clerk of the
17 court that a person who is receiving support payments under
18 this Section is receiving services under the Child Support
19 Enforcement Program established by Title IV-D of the Social
20 Security Act, any support payments subsequently received by
21 the clerk of the court shall be transmitted in accordance
22 with the instructions of the Illinois Department until the
23 Illinois Department gives notice to the clerk of the court to
24 cease the transmittal. After providing the notification
25 authorized under this paragraph, the Illinois Department
26 shall be entitled as a party to notice of any further
27 proceedings in the case. The clerk of the court shall file a
28 copy of the Illinois Department's notification in the court
29 file. The clerk's failure to file a copy of the
30 notification in the court file shall not, however, affect the
31 Illinois Department's right to receive notice of further
32 proceedings.
33 Payments under this Section to the Illinois Department
34 pursuant to the Child Support Enforcement Program established
-645- LRB9111045EGfg
1 by Title IV-D of the Social Security Act shall be paid into
2 the Child Support Enforcement Trust Fund. All payments under
3 this Section to the Illinois Department of Human Services
4 shall be deposited in the DHS Recoveries Trust Fund.
5 Disbursements from these funds shall be as provided in
6 Sections 12-9.1 and 12-10.2 of this Code. Payments received
7 by a local governmental unit shall be deposited in that
8 unit's General Assistance Fund.
9 To the extent the provisions of this Section are
10 inconsistent with the requirements pertaining to the State
11 Disbursement Unit under Sections 10-10.4 and 10-26 of this
12 Code, the requirements pertaining to the State Disbursement
13 Unit shall apply.
14 (Source: P.A. 90-18, eff. 7-1-97; 90-539, eff. 6-1-98;
15 90-655, eff. 7-30-98; 90-673, eff. 1-1-99; 90-790, eff.
16 8-14-98; 91-24, eff. 7-1-99; 91-212, eff. 7-20-99; 91-357,
17 eff. 7-29-99; revised 8-30-99.)
18 (305 ILCS 5/10-16) (from Ch. 23, par. 10-16)
19 Sec. 10-16. Judicial enforcement of court and
20 administrative support orders. Court orders entered in
21 proceedings under Section 10-10 and court orders for
22 enforcement of an administrative order under Section 10-15
23 and for the payment of money may be enforced by attachment as
24 for contempt against the persons of the defendants, and in
25 addition, as other judgments for the payment of money, and
26 costs may be adjudged against the defendants and apportioned
27 among them; but if the complaint is dismissed, costs shall be
28 borne by the Illinois Department or the local governmental
29 unit, as the case may be. If a responsible relative is
30 directed by the Illinois Department, or the local
31 governmental unit, under the conditions stated in Section
32 10-8, to make support payments directly to the person, or to
33 some person or agency in his behalf, the court order entered
-646- LRB9111045EGfg
1 against him under this Section or Section 10-10 may be
2 enforced as herein provided if he thereafter fails to furnish
3 support in accordance with its terms. The State of Illinois
4 shall not be required to make a deposit for or pay any costs
5 or fees of any court or officer thereof in any proceeding
6 instituted under this Section.
7 The provisions of the Civil Practice Law, and all
8 amendments and modifications thereof, shall apply to and
9 govern all actions instituted under this Section and Section
10 10-10. In such actions proof that a person is an applicant
11 for or recipient of public aid under any Article of this Code
12 shall be prima facie proof that he is a person in necessitous
13 circumstances by reason of infirmity, unemployment or other
14 cause depriving him of the means of a livelihood compatible
15 with health and well-being.
16 Payments under this Section to the Illinois Department
17 pursuant to the Child Support Enforcement Program established
18 by Title IV-D of the Social Security Act shall be paid into
19 the Child Support Enforcement Trust Fund. All payments under
20 this Section to the Illinois Department of Human Services
21 shall be deposited in the DHS Recoveries Trust Fund.
22 Disbursements from these funds shall be as provided in
23 Sections 12-9.1 and 12-10.2 of this Code. Payments received
24 by a local governmental unit shall be deposited in that
25 unit's General Assistance Fund.
26 In addition to the penalties or punishment that may be
27 imposed under this Section, any person whose conduct
28 constitutes a violation of Section 15 1 of the Non-Support
29 Punishment of Spouse and Children Act may be prosecuted under
30 that Act Section, and a person convicted under that Act
31 Section may be sentenced in accordance with that Act Section.
32 The sentence may include but need not be limited to a
33 requirement that the person perform community service under
34 Section 50 subsection (b) of that Act Section or participate
-647- LRB9111045EGfg
1 in a work alternative program under Section 50 subsection (c)
2 of that Act Section. A person may not be required to
3 participate in a work alternative program under Section 50
4 subsection (c) of that Act Section if the person is currently
5 participating in a work program pursuant to Section 10-11.1
6 of this Code.
7 To the extent the provisions of this Section are
8 inconsistent with the requirements pertaining to the State
9 Disbursement Unit under Sections 10-10.4 and 10-26 of this
10 Code, the requirements pertaining to the State Disbursement
11 Unit shall apply.
12 (Source: P.A. 90-733, eff. 8-11-98; 91-24, eff. 7-1-99;
13 91-212, eff. 7-20-99; revised 10-13-99.)
14 (305 ILCS 5/10-19) (from Ch. 23, par. 10-19)
15 Sec. 10-19. Support Payments Ordered Under Other Laws;
16 where deposited. The Illinois Department and local
17 governmental units are authorized to receive payments
18 directed by court order for the support of recipients, as
19 provided in the following Acts:
20 1. "Non-Support of Spouse and Children Act", approved
21 June 24, 1915, as amended,
22 1.5. The Non-Support Punishment Act,
23 2. "Illinois Marriage and Dissolution of Marriage Act",
24 as now or hereafter amended,
25 3. The Illinois Parentage Act, as amended,
26 4. "Revised Uniform Reciprocal Enforcement of Support
27 Act", approved August 28, 1969, as amended,
28 5. The Juvenile Court Act or the Juvenile Court Act of
29 1987, as amended,
30 6. The "Unified Code of Corrections", approved July 26,
31 1972, as amended,
32 7. Part 7 of Article XII of the Code of Civil Procedure,
33 as amended,
-648- LRB9111045EGfg
1 8. Part 8 of Article XII of the Code of Civil Procedure,
2 as amended, and
3 9. Other laws which may provide by judicial order for
4 direct payment of support moneys.
5 Payments under this Section to the Illinois Department
6 pursuant to the Child Support Enforcement Program established
7 by Title IV-D of the Social Security Act shall be paid into
8 the Child Support Enforcement Trust Fund. All payments under
9 this Section to the Illinois Department of Human Services
10 shall be deposited in the DHS Recoveries Trust Fund.
11 Disbursements from these funds shall be as provided in
12 Sections 12-9.1 and 12-10.2 of this Code. Payments received
13 by a local governmental unit shall be deposited in that
14 unit's General Assistance Fund.
15 To the extent the provisions of this Section are
16 inconsistent with the requirements pertaining to the State
17 Disbursement Unit under Sections 10-10.4 and 10-26 of this
18 Code, the requirements pertaining to the State Disbursement
19 Unit shall apply.
20 (Source: P.A. 91-24, eff. 7-1-99; 91-212, eff. 7-20-99;
21 91-613, eff. 10-1-99; revised 9-28-99.)
22 (305 ILCS 5/12-9) (from Ch. 23, par. 12-9)
23 Sec. 12-9. Public Aid Recoveries Trust Fund; uses. The
24 Public Aid Recoveries Trust Fund shall consist of (1)
25 recoveries by the Illinois Department of Public Aid
26 authorized by this Code in respect to applicants or
27 recipients under Articles III, IV, V, and VI, including
28 recoveries made by the Illinois Department of Public Aid from
29 the estates of deceased recipients, (2) recoveries made by
30 the Illinois Department of Public Aid in respect to
31 applicants and recipients under the Children's Health
32 Insurance Program, and (3) federal funds received on behalf
33 of and earned by local governmental entities for services
-649- LRB9111045EGfg
1 provided to applicants or recipients covered under this Code.
2 to the State Disbursement Unit established under Section
3 10-26 of this Code or The Fund shall be held as a special
4 fund in the State Treasury.
5 Disbursements from this Fund shall be only (1) for the
6 reimbursement of claims collected by the Illinois Department
7 of Public Aid through error or mistake, (2) for payment to
8 persons or agencies designated as payees or co-payees on any
9 instrument, whether or not negotiable, delivered to the
10 Illinois Department of Public Aid as a recovery under this
11 Section, such payment to be in proportion to the respective
12 interests of the payees in the amount so collected, (3) for
13 payments to the Department of Human Services for collections
14 made by the Illinois Department of Public Aid on behalf of
15 the Department of Human Services under this Code, (4) from
16 the State Disbursement Unit Revolving Fund under Section
17 12-8.1 of this Code or for payment of administrative expenses
18 incurred in performing the activities authorized under this
19 Code, (5) for payment of fees to persons or agencies in the
20 performance of activities pursuant to the collection of
21 monies owed the State that are collected under this Code, (6)
22 for payments of any amounts which are reimbursable to the
23 federal government which are required to be paid by State
24 warrant by either the State or federal government, and (7)
25 for payments to local governmental entities of federal funds
26 for services provided to applicants or recipients covered
27 under this Code. Disbursements from this Fund for purposes
28 of items (4) and (5) of this paragraph shall be subject to
29 appropriations from the Fund to the Illinois Department of
30 Public Aid.
31 The balance in this Fund on the first day of each
32 calendar quarter, after payment therefrom of any amounts
33 reimbursable to the federal government, and minus the amount
34 reasonably anticipated to be needed to make the disbursements
-650- LRB9111045EGfg
1 during that quarter authorized by this Section, shall be
2 certified by the Director of the Illinois Department of
3 Public Aid and transferred by the State Comptroller to the
4 General Revenue Fund in the State Treasury within 30 days of
5 the first day of each calendar quarter.
6 On July 1, 1999, the State Comptroller shall transfer the
7 sum of $5,000,000 from the Public Aid Recoveries Trust Fund
8 (formerly the Public Assistance Recoveries Trust Fund) into
9 the DHS Recoveries Trust Fund.
10 (Source: P.A. 90-255, eff. 1-1-98; 91-24, eff. 7-1-99;
11 91-212, eff. 7-20-99; revised 9-28-99.)
12 (305 ILCS 5/12-10.2) (from Ch. 23, par. 12-10.2)
13 Sec. 12-10.2. The Child Support Enforcement Trust Fund,
14 to be held by the State Treasurer as ex-officio custodian
15 outside the State Treasury, pursuant to the Child Support
16 Enforcement Program established by Title IV-D of the Social
17 Security Act, shall consist of (1) all support payments
18 assigned to the Illinois Department under Article X of this
19 Code and rules promulgated by the Illinois Department that
20 are disbursed to the Illinois Department by the State
21 Disbursement Unit established under Section 10-26, and (2)
22 all federal grants received by the Illinois Department funded
23 by Title IV-D of the Social Security Act, except those
24 federal funds received under the Title IV-D program as
25 reimbursement for expenditures from the General Revenue Fund,
26 and (3) incentive payments received by the Illinois
27 Department from other states or political subdivisions of
28 other states for the enforcement and collection by the
29 Department of an assigned child support obligation in behalf
30 of such other states or their political subdivisions pursuant
31 to the provisions of Title IV-D of the Social Security Act,
32 and (4) incentive payments retained by the Illinois
33 Department from the amounts which otherwise would be paid to
-651- LRB9111045EGfg
1 the Federal government to reimburse the Federal government's
2 share of the support collection for the Department's
3 enforcement and collection of an assigned support obligation
4 on behalf of the State of Illinois pursuant to the provisions
5 of Title IV-D of the Social Security Act, and (5) all fees
6 charged by the Department for child support enforcement
7 services, as authorized under Title IV-D of the Social
8 Security Act and Section 10-1 of this Code, and any other
9 fees, costs, fines, recoveries, or penalties provided for by
10 State or federal law and received by the Department under the
11 Child Support Enforcement Program established by Title IV-D
12 of the Social Security Act, and (6) all amounts appropriated
13 by the General Assembly for deposit into the Fund, and (7)
14 any gifts, grants, donations, or awards from individuals,
15 private businesses, nonprofit associations, and governmental
16 entities.
17 Disbursements from this Fund shall be only for the
18 following purposes: (1) for the reimbursement of funds
19 received by the Illinois Department through error or mistake,
20 and (2) (blank), and (3) for payment of any administrative
21 expenses, including payment to the Health Insurance Reserve
22 Fund for group insurance costs at the rate certified by the
23 Department of Central Management Services, except those
24 required to be paid from the General Revenue Fund, including
25 personal and contractual services, incurred in performing the
26 Title IV-D activities authorized by Article X of this Code,
27 and (4) for the reimbursement of the Public Assistance
28 Emergency Revolving Fund for expenditures made from that Fund
29 for payments to former recipients of public aid for child
30 support made to the Illinois Department when the former
31 public aid recipient is legally entitled to all or part of
32 the child support payments, pursuant to the provisions of
33 Title IV-D of the Social Security Act, and (5) for the
34 payment of incentive amounts owed to other states or
-652- LRB9111045EGfg
1 political subdivisions of other states that enforce and
2 collect an assigned support obligation on behalf of the State
3 of Illinois pursuant to the provisions of Title IV-D of the
4 Social Security Act, and (6) for the payment of incentive
5 amounts owed to political subdivisions of the State of
6 Illinois that enforce and collect an assigned support
7 obligation on behalf of the State pursuant to the provisions
8 of Title IV-D of the Social Security Act, and (7) for
9 payments of any amounts which are reimbursable to the Federal
10 government which are required to be paid by State warrant by
11 either the State or Federal government. Disbursements from
12 this Fund shall be by warrants drawn by the State Comptroller
13 on receipt of vouchers duly executed and certified by the
14 Illinois Department or any other State agency that receives
15 an appropriation from the Fund.
16 (Source: P.A. 90-18, eff. 7-1-97; 90-587, eff. 6-4-98;
17 91-212, eff. 7-20-99; 91-400, eff. 7-30-99; revised 10-7-99.)
18 Section 77. The Elder Abuse and Neglect Act is amended
19 by changing Section 2 as follows:
20 (320 ILCS 20/2) (from Ch. 23, par. 6602)
21 Sec. 2. Definitions. As used in this Act, unless the
22 context requires otherwise:
23 (a) "Abuse" means causing any physical, mental or sexual
24 injury to an eligible adult, including exploitation of such
25 adult's financial resources.
26 Nothing in this Act shall be construed to mean that an
27 eligible adult is a victim of abuse or neglect for the sole
28 reason that he or she is being furnished with or relies upon
29 treatment by spiritual means through prayer alone, in
30 accordance with the tenets and practices of a recognized
31 church or religious denomination.
32 Nothing in this Act shall be construed to mean that an
-653- LRB9111045EGfg
1 eligible adult is a victim of abuse because of health care
2 services provided or not provided by licensed health care
3 professionals.
4 (a-5) "Abuser" means a person who abuses, neglects, or
5 financially exploits an eligible adult.
6 (a-7) "Caregiver" means a person who either as a result
7 of a family relationship, voluntarily, or in exchange for
8 compensation has assumed responsibility for all or a portion
9 of the care of an eligible adult who needs assistance with
10 activities of daily living.
11 (b) "Department" means the Department on Aging of the
12 State of Illinois.
13 (c) "Director" means the Director of the Department.
14 (d) "Domestic living situation" means a residence where
15 the eligible adult lives alone or with his or her family or a
16 caregiver, or others, or a board and care home or other
17 community-based unlicensed facility, but is not:
18 (1) A licensed facility as defined in Section 1-113
19 of the Nursing Home Care Act;
20 (2) A "life care facility" as defined in the Life
21 Care Facilities Act;
22 (3) A home, institution, or other place operated by
23 the federal government or agency thereof or by the State
24 of Illinois;
25 (4) A hospital, sanitarium, or other institution,
26 the principal activity or business of which is the
27 diagnosis, care, and treatment of human illness through
28 the maintenance and operation of organized facilities
29 therefor, which is required to be licensed under the
30 Hospital Licensing Act;
31 (5) A "community living facility" as defined in the
32 Community Living Facilities Licensing Act;
33 (6) A "community residential alternative" as
34 defined in the Community Residential Alternatives
-654- LRB9111045EGfg
1 Licensing Act; and
2 (7) A "community-integrated living arrangement" as
3 defined in the Community-Integrated Living Arrangements
4 Licensure and Certification Act.
5 (e) "Eligible adult" means a person 60 years of age or
6 older who resides in a domestic living situation and is, or
7 is alleged to be, abused, neglected, or financially exploited
8 by another individual.
9 (f) "Emergency" means a situation in which an eligible
10 adult is living in conditions presenting a risk of death or
11 physical, mental or sexual injury and the provider agency has
12 reason to believe the eligible adult is unable to consent to
13 services which would alleviate that risk.
14 (f-5) "Mandated reporter" means any of the following
15 persons while engaged in carrying out their professional
16 duties:
17 (1) a professional or professional's delegate while
18 engaged in: (i) social services, (ii) law enforcement,
19 (iii) education, (iv) the care of an eligible adult or
20 eligible adults, or (v) any of the occupations required
21 to be licensed under the Clinical Psychologist Licensing
22 Act, the Clinical Social Work and Social Work Practice
23 Act, the Illinois Dental Practice Act, the Dietetic and
24 Nutrition Services Practice Act, the Marriage and Family
25 Therapy Licensing Act, the Medical Practice Act of 1987,
26 the Naprapathic Practice Act, the Nursing and Advanced
27 Practice Nursing Act, the Nursing Home Administrators
28 Licensing and Disciplinary Act, the Illinois
29 Occupational Therapy Practice Act, the Illinois
30 Optometric Practice Act of 1987, the Pharmacy Practice
31 Act of 1987, the Illinois Physical Therapy Act, the
32 Physician Assistant Practice Act of 1987, the Podiatric
33 Medical Practice Act of 1987, the Respiratory Care
34 Practice Act, the Professional Counselor and Clinical
-655- LRB9111045EGfg
1 Professional Counselor Licensing Act, the Illinois
2 Speech-Language Pathology and Audiology Practice Act, the
3 Veterinary Medicine and Surgery Practice Act of 1994, and
4 the Illinois Public Accounting Act;
5 (2) an employee of a vocational rehabilitation
6 facility prescribed or supervised by the Department of
7 Human Services;
8 (3) an administrator, employee, or person providing
9 services in or through an unlicensed community based
10 facility;
11 (4) a Christian Science Practitioner;
12 (5) field personnel of the Department of Public
13 Aid, Department of Public Health, and Department of Human
14 Services, and any county or municipal health department;
15 (6) personnel of the Department of Human Services,
16 the Guardianship and Advocacy Commission, the State Fire
17 Marshal, local fire departments, the Department on Aging
18 and its subsidiary Area Agencies on Aging and provider
19 agencies, and the Office of State Long Term Care
20 Ombudsman;
21 (7) any employee of the State of Illinois not
22 otherwise specified herein who is involved in providing
23 services to eligible adults, including professionals
24 providing medical or rehabilitation services and all
25 other persons having direct contact with eligible adults;
26 or
27 (8) a person who performs the duties of a coroner
28 or medical examiner.
29 (g) "Neglect" means another individual's failure to
30 provide an eligible adult with or willful withholding from an
31 eligible adult the necessities of life including, but not
32 limited to, food, clothing, shelter or medical care. This
33 subsection does not create any new affirmative duty to
34 provide support to eligible adults. Nothing in this Act
-656- LRB9111045EGfg
1 shall be construed to mean that an eligible adult is a victim
2 of neglect because of health care services provided or not
3 provided by licensed health care professionals.
4 (h) "Provider agency" means any public or nonprofit
5 agency in a planning and service area appointed by the
6 regional administrative agency with prior approval by the
7 Department on Aging to receive and assess reports of alleged
8 or suspected abuse, neglect, or financial exploitation.
9 (i) "Regional administrative agency" means any public or
10 nonprofit agency in a planning and service area so designated
11 by the Department, provided that the designated Area Agency
12 on Aging shall be designated the regional administrative
13 agency if it so requests. The Department shall assume the
14 functions of the regional administrative agency for any
15 planning and service area where another agency is not so
16 designated.
17 (j) "Substantiated case" means a reported case of
18 alleged or suspected abuse, neglect, or financial
19 exploitation in which a provider agency, after assessment,
20 determines that there is reason to believe abuse, neglect, or
21 financial exploitation has occurred.
22 (Source: P.A. 90-628, eff. 1-1-99; 91-259, eff. 1-1-00;
23 91-357, eff. 7-29-99; 91-533, eff. 8-13-99; revised 8-30-99.)
24 Section 78. The Abused and Neglected Child Reporting Act
25 is amended by changing Section 4 as follows:
26 (325 ILCS 5/4) (from Ch. 23, par. 2054)
27 Sec. 4. Persons required to report; privileged
28 communications; transmitting false report. Any physician,
29 resident, intern, hospital, hospital administrator and
30 personnel engaged in examination, care and treatment of
31 persons, surgeon, dentist, dentist hygienist, osteopath,
32 chiropractor, podiatrist, physician assistant, substance
-657- LRB9111045EGfg
1 abuse treatment personnel, Christian Science practitioner,
2 funeral home director or employee, coroner, medical examiner,
3 emergency medical technician, acupuncturist, crisis line or
4 hotline personnel, school personnel, educational advocate
5 assigned to a child pursuant to the School Code, truant
6 officers, social worker, social services administrator,
7 domestic violence program personnel, registered nurse,
8 licensed practical nurse, respiratory care practitioner,
9 advanced practice nurse, home health aide, director or staff
10 assistant of a nursery school or a child day care center,
11 recreational program or facility personnel, law enforcement
12 officer, registered psychologist and assistants working
13 under the direct supervision of a psychologist, psychiatrist,
14 or field personnel of the Illinois Department of Public Aid,
15 Public Health, Human Services (acting as successor to the
16 Department of Mental Health and Developmental Disabilities,
17 Rehabilitation Services, or Public Aid), Corrections, Human
18 Rights, or Children and Family Services, supervisor and
19 administrator of general assistance under the Illinois Public
20 Aid Code, probation officer, or any other foster parent,
21 homemaker or child care worker having reasonable cause to
22 believe a child known to them in their professional or
23 official capacity may be an abused child or a neglected child
24 shall immediately report or cause a report to be made to the
25 Department. Whenever such person is required to report under
26 this Act in his capacity as a member of the staff of a
27 medical or other public or private institution, school,
28 facility or agency, he shall make report immediately to the
29 Department in accordance with the provisions of this Act and
30 may also notify the person in charge of such institution,
31 school, facility or agency or his designated agent that such
32 report has been made. Under no circumstances shall any
33 person in charge of such institution, school, facility or
34 agency, or his designated agent to whom such notification has
-658- LRB9111045EGfg
1 been made, exercise any control, restraint, modification or
2 other change in the report or the forwarding of such report
3 to the Department. The privileged quality of communication
4 between any professional person required to report and his
5 patient or client shall not apply to situations involving
6 abused or neglected children and shall not constitute grounds
7 for failure to report as required by this Act. In addition
8 to the above persons required to report suspected cases of
9 abused or neglected children, any other person may make a
10 report if such person has reasonable cause to believe a child
11 may be an abused child or a neglected child. Any person who
12 enters into employment on and after July 1, 1986 and is
13 mandated by virtue of that employment to report under this
14 Act, shall sign a statement on a form prescribed by the
15 Department, to the effect that the employee has knowledge and
16 understanding of the reporting requirements of this Act. The
17 statement shall be signed prior to commencement of the
18 employment. The signed statement shall be retained by the
19 employer. The cost of printing, distribution, and filing of
20 the statement shall be borne by the employer. The Department
21 shall provide copies of this Act, upon request, to all
22 employers employing persons who shall be required under the
23 provisions of this Section to report under this Act.
24 Any person who knowingly transmits a false report to the
25 Department commits the offense of disorderly conduct under
26 subsection (a)(7) of Section 26-1 of the "Criminal Code of
27 1961". Any person who violates this provision a second or
28 subsequent time shall be guilty of a Class 4 felony.
29 Any person who knowingly and willfully violates any
30 provision of this Section other than a second or subsequent
31 violation of transmitting a false report as described in the
32 preceding paragraph, shall be guilty of a Class A
33 misdemeanor.
34 A child whose parent, guardian or custodian in good faith
-659- LRB9111045EGfg
1 selects and depends upon spiritual means through prayer
2 alone for the treatment or cure of disease or remedial care
3 may be considered neglected or abused, but not for the sole
4 reason that his parent, guardian or custodian accepts and
5 practices such beliefs.
6 A child shall not be considered neglected or abused
7 solely because the child is not attending school in
8 accordance with the requirements of Article 26 of the School
9 Code, as amended.
10 (Source: P.A. 90-116, eff. 7-14-97; 91-259, eff. 1-1-00;
11 91-516, eff. 8-13-99; revised 10-14-99.)
12 Section 79. The Illinois Rural/Downstate Health Act is
13 amended by changing Section 4 as follows:
14 (410 ILCS 65/4) (from Ch. 111 1/2, par. 8054)
15 Sec. 4. The Center shall have the authority:
16 (a) To assist rural communities and communities in
17 designated shortage areas by providing technical assistance
18 to community leaders in defining their specific health care
19 needs and identifying strategies to address those needs.
20 (b) To link rural communities and communities in
21 designated shortage areas with other units in the Department
22 or other State agencies which can assist in the solution of a
23 health care access problem.
24 (c) To maintain and disseminate information on
25 innovative health care strategies, either directly or
26 indirectly.
27 (d) To administer State or federal grant programs
28 relating to rural health or medically underserved areas
29 established by State or federal law for which funding has
30 been made available.
31 (e) To promote the development of primary care services
32 in rural areas and designated shortage areas. Subject to
-660- LRB9111045EGfg
1 available appropriations, the Department may annually award
2 grants of up to $300,000 each to enable the health services
3 in those areas to offer multi-service comprehensive
4 ambulatory care, thereby improving access to primary care
5 services. Grants may cover operational and facility
6 construction and renovation expenses, including but not
7 limited to the cost of personnel, medical supplies and
8 equipment, patient transportation, and health provider
9 recruitment. The Department shall prescribe by rule standards
10 and procedures for the provision of local matching funds in
11 relation to each grant application. Grants provided under
12 this paragraph (e) shall be in addition to support and
13 assistance provided under subsection (a) of Section 2310-200
14 of the Department of Public Health Powers and Duties Law (20
15 ILCS 2310/2310-200). Eligible applicants shall include, but
16 not be limited to, community-based organizations, hospitals,
17 local health departments, and Community Health Centers as
18 defined in Section 4.1 of this Act.
19 (f) To annually provide grants from available
20 appropriations to hospitals located in medically underserved
21 areas or health manpower shortage areas as defined by the
22 United States Department of Health and Human Services, whose
23 governing boards include significant representation of
24 consumers of hospital services residing in the area served by
25 the hospital, and which agree not to discriminate in any way
26 against any consumer of hospital services based upon the
27 consumer's source of payment for those services. Grants that
28 may be awarded under this paragraph (f) shall be limited to
29 $500,000 and shall not exceed 50% of the total project need
30 indicated in each application. Expenses covered by the grants
31 may include but are not limited to facility renovation,
32 equipment acquisition and maintenance, recruitment of health
33 personnel, diversification of services, and joint venture
34 arrangements.
-661- LRB9111045EGfg
1 (g) To establish a recruitment center which shall
2 actively recruit physicians and other health care
3 practitioners to participate in the program, maintain
4 contacts with participating practitioners, actively promote
5 health care professional practice in designated shortage
6 areas, assist in matching the skills of participating medical
7 students with the needs of community health centers in
8 designated shortage areas, and assist participating medical
9 students in locating in designated shortage areas.
10 (h) To assist communities in designated shortage areas
11 find alternative services or temporary health care providers
12 when existing health care providers are called into active
13 duty with the armed forces of the United States.
14 (i) To develop, in cooperation with the Illinois
15 Development Finance Authority, financing programs whose goals
16 and purposes shall be to provide moneys to carry out the
17 purpose of this Act, including, but not limited to, revenue
18 bond programs, revolving loan programs, equipment leasing
19 programs, and working cash programs. The Department may
20 transfer to the Illinois Development Finance Authority, into
21 an account outside of the State treasury, moneys in special
22 funds of the Department for the purposes of establishing
23 those programs. The disposition of any moneys so transferred
24 shall be determined by an interagency agreement.
25 (Source: P.A. 91-239, eff. 1-1-00; 91-357, eff. 7-29-99;
26 revised 8-5-99.)
27 Section 80. The Environmental Protection Act is amended
28 by changing Sections 19.2, 19.3, 19.4, 19.5, and 19.6 and by
29 setting forth and renumbering multiple versions of Section
30 58.15 as follows:
31 (415 ILCS 5/19.2) (from Ch. 111 1/2, par. 1019.2)
32 Sec. 19.2. As used in this Title, unless the context
-662- LRB9111045EGfg
1 clearly requires otherwise:
2 (a) "Agency" means the Illinois Environmental Protection
3 Agency.
4 (b) "Fund" means the Water Revolving Fund created
5 pursuant to this Title, consisting of the Water Pollution
6 Control Loan Program, the Public Water Supply Loan Program,
7 and the Loan Support Program.
8 (c) "Loan" means a loan made from the Water Pollution
9 Control Loan Program or the Public Water Supply Loan Program
10 to an eligible applicant or a privately owned community water
11 supply as a result of a contractual agreement between the
12 Agency and such applicant or privately owned community water
13 supply.
14 (d) "Construction" means any one or more of the
15 following which is undertaken for a public purpose:
16 preliminary planning to determine the feasibility of the
17 treatment works or public water supply, engineering,
18 architectural, legal, fiscal or economic investigations or
19 studies, surveys, designs, plans, working drawings,
20 specifications, procedures or other necessary actions,
21 erection, building, acquisition, alteration, remodeling,
22 improvement or extension of treatment works or public water
23 supplies, or the inspection or supervision of any of the
24 foregoing items. "Construction" also includes implementation
25 of source water quality protection measures and establishment
26 and implementation of wellhead protection programs in
27 accordance with Section 1452(k)(1) of the federal Safe
28 Drinking Water Act.
29 (e) "Intended use plan" means a plan which includes a
30 description of the short and long term goals and objectives
31 of the Water Pollution Control Loan Program and the Public
32 Water Supply Loan Program, project categories, discharge
33 requirements, terms of financial assistance and the loan
34 applicants local government units and privately owned
-663- LRB9111045EGfg
1 community water supplies to be served.
2 (f) "Treatment works" means any devices and systems
3 owned by a local government unit and used in the storage,
4 treatment, recycling, and reclamation of sewerage or
5 industrial wastes of a liquid nature, including intercepting
6 sewers, outfall sewers, sewage collection systems, pumping
7 power and other equipment, and appurtenances; extensions,
8 improvements, remodeling, additions, and alterations thereof;
9 elements essential to provide a reliable recycled supply,
10 such as standby treatment units and clear well facilities;
11 and any works, including site acquisition of the land that
12 will be an integral part of the treatment process for
13 wastewater facilities.
14 (g) "Local government unit" means a county,
15 municipality, township, municipal or county sewerage or
16 utility authority, sanitary district, public water district,
17 improvement authority or any other political subdivision
18 whose primary purpose is to construct, operate and maintain
19 wastewater treatment facilities or public water supply
20 facilities or both.
21 (h) "Privately owned community water supply" means:
22 (1) an investor-owned water utility, if under
23 Illinois Commerce Commission regulation and operating as
24 a separate and distinct water utility;
25 (2) a not-for-profit water corporation, if
26 operating specifically as a water utility; and
27 (3) a mutually owned or cooperatively owned
28 community water system, if operating as a separate water
29 utility.
30 (Source: P.A. 90-121, eff. 7-17-97; 91-36, eff. 6-15-99;
31 91-52, eff. 6-30-99; 91-501, eff. 8-13-99; revised 10-13-99.)
32 (415 ILCS 5/19.3) (from Ch. 111 1/2, par. 1019.3)
33 Sec. 19.3. Water Revolving Fund.
-664- LRB9111045EGfg
1 (a) There is hereby created within the State Treasury a
2 Water Revolving Fund, consisting of 3 interest-bearing
3 special programs to be known as the Water Pollution Control
4 Loan Program, the Public Water Supply Loan Program, and the
5 Loan Support Program, which shall be used and administered by
6 the Agency.
7 (b) The Water Pollution Control Loan Program shall be
8 used and administered by the Agency to provide assistance for
9 the following purposes:
10 (1) to accept and retain funds from grant awards,
11 appropriations, transfers, and payments of interest and
12 principal;
13 (2) to make direct loans at or below market
14 interest rates to any eligible local government unit to
15 finance the construction of wastewater treatments works;
16 (3) to make direct loans at or below market
17 interest rates to any eligible local government unit to
18 buy or refinance debt obligations for treatment works
19 incurred after March 7, 1985;
20 (3.5) to make direct loans at or below market
21 interest rates for the implementation of a management
22 program established under Section 319 of the Federal
23 Water Pollution Control Act, as amended;
24 (4) to guarantee or purchase insurance for local
25 obligations where such action would improve credit market
26 access or reduce interest rates;
27 (5) as a source of revenue or security for the
28 payment of principal and interest on revenue or general
29 obligation bonds issued by the State or any political
30 subdivision or instrumentality thereof, if the proceeds
31 of such bonds will be deposited in the Fund;
32 (6) to finance the reasonable costs incurred by the
33 Agency in the administration of the Fund; and
34 (7) (blank).
-665- LRB9111045EGfg
1 (c) The Loan Support Program shall be used and
2 administered by the Agency for the following purposes:
3 (1) to accept and retain funds from grant awards
4 and appropriations;
5 (2) to finance the reasonable costs incurred by the
6 Agency in the administration of the Fund, including
7 activities under Title III of this Act, including the
8 administration of the State construction grant program;
9 (3) to transfer funds to the Water Pollution
10 Control Loan Program and the Public Water Supply Loan
11 Program;
12 (4) to accept and retain a portion of the loan
13 repayments;
14 (5) to finance the development of the low interest
15 loan program for public water supply projects;
16 (6) to finance the reasonable costs incurred by the
17 Agency to provide technical assistance for public water
18 supplies; and
19 (7) to finance the reasonable costs incurred by the
20 Agency for public water system supervision programs, to
21 administer or provide for technical assistance through
22 source water protection programs, to develop and
23 implement a capacity development strategy, to delineate
24 and assess source water protection areas, and for an
25 operator certification program in accordance with Section
26 1452 of the federal Safe Drinking Water Act.
27 (d) The Public Water Supply Loan Program shall be used
28 and administered by the Agency to provide assistance to local
29 government units and privately owned community water supplies
30 for public water supplies for the following public purposes:
31 (1) to accept and retain funds from grant awards,
32 appropriations, transfers, and payments of interest and
33 principal;
34 (2) to make direct loans at or below market
-666- LRB9111045EGfg
1 interest rates to any eligible local government unit or
2 to any eligible privately owned community water supply to
3 finance the construction of water supplies;
4 (3) to buy or refinance the debt obligation of a
5 local government unit for costs incurred on or after July
6 17, 1997;
7 (4) to guarantee local obligations where such
8 action would improve credit market access or reduce
9 interest rates;
10 (5) as a source of revenue or security for the
11 payment of principal and interest on revenue or general
12 obligation bonds issued by the State or any political
13 subdivision or instrumentality thereof, if the proceeds
14 of such bonds will be deposited into the Fund; and
15 (6) (blank).
16 (e) The Agency is designated as the administering agency
17 of the Fund. The Agency shall submit to the Regional
18 Administrator of the United States Environmental Protection
19 Agency an intended use plan which outlines the proposed use
20 of funds available to the State. The Agency shall take all
21 actions necessary to secure to the State the benefits of the
22 federal Water Pollution Control Act and the federal Safe
23 Drinking Water Act, as now or hereafter amended.
24 (f) The Agency shall have the power to enter into
25 intergovernmental agreements with the federal government or
26 the State, or any instrumentality thereof, for purposes of
27 capitalizing the Water Revolving Fund. Moneys on deposit in
28 the Water Revolving Fund may be used for the creation of
29 reserve funds or pledged funds that secure the obligations of
30 repayment of loans made pursuant to this Section. For the
31 purpose of obtaining capital for deposit into the Water
32 Revolving Fund, the Agency may also enter into agreements
33 with financial institutions and other persons for the purpose
34 of selling loans and developing a secondary market for such
-667- LRB9111045EGfg
1 loans. The Agency shall have the power to create and
2 establish such reserve funds and accounts as may be necessary
3 or desirable to accomplish its purposes under this subsection
4 and to allocate its available moneys into such funds and
5 accounts. Investment earnings on moneys held in the Water
6 Revolving Fund, including any reserve fund or pledged fund,
7 shall be deposited into the Water Revolving Fund.
8 (Source: P.A. 89-27, eff. 1-1-96; 90-121, eff. 7-17-97;
9 91-36, eff. 6-15-99; 91-52, eff. 6-30-99; 91-501, eff.
10 8-13-99; revised 10-13-99.)
11 (415 ILCS 5/19.4) (from Ch. 111 1/2, par. 1019.4)
12 Sec. 19.4. Regulations; priorities.
13 (a) The Agency shall have the authority to promulgate
14 regulations to set forth procedures and criteria concerning
15 loan applications. For units of local government, the
16 regulations shall include, but need not be limited to, the
17 following elements: submittal of information to the Agency to
18 ascertain the credit worthiness of the loan applicant, types
19 of security required for the loan including liens, mortgages,
20 and other kinds of security interests, types of collateral as
21 necessary that can be pledged to meet or exceed the loan
22 amount, special loan terms for securing repayment of the
23 loan, the staged access to the fund by privately owned
24 community water supplies,
25 (1) loan application requirements;
26 (2) determination of credit worthiness of the loan
27 applicant;
28 (3) special loan terms, as necessary, for securing
29 the repayment of the loan;
30 (4) assurance of payment;
31 (5) interest rates;
32 (6) loan support rates;
33 (7) impact on user charges;
-668- LRB9111045EGfg
1 (8) eligibility of proposed construction;
2 (9) priority of needs;
3 (10) special loan terms for disadvantaged
4 communities;
5 (11) maximum limits on annual distributions of
6 funds to applicants or groups of applicants;
7 (12) penalties for noncompliance with loan
8 requirements and conditions, including stop-work orders,
9 termination, and recovery of loan funds; and
10 (13) indemnification of the State of Illinois and
11 the Agency by the loan recipient.
12 (b) The Agency shall have the authority to promulgate
13 regulations to set forth procedures and criteria concerning
14 loan applications for loan recipients other than units of
15 local government. In addition to all of the elements
16 required for units of local government under subsection (a),
17 the regulations shall include, but need not be limited to,
18 the following elements:
19 (1) types of security required for the loan;
20 (2) types of collateral, as necessary, that can be
21 pledged for the loan; and
22 (3) staged access to fund privately owned community
23 water supplies.
24 (c) The Agency shall develop and maintain a priority
25 list of loan applicants as categorized by need. Priority in
26 making loans from the Public Water Supply Loan Program must
27 first be given to local government units and privately owned
28 community water supplies that need to make capital
29 improvements to protect human health and to achieve
30 compliance with the State and federal primary drinking water
31 standards adopted pursuant to this Act and the federal Safe
32 Drinking Water Act, as now and hereafter amended.
33 (Source: P.A. 90-121, eff. 7-17-97; 91-36, eff. 6-15-99;
34 91-52, eff. 6-30-99; 91-501, eff. 8-13-99; revised 10-13-99.)
-669- LRB9111045EGfg
1 (415 ILCS 5/19.5) (from Ch. 111 1/2, par. 1019.5)
2 Sec. 19.5. Loans; repayment.
3 (a) The Agency shall have the authority to make loans to
4 local government units and privately owned community for the
5 construction of public water supplies pursuant to the
6 regulations promulgated under Section 19.4.
7 (b) Loans made from the Fund shall provide for:
8 (1) a schedule of disbursement of proceeds;
9 (2) a fixed rate that includes interest and loan
10 support based upon priority, but the loan support rate
11 shall not exceed one-half of the fixed rate established
12 for each loan;
13 (3) a schedule of repayment;
14 (4) initiation of principal repayments within one
15 year after the project is operational; and
16 (5) a confession of judgment upon default.
17 (c) The Agency may amend existing loans to include a
18 loan support rate only if the overall cost to the loan
19 recipient is not increased.
20 (d) A local government unit or privately owned community
21 water supply shall secure the payment of its obligations to
22 the Fund by a dedicated source of repayment, including
23 revenues derived from the imposition of rates, fees and
24 charges and by other types of security or collateral or both
25 required to secure the loan pursuant to the regulations
26 promulgated under Section 19.4. Other loan applicants shall
27 secure the payment of their obligations by appropriate
28 security and collateral pursuant to regulations promulgated
29 under Section 19.4. or privately owned community water supply
30 (Source: P.A. 90-121, eff. 7-17-97; 91-36, eff. 6-15-99;
31 91-52, eff. 6-30-99; 91-501, eff. 8-13-99; revised 10-13-99.)
32 (415 ILCS 5/19.6) (from Ch. 111 1/2, par. 1019.6)
33 Sec. 19.6. Delinquent loan repayment.
-670- LRB9111045EGfg
1 (a) In the event that a timely payment is not made by a
2 loan recipient or the privately owned community water supply
3 according to the loan schedule of repayment, the loan
4 recipient or privately owned community water supply shall
5 notify the Agency in writing within 15 days after the payment
6 due date. The notification shall include a statement of the
7 reasons the payment was not timely tendered, the
8 circumstances under which the late payments will be
9 satisfied, and binding commitments to assure future payments.
10 After receipt of this notification, the Agency shall confirm
11 in writing the acceptability of the plan or take action in
12 accordance with subsection (b) of this Section.
13 (b) In the event that a loan recipient or privately
14 owned community water supply fails to comply with subsection
15 (a) of this Section, the Agency shall promptly issue a notice
16 of delinquency to the loan recipient, or privately owned
17 community water supply which shall require a written response
18 within 15 days. The notice of delinquency shall require that
19 the loan recipient or privately owned community water supply
20 revise its rates, fees and charges to meet its obligations
21 pursuant to subsection (d) of Section 19.5 or take other
22 specified actions as may be appropriate to remedy the
23 delinquency and to assure future payments.
24 (c) In the event that the loan recipient or privately
25 owned community water supply fails to timely or adequately
26 respond to a notice of delinquency, or fails to meet its
27 obligations made pursuant to subsections (a) and (b) of this
28 Section, the Agency shall pursue the collection of the
29 amounts past due, the outstanding loan balance and the costs
30 thereby incurred, either pursuant to the Illinois State
31 Collection Act of 1986 or by any other reasonable means as
32 may be provided by law, including the taking of title by
33 foreclosure or otherwise to any project or other property
34 pledged, mortgaged, encumbered, or otherwise available as
-671- LRB9111045EGfg
1 security or collateral.
2 (Source: P.A. 90-121, eff. 7-17-97; 91-36, eff. 6-15-99;
3 91-52, eff. 6-30-99; 91-501, eff. 8-13-99; revised 10-13-99.)
4 (415 ILCS 5/58.15)
5 Sec. 58.15. Brownfields Redevelopment Loan Program.
6 (a) The Agency shall establish and administer a
7 revolving loan program to be known as the "Brownfields
8 Redevelopment Loan Program" for the purpose of providing
9 loans to be used for site investigation, site remediation, or
10 both, at brownfields sites. All principal, interest, and
11 penalty payments from loans made under this Section shall be
12 deposited into the Brownfields Redevelopment Fund and reused
13 in accordance with this Section.
14 (b) General requirements for loans:
15 (1) Loans shall be at or below market interest
16 rates in accordance with a formula set forth in
17 regulations promulgated under subsection (c) of this
18 Section.
19 (2) Loans shall be awarded subject to availability
20 of funding based on the order of receipt of applications
21 satisfying all requirements as set forth in the
22 regulations promulgated under subsection (c) of this
23 Section.
24 (3) The maximum loan amount under this Section for
25 any one project is $1,000,000.
26 (4) In addition to any requirements or conditions
27 placed on loans by regulation, loan agreements under the
28 Brownfields Redevelopment Loan Program shall include the
29 following requirements:
30 (A) the loan recipient shall secure the loan
31 repayment obligation;
32 (B) completion of the loan repayment shall not
33 exceed 5 years; and
-672- LRB9111045EGfg
1 (C) loan agreements shall provide for a
2 confession of judgment by the loan recipient upon
3 default.
4 (5) Loans shall not be used to cover expenses
5 incurred prior to the approval of the loan application.
6 (6) If the loan recipient fails to make timely
7 payments or otherwise fails to meet its obligations as
8 provided in this Section or implementing regulations, the
9 Agency is authorized to pursue the collection of the
10 amounts past due, the outstanding loan balance, and the
11 costs thereby incurred, either pursuant to the Illinois
12 State Collection Act of 1986 or by any other means
13 provided by law, including the taking of title, by
14 foreclosure or otherwise, to any project or other
15 property pledged, mortgaged, encumbered, or otherwise
16 available as security or collateral.
17 (c) The Agency shall have the authority to enter into
18 any contracts or agreements that may be necessary to carry
19 out its duties or responsibilities under this Section. The
20 Agency shall have the authority to promulgate regulations
21 setting forth procedures and criteria for administering the
22 Brownfields Redevelopment Loan Program. The regulations
23 promulgated by the Agency for loans under this Section shall
24 include, but need not be limited to, the following elements:
25 (1) loan application requirements;
26 (2) determination of credit worthiness of the loan
27 applicant;
28 (3) types of security required for the loan;
29 (4) types of collateral, as necessary, that can be
30 pledged for the loan;
31 (5) special loan terms, as necessary, for securing
32 the repayment of the loan;
33 (6) maximum loan amounts;
34 (7) purposes for which loans are available;
-673- LRB9111045EGfg
1 (8) application periods and content of
2 applications;
3 (9) procedures for Agency review of loan
4 applications, loan approvals or denials, and loan
5 acceptance by the loan recipient;
6 (10) procedures for establishing interest rates;
7 (11) requirements applicable to disbursement of
8 loans to loan recipients;
9 (12) requirements for securing loan repayment
10 obligations;
11 (13) conditions or circumstances constituting
12 default;
13 (14) procedures for repayment of loans and
14 delinquent loans including, but not limited to, the
15 initiation of principal and interest payments following
16 loan acceptance;
17 (15) loan recipient responsibilities for work
18 schedules, work plans, reports, and record keeping;
19 (16) evaluation of loan recipient performance,
20 including auditing and access to sites and records;
21 (17) requirements applicable to contracting and
22 subcontracting by the loan recipient, including
23 procurement requirements;
24 (18) penalties for noncompliance with loan
25 requirements and conditions, including stop-work orders,
26 termination, and recovery of loan funds; and
27 (19) indemnification of the State of Illinois and
28 the Agency by the loan recipient.
29 (d) Moneys in the Brownfields Redevelopment Fund may be
30 used as a source of revenue or security for the principal and
31 interest on revenue or general obligation bonds issued by the
32 State or any political subdivision or instrumentality
33 thereof, if the proceeds of those bonds will be deposited
34 into the Fund.
-674- LRB9111045EGfg
1 (Source: P.A. 91-36, eff. 6-15-99.)
2 (415 ILCS 5/58.16)
3 Sec. 58.16. 58.15. Construction of school; requirements.
4 This Section applies only to counties with a population of
5 more than 3,000,000. In this Section, "school" means a
6 school as defined in Section 34-1.1 of the School Code. No
7 person shall commence construction on real property of a
8 building intended for use as a school unless:
9 (1) a Phase 1 Environmental Audit, conducted in
10 accordance with Section 22.2 of this Act, is obtained;
11 (2) if the Phase 1 Environmental Audit discloses
12 the presence or likely presence of a release or a
13 substantial threat of a release of a regulated substance
14 at, on, to, or from the real property, a Phase II
15 Environmental Audit, conducted in accordance with Section
16 22.2 of this Act, is obtained; and
17 (3) if the Phase II Environmental Audit discloses
18 the presence or likely presence of a release or a
19 substantial threat of a release of a regulated substance
20 at, on, to, or from the real property, the real property
21 is enrolled in the Site Remediation Program and remedial
22 action that the Agency approves for the intended use of
23 the property is completed.
24 (Source: P.A. 91-442, eff. 1-1-00; revised 10-19-99.)
25 Section 81. The Public Water Supply Operations Act is
26 amended by changing Section 1 as follows:
27 (415 ILCS 45/1) (from Ch. 111 1/2, par. 501)
28 Sec. 1. (1) In order to safeguard the health and well
29 being of the populace, every community water supply in
30 Illinois shall have on its operational staff at least one
31 natural person certified as competent as a water supply
-675- LRB9111045EGfg
1 operator under the provisions of this Act.
2 Except for exempt community water supplies as specified
3 in Section 9.1 of this Act, all portions of a community water
4 supply system shall be under the direct supervision of a
5 properly certified community water supply operator.
6 (2) The following class requirements apply:
7 (a) Each community water supply which includes
8 coagulation, lime softening, or sedimentation as a part
9 of its primary treatment shall have in its employ at
10 least one natural person certified as competent as a
11 Class A community water supply operator. This includes
12 all surface water community water supplies.
13 (b) Each community water supply which includes
14 filtration, aeration and filtration, or ion exchange
15 equipment as a part of its primary treatment shall have
16 in its employ at least one natural person certified as
17 competent as a Class B or Class A community water supply
18 operator.
19 (c) Each community water supply which utilizes
20 chemical feeding only shall have in its employ at least
21 one natural person certified as competent as a Class C,
22 Class B, or Class A community water supply operator.
23 (d) Each community water supply in which the
24 facilities are limited to pumpage, storage, or
25 distribution shall have in its employ at least one
26 natural person certified as competent as a Class D, Class
27 C, Class B, or Class A community water supply operator.
28 (e) A community water supply that cannot be clearly
29 grouped according to this Section will be considered
30 individually and designated within one of the above groups by
31 the Agency. This determination will be based on the nature
32 of the community water supply and on the education and
33 experience necessary to operate it.
34 (3) A community water supply may satisfy the
-676- LRB9111045EGfg
1 requirements of this Section by contracting the services of a
2 properly qualified certified operator of the required class
3 or higher, as specified in subsection (2) this. A written
4 agreement to this effect must be on file with the Agency
5 certifying that such an agreement exists, and delegating
6 responsibility and authority to the contracted party. This
7 written agreement shall be signed by both the certified
8 operator to be contracted and the responsible community water
9 supply owner or official custodian and must be approved in
10 writing by the Agency.
11 (Source: P.A. 91-84, eff. 7-9-99; 91-357, eff. 7-29-99;
12 revised 8-30-99.)
13 Section 82. The Radiation Protection Act of 1990 is
14 amended by changing Sections 4, 11, and 25 as follows:
15 (420 ILCS 40/4) (from Ch. 111 1/2, par. 210-4)
16 Sec. 4. Definitions. As used in this Act:
17 (a) "Accreditation" means the process by which the
18 Department of Nuclear Safety grants permission to persons
19 meeting the requirements of this Act and the Department's
20 rules and regulations to engage in the practice of
21 administering radiation to human beings.
22 (a-5) "By-product material" means: (1) any radioactive
23 material (except special nuclear material) yielded in or made
24 radioactive by exposure to radiation incident to the process
25 of producing or utilizing special nuclear material; and (2)
26 the tailings or wastes produced by the extraction or
27 concentration of uranium or thorium from any ore processed
28 primarily for its source material content, including discrete
29 surface wastes resulting from underground solution extraction
30 processes but not including underground ore bodies depleted
31 by such solution extraction processes.
32 (b) "Department" means the Department of Nuclear Safety
-677- LRB9111045EGfg
1 in the State of Illinois.
2 (c) "Director" means the Director of the Department of
3 Nuclear Safety.
4 (d) "General license" means a license, pursuant to
5 regulations promulgated by the Department, effective without
6 the filing of an application to transfer, acquire, own,
7 possess or use quantities of, or devices or equipment
8 utilizing, radioactive material, including but not limited to
9 by-product, source or special nuclear materials.
10 (d-3) "Mammography" means radiography of the breast
11 primarily for the purpose of enabling a physician to
12 determine the presence, size, location and extent of
13 cancerous or potentially cancerous tissue in the breast.
14 (d-7) "Operator" is an individual, group of individuals,
15 partnership, firm, corporation, association, or other entity
16 conducting the business or activities carried on within a
17 radiation installation.
18 (e) "Person" means any individual, corporation,
19 partnership, firm, association, trust, estate, public or
20 private institution, group, agency, political subdivision of
21 this State, any other State or political subdivision or
22 agency thereof, and any legal successor, representative,
23 agent, or agency of the foregoing, other than the United
24 States Nuclear Regulatory Commission, or any successor
25 thereto, and other than federal government agencies licensed
26 by the United States Nuclear Regulatory Commission, or any
27 successor thereto. "Person" also includes a federal entity
28 (and its contractors) if the federal entity agrees to be
29 regulated by the State or as otherwise allowed under federal
30 law.
31 (f) "Radiation" or "ionizing radiation" means gamma rays
32 and x-rays, alpha and beta particles, high speed electrons,
33 neutrons, protons, and other nuclear particles or
34 electromagnetic radiations capable of producing ions directly
-678- LRB9111045EGfg
1 or indirectly in their passage through matter; but does not
2 include sound or radio waves or visible, infrared, or
3 ultraviolet light.
4 (f-5) "Radiation emergency" means the uncontrolled
5 release of radioactive material from a radiation installation
6 which poses a potential threat to the public health, welfare,
7 and safety.
8 (g) "Radiation installation" is any location or facility
9 where radiation machines are used or where radioactive
10 material is produced, transported, stored, disposed of, or
11 used for any purpose.
12 (h) "Radiation machine" is any device that produces
13 radiation when in use.
14 (i) "Radioactive material" means any solid, liquid, or
15 gaseous substance which emits radiation spontaneously.
16 (j) "Radiation source" or "source of ionizing radiation"
17 means a radiation machine or radioactive material as defined
18 herein.
19 (k) "Source material" means (1) uranium, thorium, or any
20 other material which the Department declares by order to be
21 source material after the United States Nuclear Regulatory
22 Commission, or any successor thereto, has determined the
23 material to be such; or (2) ores containing one or more of
24 the foregoing materials, in such concentration as the
25 Department declares by order to be source material after the
26 United States Nuclear Regulatory Commission, or any successor
27 thereto, has determined the material in such concentration to
28 be source material.
29 (l) "Special nuclear material" means (1) plutonium,
30 uranium 233, uranium enriched in the isotope 233 or in the
31 isotope 235, and any other material which the Department
32 declares by order to be special nuclear material after the
33 United States Nuclear Regulatory Commission, or any successor
34 thereto, has determined the material to be such, but does not
-679- LRB9111045EGfg
1 include source material; or (2) any material artificially
2 enriched by any of the foregoing, but does not include source
3 material.
4 (m) "Specific license" means a license, issued after
5 application, to use, manufacture, produce, transfer, receive,
6 acquire, own, or possess quantities of, or devices or
7 equipment utilizing radioactive materials.
8 (Source: P.A. 91-188, eff. 7-20-99; 91-340, eff. 7-29-99;
9 revised 10-13-99.)
10 (420 ILCS 40/11) (from Ch. 111 1/2, par. 210-11)
11 Sec. 11. Federal-State Agreements.
12 (1) The Governor, on behalf of this State, is authorized
13 to enter into agreements with the Federal Government
14 providing for discontinuance of certain of the Federal
15 Government's responsibilities with respect to sources of
16 ionizing radiation and the assumption thereof by this State,
17 including, but not limited to, agreements concerning
18 by-product material as defined in Section 11(e)(2) of the
19 Atomic Energy Act of 1954, 42 U.S.C. 2014(e)(2).
20 (2) Any person who, on the effective date of an
21 agreement under subsection (1) above, possesses a license
22 issued by the Federal Government governing activities for
23 which the Federal Government, pursuant to such agreement, is
24 transferring its responsibilities to this State shall be
25 deemed to possess the same pursuant to a license issued under
26 this Act, which shall expire 90 days after receipt from the
27 Department of a notice of expiration of such license, or on
28 the date of expiration specified in the Federal license,
29 whichever is earlier.
30 (3) At such time as Illinois enters into a Federal-State
31 Agreement in accordance with the provisions of this Act, the
32 Department shall license and collect license fees from
33 persons operating radiation installations, including
-680- LRB9111045EGfg
1 installations involving the use or possession of by-product
2 material as defined in subsection (a-5)(2) of Section 4 and
3 installations having such devices or equipment utilizing or
4 producing radioactive materials but licensure shall not apply
5 to any x-ray machine, including those located in an office of
6 a licensed physician or dentist. The Department may also
7 collect license fees from persons authorized by the
8 Department to engage in decommissioning and decontamination
9 activities at radiation installations including installations
10 licensed to use or possess by-product material as defined in
11 subsection (a-5)(2) of Section 4. The license fees collected
12 from persons authorized to use or possess by-product material
13 as defined in subsection (a-5)(2) of Section 4 or to engage
14 in decommissioning and decontamination activities at
15 radiation installations where such by-product material is
16 used or possessed may include fees sufficient to cover the
17 expenses incurred by the Department in conjunction with
18 monitoring unlicensed properties contaminated with by-product
19 material as defined in subsection (a-5)(2) of Section 4 and
20 overseeing the decontamination of such unlicensed properties.
21 The Department may impose fees for termination of
22 licenses including, but not limited to, licenses for refining
23 uranium mill concentrates to uranium hexafluoride; licenses
24 for possession and use of source material at ore buying
25 stations, at ion exchange facilities and at facilities where
26 ore is processed to extract metals other than uranium or
27 thorium; and licenses authorizing the use or possession of
28 by-product material as defined in subsection (a-5)(2) of
29 Section 4. The Department may also set license fees for
30 licenses which authorize the distribution of devices,
31 products, or sealed sources involved in the production,
32 utilization, or containment of radiation. After a public
33 hearing before the Department, the fees and collection
34 procedures shall be prescribed under rules and regulations
-681- LRB9111045EGfg
1 for protection against radiation hazards promulgated under
2 this Act.
3 (4) The Department is authorized to enter into
4 agreements related to the receipt and expenditure of federal
5 grants and other funds to provide assistance to states and
6 compact regions in fulfilling responsibilities under the
7 federal Low-Level Radioactive Waste Policy Act, as amended.
8 (Source: P.A. 91-86, eff. 7-9-99; 91-340, eff. 7-29-99;
9 revised 10-6-99.)
10 (420 ILCS 40/25) (from Ch. 111 1/2, par. 210-25)
11 Sec. 25. Radiation inspection and testing; fees.
12 (a) The Department shall inspect and test radiation
13 installations and radiation sources, their immediate
14 surroundings and records concerning their operation to
15 determine whether or not any radiation resulting therefrom is
16 or may be detrimental to health. For the purposes of this
17 Section, "radiation installation" means any location or
18 facility where radiation machines are used. The inspection
19 and testing frequency of a radiation installation shall be
20 based on the installation's class designation in accordance
21 with subsection (f).
22 Inspections of mammography installations shall also
23 include evaluation of the quality of mammography phantom
24 images produced by mammography equipment. The Department
25 shall promulgate rules establishing procedures and acceptance
26 standards for evaluating the quality of mammography phantom
27 images.
28 Beginning on the effective date of this amendatory Act of
29 1997 and until June 30, 2000, the fee for inspection and
30 testing shall be paid yearly at an annualized rate based on
31 the classifications and frequencies set forth in subsection
32 (f). The annualized fee for inspection and testing shall be
33 based on the rate of $55 per radiation machine for machines
-682- LRB9111045EGfg
1 located in dental offices and clinics and used solely for
2 dental diagnosis, located in veterinary offices and used
3 solely for diagnosis, or located in offices and clinics of
4 persons licensed under the Podiatric Medical Practice Act of
5 1987 and shall be based on the rate of $80 per radiation
6 machine for all other radiation machines. The Department may
7 adopt rules detailing the annualized rate structure. For the
8 year beginning January 1, 2000, the annual fee for inspection
9 and testing of Class D radiation installations shall be $25
10 per radiation machine. The Department is authorized to bill
11 the fees listed in this paragraph as part of the annual fee
12 specified in Section 24.7 of this Act.
13 Beginning July 1, 2000, the Department shall establish
14 the fees under Section 24.7 of this Act by rule, provided
15 that no increase of the fees shall take effect before January
16 1, 2001.
17 (b) (Blank). , or other entity
18 (c) (Blank).
19 (d) (Blank).
20 (e) (Blank).
21 (f) For purposes of this Section, radiation
22 installations shall be divided into 4 classes:
23 Class A - Class A shall include dental offices and
24 veterinary offices with radiation machines used solely
25 for diagnosis and all installations using commercially
26 manufactured cabinet radiographic/fluoroscopic radiation
27 machines. Operators of Class A installations shall have
28 their radiation machines inspected and tested every 5
29 years by the Department.
30 Class B - Class B shall include offices or clinics
31 of persons licensed under the Medical Practice Act of
32 1987 or the Podiatric Medical Practice Act of 1987 with
33 radiation machines used solely for diagnosis and all
34 installations using spectroscopy radiation machines,
-683- LRB9111045EGfg
1 noncommercially manufactured cabinet
2 radiographic/fluoroscopic radiation machines, portable
3 radiographic/fluoroscopic units, non-cabinet
4 baggage/package fluoroscopic radiation machines and
5 electronic beam welders. Operators of Class B
6 installations shall have their radiation machines
7 inspected and tested every 2 years by the Department.
8 Class C - Class C shall include installations using
9 diffraction radiation machines, open radiography
10 radiation machines, closed radiographic/fluoroscopic
11 radiation machines and radiation machines used as gauges.
12 Test booths, bays, or rooms used by manufacturing,
13 assembly or repair facilities for testing radiation
14 machines shall be categorized as Class C radiation
15 installations. Operators of Class C installations shall
16 have their radiation machines inspected and tested
17 annually by the Department.
18 Class D - Class D shall include all hospitals and
19 all other facilities using mammography, computed
20 tomography (CT), or therapeutic radiation machines. Each
21 operator of a Class D installation shall maintain a
22 comprehensive radiation protection program. The
23 individual or individuals responsible for implementing
24 this program shall register with the Department in
25 accordance with Section 25.1. As part of this program,
26 the registered individual or individuals shall conduct an
27 annual performance evaluation of all radiation machines
28 and oversee the equipment-related quality assurance
29 practices within the installation. The registered
30 individual or individuals shall determine and document
31 whether the installation's radiation machines are being
32 maintained and operated in accordance with standards
33 promulgated by the Department. Class D installation
34 shall be inspected annually by the Department.
-684- LRB9111045EGfg
1 (f-1) Radiation installations for which more than one
2 class is applicable shall be assigned the classification
3 requiring the most frequent inspection and testing.
4 (f-2) Radiation installations not classified as Class A,
5 B, C, or D shall be inspected according to frequencies
6 established by the Department based upon the associated
7 radiation hazards, as determined by the Department.
8 (g) The Department is authorized to maintain a facility
9 for the purpose of calibrating radiation detection and
10 measurement instruments in accordance with national
11 standards. The Department may make calibration services
12 available to public or private entities within or outside of
13 Illinois and may assess a reasonable fee for such services.
14 (Source: P.A. 90-391, eff. 8-15-97; 91-188, eff. 7-20-99;
15 91-340, eff. 7-29-99; revised 10-13-99.)
16 Section 83. The Humane Care for Animals Act is amended
17 by changing Section 16 as follows;
18 (510 ILCS 70/16) (from Ch. 8, par. 716)
19 Sec. 16. Violations; punishment; injunctions.
20 (a) Any person convicted of violating Sections 5, 5.01,
21 or 6 of this Act or any rule, regulation, or order of the
22 Department pursuant thereto, is guilty of a Class C
23 misdemeanor.
24 (b)(1) This subsection (b) does not apply where the
25 only animals involved in the violation are dogs.
26 (2) Any person convicted of violating subsection
27 (a), (b), (c) or (h) of Section 4.01 of this Act or any
28 rule, regulation, or order of the Department pursuant
29 thereto, is guilty of a Class A misdemeanor.
30 (3) A second or subsequent offense involving the
31 violation of subsection (a), (b) or (c) of Section 4.01
32 of this Act or any rule, regulation, or order of the
-685- LRB9111045EGfg
1 Department pursuant thereto is a Class 4 felony.
2 (4) Any person convicted of violating subsection
3 (d), (e) or (f) of Section 4.01 of this Act or any rule,
4 regulation, or order of the Department pursuant thereto,
5 is guilty of a Class B misdemeanor.
6 (5) Any person convicted of violating subsection
7 (g) of Section 4.01 of this Act or any rule, regulation,
8 or order of the Department pursuant thereto is guilty of
9 a Class C misdemeanor.
10 (c)(1) This subsection (c) applies exclusively
11 where the only animals involved in the violation are
12 dogs.
13 (2) Any person convicted of violating subsection
14 (a), (b) or (c) of Section 4.01 of this Act or any rule,
15 regulation or order of the Department pursuant thereto is
16 guilty of a Class 4 felony and may be fined an amount not
17 to exceed $50,000.
18 (3) Any person convicted of violating subsection
19 (d), (e) or (f) of Section 4.01 of this Act or any rule,
20 regulation or order of the Department pursuant thereto is
21 guilty of Class A misdemeanor, if such person knew or
22 should have known that the device or equipment under
23 subsection (d) or (e) of that Section or the site,
24 structure or facility under subsection (f) of that
25 Section was to be used to carry out a violation where the
26 only animals involved were dogs. Where such person did
27 not know or should not reasonably have been expected to
28 know that the only animals involved in the violation were
29 dogs, the penalty shall be same as that provided for in
30 paragraph (4) of subsection (b).
31 (4) Any person convicted of violating subsection
32 (g) of Section 4.01 of this Act or any rule, regulation
33 or order of the Department pursuant thereto is guilty of
34 a Class C misdemeanor.
-686- LRB9111045EGfg
1 (5) A second or subsequent violation of subsection
2 (a), (b) or (c) of Section 4.01 of this Act or any rule,
3 regulation or order of the Department pursuant thereto is
4 a Class 3 felony. A second or subsequent violation of
5 subsection (d), (e) or (f) of Section 4.01 of this Act or
6 any rule, regulation or order of the Department adopted
7 pursuant thereto is a Class 3 felony, if in each
8 violation the person knew or should have known that the
9 device or equipment under subsection (d) or (e) of that
10 Section or the site, structure or facility under
11 subsection (f) of that Section was to be used to carry
12 out a violation where the only animals involved were
13 dogs. Where such person did not know or should not
14 reasonably have been expected to know that the only
15 animals involved in the violation were dogs, a second or
16 subsequent violation of subsection (d), (e) or (f) of
17 Section 4.01 of this Act or any rule, regulation or order
18 of the Department adopted pursuant thereto is a Class A
19 misdemeanor. A second or subsequent violation of
20 subsection (g) is a Class B misdemeanor.
21 (6) Any person convicted of violating Section 3.01
22 of this Act is guilty of a Class C misdemeanor. A second
23 conviction for a violation of Section 3.01 is a Class B
24 misdemeanor. A third or subsequent conviction for a
25 violation of Section 3.01 is a Class A misdemeanor.
26 (7) Any person convicted of violating Section 4.03
27 is guilty of a Class B misdemeanor.
28 (8) Any person convicted of violating Section 4.04
29 is guilty of a Class A misdemeanor where the animal is
30 not killed or totally disabled, but if the animal is
31 killed or totally disabled such person shall be guilty of
32 a Class 4 felony.
33 (8.5) A person convicted of violating subsection
34 (a) of Section 7.15 is guilty of a Class B misdemeanor.
-687- LRB9111045EGfg
1 A person convicted of violating subsection (b) or (c) of
2 Section 7.15 is (i) guilty of a Class A misdemeanor if
3 the dog is not killed or totally disabled and (ii) if the
4 dog is killed or totally disabled, guilty of a Class 4
5 felony and may be ordered by the court to make
6 restitution to the disabled person having custody or
7 ownership of the dog for veterinary bills and replacement
8 costs of the dog.
9 (9) Any person convicted of violating any other
10 provision of this Act, or any rule, regulation, or order
11 of the Department pursuant thereto, is guilty of a Class
12 C misdemeanor with every day that a violation continues
13 constituting a separate offense.
14 (d) Any person convicted of violating Section 7.1 is
15 guilty of a petty offense. A second or subsequent conviction
16 for a violation of Section 7.1 is a Class C misdemeanor.
17 (e) Any person convicted of violating Section 3.02 is
18 guilty of a Class A misdemeanor. A second or subsequent
19 violation is a Class 4 felony.
20 (f) The Department may enjoin a person from a continuing
21 violation of this Act.
22 (g) Any person convicted of violating Section 3.03 is
23 guilty of a Class 4 felony. A second or subsequent offense
24 is a Class 3 felony. As a condition of the sentence imposed
25 under this Section, the court shall order the offender to
26 undergo a psychological or psychiatric evaluation and to
27 undergo treatment that the court determines to be appropriate
28 after due consideration of the evaluation.
29 (Source: P.A. 90-14, eff. 7-1-97; 90-80, eff. 7-10-97;
30 91-291, eff. 1-1-00; 91-351, eff. 7-29-99; 91-357, eff.
31 7-29-99; revised 8-30-99.)
32 Section 84. The Toll Highway Act is amended by changing
33 Section 20.1 as follows:
-688- LRB9111045EGfg
1 (605 ILCS 10/20.1) (from Ch. 121, par. 100-20.1)
2 Sec. 20.1. (a) The Authority is hereby authorized, by
3 resolution, to provide for the issuance, from time to time,
4 of refunding or advance refunding bonds for the purpose of
5 refunding any bonds then outstanding at maturity or on any
6 redemption date, whether an entire issue or series, or one or
7 more issues or series, or any portions or parts of any issue
8 or series, which shall have been issued by the Authority or
9 its predecessor, the Illinois State Toll Highway Commission.
10 (b) The proceeds of any such refunding bonds may be used
11 for any one or more of the following purposes:
12 (1) To pay the principal amount of any outstanding bonds
13 to be retired at maturity or redeemed prior to maturity;
14 (2) To pay the total amount of any redemption premium
15 incident to redemption of such outstanding bonds to be
16 refunded;
17 (3) To pay the total amount of any interest accrued or
18 to accrue to the date or dates of redemption or maturity of
19 such outstanding bonds to be refunded;
20 (4) To pay any and all costs or expenses incident to
21 such refunding;
22 (5) To make deposits into an irrevocable trust in
23 accordance with subsection (f) of this Section 20.1.
24 Refunding bonds may be issued in amounts sufficient to
25 accomplish any one or more of the foregoing purposes, taking
26 into consideration the income earned on bond proceeds prior
27 to the application thereof or without taking such income into
28 consideration.
29 (c) The issuance of refunding bonds, the maturities and
30 other details thereof, the rights of the holders thereof and
31 the rights, duties and obligations of the Authority in
32 respect of the same shall be governed by the provisions of
33 this Act, insofar as the same may be applicable, and may in
34 harmony therewith be adjusted and modified to conform to the
-689- LRB9111045EGfg
1 facts and circumstances prevailing in each instance of
2 issuance of such refunding bonds. The Authority need not
3 comply with the requirements of any other law applicable to
4 the issuance of bonds other than as set forth in this Act.
5 (d) With reference to the investment of the proceeds of
6 any such refunding bonds, the Authority shall not authorize
7 or anticipate investment earnings exceeding such as are
8 authorized or permitted under prevailing federal laws,
9 regulations and administrative rulings and interpretations
10 relating to arbitrage bonds.
11 (e) The proceeds of any such refunding bonds (together
12 with any other funds available for application to refunding
13 purposes, if so provided or permitted by resolution
14 authorizing the issuance of such refunding bonds, or in a
15 trust indenture securing the same) may be placed in trust to
16 be applied to the purchase, retirement at maturity or
17 redemption of the bonds to be refunded on such dates as may
18 be determined by the Authority. Pending application thereof,
19 the proceeds of such refunding bonds and such other available
20 funds, if any, may be invested in direct obligations of, or
21 obligations the principal of which and any interest on which
22 are unconditionally guaranteed by, the United States of
23 America which shall mature, or which shall be subject to
24 redemption by the holder thereof at its option, not later
25 than the respective date or dates when such proceeds and
26 other available funds, if any, will be required for the
27 refunding purpose intended or authorized.
28 (f) Upon (1) the deposit of the proceeds of the
29 refunding bonds (together with any other funds available for
30 application to refunding purposes, if so provided or
31 permitted by resolution authorizing the issuance of such
32 refunding bonds, or in a trust indenture securing the same)
33 in an irrevocable trust pursuant to a trust agreement with a
34 trustee requiring the trustee to satisfy the obligations of
-690- LRB9111045EGfg
1 the Authority to timely pay at maturity or upon prior
2 redemption the outstanding bonds for which the proceeds of
3 the refunding bonds and other funds, if any, are deposited,
4 in an amount sufficient to satisfy the obligations of the
5 Authority to timely pay at maturity or upon prior redemption
6 such outstanding bonds, or (2) the deposit in such
7 irrevocable trust of direct obligations of, or obligations
8 the principal and interest of which are unconditionally
9 guaranteed by, the United States of America in an amount
10 sufficient, without regard to investment earnings thereon, to
11 satisfy the obligations of the Authority to timely pay at
12 maturity or upon prior redemption such outstanding bonds, or
13 (3) the deposit in such irrevocable trust of obligations
14 referred to in (2) above in an amount sufficient so that,
15 taking into account investment earnings, upon maturity (or
16 upon optional redemption by the trustee) of such obligations
17 amounts will be produced on a timely basis sufficient to
18 satisfy the obligations of the Authority to timely pay at
19 maturity or upon prior redemption such outstanding bonds,
20 such outstanding bonds shall be deemed paid and no longer be
21 deemed to be outstanding for purposes of such resolution or
22 trust indenture and all rights and obligations under any such
23 prior resolution or trust indenture shall be deemed
24 discharged notwithstanding any provision of any such
25 outstanding bonds or any resolution or trust indenture
26 authorizing the issuance of such outstanding bonds; provided,
27 however, that the holders of such outstanding bonds shall
28 have an irrevocable and unconditional right to payment in
29 full of all principal of and premium, if any, and interest on
30 such outstanding bonds, at maturity or upon prior redemption,
31 from the amounts on deposit in such trust. The trustee shall
32 be any trust company or bank in the State of Illinois having
33 the power of a trust company possessing capital and surplus
34 of not less than $100,000,000.
-691- LRB9111045EGfg
1 (g) It is hereby found and determined that the
2 contractual rights of the bondholders under any such prior
3 resolution or trust indenture will not be impaired by a
4 refunding pursuant to the provisions of this Section 20.1 in
5 that, the payment of such outstanding bonds having been
6 provided for as set forth herein, the bondholders' rights and
7 security as to payment of the principal of, premium, if any,
8 and interest on such outstanding bonds will have been
9 enhanced, and the bondholders shall suffer no financial loss.
10 It is hereby further found and determined that a refunding of
11 any outstanding bonds of the Authority pursuant to this
12 Section 20.1 shall further the purposes set forth in Section
13 1..
14 (Source: P.A. 83-1258; revised 1-11-00.)
15 Section 85. The Illinois Vehicle Code is amended by
16 changing Sections 2-119, 3-100, 3-818, 3-821, and 12-201 as
17 follows:
18 (625 ILCS 5/2-119) (from Ch. 95 1/2, par. 2-119)
19 Sec. 2-119. Disposition of fees and taxes.
20 (a) All moneys received from Salvage Certificates shall
21 be deposited in the Common School Fund in the State Treasury.
22 (b) Beginning January 1, 1990 and concluding December
23 31, 1994, of the money collected for each certificate of
24 title, duplicate certificate of title and corrected
25 certificate of title, $0.50 shall be deposited into the Used
26 Tire Management Fund. Beginning January 1, 1990 and
27 concluding December 31, 1994, of the money collected for each
28 certificate of title, duplicate certificate of title and
29 corrected certificate of title, $1.50 shall be deposited in
30 the Park and Conservation Fund.
31 Beginning January 1, 1995, of the money collected for
32 each certificate of title, duplicate certificate of title and
33 corrected certificate of title, $2 shall be deposited in the
-692- LRB9111045EGfg
1 Park and Conservation Fund. The moneys deposited in the Park
2 and Conservation Fund pursuant to this Section shall be used
3 for the acquisition and development of bike paths as provided
4 for in Section 805-420 of the Department of Natural Resources
5 (Conservation) Law (20 ILCS 805/805-420).
6 Beginning January 1, 2000 and continuing through December
7 31, 2004, of the moneys collected for each certificate of
8 title, duplicate certificate of title, and corrected
9 certificate of title, $48 shall be deposited into the Road
10 Fund and $4 shall be deposited into the Motor Vehicle License
11 Plate Fund, except that if the balance in the Motor Vehicle
12 License Plate Fund exceeds $40,000,000 on the last day of a
13 calendar month, then during the next calendar month the $4
14 shall instead be deposited into the Road Fund.
15 Beginning January 1, 2005, of the moneys collected for
16 each certificate of title, duplicate certificate of title,
17 and corrected certificate of title, $52 shall be deposited
18 into the Road Fund.
19 Except as otherwise provided in this Code, all remaining
20 moneys collected for certificates of title, and all moneys
21 collected for filing of security interests, shall be placed
22 in the General Revenue Fund in the State Treasury.
23 (c) All moneys collected for that portion of a driver's
24 license fee designated for driver education under Section
25 6-118 shall be placed in the Driver Education Fund in the
26 State Treasury.
27 (d) Beginning January 1, 1999, of the monies collected
28 as a registration fee for each motorcycle, motor driven cycle
29 and motorized pedalcycle, 27% of each annual registration fee
30 for such vehicle and 27% of each semiannual registration fee
31 for such vehicle is deposited in the Cycle Rider Safety
32 Training Fund.
33 (e) Of the monies received by the Secretary of State as
34 registration fees or taxes or as payment of any other fee, as
-693- LRB9111045EGfg
1 provided in this Act, except fees received by the Secretary
2 under paragraph (7) of subsection (b) of Section 5-101 and
3 Section 5-109 of this Code, 37% shall be deposited into the
4 State Construction Fund.
5 (f) Of the total money collected for a CDL instruction
6 permit or original or renewal issuance of a commercial
7 driver's license (CDL) pursuant to the Uniform Commercial
8 Driver's License Act (UCDLA): (i) $6 of the total fee for an
9 original or renewal CDL, and $6 of the total CDL instruction
10 permit fee when such permit is issued to any person holding a
11 valid Illinois driver's license, shall be paid into the
12 CDLIS/AAMVAnet Trust Fund (Commercial Driver's License
13 Information System/American Association of Motor Vehicle
14 Administrators network Trust Fund) and shall be used for the
15 purposes provided in Section 6z-23 of the State Finance Act
16 and (ii) $20 of the total fee for an original or renewal CDL
17 or commercial driver instruction permit shall be paid into
18 the Motor Carrier Safety Inspection Fund, which is hereby
19 created as a special fund in the State Treasury, to be used
20 by the Department of State Police, subject to appropriation,
21 to hire additional officers to conduct motor carrier safety
22 inspections pursuant to Chapter 18b of this Code.
23 (g) All remaining moneys received by the Secretary of
24 State as registration fees or taxes or as payment of any
25 other fee, as provided in this Act, except fees received by
26 the Secretary under paragraph (7) of subsection (b) of
27 Section 5-101 and Section 5-109 of this Code, shall be
28 deposited in the Road Fund in the State Treasury. Moneys in
29 the Road Fund shall be used for the purposes provided in
30 Section 8.3 of the State Finance Act.
31 (h) (Blank).
32 (i) (Blank).
33 (j) (Blank).
34 (k) There is created in the State Treasury a special
-694- LRB9111045EGfg
1 fund to be known as the Secretary of State Special License
2 Plate Fund. Money deposited into the Fund shall, subject to
3 appropriation, be used by the Office of the Secretary of
4 State (i) to help defray plate manufacturing and plate
5 processing costs for the issuance and, when applicable,
6 renewal of any new or existing special registration plates
7 authorized under this Code and (ii) for grants made by the
8 Secretary of State to benefit Illinois Veterans Home
9 libraries.
10 On or before October 1, 1995, the Secretary of State
11 shall direct the State Comptroller and State Treasurer to
12 transfer any unexpended balance in the Special Environmental
13 License Plate Fund, the Special Korean War Veteran License
14 Plate Fund, and the Retired Congressional License Plate Fund
15 to the Secretary of State Special License Plate Fund.
16 (l) The Motor Vehicle Review Board Fund is created as a
17 special fund in the State Treasury. Moneys deposited into
18 the Fund under paragraph (7) of subsection (b) of Section
19 5-101 and Section 5-109 shall, subject to appropriation, be
20 used by the Office of the Secretary of State to administer
21 the Motor Vehicle Review Board, including without limitation
22 payment of compensation and all necessary expenses incurred
23 in administering the Motor Vehicle Review Board under the
24 Motor Vehicle Franchise Act.
25 (m) Effective July 1, 1996, there is created in the
26 State Treasury a special fund to be known as the Family
27 Responsibility Fund. Moneys deposited into the Fund shall,
28 subject to appropriation, be used by the Office of the
29 Secretary of State for the purpose of enforcing the Family
30 Financial Responsibility Law.
31 (n) The Illinois Fire Fighters' Memorial Fund is created
32 as a special fund in the State Treasury. Moneys deposited
33 into the Fund shall, subject to appropriation, be used by the
34 Office of the State Fire Marshal for construction of the
-695- LRB9111045EGfg
1 Illinois Fire Fighters' Memorial to be located at the State
2 Capitol grounds in Springfield, Illinois. Upon the
3 completion of the Memorial, the Office of the State Fire
4 Marshal shall certify to the State Treasurer that
5 construction of the Memorial has been completed.
6 (o) Of the money collected for each certificate of title
7 for all-terrain vehicles and off-highway motorcycles, $17
8 shall be deposited into the Off-Highway Vehicle Trails Fund.
9 (Source: P.A. 90-14, eff. 7-1-97; 90-287, eff. 1-1-98;
10 90-622, eff. 1-1-99; 91-37, eff. 7-1-99; 91-239, eff. 1-1-00;
11 91-537, eff. 8-13-99; revised 10-25-99.)
12 (625 ILCS 5/3-100) (from Ch. 95 1/2, par. 3-100)
13 Sec. 3-100. Definitions. Definition. For the purposes of
14 this Chapter, the following words shall have the meanings
15 ascribed to them:
16 "Application" means an actual paper document or an
17 electronically filed document as designed or prescribed by
18 the Secretary of State.
19 "Owner" means a person who holds legal document of
20 ownership of a vehicle, limited to a certificate of origin,
21 certificate of title, salvage certificate, or junking
22 certificate. However, in the event a vehicle is the subject
23 of an agreement for the conditional sale or lease thereof
24 with the right of purchase upon performance of the conditions
25 stated in the agreement and with an immediate right of
26 possession vested in the conditional vendee or lessee, or in
27 the event a mortgagor of such vehicle is entitled to
28 possession, then such conditional vendee or lessee or
29 mortgagor shall be deemed the owner for the purpose of this
30 Chapter, except as provided under paragraph (c) of Section
31 3-118.
32 (Source: P.A. 91-79, eff. 1-1-00; 91-357, eff. 7-29-99;
33 revised 8-30-99.)
-696- LRB9111045EGfg
1 (625 ILCS 5/3-818) (from Ch. 95 1/2, par. 3-818)
2 Sec. 3-818. (a) Mileage weight tax option. Any owner of
3 a vehicle of the second division may elect to pay a mileage
4 weight tax for such vehicle in lieu of the flat weight tax
5 set out in Section 3-815. Such election shall be binding to
6 the end of the registration year. Renewal of this election
7 must be filed with the Secretary of State on or before July 1
8 of each registration period. In such event the owner shall,
9 at the time of making such election, pay the $10 registration
10 fee and the minimum guaranteed mileage weight tax, as
11 hereinafter provided, which payment shall permit the owner to
12 operate that vehicle the maximum mileage in this State
13 hereinafter set forth. Any vehicle being operated on mileage
14 plates cannot be operated outside of this State. In addition
15 thereto, the owner of that vehicle shall pay a mileage weight
16 tax at the following rates for each mile traveled in this
17 State in excess of the maximum mileage provided under the
18 minimum guaranteed basis:
19 BUS, TRUCK OR TRUCK TRACTOR
20 Maximum Mileage
21 Minimum Mileage Weight Tax
22 Guaranteed Permitted for Mileage
23 Gross Weight Mileage Under in excess of
24 Vehicle and Weight Guaranteed Guaranteed
25 Load Class Tax Tax Mileage
26 12,000 lbs. or less MD $73 5,000 26 Mills
27 12,001 to 16,000 lbs. MF 120 6,000 34 Mills
28 16,001 to 20,000 lbs. MG 180 6,000 46 Mills
29 20,001 to 24,000 lbs. MH 235 6,000 63 Mills
30 24,001 to 28,000 lbs. MJ 315 7,000 63 Mills
31 28,001 to 32,000 lbs. MK 385 7,000 83 Mills
32 32,001 to 36,000 lbs. ML 485 7,000 99 Mills
33 36,001 to 40,000 lbs. MN 615 7,000 128 Mills
34 40,001 to 45,000 lbs. MP 695 7,000 139 Mills
-697- LRB9111045EGfg
1 45,001 to 54,999 lbs. MR 853 7,000 156 Mills
2 55,000 to 59,500 lbs. MS 920 7,000 178 Mills
3 59,501 to 64,000 lbs. MT 985 7,000 195 Mills
4 64,001 to 73,280 lbs. MV 1,173 7,000 225 Mills
5 73,281 to 77,000 lbs. MX 1,328 7,000 258 Mills
6 77,001 to 80,000 lbs. MZ 1,415 7,000 275 Mills
7 TRAILER
8 Maximum Mileage
9 Minimum Mileage Weight Tax
10 Guaranteed Permitted for Mileage
11 Gross Weight Mileage Under in excess of
12 Vehicle and Weight Guaranteed Guaranteed
13 Load Class Tax Tax Mileage
14 14,000 lbs. or less ME $75 5,000 31 Mills
15 14,001 to 20,000 lbs. MF 135 6,000 36 Mills
16 20,001 to 36,000 lbs. ML 540 7,000 103 Mills
17 36,001 to 40,000 lbs. MM 750 7,000 150 Mills
18 (a-1) A Special Hauling Vehicle is a vehicle or
19 combination of vehicles of the second division registered
20 under Section 3-813 transporting asphalt or concrete in the
21 plastic state or a vehicle or combination of vehicles that
22 are subject to the gross weight limitations in subsection (b)
23 of Section 15-111 for which the owner of the vehicle or
24 combination of vehicles has elected to pay, in addition to
25 the registration fee in subsection (a), $125 to the Secretary
26 of State for each registration year. The Secretary shall
27 designate this class of vehicle as a Special Hauling Vehicle.
28 In preparing rate schedules on registration applications,
29 the Secretary of State shall add to the above rates, the $10
30 registration fee. The Secretary may decline to accept any
31 renewal filed after July 1st.
32 The number of axles necessary to carry the maximum load
33 provided shall be determined from Chapter 15 of this Code.
34 Every owner of a second division motor vehicle for which
-698- LRB9111045EGfg
1 he has elected to pay a mileage weight tax shall keep a daily
2 record upon forms prescribed by the Secretary of State,
3 showing the mileage covered by that vehicle in this State.
4 Such record shall contain the license number of the vehicle
5 and the miles traveled by the vehicle in this State for each
6 day of the calendar month. Such owner shall also maintain
7 records of fuel consumed by each such motor vehicle and fuel
8 purchases therefor. On or before the 10th day of January and
9 July the owner shall certify to the Secretary of State upon
10 forms prescribed therefor, summaries of his daily records
11 which shall show the miles traveled by the vehicle in this
12 State during the preceding 6 months and such other
13 information as the Secretary of State may require. The daily
14 record and fuel records shall be filed, preserved and
15 available for audit for a period of 3 years. Any owner filing
16 a return hereunder shall certify that such return is a true,
17 correct and complete return. Any person who willfully makes a
18 false return hereunder is guilty of perjury and shall be
19 punished in the same manner and to the same extent as is
20 provided therefor.
21 At the time of filing his return, each owner shall pay to
22 the Secretary of State the proper amount of tax at the rate
23 herein imposed.
24 Every owner of a vehicle of the second division who
25 elects to pay on a mileage weight tax basis and who operates
26 the vehicle within this State, shall file with the Secretary
27 of State a bond in the amount of $500. The bond shall be in
28 a form approved by the Secretary of State and with a surety
29 company approved by the Illinois Department of Insurance to
30 transact business in this State as surety, and shall be
31 conditioned upon such applicant's paying to the State of
32 Illinois all money becoming due by reason of the operation of
33 the second division vehicle in this State, together with all
34 penalties and interest thereon.
-699- LRB9111045EGfg
1 Upon notice from the Secretary that the registrant has
2 failed to pay the excess mileage fees, the surety shall
3 immediately pay the fees together with any penalties and
4 interest thereon in an amount not to exceed the limits of the
5 bond.
6 (Source: P.A. 91-37, eff. 7-1-99; 91-499, eff. 8-13-99;
7 revised 10-26-99.)
8 (625 ILCS 5/3-821) (from Ch. 95 1/2, par. 3-821)
9 Sec. 3-821. Miscellaneous Registration and Title Fees.
10 (a) The fee to be paid to the Secretary of State for the
11 following certificates, registrations or evidences of proper
12 registration, or for corrected or duplicate documents shall
13 be in accordance with the following schedule:
14 Certificate of Title, except for an all-terrain
15 vehicle or off-highway motorcycle $65
16 Certificate of Title for an all-terrain vehicle
17 or off-highway motorcycle $30
18 Certificate of Title for an all-terrain vehicle
19 or off-highway motorcycle used for production
20 agriculture, or accepted by a dealer in trade 13
21 Transfer of Registration or any evidence of
22 proper registration 15
23 Duplicate Registration Card for plates or other
24 evidence of proper registration 3
25 Duplicate Registration Sticker or Stickers, each 5
26 Duplicate Certificate of Title 65
27 Corrected Registration Card or Card for other
28 evidence of proper registration 3
29 Corrected Certificate of Title 65
30 Salvage Certificate 4
31 Fleet Reciprocity Permit 15
32 Prorate Decal 1
33 Prorate Backing Plate 3
-700- LRB9111045EGfg
1 There shall be no fee paid for a Junking Certificate.
2 (b) The Secretary may prescribe the maximum service
3 charge to be imposed upon an applicant for renewal of a
4 registration by any person authorized by law to receive and
5 remit or transmit to the Secretary such renewal application
6 and fees therewith.
7 (c) If a check is delivered to the Office of the
8 Secretary of State as payment of any fee or tax under this
9 Code, and such check is not honored by the bank on which it
10 is drawn for any reason, the registrant or other person
11 tendering the check remains liable for the payment of such
12 fee or tax. The Secretary of State may assess a service
13 charge of $19 in addition to the fee or tax due and owing for
14 all dishonored checks.
15 If the total amount then due and owing exceeds the sum
16 of $50 and has not been paid in full within 60 days from the
17 date such fee or tax became due to the Secretary of State,
18 the Secretary of State shall assess a penalty of 25% of such
19 amount remaining unpaid.
20 All amounts payable under this Section shall be computed
21 to the nearest dollar.
22 (d) The minimum fee and tax to be paid by any applicant
23 for apportionment of a fleet of vehicles under this Code
24 shall be $15 if the application was filed on or before the
25 date specified by the Secretary together with fees and taxes
26 due. If an application and the fees or taxes due are filed
27 after the date specified by the Secretary, the Secretary may
28 prescribe the payment of interest at the rate of 1/2 of 1%
29 per month or fraction thereof after such due date and a
30 minimum of $8.
31 (e) Trucks, truck tractors, truck tractors with loads,
32 and motor buses, any one of which having a combined total
33 weight in excess of 12,000 lbs. shall file an application for
34 a Fleet Reciprocity Permit issued by the Secretary of State.
-701- LRB9111045EGfg
1 This permit shall be in the possession of any driver
2 operating a vehicle on Illinois highways. Any foreign
3 licensed vehicle of the second division operating at any time
4 in Illinois without a Fleet Reciprocity Permit or other
5 proper Illinois registration, shall subject the operator to
6 the penalties provided in Section 3-834 of this Code. For
7 the purposes of this Code, "Fleet Reciprocity Permit" means
8 any second division motor vehicle with a foreign license and
9 used only in interstate transportation of goods. The fee for
10 such permit shall be $15 per fleet which shall include all
11 vehicles of the fleet being registered.
12 (f) For purposes of this Section, "all-terrain vehicle
13 or off-highway motorcycle used for production agriculture"
14 means any all-terrain vehicle or off-highway motorcycle used
15 in the raising of or the propagation of livestock, crops for
16 sale for human consumption, crops for livestock consumption,
17 and production seed stock grown for the propagation of feed
18 grains and the husbandry of animals or for the purpose of
19 providing a food product, including the husbandry of blood
20 stock as a main source of providing a food product.
21 "All-terrain vehicle or off-highway motorcycle used in
22 production agriculture" also means any all-terrain vehicle or
23 off-highway motorcycle used in animal husbandry,
24 floriculture, aquaculture, horticulture, and viticulture.
25 (Source: P.A. 90-287, eff. 1-1-98; 90-774, eff. 8-14-98;
26 91-37, eff. 7-1-99; 91-441, eff. 1-1-00; revised 10-19-99.)
27 (625 ILCS 5/12-201) (from Ch. 95 1/2, par. 12-201)
28 Sec. 12-201. When lighted lamps are required.
29 (a) When operated upon any highway in this State, every
30 motorcycle shall at all times exhibit at least one lighted
31 lamp, showing a white light visible for at least 500 feet in
32 the direction the motorcycle is proceeding. However, in lieu
33 of such lighted lamp, a motorcycle may be equipped with and
-702- LRB9111045EGfg
1 use a means of modulating the upper beam of the head lamp
2 between high and a lower brightness. No such head lamp shall
3 be modulated, except to otherwise comply with this Code,
4 during times when lighted lamps are required for other motor
5 vehicles.
6 (b) All other motor vehicles shall exhibit at least 2
7 lighted head lamps, with at least one on each side of the
8 front of the vehicle, which satisfy United States Department
9 of Transportation requirements, showing white lights,
10 including that emitted by high intensity discharge (HID)
11 lamps, or lights of a yellow or amber tint, during the period
12 from sunset to sunrise, at times when rain, snow, fog, or
13 other atmospheric conditions require the use of windshield
14 wipers, and at any other times when, due to insufficient
15 light or unfavorable atmospheric conditions, persons and
16 vehicles on the highway are not clearly discernible at a
17 distance of 1000 feet. Parking lamps may be used in addition
18 to but not in lieu of such head lamps. Every motor vehicle,
19 trailer, or semi-trailer shall also exhibit at least 2
20 lighted lamps, commonly known as tail lamps, which shall be
21 mounted on the left rear and right rear of the vehicle so as
22 to throw a red light visible for at least 500 feet in the
23 reverse direction, except that a truck tractor or road
24 tractor manufactured before January 1, 1968 and all
25 motorcycles need be equipped with only one such tail lamp.
26 (c) Either a tail lamp or a separate lamp shall be so
27 constructed and placed as to illuminate with a white light a
28 rear registration plate when required and render it clearly
29 legible from a distance of 50 feet to the rear. Any tail lamp
30 or tail lamps, together with any separate lamp or lamps for
31 illuminating a rear registration plate, shall be so wired as
32 to be lighted whenever the head lamps or auxiliary driving
33 lamps are lighted.
34 (d) A person shall install only head lamps that satisfy
-703- LRB9111045EGfg
1 United States Department of Transportation regulations and
2 show white light, including that emitted by HID lamps, or
3 light of a yellow or amber tint for use by a motor vehicle.
4 (Source: P.A. 91-130, eff. 1-1-00; 91-135, eff. 1-1-00;
5 revised 10-8-99.)
6 Section 86. The Clerks of Courts Act is amended by
7 changing Sections 27.1, 27.1a, 27.2, and 27.2a as follows:
8 (705 ILCS 105/27.1) (from Ch. 25, par. 27.1)
9 Sec. 27.1. The fees of the Clerk of the Circuit Court in
10 all counties having a population of 180,000 inhabitants or
11 less shall be paid in advance, except as otherwise provided,
12 and shall be as follows:
13 (a) Civil Cases.
14 (1) All civil cases except as otherwise
15 provided........................................... $40
16 (2) Judicial Sales (except Probate).......... $40
17 (b) Family.
18 (1) Commitment petitions under the Mental
19 Health and Developmental Disabilities Code, filing
20 transcript of commitment proceedings held in
21 another county, and cases under the Juvenile Court
22 Act of 1987........................................ $25
23 (2) Petition for Marriage Licenses........... $10
24 (3) Marriages in Court....................... $10
25 (4) Paternity................................ $40
26 (c) Criminal and Quasi-Criminal.
27 (1) Each person convicted of a felony........ $40
28 (2) Each person convicted of a misdemeanor,
29 leaving scene of an accident, driving while
30 intoxicated, reckless driving or drag racing,
31 driving when license revoked or suspended,
32 overweight, or no interstate commerce certificate,
-704- LRB9111045EGfg
1 or when the disposition is court supervision....... $25
2 (3) Each person convicted of a business
3 offense............................................ $25
4 (4) Each person convicted of a petty offense. $25
5 (5) Minor traffic, conservation, or
6 ordinance violation, including
7 without limitation when the disposition is
8 court supervision:
9 (i) For each offense.................... $10
10 (ii) For each notice sent to the
11 defendant's last known address pursuant to
12 subsection (c) of Section 6-306.4 of the Illinois
13 Vehicle Code....................................... $2
14 (iii) For each notice sent to the
15 Secretary of State pursuant to subsection (c) of
16 Section 6-306.4 of the Illinois Vehicle Code....... $2
17 (6) When Court Appearance required........... $15
18 (7) Motions to vacate or amend final orders.. $10
19 (8) In ordinance violation cases punishable
20 by fine only, the clerk of the circuit court shall
21 be entitled to receive, unless the fee is excused
22 upon a finding by the court that the defendant is
23 indigent, in addition to other fees or costs
24 allowed or imposed by law, the sum of $62.50 as a
25 fee for the services of a jury. The jury fee shall
26 be paid by the defendant at the time of filing his
27 or her jury demand. If the fee is not so paid by
28 the defendant, no jury shall be called, and the
29 case shall be tried by the court without a jury.
30 (d) Other Civil Cases.
31 (1) Money or personal property claimed does
32 not exceed $500.................................... $10
33 (2) Exceeds $500 but not more than $10,000... $25
34 (3) Exceeds $10,000, when relief in addition
-705- LRB9111045EGfg
1 to or supplemental to recovery of money alone is
2 sought in an action to recover personal property
3 taxes or retailers occupational tax regardless of
4 amount claimed..................................... $45
5 (4) The Clerk of the Circuit Court shall be
6 entitled to receive, in addition to other fees
7 allowed by law, the sum of $62.50, as a fee for the
8 services of a jury in every civil action not
9 quasi-criminal in its nature and not a proceeding
10 for the exercise of the right of eminent domain,
11 and in every equitable action wherein the right of
12 trial by jury is or may be given by law. The jury
13 fee shall be paid by the party demanding a jury at
14 the time of filing his jury demand. If such a fee
15 is not paid by either party, no jury shall be
16 called in the action, suit, or proceeding, and the
17 same shall be tried by the court without a jury.
18 (e) Confession of judgment and answer.
19 (1) When the amount does not exceed $1,000... $20
20 (2) Exceeds $1,000........................... $40
21 (f) Auxiliary Proceedings.
22 Any auxiliary proceeding relating to the
23 collection of a money judgment, including
24 garnishment, citation, or wage deduction action.... $5
25 (g) Forcible entry and detainer.
26 (1) For possession only or possession and
27 rent not in excess of $10,000...................... $10
28 (2) For possession and rent in excess of
29 $10,000............................................ $40
30 (h) Eminent Domain.
31 (1) Exercise of Eminent Domain............... $45
32 (2) For each and every lot or tract of land
33 or right or interest therein subject to be
34 condemned, the damages in respect to which shall
-706- LRB9111045EGfg
1 require separate assessments by a jury............. $45
2 (i) Reinstatement.
3 Each case including petition for modification
4 of a judgment or order of Court if filed later than
5 30 days after the entry of a judgment or order,
6 except in forcible entry and detainer cases and
7 small claims and except a petition to modify,
8 terminate, or enforce a judgement or order for
9 child or spousal support or to modify, suspend, or
10 terminate an order for withholding, petition to
11 vacate judgment of dismissal for want of
12 prosecution whenever filed, petition to reopen an
13 estate, or redocketing of any cause................ $20
14 (j) Probate.
15 (1) Administration of decedent's estates,
16 whether testate or intestate, guardianships of the
17 person or estate or both of a person under legal
18 disability, guardianships of the person or estate
19 or both of a minor or minors, or petitions to sell
20 real estate in the administration of any estate.... $50
21 (2) Small estates in cases where the real and
22 personal property of an estate does not exceed
23 $5,000............................................. $25
24 (3) At any time during the administration of
25 the estate, however, at the request of the Clerk,
26 the Court shall examine the record of the estate
27 and the personal representative to determine the
28 total value of the real and personal property of
29 the estate, and if such value exceeds $5,000 shall
30 order the payment of an additional fee in the
31 amount of.......................................... $40
32 (4) Inheritance tax proceedings.............. $15
33 (5) Issuing letters only for a certain
34 specific reason other than the administration of an
-707- LRB9111045EGfg
1 estate, including but not limited to the release of
2 mortgage; the issue of letters of guardianship in
3 order that consent to marriage may be granted or
4 for some other specific reason other than for the
5 care of property or person; proof of heirship
6 without administration; or when a will is to be
7 admitted to probate, but the estate is to be
8 settled without administration..................... $10
9 (6) When a separate complaint relating to any
10 matter other than a routine claim is filed in an
11 estate, the required additional fee shall be
12 charged for such filing............................ $45
13 (k) Change of Venue.
14 From a court, the charge is the same amount as
15 the original filing fee; however, the fee for
16 preparation and certification of record on change
17 of venue, when original documents or copies are
18 forwarded.......................................... $10
19 (l) Answer, adverse pleading, or appearance.
20 In civil cases................................ $15
21 With the following exceptions:
22 (1) When the amount does not exceed $500..... $5
23 (2) When amount exceeds $500 but not $10,000. $10
24 (3) When amount exceeds $10,000.............. $15
25 (4) Court appeals when documents are
26 forwarded, over 200 pages, additional fee per page
27 over 200........................................... 10¢
28 (m) Tax objection complaints.
29 For each tax objection complaint containing
30 one or more tax objections, regardless of the
31 number of parcels involved or the number of
32 taxpayers joining the complaint.................... $10
33 (n) Tax deed.
34 (1) Petition for tax deed, if only one parcel
-708- LRB9111045EGfg
1 is involved........................................ $45
2 (2) For each additional parcel involved, an
3 additional fee of.................................. $10
4 (o) Mailing Notices and Processes.
5 (1) All notices that the clerk is required to
6 mail as first class mail........................... $2
7 (2) For all processes or notices the Clerk is
8 required to mail by certified or registered mail,
9 the fee will be $2 plus cost of postage.
10 (p) Certification or Authentication.
11 (1) Each certification or authentication for
12 taking the acknowledgement of a deed or other
13 instrument in writing with seal of office.......... $2
14 (2) Court appeals when original documents are
15 forwarded, 100 pages or under, plus delivery costs. $25
16 (3) Court appeals when original documents are
17 forwarded, over 100 pages, plus delivery costs..... $60
18 (4) Court appeals when original documents are
19 forwarded, over 200 pages, additional fee per page
20 over 200........................................... 10¢
21 (q) Reproductions.
22 Each record of proceedings and judgment,
23 whether on appeal, change of venue, certified
24 copies of orders and judgments, and all other
25 instruments, documents, records, or papers:
26 (1) First page.......................... $1
27 (2) Next 19 pages, per page............. 50¢
28 (3) All remaining pages, per page....... 25¢
29 (r) Counterclaim.
30 When any defendant files a counterclaim as
31 part of his or her answer or otherwise, or joins
32 another party as a third party defendant, or both,
33 he or she shall pay a fee for each such
34 counterclaim or third party action in an amount
-709- LRB9111045EGfg
1 equal to the fee he or she would have had to pay
2 had he or she brought a separate action for the
3 relief sought in the counterclaim or against the
4 third party defendant, less the amount of the
5 appearance fee, if that has been paid.
6 (s) Transcript of Judgment.
7 From a court, the same fee as if case
8 originally filed.
9 (t) Publications.
10 The cost of publication shall be paid directly
11 to the publisher by the person seeking the
12 publication, whether the clerk is required by law
13 to publish, or the parties to the action.
14 (u) Collections.
15 (1) For all collections made for others,
16 except the State and County and except in
17 maintenance or child support cases, a sum equal to
18 2% of the amount collected and turned over.
19 (2) In any cases remanded to the Circuit
20 Court from the Supreme Court or the Appellate
21 Court, the Clerk shall file the remanding order and
22 reinstate the case with either its original number
23 or a new number. The Clerk shall not charge any
24 new or additional fee for the reinstatement. Upon
25 reinstatement the Clerk shall advise the parties of
26 the reinstatement. A party shall have the same
27 right to a jury trial on remand and reinstatement
28 as he or she had before the appeal, and no
29 additional or new fee or charge shall be made for a
30 jury trial after remand.
31 (3) In maintenance and child support matters,
32 the Clerk may deduct from each payment an amount
33 equal to the United States postage to be used in
34 mailing the maintenance or child support check to
-710- LRB9111045EGfg
1 the recipient. In such cases, the Clerk shall
2 collect an annual fee of up to $36 from the person
3 making such payment for maintaining child support
4 records and the processing of support orders to the
5 State of Illinois KIDS system and the recording of
6 payments issued by the State Disbursement Unit for
7 the official record of the Court. Such sum shall be
8 in addition to and separate from amounts ordered to
9 be paid as maintenance or child support and shall
10 be deposited in a separate Maintenance and Child
11 Support Collection Fund of which the Clerk shall be
12 the custodian, ex officio, to be used by the Clerk
13 to maintain child support orders and record all
14 payments issued by the State Disbursement Unit for
15 the official record of the Court. Unless paid in
16 cash or pursuant to an order for withholding, the
17 payment of the fee shall be by a separate
18 instrument from the support payment and shall be
19 made to the order of the Clerk. The Clerk may
20 recover from the person making the maintenance or
21 child support payment any additional cost incurred
22 in the collection of this annual fee.
23 (4) Interest earned on any funds held by the
24 clerk shall be turned over to the county general
25 fund as an earning of the office.
26 The Clerk shall also be entitled to a fee of
27 $5 for certifications made to the Secretary of
28 State as provided in Section 7-703 of the Family
29 Financial Responsibility Law and these fees shall
30 also be deposited into the Separate Maintenance and
31 Child Support Collection Fund.
32 (v) Correction of Cases.
33 For correcting the case number or case title
34 on any document filed in his office, to be charged
-711- LRB9111045EGfg
1 against the party that filed the document.......... $10
2 (w) Record Search.
3 For searching a record, per year searched..... $4
4 (x) Printed Output.
5 For each page of hard copy print output, when
6 case records are maintained on an automated medium. $2
7 (y) Alias Summons.
8 For each alias summons issued................. $2
9 (z) Expungement of Records.
10 For each expungement petition filed........... $15
11 (aa) Other Fees.
12 Any fees not covered by this Section shall be set by
13 rule or administrative order of the Circuit Court, with
14 the approval of the Supreme Court.
15 (bb) Exemptions.
16 No fee provided for herein shall be charged to any
17 unit of State or local government or school district
18 unless the Court orders another party to pay such fee on
19 its behalf. The fee requirements of this Section shall
20 not apply to police departments or other law enforcement
21 agencies. In this Section, "law enforcement agency"
22 means an agency of the State or a unit of local
23 government that is vested by law or ordinance with the
24 duty to maintain public order and to enforce criminal
25 laws and ordinances. The fee requirements of this Section
26 shall not apply to any action instituted under subsection
27 (b) of Section 11-31-1 of the Illinois Municipal Code by
28 a private owner or tenant of real property within 1200
29 feet of a dangerous or unsafe building seeking an order
30 compelling the owner or owners of the building to take
31 any of the actions authorized under that subsection.
32 (cc) Adoptions.
33 (1) For an adoption.............................$65
34 (2) Upon good cause shown, the court may waive the
-712- LRB9111045EGfg
1 adoption filing fee in a special needs adoption. The
2 term "special needs adoption" shall have the meaning
3 ascribed to it by the Illinois Department of Children and
4 Family Services.
5 (dd) Adoption exemptions.
6 No fee other than that set forth in subsection (cc)
7 shall be charged to any person in connection with an
8 adoption proceeding.
9 (ee) Additional Services.
10 Beginning July 1, 1993, the clerk of the circuit
11 court may provide such additional services for which
12 there is no fee specified by statute in connection with
13 the operation of the clerk's office as may be requested
14 by the public and agreed to by the public and by the
15 clerk and approved by the chief judge of the circuit
16 court. Any charges for additional services shall be as
17 agreed to between the clerk and the party making the
18 request and approved by the chief judge of the circuit
19 court. Nothing in this subsection shall be construed to
20 require any clerk to provide any service not otherwise
21 required by law.
22 (Source: P.A. 90-466, eff. 8-17-97; 90-796, eff. 12-15-98;
23 91-165, eff. 7-16-99; 91-321, eff. 1-1-00; 91-357, eff.
24 7-29-99; 91-612, eff. 10-1-99; revised 10-26-99.)
25 (705 ILCS 105/27.1a) (from Ch. 25, par. 27.1a)
26 Sec. 27.1a. The fees of the clerks of the circuit court
27 in all counties having a population in excess of 180,000 but
28 not more than 650,000 inhabitants in the instances described
29 in this Section shall be as provided in this Section. The
30 fees shall be paid in advance and shall be as follows:
31 (a) Civil Cases.
32 The fee for filing a complaint, petition, or other
33 pleading initiating a civil action, with the following
-713- LRB9111045EGfg
1 exceptions, shall be $150.
2 (A) When the amount of money or damages or the
3 value of personal property claimed does not exceed
4 $250, $10.
5 (B) When that amount exceeds $250 but does not
6 exceed $500, $20.
7 (C) When that amount exceeds $500 but does not
8 exceed $2500, $30.
9 (D) When that amount exceeds $2500 but does
10 not exceed $15,000, $75.
11 (E) For the exercise of eminent domain, $150.
12 For each additional lot or tract of land or right or
13 interest therein subject to be condemned, the
14 damages in respect to which shall require separate
15 assessment by a jury, $150.
16 (a-1) Family.
17 For filing a petition under the Juvenile Court Act
18 of 1987, $25.
19 For filing a petition for a marriage license, $10.
20 For performing a marriage in court, $10.
21 For filing a petition under the Illinois Parentage
22 Act of 1984, $40.
23 (b) Forcible Entry and Detainer.
24 In each forcible entry and detainer case when the
25 plaintiff seeks possession only or unites with his or her
26 claim for possession of the property a claim for rent or
27 damages or both in the amount of $15,000 or less, $40.
28 When the plaintiff unites his or her claim for possession
29 with a claim for rent or damages or both exceeding
30 $15,000, $150.
31 (c) Counterclaim or Joining Third Party Defendant.
32 When any defendant files a counterclaim as part of
33 his or her answer or otherwise or joins another party as
34 a third party defendant, or both, the defendant shall pay
-714- LRB9111045EGfg
1 a fee for each counterclaim or third party action in an
2 amount equal to the fee he or she would have had to pay
3 had he or she brought a separate action for the relief
4 sought in the counterclaim or against the third party
5 defendant, less the amount of the appearance fee, if that
6 has been paid.
7 (d) Confession of Judgment.
8 In a confession of judgment when the amount does not
9 exceed $1500, $50. When the amount exceeds $1500, but
10 does not exceed $15,000, $115. When the amount exceeds
11 $15,000, $200.
12 (e) Appearance.
13 The fee for filing an appearance in each civil case
14 shall be $50, except as follows:
15 (A) When the plaintiff in a forcible entry and
16 detainer case seeks possession only, $20.
17 (B) When the amount in the case does not
18 exceed $1500, $20.
19 (C) When that amount exceeds $1500 but does
20 not exceed $15,000, $40.
21 (f) Garnishment, Wage Deduction, and Citation.
22 In garnishment affidavit, wage deduction affidavit,
23 and citation petition when the amount does not exceed
24 $1,000, $10; when the amount exceeds $1,000 but does not
25 exceed $5,000, $20; and when the amount exceeds $5,000,
26 $30.
27 (g) Petition to Vacate or Modify.
28 (1) Petition to vacate or modify any final judgment
29 or order of court, except in forcible entry and detainer
30 cases and small claims cases or a petition to reopen an
31 estate, to modify, terminate, or enforce a judgment or
32 order for child or spousal support, or to modify,
33 suspend, or terminate an order for withholding, if filed
34 before 30 days after the entry of the judgment or order,
-715- LRB9111045EGfg
1 $40.
2 (2) Petition to vacate or modify any final judgment
3 or order of court, except a petition to modify,
4 terminate, or enforce a judgment or order for child or
5 spousal support or to modify, suspend, or terminate an
6 order for withholding, if filed later than 30 days after
7 the entry of the judgment or order, $60.
8 (3) Petition to vacate order of bond forfeiture,
9 $20.
10 (h) Mailing.
11 When the clerk is required to mail, the fee will be
12 $6, plus the cost of postage.
13 (i) Certified Copies.
14 Each certified copy of a judgment after the first,
15 except in small claims and forcible entry and detainer
16 cases, $10.
17 (j) Habeas Corpus.
18 For filing a petition for relief by habeas corpus,
19 $80.
20 (k) Certification, Authentication, and Reproduction.
21 (1) Each certification or authentication for taking
22 the acknowledgment of a deed or other instrument in
23 writing with the seal of office, $4.
24 (2) Court appeals when original documents are
25 forwarded, under 100 pages, plus delivery and costs, $50.
26 (3) Court appeals when original documents are
27 forwarded, over 100 pages, plus delivery and costs, $120.
28 (4) Court appeals when original documents are
29 forwarded, over 200 pages, an additional fee of 20 cents
30 per page.
31 (5) For reproduction of any document contained in
32 the clerk's files:
33 (A) First page, $2.
34 (B) Next 19 pages, 50 cents per page.
-716- LRB9111045EGfg
1 (C) All remaining pages, 25 cents per page.
2 (l) Remands.
3 In any cases remanded to the Circuit Court from the
4 Supreme Court or the Appellate Court for a new trial, the
5 clerk shall file the remanding order and reinstate the
6 case with either its original number or a new number. The
7 Clerk shall not charge any new or additional fee for the
8 reinstatement. Upon reinstatement the Clerk shall advise
9 the parties of the reinstatement. A party shall have the
10 same right to a jury trial on remand and reinstatement as
11 he or she had before the appeal, and no additional or new
12 fee or charge shall be made for a jury trial after
13 remand.
14 (m) Record Search.
15 For each record search, within a division or
16 municipal district, the clerk shall be entitled to a
17 search fee of $4 for each year searched.
18 (n) Hard Copy.
19 For each page of hard copy print output, when case
20 records are maintained on an automated medium, the clerk
21 shall be entitled to a fee of $4.
22 (o) Index Inquiry and Other Records.
23 No fee shall be charged for a single
24 plaintiff/defendant index inquiry or single case record
25 inquiry when this request is made in person and the
26 records are maintained in a current automated medium, and
27 when no hard copy print output is requested. The fees to
28 be charged for management records, multiple case records,
29 and multiple journal records may be specified by the
30 Chief Judge pursuant to the guidelines for access and
31 dissemination of information approved by the Supreme
32 Court.
33 (p) Commitment Petitions.
34 For filing commitment petitions under the Mental
-717- LRB9111045EGfg
1 Health and Developmental Disabilities Code and for filing
2 a transcript of commitment proceedings held in another
3 county, $25.
4 (q) Alias Summons.
5 For each alias summons or citation issued by the
6 clerk, $4.
7 (r) Other Fees.
8 Any fees not covered in this Section shall be set by
9 rule or administrative order of the Circuit Court with
10 the approval of the Administrative Office of the Illinois
11 Courts.
12 The clerk of the circuit court may provide
13 additional services for which there is no fee specified
14 by statute in connection with the operation of the
15 clerk's office as may be requested by the public and
16 agreed to by the clerk and approved by the chief judge of
17 the circuit court. Any charges for additional services
18 shall be as agreed to between the clerk and the party
19 making the request and approved by the chief judge of the
20 circuit court. Nothing in this subsection shall be
21 construed to require any clerk to provide any service not
22 otherwise required by law.
23 (s) Jury Services.
24 The clerk shall be entitled to receive, in addition
25 to other fees allowed by law, the sum of $192.50, as a
26 fee for the services of a jury in every civil action not
27 quasi-criminal in its nature and not a proceeding for the
28 exercise of the right of eminent domain and in every
29 other action wherein the right of trial by jury is or may
30 be given by law. The jury fee shall be paid by the party
31 demanding a jury at the time of filing the jury demand.
32 If the fee is not paid by either party, no jury shall be
33 called in the action or proceeding, and the same shall be
34 tried by the court without a jury.
-718- LRB9111045EGfg
1 (t) Voluntary Assignment.
2 For filing each deed of voluntary assignment, $10;
3 for recording the same, 25¢ for each 100 words.
4 Exceptions filed to claims presented to an assignee of a
5 debtor who has made a voluntary assignment for the
6 benefit of creditors shall be considered and treated, for
7 the purpose of taxing costs therein, as actions in which
8 the party or parties filing the exceptions shall be
9 considered as party or parties plaintiff, and the
10 claimant or claimants as party or parties defendant, and
11 those parties respectively shall pay to the clerk the
12 same fees as provided by this Section to be paid in other
13 actions.
14 (u) Expungement Petition.
15 The clerk shall be entitled to receive a fee of $30
16 for each expungement petition filed and an additional fee
17 of $2 for each certified copy of an order to expunge
18 arrest records.
19 (v) Probate.
20 The clerk is entitled to receive the fees specified in
21 this subsection (v), which shall be paid in advance, except
22 that, for good cause shown, the court may suspend, reduce, or
23 release the costs payable under this subsection:
24 (1) For administration of the estate of a decedent
25 (whether testate or intestate) or of a missing person,
26 $100, plus the fees specified in subsection (v)(3),
27 except:
28 (A) When the value of the real and personal
29 property does not exceed $15,000, the fee shall be
30 $25.
31 (B) When (i) proof of heirship alone is made,
32 (ii) a domestic or foreign will is admitted to
33 probate without administration (including proof of
34 heirship), or (iii) letters of office are issued for
-719- LRB9111045EGfg
1 a particular purpose without administration of the
2 estate, the fee shall be $25.
3 (2) For administration of the estate of a ward,
4 $50, plus the fees specified in subsection (v)(3),
5 except:
6 (A) When the value of the real and personal
7 property does not exceed $15,000, the fee shall be
8 $25.
9 (B) When (i) letters of office are issued to a
10 guardian of the person or persons, but not of the
11 estate or (ii) letters of office are issued in the
12 estate of a ward without administration of the
13 estate, including filing or joining in the filing of
14 a tax return or releasing a mortgage or consenting
15 to the marriage of the ward, the fee shall be $10.
16 (3) In addition to the fees payable under
17 subsection (v)(1) or (v)(2) of this Section, the
18 following fees are payable:
19 (A) For each account (other than one final
20 account) filed in the estate of a decedent, or ward,
21 $15.
22 (B) For filing a claim in an estate when the
23 amount claimed is $150 or more but less than $500,
24 $10; when the amount claimed is $500 or more but
25 less than $10,000, $25; when the amount claimed is
26 $10,000 or more, $40; provided that the court in
27 allowing a claim may add to the amount allowed the
28 filing fee paid by the claimant.
29 (C) For filing in an estate a claim, petition,
30 or supplemental proceeding based upon an action
31 seeking equitable relief including the construction
32 or contest of a will, enforcement of a contract to
33 make a will, and proceedings involving testamentary
34 trusts or the appointment of testamentary trustees,
-720- LRB9111045EGfg
1 $40.
2 (D) For filing in an estate (i) the appearance
3 of any person for the purpose of consent or (ii) the
4 appearance of an executor, administrator,
5 administrator to collect, guardian, guardian ad
6 litem, or special administrator, no fee.
7 (E) Except as provided in subsection
8 (v)(3)(D), for filing the appearance of any person
9 or persons, $10.
10 (F) For each jury demand, $102.50.
11 (G) For disposition of the collection of a
12 judgment or settlement of an action or claim for
13 wrongful death of a decedent or of any cause of
14 action of a ward, when there is no other
15 administration of the estate, $30, less any amount
16 paid under subsection (v)(1)(B) or (v)(2)(B) except
17 that if the amount involved does not exceed $5,000,
18 the fee, including any amount paid under subsection
19 (v)(1)(B) or (v)(2)(B), shall be $10.
20 (H) For each certified copy of letters of
21 office, of court order or other certification, $1,
22 plus 50¢ per page in excess of 3 pages for the
23 document certified.
24 (I) For each exemplification, $1, plus the fee
25 for certification.
26 (4) The executor, administrator, guardian,
27 petitioner, or other interested person or his or her
28 attorney shall pay the cost of publication by the clerk
29 directly to the newspaper.
30 (5) The person on whose behalf a charge is incurred
31 for witness, court reporter, appraiser, or other
32 miscellaneous fee shall pay the same directly to the
33 person entitled thereto.
34 (6) The executor, administrator, guardian,
-721- LRB9111045EGfg
1 petitioner, or other interested person or his or her
2 attorney shall pay to the clerk all postage charges
3 incurred by the clerk in mailing petitions, orders,
4 notices, or other documents pursuant to the provisions of
5 the Probate Act of 1975.
6 (w) Criminal and Quasi-Criminal Costs and Fees.
7 (1) The clerk shall be entitled to costs in all
8 criminal and quasi-criminal cases from each person
9 convicted or sentenced to supervision therein as follows:
10 (A) Felony complaints, $80.
11 (B) Misdemeanor complaints, $50.
12 (C) Business offense complaints, $50.
13 (D) Petty offense complaints, $50.
14 (E) Minor traffic or ordinance violations,
15 $20.
16 (F) When court appearance required, $30.
17 (G) Motions to vacate or amend final orders,
18 $20.
19 (H) Motions to vacate bond forfeiture orders,
20 $20.
21 (I) Motions to vacate ex parte judgments,
22 whenever filed, $20.
23 (J) Motions to vacate judgment on forfeitures,
24 whenever filed, $20.
25 (K) Motions to vacate "failure to appear" or
26 "failure to comply" notices sent to the Secretary of
27 State, $20.
28 (2) In counties having a population in excess of
29 180,000 but not more than 650,000 inhabitants, when the
30 violation complaint is issued by a municipal police
31 department, the clerk shall be entitled to costs from
32 each person convicted therein as follows:
33 (A) Minor traffic or ordinance violations,
34 $10.
-722- LRB9111045EGfg
1 (B) When court appearance required, $15.
2 (3) In ordinance violation cases punishable by fine
3 only, the clerk of the circuit court shall be entitled to
4 receive, unless the fee is excused upon a finding by the
5 court that the defendant is indigent, in addition to
6 other fees or costs allowed or imposed by law, the sum of
7 $62.50 as a fee for the services of a jury. The jury fee
8 shall be paid by the defendant at the time of filing his
9 or her jury demand. If the fee is not so paid by the
10 defendant, no jury shall be called, and the case shall be
11 tried by the court without a jury.
12 (x) Transcripts of Judgment.
13 For the filing of a transcript of judgment, the
14 clerk shall be entitled to the same fee as if it were the
15 commencement of a new suit.
16 (y) Change of Venue.
17 (1) For the filing of a change of case on a change
18 of venue, the clerk shall be entitled to the same fee as
19 if it were the commencement of a new suit.
20 (2) The fee for the preparation and certification
21 of a record on a change of venue to another jurisdiction,
22 when original documents are forwarded, $25.
23 (z) Tax objection complaints.
24 For each tax objection complaint containing one or
25 more tax objections, regardless of the number of parcels
26 involved or the number of taxpayers joining on the
27 complaint, $25.
28 (aa) Tax Deeds.
29 (1) Petition for tax deed, if only one parcel is
30 involved, $150.
31 (2) For each additional parcel, add a fee of $50.
32 (bb) Collections.
33 (1) For all collections made of others, except the
34 State and county and except in maintenance or child
-723- LRB9111045EGfg
1 support cases, a sum equal to 2.5% of the amount
2 collected and turned over.
3 (2) Interest earned on any funds held by the clerk
4 shall be turned over to the county general fund as an
5 earning of the office.
6 (3) For any check, draft, or other bank instrument
7 returned to the clerk for non-sufficient funds, account
8 closed, or payment stopped, $25.
9 (4) In child support and maintenance cases, the
10 clerk, if authorized by an ordinance of the county board,
11 may collect an annual fee of up to $36 from the person
12 making payment for maintaining child support records and
13 the processing of support orders to the State of Illinois
14 KIDS system and the recording of payments issued by the
15 State Disbursement Unit for the official record of the
16 Court. This fee shall be in addition to and separate
17 from amounts ordered to be paid as maintenance or child
18 support and shall be deposited into a Separate
19 Maintenance and Child Support Collection Fund, of which
20 the clerk shall be the custodian, ex-officio, to be used
21 by the clerk to maintain child support orders and record
22 all payments issued by the State Disbursement Unit for
23 the official record of the Court. The clerk may recover
24 from the person making the maintenance or child support
25 payment any additional cost incurred in the collection
26 of this annual fee.
27 The clerk shall also be entitled to a fee of $5 for
28 certifications made to the Secretary of State as provided
29 in Section 7-703 of the Family Financial Responsibility
30 Law and these fees shall also be deposited into the
31 Separate Maintenance and Child Support Collection Fund.
32 (cc) Corrections of Numbers.
33 For correction of the case number, case title, or
34 attorney computer identification number, if required by
-724- LRB9111045EGfg
1 rule of court, on any document filed in the clerk's
2 office, to be charged against the party that filed the
3 document, $15.
4 (dd) Exceptions.
5 (1) The fee requirements of this Section shall not
6 apply to police departments or other law enforcement
7 agencies. In this Section, "law enforcement agency"
8 means an agency of the State or a unit of local
9 government which is vested by law or ordinance with the
10 duty to maintain public order and to enforce criminal
11 laws or ordinances. "Law enforcement agency" also means
12 the Attorney General or any state's attorney.
13 (2) No fee provided herein shall be charged to any
14 unit of local government or school district.
15 (3) The fee requirements of this Section shall not
16 apply to any action instituted under subsection (b) of
17 Section 11-31-1 of the Illinois Municipal Code by a
18 private owner or tenant of real property within 1200 feet
19 of a dangerous or unsafe building seeking an order
20 compelling the owner or owners of the building to take
21 any of the actions authorized under that subsection.
22 (ee) Adoptions.
23 (1) For an adoption.............................$65
24 (2) Upon good cause shown, the court may waive the
25 adoption filing fee in a special needs adoption. The
26 term "special needs adoption" shall have the meaning
27 ascribed to it by the Illinois Department of Children and
28 Family Services.
29 (ff) Adoption exemptions.
30 No fee other than that set forth in subsection (ee)
31 shall be charged to any person in connection with an
32 adoption proceeding.
33 (Source: P.A. 90-466, eff. 8-17-97; 90-796, eff. 12-15-98;
34 91-321, eff. 1-1-00; 91-612, eff. 10-1-99; revised 10-15-99.)
-725- LRB9111045EGfg
1 (705 ILCS 105/27.2) (from Ch. 25, par. 27.2)
2 Sec. 27.2. The fees of the clerks of the circuit court
3 in all counties having a population in excess of 650,000
4 inhabitants but less than 3,000,000 inhabitants in the
5 instances described in this Section shall be as provided in
6 this Section. In addition, the fees provided in this Section
7 shall apply to all units of local government and school
8 districts in counties with more than 3,000,000 inhabitants.
9 The fees shall be paid in advance and shall be as follows:
10 (a) Civil Cases.
11 The fee for filing a complaint, petition, or other
12 pleading initiating a civil action, with the following
13 exceptions, shall be $150.
14 (A) When the amount of money or damages or the
15 value of personal property claimed does not exceed
16 $250, $10.
17 (B) When that amount exceeds $250 but does not
18 exceed $500, $20.
19 (C) When that amount exceeds $500 but does not
20 exceed $2500, $30.
21 (D) When that amount exceeds $2500 but does
22 not exceed $15,000, $75.
23 (E) For the exercise of eminent domain, $150.
24 For each additional lot or tract of land or right or
25 interest therein subject to be condemned, the
26 damages in respect to which shall require separate
27 assessment by a jury, $150.
28 (b) Forcible Entry and Detainer.
29 In each forcible entry and detainer case when the
30 plaintiff seeks possession only or unites with his or her
31 claim for possession of the property a claim for rent or
32 damages or both in the amount of $15,000 or less, $40.
33 When the plaintiff unites his or her claim for possession
34 with a claim for rent or damages or both exceeding
-726- LRB9111045EGfg
1 $15,000, $150.
2 (c) Counterclaim or Joining Third Party Defendant.
3 When any defendant files a counterclaim as part of
4 his or her answer or otherwise or joins another party as
5 a third party defendant, or both, the defendant shall pay
6 a fee for each counterclaim or third party action in an
7 amount equal to the fee he or she would have had to pay
8 had he or she brought a separate action for the relief
9 sought in the counterclaim or against the third party
10 defendant, less the amount of the appearance fee, if that
11 has been paid.
12 (d) Confession of Judgment.
13 In a confession of judgment when the amount does not
14 exceed $1500, $50. When the amount exceeds $1500, but
15 does not exceed $15,000, $115. When the amount exceeds
16 $15,000, $200.
17 (e) Appearance.
18 The fee for filing an appearance in each civil case
19 shall be $50, except as follows:
20 (A) When the plaintiff in a forcible entry and
21 detainer case seeks possession only; $20.
22 (B) When the amount in the case does not
23 exceed $1500, $20.
24 (C) When that amount exceeds $1500 but does
25 not exceed $15,000, $40.
26 (f) Garnishment, Wage Deduction, and Citation.
27 In garnishment affidavit, wage deduction affidavit,
28 and citation petition when the amount does not exceed
29 $1,000, $10; when the amount exceeds $1,000 but does not
30 exceed $5,000, $20; and when the amount exceeds $5,000,
31 $30.
32 (g) Petition to Vacate or Modify.
33 (1) Petition to vacate or modify any final judgment
34 or order of court, except in forcible entry and detainer
-727- LRB9111045EGfg
1 cases and small claims cases or a petition to reopen an
2 estate, to modify, terminate, or enforce a judgment or
3 order for child or spousal support, or to modify,
4 suspend, or terminate an order for withholding, if filed
5 before 30 days after the entry of the judgment or order,
6 $40.
7 (2) Petition to vacate or modify any final judgment
8 or order of court, except a petition to modify,
9 terminate, or enforce a judgment or order for child or
10 spousal support or to modify, suspend, or terminate an
11 order for withholding, if filed later than 30 days after
12 the entry of the judgment or order, $60.
13 (3) Petition to vacate order of bond forfeiture,
14 $20.
15 (h) Mailing.
16 When the clerk is required to mail, the fee will be
17 $6, plus the cost of postage.
18 (i) Certified Copies.
19 Each certified copy of a judgment after the first,
20 except in small claims and forcible entry and detainer
21 cases, $10.
22 (j) Habeas Corpus.
23 For filing a petition for relief by habeas corpus,
24 $80.
25 (k) Certification, Authentication, and Reproduction.
26 (1) Each certification or authentication for taking
27 the acknowledgment of a deed or other instrument in
28 writing with the seal of office, $4.
29 (2) Court appeals when original documents are
30 forwarded, under 100 pages, plus delivery and costs, $50.
31 (3) Court appeals when original documents are
32 forwarded, over 100 pages, plus delivery and costs, $120.
33 (4) Court appeals when original documents are
34 forwarded, over 200 pages, an additional fee of 20 cents
-728- LRB9111045EGfg
1 per page.
2 (5) For reproduction of any document contained in
3 the clerk's files:
4 (A) First page, $2.
5 (B) Next 19 pages, 50 cents per page.
6 (C) All remaining pages, 25 cents per page.
7 (l) Remands.
8 In any cases remanded to the Circuit Court from the
9 Supreme Court or the Appellate Court for a new trial, the
10 clerk shall file the remanding order and reinstate the
11 case with either its original number or a new number.
12 The Clerk shall not charge any new or additional fee for
13 the reinstatement. Upon reinstatement the Clerk shall
14 advise the parties of the reinstatement. A party shall
15 have the same right to a jury trial on remand and
16 reinstatement as he or she had before the appeal, and no
17 additional or new fee or charge shall be made for a jury
18 trial after remand.
19 (m) Record Search.
20 For each record search, within a division or
21 municipal district, the clerk shall be entitled to a
22 search fee of $4 for each year searched.
23 (n) Hard Copy.
24 For each page of hard copy print output, when case
25 records are maintained on an automated medium, the clerk
26 shall be entitled to a fee of $4.
27 (o) Index Inquiry and Other Records.
28 No fee shall be charged for a single
29 plaintiff/defendant index inquiry or single case record
30 inquiry when this request is made in person and the
31 records are maintained in a current automated medium, and
32 when no hard copy print output is requested. The fees to
33 be charged for management records, multiple case records,
34 and multiple journal records may be specified by the
-729- LRB9111045EGfg
1 Chief Judge pursuant to the guidelines for access and
2 dissemination of information approved by the Supreme
3 Court.
4 (p) Commitment Petitions.
5 For filing commitment petitions under the Mental
6 Health and Developmental Disabilities Code, $25.
7 (q) Alias Summons.
8 For each alias summons or citation issued by the
9 clerk, $4.
10 (r) Other Fees.
11 Any fees not covered in this Section shall be set by
12 rule or administrative order of the Circuit Court with
13 the approval of the Administrative Office of the Illinois
14 Courts.
15 The clerk of the circuit court may provide
16 additional services for which there is no fee specified
17 by statute in connection with the operation of the
18 clerk's office as may be requested by the public and
19 agreed to by the clerk and approved by the chief judge of
20 the circuit court. Any charges for additional services
21 shall be as agreed to between the clerk and the party
22 making the request and approved by the chief judge of the
23 circuit court. Nothing in this subsection shall be
24 construed to require any clerk to provide any service not
25 otherwise required by law.
26 (s) Jury Services.
27 The clerk shall be entitled to receive, in addition
28 to other fees allowed by law, the sum of $192.50, as a
29 fee for the services of a jury in every civil action not
30 quasi-criminal in its nature and not a proceeding for the
31 exercise of the right of eminent domain and in every
32 other action wherein the right of trial by jury is or may
33 be given by law. The jury fee shall be paid by the party
34 demanding a jury at the time of filing the jury demand.
-730- LRB9111045EGfg
1 If the fee is not paid by either party, no jury shall be
2 called in the action or proceeding, and the same shall be
3 tried by the court without a jury.
4 (t) Voluntary Assignment.
5 For filing each deed of voluntary assignment, $10;
6 for recording the same, 25¢ for each 100 words.
7 Exceptions filed to claims presented to an assignee of a
8 debtor who has made a voluntary assignment for the
9 benefit of creditors shall be considered and treated, for
10 the purpose of taxing costs therein, as actions in which
11 the party or parties filing the exceptions shall be
12 considered as party or parties plaintiff, and the
13 claimant or claimants as party or parties defendant, and
14 those parties respectively shall pay to the clerk the
15 same fees as provided by this Section to be paid in other
16 actions.
17 (u) Expungement Petition.
18 The clerk shall be entitled to receive a fee of $30
19 for each expungement petition filed and an additional fee
20 of $2 for each certified copy of an order to expunge
21 arrest records.
22 (v) Probate.
23 The clerk is entitled to receive the fees specified in
24 this subsection (v), which shall be paid in advance, except
25 that, for good cause shown, the court may suspend, reduce, or
26 release the costs payable under this subsection:
27 (1) For administration of the estate of a decedent
28 (whether testate or intestate) or of a missing person,
29 $100, plus the fees specified in subsection (v)(3),
30 except:
31 (A) When the value of the real and personal
32 property does not exceed $15,000, the fee shall be
33 $25.
34 (B) When (i) proof of heirship alone is made,
-731- LRB9111045EGfg
1 (ii) a domestic or foreign will is admitted to
2 probate without administration (including proof of
3 heirship), or (iii) letters of office are issued for
4 a particular purpose without administration of the
5 estate, the fee shall be $25.
6 (2) For administration of the estate of a ward,
7 $50, plus the fees specified in subsection (v)(3),
8 except:
9 (A) When the value of the real and personal
10 property does not exceed $15,000, the fee shall be
11 $25.
12 (B) When (i) letters of office are issued to a
13 guardian of the person or persons, but not of the
14 estate or (ii) letters of office are issued in the
15 estate of a ward without administration of the
16 estate, including filing or joining in the filing of
17 a tax return or releasing a mortgage or consenting
18 to the marriage of the ward, the fee shall be $10.
19 (3) In addition to the fees payable under
20 subsection (v)(1) or (v)(2) of this Section, the
21 following fees are payable:
22 (A) For each account (other than one final
23 account) filed in the estate of a decedent, or ward,
24 $15.
25 (B) For filing a claim in an estate when the
26 amount claimed is $150 or more but less than $500,
27 $10; when the amount claimed is $500 or more but
28 less than $10,000, $25; when the amount claimed is
29 $10,000 or more, $40; provided that the court in
30 allowing a claim may add to the amount allowed the
31 filing fee paid by the claimant.
32 (C) For filing in an estate a claim, petition,
33 or supplemental proceeding based upon an action
34 seeking equitable relief including the construction
-732- LRB9111045EGfg
1 or contest of a will, enforcement of a contract to
2 make a will, and proceedings involving testamentary
3 trusts or the appointment of testamentary trustees,
4 $40.
5 (D) For filing in an estate (i) the appearance
6 of any person for the purpose of consent or (ii) the
7 appearance of an executor, administrator,
8 administrator to collect, guardian, guardian ad
9 litem, or special administrator, no fee.
10 (E) Except as provided in subsection
11 (v)(3)(D), for filing the appearance of any person
12 or persons, $10.
13 (F) For each jury demand, $102.50.
14 (G) For disposition of the collection of a
15 judgment or settlement of an action or claim for
16 wrongful death of a decedent or of any cause of
17 action of a ward, when there is no other
18 administration of the estate, $30, less any amount
19 paid under subsection (v)(1)(B) or (v)(2)(B) except
20 that if the amount involved does not exceed $5,000,
21 the fee, including any amount paid under subsection
22 (v)(1)(B) or (v)(2)(B), shall be $10.
23 (H) For each certified copy of letters of
24 office, of court order or other certification, $1,
25 plus 50¢ per page in excess of 3 pages for the
26 document certified.
27 (I) For each exemplification, $1, plus the fee
28 for certification.
29 (4) The executor, administrator, guardian,
30 petitioner, or other interested person or his or her
31 attorney shall pay the cost of publication by the clerk
32 directly to the newspaper.
33 (5) The person on whose behalf a charge is incurred
34 for witness, court reporter, appraiser, or other
-733- LRB9111045EGfg
1 miscellaneous fee shall pay the same directly to the
2 person entitled thereto.
3 (6) The executor, administrator, guardian,
4 petitioner, or other interested person or his attorney
5 shall pay to the clerk all postage charges incurred by
6 the clerk in mailing petitions, orders, notices, or other
7 documents pursuant to the provisions of the Probate Act
8 of 1975.
9 (w) Criminal and Quasi-Criminal Costs and Fees.
10 (1) The clerk shall be entitled to costs in all
11 criminal and quasi-criminal cases from each person
12 convicted or sentenced to supervision therein as follows:
13 (A) Felony complaints, $80.
14 (B) Misdemeanor complaints, $50.
15 (C) Business offense complaints, $50.
16 (D) Petty offense complaints, $50.
17 (E) Minor traffic or ordinance violations,
18 $20.
19 (F) When court appearance required, $30.
20 (G) Motions to vacate or amend final orders,
21 $20.
22 (H) Motions to vacate bond forfeiture orders,
23 $20.
24 (I) Motions to vacate ex parte judgments,
25 whenever filed, $20.
26 (J) Motions to vacate judgment on forfeitures,
27 whenever filed, $20.
28 (K) Motions to vacate "failure to appear" or
29 "failure to comply" notices sent to the Secretary of
30 State, $20.
31 (2) In counties having a population of more than
32 650,000 but fewer than 3,000,000 inhabitants, when the
33 violation complaint is issued by a municipal police
34 department, the clerk shall be entitled to costs from
-734- LRB9111045EGfg
1 each person convicted therein as follows:
2 (A) Minor traffic or ordinance violations,
3 $10.
4 (B) When court appearance required, $15.
5 (3) In ordinance violation cases punishable by fine
6 only, the clerk of the circuit court shall be entitled to
7 receive, unless the fee is excused upon a finding by the
8 court that the defendant is indigent, in addition to
9 other fees or costs allowed or imposed by law, the sum of
10 $50 as a fee for the services of a jury. The jury fee
11 shall be paid by the defendant at the time of filing his
12 or her jury demand. If the fee is not so paid by the
13 defendant, no jury shall be called, and the case shall be
14 tried by the court without a jury.
15 (x) Transcripts of Judgment.
16 For the filing of a transcript of judgment, the
17 clerk shall be entitled to the same fee as if it were the
18 commencement of new suit.
19 (y) Change of Venue.
20 (1) For the filing of a change of case on a change
21 of venue, the clerk shall be entitled to the same fee as
22 if it were the commencement of a new suit.
23 (2) The fee for the preparation and certification
24 of a record on a change of venue to another jurisdiction,
25 when original documents are forwarded, $25.
26 (z) Tax objection complaints.
27 For each tax objection complaint containing one or
28 more tax objections, regardless of the number of parcels
29 involved or the number of taxpayers joining in the
30 complaint, $25.
31 (aa) Tax Deeds.
32 (1) Petition for tax deed, if only one parcel is
33 involved, $150.
34 (2) For each additional parcel, add a fee of $50.
-735- LRB9111045EGfg
1 (bb) Collections.
2 (1) For all collections made of others, except the
3 State and county and except in maintenance or child
4 support cases, a sum equal to 2.5% of the amount
5 collected and turned over.
6 (2) Interest earned on any funds held by the clerk
7 shall be turned over to the county general fund as an
8 earning of the office.
9 (3) For any check, draft, or other bank instrument
10 returned to the clerk for non-sufficient funds, account
11 closed, or payment stopped, $25.
12 (4) In child support and maintenance cases, the
13 clerk, if authorized by an ordinance of the county board,
14 may collect an annual fee of up to $36 from the person
15 making payment for maintaining child support records and
16 the processing of support orders to the State of Illinois
17 KIDS system and the recording of payments issued by the
18 State Disbursement Unit for the official record of the
19 Court. This fee shall be in addition to and separate from
20 amounts ordered to be paid as maintenance or child
21 support and shall be deposited into a Separate
22 Maintenance and Child Support Collection Fund, of which
23 the clerk shall be the custodian, ex-officio, to be used
24 by the clerk to maintain child support orders and record
25 all payments issued by the State Disbursement Unit for
26 the official record of the Court. The clerk may recover
27 from the person making the maintenance or child support
28 payment any additional cost incurred in the collection of
29 this annual fee.
30 The clerk shall also be entitled to a fee of $5 for
31 certifications made to the Secretary of State as provided
32 in Section 7-703 of the Family Financial Responsibility
33 Law and these fees shall also be deposited into the
34 Separate Maintenance and Child Support Collection Fund.
-736- LRB9111045EGfg
1 (cc) Corrections of Numbers.
2 For correction of the case number, case title, or
3 attorney computer identification number, if required by
4 rule of court, on any document filed in the clerk's
5 office, to be charged against the party that filed the
6 document, $15.
7 (dd) Exceptions.
8 The fee requirements of this Section shall not apply
9 to police departments or other law enforcement agencies.
10 In this Section, "law enforcement agency" means an agency
11 of the State or a unit of local government which is
12 vested by law or ordinance with the duty to maintain
13 public order and to enforce criminal laws or ordinances.
14 "Law enforcement agency" also means the Attorney General
15 or any state's attorney. The fee requirements of this
16 Section shall not apply to any action instituted under
17 subsection (b) of Section 11-31-1 of the Illinois
18 Municipal Code by a private owner or tenant of real
19 property within 1200 feet of a dangerous or unsafe
20 building seeking an order compelling the owner or owners
21 of the building to take any of the actions authorized
22 under that subsection.
23 (ee) Adoptions.
24 (1) For an adoption.............................$65
25 (2) Upon good cause shown, the court may waive the
26 adoption filing fee in a special needs adoption. The
27 term "special needs adoption" shall have the meaning
28 ascribed to it by the Illinois Department of Children and
29 Family Services.
30 (ff) Adoption exemptions.
31 No fee other than that set forth in subsection (ee)
32 shall be charged to any person in connection with an
33 adoption proceeding.
34 (Source: P.A. 90-466, eff. 8-17-97; 90-796, eff. 12-15-98;
-737- LRB9111045EGfg
1 91-321, eff. 1-1-00; 91-612, eff. 10-1-99; revised 10-15-99.)
2 (705 ILCS 105/27.2a) (from Ch. 25, par. 27.2a)
3 Sec. 27.2a. The fees of the clerks of the circuit court
4 in all counties having a population of 3,000,000 or more
5 inhabitants in the instances described in this Section shall
6 be as provided in this Section. The fees shall be paid in
7 advance and shall be as follows:
8 (a) Civil Cases.
9 The fee for filing a complaint, petition, or other
10 pleading initiating a civil action, with the following
11 exceptions, shall be $190.
12 (A) When the amount of money or damages or the
13 value of personal property claimed does not exceed
14 $250, $15.
15 (B) When that amount exceeds $250 but does not
16 exceed $1000, $40.
17 (C) When that amount exceeds $1000 but does
18 not exceed $2500, $50.
19 (D) When that amount exceeds $2500 but does
20 not exceed $5000, $100.
21 (E) When that amount exceeds $5000 but does
22 not exceed $15,000, $150.
23 (F) For the exercise of eminent domain, $150.
24 For each additional lot or tract of land or right or
25 interest therein subject to be condemned, the
26 damages in respect to which shall require separate
27 assessment by a jury, $150.
28 (b) Forcible Entry and Detainer.
29 In each forcible entry and detainer case when the
30 plaintiff seeks possession only or unites with his or her
31 claim for possession of the property a claim for rent or
32 damages or both in the amount of $15,000 or less, $75.
33 When the plaintiff unites his or her claim for possession
-738- LRB9111045EGfg
1 with a claim for rent or damages or both exceeding
2 $15,000, $225.
3 (c) Counterclaim or Joining Third Party Defendant.
4 When any defendant files a counterclaim as part of
5 his or her answer or otherwise or joins another party as
6 a third party defendant, or both, the defendant shall pay
7 a fee for each counterclaim or third party action in an
8 amount equal to the fee he or she would have had to pay
9 had he or she brought a separate action for the relief
10 sought in the counterclaim or against the third party
11 defendant, less the amount of the appearance fee, if that
12 has been paid.
13 (d) Confession of Judgment.
14 In a confession of judgment when the amount does not
15 exceed $1500, $60. When the amount exceeds $1500, but
16 does not exceed $5000, $75. When the amount exceeds
17 $5000, but does not exceed $15,000, $175. When the amount
18 exceeds $15,000, $250.
19 (e) Appearance.
20 The fee for filing an appearance in each civil case
21 shall be $75, except as follows:
22 (A) When the plaintiff in a forcible entry and
23 detainer case seeks possession only, $40.
24 (B) When the amount in the case does not
25 exceed $1500, $40.
26 (C) When that amount exceeds $1500 but does
27 not exceed $15,000, $60.
28 (f) Garnishment, Wage Deduction, and Citation.
29 In garnishment affidavit, wage deduction affidavit,
30 and citation petition when the amount does not exceed
31 $1,000, $15; when the amount exceeds $1,000 but does not
32 exceed $5,000, $30; and when the amount exceeds $5,000,
33 $50.
34 (g) Petition to Vacate or Modify.
-739- LRB9111045EGfg
1 (1) Petition to vacate or modify any final judgment
2 or order of court, except in forcible entry and detainer
3 cases and small claims cases or a petition to reopen an
4 estate, to modify, terminate, or enforce a judgment or
5 order for child or spousal support, or to modify,
6 suspend, or terminate an order for withholding, if filed
7 before 30 days after the entry of the judgment or order,
8 $50.
9 (2) Petition to vacate or modify any final judgment
10 or order of court, except a petition to modify,
11 terminate, or enforce a judgment or order for child or
12 spousal support or to modify, suspend, or terminate an
13 order for withholding, if filed later than 30 days after
14 the entry of the judgment or order, $75.
15 (3) Petition to vacate order of bond forfeiture,
16 $40.
17 (h) Mailing.
18 When the clerk is required to mail, the fee will be
19 $10, plus the cost of postage.
20 (i) Certified Copies.
21 Each certified copy of a judgment after the first,
22 except in small claims and forcible entry and detainer
23 cases, $15.
24 (j) Habeas Corpus.
25 For filing a petition for relief by habeas corpus,
26 $125.
27 (k) Certification, Authentication, and Reproduction.
28 (1) Each certification or authentication for taking
29 the acknowledgment of a deed or other instrument in
30 writing with the seal of office, $6.
31 (2) Court appeals when original documents are
32 forwarded, under 100 pages, plus delivery and costs, $75.
33 (3) Court appeals when original documents are
34 forwarded, over 100 pages, plus delivery and costs, $150.
-740- LRB9111045EGfg
1 (4) Court appeals when original documents are
2 forwarded, over 200 pages, an additional fee of 25 cents
3 per page.
4 (5) For reproduction of any document contained in
5 the clerk's files:
6 (A) First page, $2.
7 (B) Next 19 pages, 50 cents per page.
8 (C) All remaining pages, 25 cents per page.
9 (l) Remands.
10 In any cases remanded to the Circuit Court from the
11 Supreme Court or the Appellate Court for a new trial, the
12 clerk shall file the remanding order and reinstate the
13 case with either its original number or a new number.
14 The Clerk shall not charge any new or additional fee for
15 the reinstatement. Upon reinstatement the Clerk shall
16 advise the parties of the reinstatement. A party shall
17 have the same right to a jury trial on remand and
18 reinstatement as he or she had before the appeal, and no
19 additional or new fee or charge shall be made for a jury
20 trial after remand.
21 (m) Record Search.
22 For each record search, within a division or
23 municipal district, the clerk shall be entitled to a
24 search fee of $6 for each year searched.
25 (n) Hard Copy.
26 For each page of hard copy print output, when case
27 records are maintained on an automated medium, the clerk
28 shall be entitled to a fee of $6.
29 (o) Index Inquiry and Other Records.
30 No fee shall be charged for a single
31 plaintiff/defendant index inquiry or single case record
32 inquiry when this request is made in person and the
33 records are maintained in a current automated medium, and
34 when no hard copy print output is requested. The fees to
-741- LRB9111045EGfg
1 be charged for management records, multiple case records,
2 and multiple journal records may be specified by the
3 Chief Judge pursuant to the guidelines for access and
4 dissemination of information approved by the Supreme
5 Court.
6 (p) Commitment Petitions.
7 For filing commitment petitions under the Mental
8 Health and Developmental Disabilities Code, $50.
9 (q) Alias Summons.
10 For each alias summons or citation issued by the
11 clerk, $5.
12 (r) Other Fees.
13 Any fees not covered in this Section shall be set by
14 rule or administrative order of the Circuit Court with
15 the approval of the Administrative Office of the Illinois
16 Courts.
17 The clerk of the circuit court may provide
18 additional services for which there is no fee specified
19 by statute in connection with the operation of the
20 clerk's office as may be requested by the public and
21 agreed to by the clerk and approved by the chief judge of
22 the circuit court. Any charges for additional services
23 shall be as agreed to between the clerk and the party
24 making the request and approved by the chief judge of the
25 circuit court. Nothing in this subsection shall be
26 construed to require any clerk to provide any service not
27 otherwise required by law.
28 (s) Jury Services.
29 The clerk shall be entitled to receive, in addition
30 to other fees allowed by law, the sum of $212.50, as a
31 fee for the services of a jury in every civil action not
32 quasi-criminal in its nature and not a proceeding for the
33 exercise of the right of eminent domain and in every
34 other action wherein the right of trial by jury is or may
-742- LRB9111045EGfg
1 be given by law. The jury fee shall be paid by the party
2 demanding a jury at the time of filing the jury demand.
3 If the fee is not paid by either party, no jury shall be
4 called in the action or proceeding, and the same shall be
5 tried by the court without a jury.
6 (t) Voluntary Assignment.
7 For filing each deed of voluntary assignment, $20;
8 for recording the same, 50¢ for each 100 words.
9 Exceptions filed to claims presented to an assignee of a
10 debtor who has made a voluntary assignment for the
11 benefit of creditors shall be considered and treated, for
12 the purpose of taxing costs therein, as actions in which
13 the party or parties filing the exceptions shall be
14 considered as party or parties plaintiff, and the
15 claimant or claimants as party or parties defendant, and
16 those parties respectively shall pay to the clerk the
17 same fees as provided by this Section to be paid in other
18 actions.
19 (u) Expungement Petition.
20 The clerk shall be entitled to receive a fee of $60
21 for each expungement petition filed and an additional fee
22 of $4 for each certified copy of an order to expunge
23 arrest records.
24 (v) Probate.
25 The clerk is entitled to receive the fees specified in
26 this subsection (v), which shall be paid in advance, except
27 that, for good cause shown, the court may suspend, reduce, or
28 release the costs payable under this subsection:
29 (1) For administration of the estate of a decedent
30 (whether testate or intestate) or of a missing person,
31 $150, plus the fees specified in subsection (v)(3),
32 except:
33 (A) When the value of the real and personal
34 property does not exceed $15,000, the fee shall be
-743- LRB9111045EGfg
1 $40.
2 (B) When (i) proof of heirship alone is made,
3 (ii) a domestic or foreign will is admitted to
4 probate without administration (including proof of
5 heirship), or (iii) letters of office are issued for
6 a particular purpose without administration of the
7 estate, the fee shall be $40.
8 (2) For administration of the estate of a ward,
9 $75, plus the fees specified in subsection (v)(3),
10 except:
11 (A) When the value of the real and personal
12 property does not exceed $15,000, the fee shall be
13 $40.
14 (B) When (i) letters of office are issued to a
15 guardian of the person or persons, but not of the
16 estate or (ii) letters of office are issued in the
17 estate of a ward without administration of the
18 estate, including filing or joining in the filing of
19 a tax return or releasing a mortgage or consenting
20 to the marriage of the ward, the fee shall be $20.
21 (3) In addition to the fees payable under
22 subsection (v)(1) or (v)(2) of this Section, the
23 following fees are payable:
24 (A) For each account (other than one final
25 account) filed in the estate of a decedent, or ward,
26 $25.
27 (B) For filing a claim in an estate when the
28 amount claimed is $150 or more but less than $500,
29 $20; when the amount claimed is $500 or more but
30 less than $10,000, $40; when the amount claimed is
31 $10,000 or more, $60; provided that the court in
32 allowing a claim may add to the amount allowed the
33 filing fee paid by the claimant.
34 (C) For filing in an estate a claim, petition,
-744- LRB9111045EGfg
1 or supplemental proceeding based upon an action
2 seeking equitable relief including the construction
3 or contest of a will, enforcement of a contract to
4 make a will, and proceedings involving testamentary
5 trusts or the appointment of testamentary trustees,
6 $60.
7 (D) For filing in an estate (i) the appearance
8 of any person for the purpose of consent or (ii) the
9 appearance of an executor, administrator,
10 administrator to collect, guardian, guardian ad
11 litem, or special administrator, no fee.
12 (E) Except as provided in subsection
13 (v)(3)(D), for filing the appearance of any person
14 or persons, $30.
15 (F) For each jury demand, $137.50.
16 (G) For disposition of the collection of a
17 judgment or settlement of an action or claim for
18 wrongful death of a decedent or of any cause of
19 action of a ward, when there is no other
20 administration of the estate, $50, less any amount
21 paid under subsection (v)(1)(B) or (v)(2)(B) except
22 that if the amount involved does not exceed $5,000,
23 the fee, including any amount paid under subsection
24 (v)(1)(B) or (v)(2)(B), shall be $20.
25 (H) For each certified copy of letters of
26 office, of court order or other certification, $2,
27 plus $1 per page in excess of 3 pages for the
28 document certified.
29 (I) For each exemplification, $2, plus the fee
30 for certification.
31 (4) The executor, administrator, guardian,
32 petitioner, or other interested person or his or her
33 attorney shall pay the cost of publication by the clerk
34 directly to the newspaper.
-745- LRB9111045EGfg
1 (5) The person on whose behalf a charge is incurred
2 for witness, court reporter, appraiser, or other
3 miscellaneous fee shall pay the same directly to the
4 person entitled thereto.
5 (6) The executor, administrator, guardian,
6 petitioner, or other interested person or his or her
7 attorney shall pay to the clerk all postage charges
8 incurred by the clerk in mailing petitions, orders,
9 notices, or other documents pursuant to the provisions of
10 the Probate Act of 1975.
11 (w) Criminal and Quasi-Criminal Costs and Fees.
12 (1) The clerk shall be entitled to costs in all
13 criminal and quasi-criminal cases from each person
14 convicted or sentenced to supervision therein as follows:
15 (A) Felony complaints, $125.
16 (B) Misdemeanor complaints, $75.
17 (C) Business offense complaints, $75.
18 (D) Petty offense complaints, $75.
19 (E) Minor traffic or ordinance violations,
20 $30.
21 (F) When court appearance required, $50.
22 (G) Motions to vacate or amend final orders,
23 $40.
24 (H) Motions to vacate bond forfeiture orders,
25 $30.
26 (I) Motions to vacate ex parte judgments,
27 whenever filed, $30.
28 (J) Motions to vacate judgment on forfeitures,
29 whenever filed, $25.
30 (K) Motions to vacate "failure to appear" or
31 "failure to comply" notices sent to the Secretary of
32 State, $40.
33 (2) In counties having a population of 3,000,000 or
34 more, when the violation complaint is issued by a
-746- LRB9111045EGfg
1 municipal police department, the clerk shall be entitled
2 to costs from each person convicted therein as follows:
3 (A) Minor traffic or ordinance violations,
4 $30.
5 (B) When court appearance required, $50.
6 (3) In ordinance violation cases punishable by fine
7 only, the clerk of the circuit court shall be entitled to
8 receive, unless the fee is excused upon a finding by the
9 court that the defendant is indigent, in addition to
10 other fees or costs allowed or imposed by law, the sum of
11 $112.50 as a fee for the services of a jury. The jury
12 fee shall be paid by the defendant at the time of filing
13 his or her jury demand. If the fee is not so paid by the
14 defendant, no jury shall be called, and the case shall be
15 tried by the court without a jury.
16 (x) Transcripts of Judgment.
17 For the filing of a transcript of judgment, the
18 clerk shall be entitled to the same fee as if it were the
19 commencement of a new suit.
20 (y) Change of Venue.
21 (1) For the filing of a change of case on a change
22 of venue, the clerk shall be entitled to the same fee as
23 if it were the commencement of a new suit.
24 (2) The fee for the preparation and certification
25 of a record on a change of venue to another jurisdiction,
26 when original documents are forwarded, $40.
27 (z) Tax objection complaints.
28 For each tax objection complaint containing one or
29 more tax objections, regardless of the number of parcels
30 involved or the number of taxpayers joining in the
31 complaint, $50.
32 (aa) Tax Deeds.
33 (1) Petition for tax deed, if only one parcel is
34 involved, $250.
-747- LRB9111045EGfg
1 (2) For each additional parcel, add a fee of $100.
2 (bb) Collections.
3 (1) For all collections made of others, except the
4 State and county and except in maintenance or child
5 support cases, a sum equal to 3.0% of the amount
6 collected and turned over.
7 (2) Interest earned on any funds held by the clerk
8 shall be turned over to the county general fund as an
9 earning of the office.
10 (3) For any check, draft, or other bank instrument
11 returned to the clerk for non-sufficient funds, account
12 closed, or payment stopped, $25.
13 (4) In child support and maintenance cases, the
14 clerk, if authorized by an ordinance of the county board,
15 may collect an annual fee of up to $36 from the person
16 making payment for maintaining child support records and
17 the processing of support orders to the State of Illinois
18 KIDS system and the recording of payments issued by the
19 State Disbursement Unit for the official record of the
20 Court. This fee shall be in addition to and separate
21 from amounts ordered to be paid as maintenance or child
22 support and shall be deposited into a Separate
23 Maintenance and Child Support Collection Fund, of which
24 the clerk shall be the custodian, ex-officio, to be used
25 by the clerk to maintain child support orders and record
26 all payments issued by the State Disbursement Unit for
27 the official record of the Court. The clerk may recover
28 from the person making the maintenance or child support
29 payment any additional cost incurred in the collection of
30 this annual fee.
31 The clerk shall also be entitled to a fee of $5 for
32 certifications made to the Secretary of State as provided
33 in Section 7-703 of the Family Financial Responsibility
34 Law and these fees shall also be deposited into the
-748- LRB9111045EGfg
1 Separate Maintenance and Child Support Collection Fund.
2 (cc) Corrections of Numbers.
3 For correction of the case number, case title, or
4 attorney computer identification number, if required by
5 rule of court, on any document filed in the clerk's
6 office, to be charged against the party that filed the
7 document, $25.
8 (dd) Exceptions.
9 (1) The fee requirements of this Section shall not
10 apply to police departments or other law enforcement
11 agencies. In this Section, "law enforcement agency"
12 means an agency of the State or a unit of local
13 government which is vested by law or ordinance with the
14 duty to maintain public order and to enforce criminal
15 laws or ordinances. "Law enforcement agency" also means
16 the Attorney General or any state's attorney.
17 (2) No fee provided herein shall be charged to any
18 unit of local government or school district. The fee
19 requirements of this Section shall not apply to any
20 action instituted under subsection (b) of Section 11-31-1
21 of the Illinois Municipal Code by a private owner or
22 tenant of real property within 1200 feet of a dangerous
23 or unsafe building seeking an order compelling the owner
24 or owners of the building to take any of the actions
25 authorized under that subsection.
26 (ee) Adoption.
27 (1) For an adoption.............................$65
28 (2) Upon good cause shown, the court may waive the
29 adoption filing fee in a special needs adoption. The
30 term "special needs adoption" shall have the meaning
31 ascribed to it by the Illinois Department of Children and
32 Family Services.
33 (ff) Adoption exemptions.
34 No fee other than that set forth in subsection (ee)
-749- LRB9111045EGfg
1 shall be charged to any person in connection with an
2 adoption proceeding.
3 (Source: P.A. 89-92, eff. 7-1-96; 89-593, eff. 8-1-96;
4 90-466, eff. 8-17-97; 90-796, eff. 12-15-98; 91-321, eff.
5 1-1-00; 91-612, eff. 10-1-99; revised 10-15-99.)
6 Section 87. The Juvenile Court Act of 1987 is amended by
7 changing Sections 5-130 and 5-615 as follows:
8 (705 ILCS 405/5-130)
9 Sec. 5-130. Excluded jurisdiction.
10 (1) (a) The definition of delinquent minor under Section
11 5-120 of this Article shall not apply to any minor who at the
12 time of an offense was at least 15 years of age and who is
13 charged with first degree murder, aggravated criminal sexual
14 assault, aggravated battery with a firearm committed in a
15 school, on the real property comprising a school, within
16 1,000 feet of the real property comprising a school, at a
17 school related activity, or on, boarding, or departing from
18 any conveyance owned, leased, or contracted by a school or
19 school district to transport students to or from school or a
20 school related activity regardless of the time of day or time
21 of year that the offense was committed, armed robbery when
22 the armed robbery was committed with a firearm, or aggravated
23 vehicular hijacking when the hijacking was committed with a
24 firearm.
25 These charges and all other charges arising out of the
26 same incident shall be prosecuted under the criminal laws of
27 this State.
28 For purposes of this paragraph (a) of subsection (l):
29 "School" means a public or private elementary or
30 secondary school, community college, college, or university.
31 "School related activity" means any sporting, social,
32 academic or other activity for which students' attendance or
-750- LRB9111045EGfg
1 participation is sponsored, organized, or funded in whole or
2 in part by a school or school district.
3 (b) (i) If before trial or plea an information or
4 indictment is filed that does not charge an offense specified
5 in paragraph (a) of this subsection (1) the State's Attorney
6 may proceed on any lesser charge or charges, but only in
7 Juvenile Court under the provisions of this Article. The
8 State's Attorney may proceed under the Criminal Code of 1961
9 on a lesser charge if before trial the minor defendant
10 knowingly and with advice of counsel waives, in writing, his
11 or her right to have the matter proceed in Juvenile Court.
12 (ii) If before trial or plea an information or
13 indictment is filed that includes one or more charges
14 specified in paragraph (a) of this subsection (1) and
15 additional charges that are not specified in that paragraph,
16 all of the charges arising out of the same incident shall be
17 prosecuted under the Criminal Code of 1961.
18 (c) (i) If after trial or plea the minor is convicted of
19 any offense covered by paragraph (a) of this subsection (1),
20 then, in sentencing the minor, the court shall have available
21 any or all dispositions prescribed for that offense under
22 Chapter V of the Unified Code of Corrections.
23 (ii) If after trial or plea the court finds that the
24 minor committed an offense not covered by paragraph (a) of
25 this subsection (1), that finding shall not invalidate the
26 verdict or the prosecution of the minor under the criminal
27 laws of the State; however, unless the State requests a
28 hearing for the purpose of sentencing the minor under Chapter
29 V of the Unified Code of Corrections, the Court must proceed
30 under Sections 5-705 and 5-710 of this Article. To request a
31 hearing, the State must file a written motion within 10 days
32 following the entry of a finding or the return of a verdict.
33 Reasonable notice of the motion shall be given to the minor
34 or his or her counsel. If the motion is made by the State,
-751- LRB9111045EGfg
1 the court shall conduct a hearing to determine if the minor
2 should be sentenced under Chapter V of the Unified Code of
3 Corrections. In making its determination, the court shall
4 consider among other matters: (a) whether there is evidence
5 that the offense was committed in an aggressive and
6 premeditated manner; (b) the age of the minor; (c) the
7 previous history of the minor; (d) whether there are
8 facilities particularly available to the Juvenile Court or
9 the Department of Corrections, Juvenile Division, for the
10 treatment and rehabilitation of the minor; (e) whether the
11 security of the public requires sentencing under Chapter V of
12 the Unified Code of Corrections; and (f) whether the minor
13 possessed a deadly weapon when committing the offense. The
14 rules of evidence shall be the same as if at trial. If after
15 the hearing the court finds that the minor should be
16 sentenced under Chapter V of the Unified Code of Corrections,
17 then the court shall sentence the minor accordingly having
18 available to it any or all dispositions so prescribed.
19 (2) (a) The definition of a delinquent minor under
20 Section 5-120 of this Article shall not apply to any minor
21 who at the time of the offense was at least 15 years of age
22 and who is charged with an offense under Section 401 of the
23 Illinois Controlled Substances Act, while in a school,
24 regardless of the time of day or the time of year, or any
25 conveyance owned, leased or contracted by a school to
26 transport students to or from school or a school related
27 activity, or residential property owned, operated or managed
28 by a public housing agency or leased by a public housing
29 agency as part of a scattered site or mixed-income
30 development, on the real property comprising any school,
31 regardless of the time of day or the time of year, or
32 residential property owned, operated or managed by a public
33 housing agency or leased by a public housing agency as part
34 of a scattered site or mixed-income development, or on a
-752- LRB9111045EGfg
1 public way within 1,000 feet of the real property comprising
2 any school, regardless of the time of day or the time of
3 year, or residential property owned, operated or managed by a
4 public housing agency or leased by a public housing agency as
5 part of a scattered site or mixed-income development. School
6 is defined, for the purposes of this Section, as any public
7 or private elementary or secondary school, community college,
8 college, or university. These charges and all other charges
9 arising out of the same incident shall be prosecuted under
10 the criminal laws of this State.
11 (b) (i) If before trial or plea an information or
12 indictment is filed that does not charge an offense specified
13 in paragraph (a) of this subsection (2) the State's Attorney
14 may proceed on any lesser charge or charges, but only in
15 Juvenile Court under the provisions of this Article. The
16 State's Attorney may proceed under the criminal laws of this
17 State on a lesser charge if before trial the minor defendant
18 knowingly and with advice of counsel waives, in writing, his
19 or her right to have the matter proceed in Juvenile Court.
20 (ii) If before trial or plea an information or
21 indictment is filed that includes one or more charges
22 specified in paragraph (a) of this subsection (2) and
23 additional charges that are not specified in that paragraph,
24 all of the charges arising out of the same incident shall be
25 prosecuted under the criminal laws of this State.
26 (c) (i) If after trial or plea the minor is convicted of
27 any offense covered by paragraph (a) of this subsection (2),
28 then, in sentencing the minor, the court shall have available
29 any or all dispositions prescribed for that offense under
30 Chapter V of the Unified Code of Corrections.
31 (ii) If after trial or plea the court finds that the
32 minor committed an offense not covered by paragraph (a) of
33 this subsection (2), that finding shall not invalidate the
34 verdict or the prosecution of the minor under the criminal
-753- LRB9111045EGfg
1 laws of the State; however, unless the State requests a
2 hearing for the purpose of sentencing the minor under Chapter
3 V of the Unified Code of Corrections, the Court must proceed
4 under Sections 5-705 and 5-710 of this Article. To request a
5 hearing, the State must file a written motion within 10 days
6 following the entry of a finding or the return of a verdict.
7 Reasonable notice of the motion shall be given to the minor
8 or his or her counsel. If the motion is made by the State,
9 the court shall conduct a hearing to determine if the minor
10 should be sentenced under Chapter V of the Unified Code of
11 Corrections. In making its determination, the court shall
12 consider among other matters: (a) whether there is evidence
13 that the offense was committed in an aggressive and
14 premeditated manner; (b) the age of the minor; (c) the
15 previous history of the minor; (d) whether there are
16 facilities particularly available to the Juvenile Court or
17 the Department of Corrections, Juvenile Division, for the
18 treatment and rehabilitation of the minor; (e) whether the
19 security of the public requires sentencing under Chapter V of
20 the Unified Code of Corrections; and (f) whether the minor
21 possessed a deadly weapon when committing the offense. The
22 rules of evidence shall be the same as if at trial. If after
23 the hearing the court finds that the minor should be
24 sentenced under Chapter V of the Unified Code of Corrections,
25 then the court shall sentence the minor accordingly having
26 available to it any or all dispositions so prescribed.
27 (3) (a) The definition of delinquent minor under Section
28 5-120 of this Article shall not apply to any minor who at the
29 time of the offense was at least 15 years of age and who is
30 charged with a violation of the provisions of paragraph (1),
31 (3), (4), or (10) of subsection (a) of Section 24-1 of the
32 Criminal Code of 1961 while in school, regardless of the time
33 of day or the time of year, or on the real property
34 comprising any school, regardless of the time of day or the
-754- LRB9111045EGfg
1 time of year. School is defined, for purposes of this Section
2 as any public or private elementary or secondary school,
3 community college, college, or university. These charges and
4 all other charges arising out of the same incident shall be
5 prosecuted under the criminal laws of this State.
6 (b) (i) If before trial or plea an information or
7 indictment is filed that does not charge an offense specified
8 in paragraph (a) of this subsection (3) the State's Attorney
9 may proceed on any lesser charge or charges, but only in
10 Juvenile Court under the provisions of this Article. The
11 State's Attorney may proceed under the criminal laws of this
12 State on a lesser charge if before trial the minor defendant
13 knowingly and with advice of counsel waives, in writing, his
14 or her right to have the matter proceed in Juvenile Court.
15 (ii) If before trial or plea an information or
16 indictment is filed that includes one or more charges
17 specified in paragraph (a) of this subsection (3) and
18 additional charges that are not specified in that paragraph,
19 all of the charges arising out of the same incident shall be
20 prosecuted under the criminal laws of this State.
21 (c) (i) If after trial or plea the minor is convicted of
22 any offense covered by paragraph (a) of this subsection (3),
23 then, in sentencing the minor, the court shall have available
24 any or all dispositions prescribed for that offense under
25 Chapter V of the Unified Code of Corrections.
26 (ii) If after trial or plea the court finds that the
27 minor committed an offense not covered by paragraph (a) of
28 this subsection (3), that finding shall not invalidate the
29 verdict or the prosecution of the minor under the criminal
30 laws of the State; however, unless the State requests a
31 hearing for the purpose of sentencing the minor under Chapter
32 V of the Unified Code of Corrections, the Court must proceed
33 under Sections 5-705 and 5-710 of this Article. To request a
34 hearing, the State must file a written motion within 10 days
-755- LRB9111045EGfg
1 following the entry of a finding or the return of a verdict.
2 Reasonable notice of the motion shall be given to the minor
3 or his or her counsel. If the motion is made by the State,
4 the court shall conduct a hearing to determine if the minor
5 should be sentenced under Chapter V of the Unified Code of
6 Corrections. In making its determination, the court shall
7 consider among other matters: (a) whether there is evidence
8 that the offense was committed in an aggressive and
9 premeditated manner; (b) the age of the minor; (c) the
10 previous history of the minor; (d) whether there are
11 facilities particularly available to the Juvenile Court or
12 the Department of Corrections, Juvenile Division, for the
13 treatment and rehabilitation of the minor; (e) whether the
14 security of the public requires sentencing under Chapter V of
15 the Unified Code of Corrections; and (f) whether the minor
16 possessed a deadly weapon when committing the offense. The
17 rules of evidence shall be the same as if at trial. If after
18 the hearing the court finds that the minor should be
19 sentenced under Chapter V of the Unified Code of Corrections,
20 then the court shall sentence the minor accordingly having
21 available to it any or all dispositions so prescribed.
22 (4) (a) The definition of delinquent minor under Section
23 5-120 of this Article shall not apply to any minor who at the
24 time of an offense was at least 13 years of age and who is
25 charged with first degree murder committed during the course
26 of either aggravated criminal sexual assault, criminal sexual
27 assault, or aggravated kidnaping. However, this subsection
28 (4) does not include a minor charged with first degree murder
29 based exclusively upon the accountability provisions of the
30 Criminal Code of 1961.
31 (b) (i) If before trial or plea an information or
32 indictment is filed that does not charge first degree murder
33 committed during the course of aggravated criminal sexual
34 assault, criminal sexual assault, or aggravated kidnaping,
-756- LRB9111045EGfg
1 the State's Attorney may proceed on any lesser charge or
2 charges, but only in Juvenile Court under the provisions of
3 this Article. The State's Attorney may proceed under the
4 criminal laws of this State on a lesser charge if before
5 trial the minor defendant knowingly and with advice of
6 counsel waives, in writing, his or her right to have the
7 matter proceed in Juvenile Court.
8 (ii) If before trial or plea an information or
9 indictment is filed that includes first degree murder
10 committed during the course of aggravated criminal sexual
11 assault, criminal sexual assault, or aggravated kidnaping,
12 and additional charges that are not specified in paragraph
13 (a) of this subsection, all of the charges arising out of the
14 same incident shall be prosecuted under the criminal laws of
15 this State.
16 (c) (i) If after trial or plea the minor is convicted of
17 first degree murder committed during the course of aggravated
18 criminal sexual assault, criminal sexual assault, or
19 aggravated kidnaping, in sentencing the minor, the court
20 shall have available any or all dispositions prescribed for
21 that offense under Chapter V of the Unified Code of
22 Corrections.
23 (ii) If the minor was not yet 15 years of age at the
24 time of the offense, and if after trial or plea the court
25 finds that the minor committed an offense other than first
26 degree murder committed during the course of either
27 aggravated criminal sexual assault, criminal sexual assault,
28 or aggravated kidnapping, the finding shall not invalidate
29 the verdict or the prosecution of the minor under the
30 criminal laws of the State; however, unless the State
31 requests a hearing for the purpose of sentencing the minor
32 under Chapter V of the Unified Code of Corrections, the Court
33 must proceed under Sections 5-705 and 5-710 of this Article.
34 To request a hearing, the State must file a written motion
-757- LRB9111045EGfg
1 within 10 days following the entry of a finding or the return
2 of a verdict. Reasonable notice of the motion shall be given
3 to the minor or his or her counsel. If the motion is made by
4 the State, the court shall conduct a hearing to determine
5 whether the minor should be sentenced under Chapter V of the
6 Unified Code of Corrections. In making its determination,
7 the court shall consider among other matters: (a) whether
8 there is evidence that the offense was committed in an
9 aggressive and premeditated manner; (b) the age of the
10 minor; (c) the previous delinquent history of the minor;
11 (d) whether there are facilities particularly available to
12 the Juvenile Court or the Department of Corrections, Juvenile
13 Division, for the treatment and rehabilitation of the minor;
14 (e) whether the best interest of the minor and the security
15 of the public require sentencing under Chapter V of the
16 Unified Code of Corrections; and (f) whether the minor
17 possessed a deadly weapon when committing the offense. The
18 rules of evidence shall be the same as if at trial. If after
19 the hearing the court finds that the minor should be
20 sentenced under Chapter V of the Unified Code of Corrections,
21 then the court shall sentence the minor accordingly having
22 available to it any or all dispositions so prescribed.
23 (5) (a) The definition of delinquent minor under Section
24 5-120 of this Article shall not apply to any minor who is
25 charged with a violation of subsection (a) of Section 31-6 or
26 Section 32-10 of the Criminal Code of 1961 when the minor is
27 subject to prosecution under the criminal laws of this State
28 as a result of the application of the provisions of Section
29 5-125, or subsection (1) or (2) of this Section. These
30 charges and all other charges arising out of the same
31 incident shall be prosecuted under the criminal laws of this
32 State.
33 (b) (i) If before trial or plea an information or
34 indictment is filed that does not charge an offense specified
-758- LRB9111045EGfg
1 in paragraph (a) of this subsection (5), the State's Attorney
2 may proceed on any lesser charge or charges, but only in
3 Juvenile Court under the provisions of this Article. The
4 State's Attorney may proceed under the criminal laws of this
5 State on a lesser charge if before trial the minor defendant
6 knowingly and with advice of counsel waives, in writing, his
7 or her right to have the matter proceed in Juvenile Court.
8 (ii) If before trial or plea an information or
9 indictment is filed that includes one or more charges
10 specified in paragraph (a) of this subsection (5) and
11 additional charges that are not specified in that paragraph,
12 all of the charges arising out of the same incident shall be
13 prosecuted under the criminal laws of this State.
14 (c) (i) If after trial or plea the minor is convicted of
15 any offense covered by paragraph (a) of this subsection (5),
16 then, in sentencing the minor, the court shall have available
17 any or all dispositions prescribed for that offense under
18 Chapter V of the Unified Code of Corrections.
19 (ii) If after trial or plea the court finds that the
20 minor committed an offense not covered by paragraph (a) of
21 this subsection (5), the conviction shall not invalidate the
22 verdict or the prosecution of the minor under the criminal
23 laws of this State; however, unless the State requests a
24 hearing for the purpose of sentencing the minor under Chapter
25 V of the Unified Code of Corrections, the Court must proceed
26 under Sections 5-705 and 5-710 of this Article. To request a
27 hearing, the State must file a written motion within 10 days
28 following the entry of a finding or the return of a verdict.
29 Reasonable notice of the motion shall be given to the minor
30 or his or her counsel. If the motion is made by the State,
31 the court shall conduct a hearing to determine if whether the
32 minor should be sentenced under Chapter V of the Unified Code
33 of Corrections. In making its determination, the court shall
34 consider among other matters: (a) whether there is evidence
-759- LRB9111045EGfg
1 that the offense was committed in an aggressive and
2 premeditated manner; (b) the age of the minor; (c) the
3 previous delinquent history of the minor; (d) whether there
4 are facilities particularly available to the Juvenile Court
5 or the Department of Corrections, Juvenile Division, for the
6 treatment and rehabilitation of the minor; (e) whether the
7 security of the public requires sentencing under Chapter V of
8 the Unified Code of Corrections; and (f) whether the minor
9 possessed a deadly weapon when committing the offense. The
10 rules of evidence shall be the same as if at trial. If after
11 the hearing the court finds that the minor should be
12 sentenced under Chapter V of the Unified Code of Corrections,
13 then the court shall sentence the minor accordingly having
14 available to it any or all dispositions so prescribed.
15 (6) The definition of delinquent minor under Section
16 5-120 of this Article shall not apply to any minor who,
17 pursuant to subsection (1), (2), or (3) or Section 5-805, or
18 5-810, has previously been placed under the jurisdiction of
19 the criminal court and has been convicted of a crime under an
20 adult criminal or penal statute. Such a minor shall be
21 subject to prosecution under the criminal laws of this State.
22 (7) The procedures set out in this Article for the
23 investigation, arrest and prosecution of juvenile offenders
24 shall not apply to minors who are excluded from jurisdiction
25 of the Juvenile Court, except that minors under 17 years of
26 age shall be kept separate from confined adults.
27 (8) Nothing in this Act prohibits or limits the
28 prosecution of any minor for an offense committed on or after
29 his or her 17th birthday even though he or she is at the time
30 of the offense a ward of the court.
31 (9) If an original petition for adjudication of wardship
32 alleges the commission by a minor 13 years of age or over of
33 an act that constitutes a crime under the laws of this State,
34 the minor, with the consent of his or her counsel, may, at
-760- LRB9111045EGfg
1 any time before commencement of the adjudicatory hearing,
2 file with the court a motion that criminal prosecution be
3 ordered and that the petition be dismissed insofar as the act
4 or acts involved in the criminal proceedings are concerned.
5 If such a motion is filed as herein provided, the court shall
6 enter its order accordingly.
7 (Source: P.A. 90-590, eff. 1-1-99; 91-15, eff. 1-1-00;
8 91-673, eff. 12-22-99; revised 1-7-00.)
9 (705 ILCS 405/5-615)
10 Sec. 5-615. Continuance under supervision.
11 (1) The court may enter an order of continuance under
12 supervision for an offense other than first degree murder, a
13 Class X felony or a forcible felony (a) upon an admission or
14 stipulation by the appropriate respondent or minor respondent
15 of the facts supporting the petition and before proceeding to
16 adjudication, or after hearing the evidence at the trial, and
17 (b) in the absence of objection made in open court by the
18 minor, his or her parent, guardian, or legal custodian, the
19 minor's attorney or the State's Attorney.
20 (2) If the minor, his or her parent, guardian, or legal
21 custodian, the minor's attorney or State's Attorney objects
22 in open court to any continuance and insists upon proceeding
23 to findings and adjudication, the court shall so proceed.
24 (3) Nothing in this Section limits the power of the
25 court to order a continuance of the hearing for the
26 production of additional evidence or for any other proper
27 reason.
28 (4) When a hearing where a minor is alleged to be a
29 delinquent is continued pursuant to this Section, the period
30 of continuance under supervision may not exceed 24 months.
31 The court may terminate a continuance under supervision at
32 any time if warranted by the conduct of the minor and the
33 ends of justice.
-761- LRB9111045EGfg
1 (5) When a hearing where a minor is alleged to be
2 delinquent is continued pursuant to this Section, the court
3 may, as conditions of the continuance under supervision,
4 require the minor to do any of the following:
5 (a) not violate any criminal statute of any
6 jurisdiction;
7 (b) make a report to and appear in person before
8 any person or agency as directed by the court;
9 (c) work or pursue a course of study or vocational
10 training;
11 (d) undergo medical or psychotherapeutic treatment
12 rendered by a therapist licensed under the provisions of
13 the Medical Practice Act of 1987, the Clinical
14 Psychologist Licensing Act, or the Clinical Social Work
15 and Social Work Practice Act, or an entity licensed by
16 the Department of Human Services as a successor to the
17 Department of Alcoholism and Substance Abuse, for the
18 provision of drug addiction and alcoholism treatment;
19 (e) attend or reside in a facility established for
20 the instruction or residence of persons on probation;
21 (f) support his or her dependents, if any;
22 (g) pay costs;
23 (h) refrain from possessing a firearm or other
24 dangerous weapon, or an automobile;
25 (i) permit the probation officer to visit him or
26 her at his or her home or elsewhere;
27 (j) reside with his or her parents or in a foster
28 home;
29 (k) attend school;
30 (l) attend a non-residential program for youth;
31 (m) contribute to his or her own support at home or
32 in a foster home;
33 (n) perform some reasonable public or community
34 service;
-762- LRB9111045EGfg
1 (o) make restitution to the victim, in the same
2 manner and under the same conditions as provided in
3 subsection (4) of Section 5-710, except that the
4 "sentencing hearing" referred to in that Section shall be
5 the adjudicatory hearing for purposes of this Section;
6 (p) comply with curfew requirements as designated
7 by the court;
8 (q) refrain from entering into a designated
9 geographic area except upon terms as the court finds
10 appropriate. The terms may include consideration of the
11 purpose of the entry, the time of day, other persons
12 accompanying the minor, and advance approval by a
13 probation officer;
14 (r) refrain from having any contact, directly or
15 indirectly, with certain specified persons or particular
16 types of persons, including but not limited to members of
17 street gangs and drug users or dealers;
18 (r-5) undergo a medical or other procedure to have
19 a tattoo symbolizing allegiance to a street gang removed
20 from his or her body;
21 (s) refrain from having in his or her body the
22 presence of any illicit drug prohibited by the Cannabis
23 Control Act or the Illinois Controlled Substances Act,
24 unless prescribed by a physician, and submit samples of
25 his or her blood or urine or both for tests to determine
26 the presence of any illicit drug; or
27 (t) comply with any other conditions as may be
28 ordered by the court.
29 (6) A minor whose case is continued under supervision
30 under subsection (5) shall be given a certificate setting
31 forth the conditions imposed by the court. Those conditions
32 may be reduced, enlarged, or modified by the court on motion
33 of the probation officer or on its own motion, or that of the
34 State's Attorney, or, at the request of the minor after
-763- LRB9111045EGfg
1 notice and hearing.
2 (7) If a petition is filed charging a violation of a
3 condition of the continuance under supervision, the court
4 shall conduct a hearing. If the court finds that a condition
5 of supervision has not been fulfilled, the court may proceed
6 to findings and adjudication and disposition. The filing of
7 a petition for violation of a condition of the continuance
8 under supervision shall toll the period of continuance under
9 supervision until the final determination of the charge, and
10 the term of the continuance under supervision shall not run
11 until the hearing and disposition of the petition for
12 violation; provided where the petition alleges conduct that
13 does not constitute a criminal offense, the hearing must be
14 held within 30 days of the filing of the petition unless a
15 delay shall continue the tolling of the period of continuance
16 under supervision for the period of the delay.
17 (8) When a hearing in which a minor is alleged to be a
18 delinquent for reasons that include a violation of Section
19 21-1.3 of the Criminal Code of 1961 is continued under this
20 Section, the court shall, as a condition of the continuance
21 under supervision, require the minor to perform community
22 service for not less than 30 and not more than 120 hours, if
23 community service is available in the jurisdiction. The
24 community service shall include, but need not be limited to,
25 the cleanup and repair of the damage that was caused by the
26 alleged violation or similar damage to property located in
27 the municipality or county in which the alleged violation
28 occurred. The condition may be in addition to any other
29 condition.
30 (9) When a hearing in which a minor is alleged to be a
31 delinquent is continued under this Section, the court, before
32 continuing the case, shall make a finding whether the offense
33 alleged to have been committed either: (i) was related to or
34 in furtherance of the activities of an organized gang or was
-764- LRB9111045EGfg
1 motivated by the minor's membership in or allegiance to an
2 organized gang, or (ii) is a violation of paragraph (13) of
3 subsection (a) of Section 12-2 of the Criminal Code of 1961,
4 a violation of any Section of Article 24 of the Criminal Code
5 of 1961, or a violation of any statute that involved the
6 unlawful use of a firearm. If the court determines the
7 question in the affirmative the court shall, as a condition
8 of the continuance under supervision and as part of or in
9 addition to any other condition of the supervision, require
10 the minor to perform community service for not less than 30
11 hours, provided that community service is available in the
12 jurisdiction and is funded and approved by the county board
13 of the county where the offense was committed. The community
14 service shall include, but need not be limited to, the
15 cleanup and repair of any damage caused by an alleged
16 violation of Section 21-1.3 of the Criminal Code of 1961 and
17 similar damage to property located in the municipality or
18 county in which the alleged violation occurred. When
19 possible and reasonable, the community service shall be
20 performed in the minor's neighborhood. For the purposes of
21 this Section, "organized gang" has the meaning ascribed to it
22 in Section 10 of the Illinois Streetgang Terrorism Omnibus
23 Prevention Act.
24 (10) The court shall impose upon a minor placed on
25 supervision, as a condition of the supervision, a fee of $25
26 for each month of supervision ordered by the court, unless
27 after determining the inability of the minor placed on
28 supervision to pay the fee, the court assesses a lesser
29 amount. The court may not impose the fee on a minor who is
30 made a ward of the State under this Act while the minor is in
31 placement. The fee shall be imposed only upon a minor who is
32 actively supervised by the probation and court services
33 department. A court may order the parent, guardian, or legal
34 custodian of the minor to pay some or all of the fee on the
-765- LRB9111045EGfg
1 minor's behalf.
2 (Source: P.A. 90-590, eff. 1-1-99; 91-98; eff. 1-1-00;
3 91-332, eff. 7-29-99; revised 10-7-99.)
4 Section 88. The Criminal Code of 1961 is amended by
5 changing Sections 9-3, 11-14, 11-15, 11-18, 11-19, 11-20.1,
6 12-3.2, 12-4, 12-9, 12-14.1, 16-1, 17-2, 24-1.2, 24-3, 26-1,
7 33C-5, and 33E-2 and the heading to Article 20.5 and by
8 changing and renumbering multiple versions of Section 17-23
9 as follows:
10 (720 ILCS 5/9-3) (from Ch. 38, par. 9-3)
11 Sec. 9-3. Involuntary Manslaughter and Reckless
12 Homicide.
13 (a) A person who unintentionally kills an individual
14 without lawful justification commits involuntary manslaughter
15 if his acts whether lawful or unlawful which cause the death
16 are such as are likely to cause death or great bodily harm to
17 some individual, and he performs them recklessly, except in
18 cases in which the cause of the death consists of the driving
19 of a motor vehicle or operating a snowmobile, all-terrain
20 vehicle, or watercraft, in which case the person commits
21 reckless homicide.
22 (b) In cases involving reckless homicide, being under
23 the influence of alcohol or any other drug or drugs at the
24 time of the alleged violation shall be presumed to be
25 evidence of a reckless act unless disproved by evidence to
26 the contrary.
27 (c) For the purposes of this Section, a person shall be
28 considered to be under the influence of alcohol or other
29 drugs while:
30 1. The alcohol concentration in the person's blood
31 or breath is 0.08 or more based on the definition of
32 blood and breath units in Section 11-501.2 of the
-766- LRB9111045EGfg
1 Illinois Vehicle Code;
2 2. Under the influence of alcohol to a degree that
3 renders the person incapable of safely driving a motor
4 vehicle or operating a snowmobile, all-terrain vehicle,
5 or watercraft;
6 3. Under the influence of any other drug or
7 combination of drugs to a degree that renders the person
8 incapable of safely driving a motor vehicle or operating
9 a snowmobile, all-terrain vehicle, or watercraft; or
10 4. Under the combined influence of alcohol and any
11 other drug or drugs to a degree which renders the person
12 incapable of safely driving a motor vehicle or operating
13 a snowmobile, all-terrain vehicle, or watercraft.
14 (d) Sentence.
15 (1) Involuntary manslaughter is a Class 3 felony.
16 (2) Reckless homicide is a Class 3 felony.
17 (e) Except as otherwise provided in subsection (e-5), in
18 cases involving reckless homicide in which the defendant was
19 determined to have been under the influence of alcohol or any
20 other drug or drugs as an element of the offense, or in cases
21 in which the defendant is proven beyond a reasonable doubt to
22 have been under the influence of alcohol or any other drug or
23 drugs, the penalty shall be a Class 2 felony, for which a
24 person, if sentenced to a term of imprisonment, shall be
25 sentenced to a term of not less than 3 years and not more
26 than 14 years.
27 (e-5) In cases involving reckless homicide in which the
28 defendant was determined to have been under the influence of
29 alcohol or any other drug or drugs as an element of the
30 offense, or in cases in which the defendant is proven beyond
31 a reasonable doubt to have been under the influence of
32 alcohol or any other drug or drugs, if the defendant kills 2
33 or more individuals as part of a single course of conduct,
34 the penalty is a Class 2 felony, for which a person, if
-767- LRB9111045EGfg
1 sentenced to a term of imprisonment, shall be sentenced to a
2 term of not less than 6 years and not more than 28 years.
3 (f) In cases involving involuntary manslaughter in which
4 the victim was a family or household member as defined in
5 paragraph (3) of Section 112A-3 of the Code of Criminal
6 Procedure of 1963, the penalty shall be a Class 2 felony, for
7 which a person if sentenced to a term of imprisonment, shall
8 be sentenced to a term of not less than 3 years and not more
9 than 14 years.
10 (Source: P.A. 90-43, eff. 7-2-97; 90-119, eff. 1-1-98;
11 90-655, eff. 7-30-98; 91-6, eff. 1-1-00; 91-122, eff. 1-1-00;
12 revised 10-8-99.)
13 (720 ILCS 5/11-14) (from Ch. 38, par. 11-14)
14 Sec. 11-14. Prostitution.
15 (a) Any person who performs, offers or agrees to perform
16 any act of sexual penetration as defined in Section 12-12 of
17 this Code for any money, property, token, object, or article
18 or anything of value, or any touching or fondling of the sex
19 organs of one person by another person, for any money,
20 property, token, object, or article or anything of value, for
21 the purpose of sexual arousal or gratification commits an act
22 of prostitution.
23 (b) Sentence.
24 Prostitution is a Class A misdemeanor. A person convicted
25 of a second or subsequent violation of this Section, or of
26 any combination of such number of convictions under this
27 Section and Sections 11-15 , 11-17, 11-18, 11-18.1 and 11-19
28 of this Code is guilty of a Class 4 felony. When a person has
29 one or more prior convictions, the information or indictment
30 charging that person shall state such prior conviction so as
31 to give notice of the State's intention to treat the charge
32 as a felony. The fact of such prior conviction is not an
33 element of the offense and may not be disclosed to the jury
-768- LRB9111045EGfg
1 during trial unless otherwise permitted by issues properly
2 raised during such trial.
3 (c) A person who violates this Section within 1,000 feet
4 of real property comprising a school commits a Class 4
5 felony.
6 (Source: P.A. 91-274, eff. 1-1-00; 91-498, eff. 1-1-00;
7 revised 10-20-99.)
8 (720 ILCS 5/11-15) (from Ch. 38, par. 11-15)
9 Sec. 11-15. Soliciting for a prostitute.
10 (a) Any person who performs any of the following acts
11 commits soliciting for a prostitute:
12 (1) Solicits another for the purpose of
13 prostitution; or
14 (2) Arranges or offers to arrange a meeting of
15 persons for the purpose of prostitution; or
16 (3) Directs another to a place knowing such
17 direction is for the purpose of prostitution.
18 (b) Sentence. Soliciting for a prostitute is a Class A
19 misdemeanor. A person convicted of a second or subsequent
20 violation of this Section, or of any combination of such
21 number of convictions under this Section and Sections 11-14,
22 11-17, 11-18, 11-18.1 and 11-19 of this Code is guilty of a
23 Class 4 felony. When a person has one or more prior
24 convictions, the information or indictment charging that
25 person shall state such prior conviction so as to give notice
26 of the State's intention to treat the charge as a felony.
27 The fact of such prior conviction is not an element of the
28 offense and may not be disclosed to the jury during trial
29 unless otherwise permitted by issues properly raised during
30 such trial.
31 (b-5) (c) A person who violates this Section within
32 1,000 feet of real property comprising a school commits a
33 Class 4 felony.
-769- LRB9111045EGfg
1 (c) A peace officer who arrests a person for a violation
2 of this Section may impound any vehicle used by the person in
3 the commission of the offense. The person may recover the
4 vehicle from the impound after a minimum of 2 hours after
5 arrest upon payment of a fee of $200. The fee shall be
6 distributed to the unit of government whose peace officers
7 made the arrest for a violation of this Section. This $200
8 fee includes the costs incurred by the unit of government to
9 tow the vehicle to the impound. Upon the presentation of a
10 signed court order by the defendant whose vehicle was
11 impounded showing that the defendant has been acquitted of
12 the offense of soliciting for a prostitute or that the
13 charges have been dismissed against the defendant for that
14 offense, the municipality shall refund the $200 fee to the
15 defendant.
16 (Source: P.A. 91-274, eff. 1-1-00; 91-498, eff. 1-1-00;
17 revised 10-20-99.)
18 (720 ILCS 5/11-18) (from Ch. 38, par. 11-18)
19 Sec. 11-18. Patronizing a prostitute.
20 (a) Any person who performs any of the following acts
21 with a person not his or her spouse commits the offense of
22 patronizing a prostitute:
23 (1) Engages in an act of sexual penetration as
24 defined in Section 12-12 of this Code with a prostitute;
25 or
26 (2) Enters or remains in a place of prostitution
27 with intent to engage in an act of sexual penetration as
28 defined in Section 12-12 of this Code.
29 (b) Sentence.
30 Patronizing a prostitute is a Class A misdemeanor. A
31 person convicted of a second or subsequent violation of this
32 Section, or of any combination of such number of convictions
33 under this Section and Sections 11-14, 11-15, 11-17, 11-18.1
-770- LRB9111045EGfg
1 and 11-19 of this Code, is guilty of a Class 4 felony. When
2 a person has one or more prior convictions, the information
3 or indictment charging that person shall state such prior
4 convictions so as to give notice of the State's intention to
5 treat the charge as a felony. The fact of such conviction is
6 not an element of the offense and may not be disclosed to the
7 jury during trial unless otherwise permitted by issues
8 properly raised during such trial.
9 (c) A person who violates this Section within 1,000 feet
10 of real property comprising a school commits a Class 4
11 felony.
12 (Source: P.A. 91-274, eff. 1-1-00; 91-498, eff. 1-1-00;
13 revised 10-20-99.)
14 (720 ILCS 5/11-19) (from Ch. 38, par. 11-19)
15 Sec. 11-19. Pimping.
16 (a) Any person who receives any money, property, token,
17 object, or article or anything of value from a prostitute,
18 not for a lawful consideration, knowing it was earned in
19 whole or in part from the practice of prostitution, commits
20 pimping.
21 (b) Sentence.
22 Pimping is a Class A misdemeanor. A person convicted of a
23 second or subsequent violation of this Section, or of any
24 combination of such number of convictions under this Section
25 and Sections 11-14, 11-15, 11-17, 11-18 and 11-18.1 of this
26 Code is guilty of a Class 4 felony. When a person has one or
27 more prior convictions, the information or indictment
28 charging that person shall state such prior conviction so as
29 to give notice of the State's intention to treat the charge
30 as a felony. The fact of such conviction is not an element
31 of the offense and may not be disclosed to the jury during
32 trial unless otherwise permitted by issues properly raised
33 during such trial.
-771- LRB9111045EGfg
1 (c) A person who violates this Section within 1,000 feet
2 of real property comprising a school commits a Class 4
3 felony.
4 (Source: P.A. 91-274, eff. 1-1-00; 91-498, eff. 1-1-00;
5 revised 10-20-99.)
6 (720 ILCS 5/11-20.1) (from Ch. 38, par. 11-20.1)
7 Sec. 11-20.1. Child pornography.
8 (a) A person commits the offense of child pornography
9 who:
10 (1) films, videotapes, photographs, or otherwise
11 depicts or portrays by means of any similar visual medium
12 or reproduction or depicts by computer any child whom he
13 knows or reasonably should know to be under the age of 18
14 or any institutionalized severely or profoundly mentally
15 retarded person where such child or institutionalized
16 severely or profoundly mentally retarded person is:
17 (i) actually or by simulation engaged in any
18 act of sexual intercourse with any person or animal;
19 or
20 (ii) actually or by simulation engaged in any
21 act of sexual contact involving the sex organs of
22 the child or institutionalized severely or
23 profoundly mentally retarded person and the mouth,
24 anus, or sex organs of another person or animal; or
25 which involves the mouth, anus or sex organs of the
26 child or institutionalized severely or profoundly
27 mentally retarded person and the sex organs of
28 another person or animal; or
29 (iii) actually or by simulation engaged in any
30 act of masturbation; or
31 (iv) actually or by simulation portrayed as
32 being the object of, or otherwise engaged in, any
33 act of lewd fondling, touching, or caressing
-772- LRB9111045EGfg
1 involving another person or animal; or
2 (v) actually or by simulation engaged in any
3 act of excretion or urination within a sexual
4 context; or
5 (vi) actually or by simulation portrayed or
6 depicted as bound, fettered, or subject to sadistic,
7 masochistic, or sadomasochistic abuse in any sexual
8 context; or
9 (vii) depicted or portrayed in any pose,
10 posture or setting involving a lewd exhibition of
11 the unclothed genitals, pubic area, buttocks, or, if
12 such person is female, a fully or partially
13 developed breast of the child or other person; or
14 (2) with the knowledge of the nature or content
15 thereof, reproduces, disseminates, offers to disseminate,
16 exhibits or possesses with intent to disseminate any
17 film, videotape, photograph or other similar visual
18 reproduction or depiction by computer of any child or
19 institutionalized severely or profoundly mentally
20 retarded person whom the person knows or reasonably
21 should know to be under the age of 18 or to be an
22 institutionalized severely or profoundly mentally
23 retarded person, engaged in any activity described in
24 subparagraphs (i) through (vii) of paragraph (1) of this
25 subsection; or
26 (3) with knowledge of the subject matter or theme
27 thereof, produces any stage play, live performance, film,
28 videotape or other similar visual portrayal or depiction
29 by computer which includes a child whom the person knows
30 or reasonably should know to be under the age of 18 or an
31 institutionalized severely or profoundly mentally
32 retarded person engaged in any activity described in
33 subparagraphs (i) through (vii) of paragraph (1) of this
34 subsection; or
-773- LRB9111045EGfg
1 (4) solicits, uses, persuades, induces, entices, or
2 coerces any child whom he knows or reasonably should know
3 to be under the age of 18 or an institutionalized
4 severely or profoundly mentally retarded person to appear
5 in any stage play, live presentation, film, videotape,
6 photograph or other similar visual reproduction or
7 depiction by computer in which the child or
8 institutionalized severely or profoundly mentally
9 retarded person is or will be depicted, actually or by
10 simulation, in any act, pose or setting described in
11 subparagraphs (i) through (vii) of paragraph (1) of this
12 subsection; or
13 (5) is a parent, step-parent, legal guardian or
14 other person having care or custody of a child whom the
15 person knows or reasonably should know to be under the
16 age of 18 or an institutionalized severely or profoundly
17 mentally retarded person and who knowingly permits,
18 induces, promotes, or arranges for such child or
19 institutionalized severely or profoundly mentally
20 retarded person to appear in any stage play, live
21 performance, film, videotape, photograph or other similar
22 visual presentation, portrayal or simulation or depiction
23 by computer of any act or activity described in
24 subparagraphs (i) through (vii) of paragraph (1) of this
25 subsection; or
26 (6) with knowledge of the nature or content
27 thereof, possesses any film, videotape, photograph or
28 other similar visual reproduction or depiction by
29 computer of any child or institutionalized severely or
30 profoundly mentally retarded person whom the person knows
31 or reasonably should know to be under the age of 18 or to
32 be an institutionalized severely or profoundly mentally
33 retarded person, engaged in any activity described in
34 subparagraphs (i) through (vii) of paragraph (1) of this
-774- LRB9111045EGfg
1 subsection; or
2 (7) solicits, uses, persuades, induces, entices, or
3 coerces a person to provide a child under the age of 18
4 or an institutionalized severely or profoundly mentally
5 retarded person to appear in any videotape, photograph,
6 film, stage play, live presentation, or other similar
7 visual reproduction or depiction by computer in which the
8 child or an institutionalized severely or profoundly
9 mentally retarded person will be depicted, actually or by
10 simulation, in any act, pose, or setting described in
11 subparagraphs (i) through (vii) of paragraph (1) of this
12 subsection.
13 (b) (1) It shall be an affirmative defense to a charge
14 of child pornography that the defendant reasonably believed,
15 under all of the circumstances, that the child was 18 years
16 of age or older or that the person was not an
17 institutionalized severely or profoundly mentally retarded
18 person but only where, prior to the act or acts giving rise
19 to a prosecution under this Section, he took some affirmative
20 action or made a bonafide inquiry designed to ascertain
21 whether the child was 18 years of age or older or that the
22 person was not an institutionalized severely or profoundly
23 mentally retarded person and his reliance upon the
24 information so obtained was clearly reasonable.
25 (2) (Blank).
26 (3) The charge of child pornography shall not apply
27 to the performance of official duties by law enforcement
28 or prosecuting officers, court personnel or attorneys,
29 nor to bonafide treatment or professional education
30 programs conducted by licensed physicians, psychologists
31 or social workers.
32 (4) Possession by the defendant of more than one of
33 the same film, videotape or visual reproduction or
34 depiction by computer in which child pornography is
-775- LRB9111045EGfg
1 depicted shall raise a rebuttable presumption that the
2 defendant possessed such materials with the intent to
3 disseminate them.
4 (5) The charge of child pornography does not apply
5 to a person who does not voluntarily possess a film,
6 videotape, or visual reproduction or depiction by
7 computer in which child pornography is depicted.
8 Possession is voluntary if the defendant knowingly
9 procures or receives a film, videotape, or visual
10 reproduction or depiction for a sufficient time to be
11 able to terminate his or her possession.
12 (c) Violation of paragraph (1), (4), (5), or (7) of
13 subsection (a) is a Class 1 felony with a mandatory minimum
14 fine of $2,000 and a maximum fine of $100,000. Violation of
15 paragraph (3) of subsection (a) is a Class 1 felony with a
16 mandatory minimum fine of $1500 and a maximum fine of
17 $100,000. Violation of paragraph (2) of subsection (a) is a
18 Class 1 felony with a mandatory minimum fine of $1000 and a
19 maximum fine of $100,000. Violation of paragraph (6) of
20 subsection (a) is a Class 3 felony with a mandatory minimum
21 fine of $1000 and a maximum fine of $100,000.
22 (d) If a person is convicted of a second or subsequent
23 violation of this Section within 10 years of a prior
24 conviction, the court shall order a presentence psychiatric
25 examination of the person. The examiner shall report to the
26 court whether treatment of the person is necessary.
27 (e) Any film, videotape, photograph or other similar
28 visual reproduction or depiction by computer which includes a
29 child under the age of 18 or an institutionalized severely or
30 profoundly mentally retarded person engaged in any activity
31 described in subparagraphs (i) through (vii) or paragraph 1
32 of subsection (a), and any material or equipment used or
33 intended for use in photographing, filming, printing,
34 producing, reproducing, manufacturing, projecting,
-776- LRB9111045EGfg
1 exhibiting, depiction by computer, or disseminating such
2 material shall be seized and forfeited in the manner, method
3 and procedure provided by Section 36-1 of this Code for the
4 seizure and forfeiture of vessels, vehicles and aircraft.
5 (e-5) Upon the conclusion of a case brought under this
6 Section, the court shall seal all evidence depicting a victim
7 or witness that is sexually explicit. The evidence may be
8 unsealed and viewed, on a motion of the party seeking to
9 unseal and view the evidence, only for good cause shown and
10 in the discretion of the court. The motion must expressly
11 set forth the purpose for viewing the material. The State's
12 attorney and the victim, if possible, shall be provided
13 reasonable notice of the hearing on the motion to unseal the
14 evidence. Any person entitled to notice of a hearing under
15 this subsection (e-5) may object to the motion.
16 (f) Definitions. For the purposes of this Section:
17 (1) "Disseminate" means (i) to sell, distribute,
18 exchange or transfer possession, whether with or without
19 consideration or (ii) to make a depiction by computer
20 available for distribution or downloading through the
21 facilities of any telecommunications network or through
22 any other means of transferring computer programs or data
23 to a computer;
24 (2) "Produce" means to direct, promote, advertise,
25 publish, manufacture, issue, present or show;
26 (3) "Reproduce" means to make a duplication or
27 copy;
28 (4) "Depict by computer" means to generate or
29 create, or cause to be created or generated, a computer
30 program or data that, after being processed by a computer
31 either alone or in conjunction with one or more computer
32 programs, results in a visual depiction on a computer
33 monitor, screen, or display.
34 (5) "Depiction by computer" means a computer
-777- LRB9111045EGfg
1 program or data that, after being processed by a computer
2 either alone or in conjunction with one or more computer
3 programs, results in a visual depiction on a computer
4 monitor, screen, or display.
5 (6) "Computer", "computer program", and "data" have
6 the meanings ascribed to them in Section 16D-2 of this
7 Code.
8 (7) "Child" includes a film, videotape, photograph,
9 or other similar visual medium or reproduction or
10 depiction by computer that is, or appears to be, that of
11 a person, either in part, or in total, under the age of
12 18, regardless of the method by which the film,
13 videotape, photograph, or other similar visual medium or
14 reproduction or depiction by computer is created,
15 adopted, or modified to appear as such. "Child" also
16 includes a film, videotape, photograph, or other similar
17 visual medium or reproduction or depiction by computer
18 that is advertised, promoted, presented, described, or
19 distributed in such a manner that conveys the impression
20 that the film, videotape, photograph, or other similar
21 visual medium or reproduction or depiction by computer is
22 of a person under the age of 18.
23 (g) Re-enactment; findings; purposes.
24 (1) The General Assembly finds and declares that:
25 (i) Section 50-5 of Public Act 88-680,
26 effective January 1, 1995, contained provisions
27 amending the child pornography statute, Section
28 11-20.1 of the Criminal Code of 1961. Section 50-5
29 also contained other provisions.
30 (ii) In addition, Public Act 88-680 was
31 entitled "AN ACT to create a Safe Neighborhoods
32 Law". (A) Article 5 was entitled JUVENILE JUSTICE
33 and amended the Juvenile Court Act of 1987. (B)
34 Article 15 was entitled GANGS and amended various
-778- LRB9111045EGfg
1 provisions of the Criminal Code of 1961 and the
2 Unified Code of Corrections. (C) Article 20 was
3 entitled ALCOHOL ABUSE and amended various
4 provisions of the Illinois Vehicle Code. (D)
5 Article 25 was entitled DRUG ABUSE and amended the
6 Cannabis Control Act and the Illinois Controlled
7 Substances Act. (E) Article 30 was entitled FIREARMS
8 and amended the Criminal Code of 1961 and the Code
9 of Criminal Procedure of 1963. (F) Article 35
10 amended the Criminal Code of 1961, the Rights of
11 Crime Victims and Witnesses Act, and the Unified
12 Code of Corrections. (G) Article 40 amended the
13 Criminal Code of 1961 to increase the penalty for
14 compelling organization membership of persons. (H)
15 Article 45 created the Secure Residential Youth Care
16 Facility Licensing Act and amended the State Finance
17 Act, the Juvenile Court Act of 1987, the Unified
18 Code of Corrections, and the Private Correctional
19 Facility Moratorium Act. (I) Article 50 amended the
20 WIC Vendor Management Act, the Firearm Owners
21 Identification Card Act, the Juvenile Court Act of
22 1987, the Criminal Code of 1961, the Wrongs to
23 Children Act, and the Unified Code of Corrections.
24 (iii) On September 22, 1998, the Third
25 District Appellate Court in People v. Dainty, 701
26 N.E. 2d 118, ruled that Public Act 88-680 violates
27 the single subject clause of the Illinois
28 Constitution (Article IV, Section 8 (d)) and was
29 unconstitutional in its entirety. As of the time
30 this amendatory Act of 1999 was prepared, People v.
31 Dainty was still subject to appeal.
32 (iv) Child pornography is a vital concern to
33 the people of this State and the validity of future
34 prosecutions under the child pornography statute of
-779- LRB9111045EGfg
1 the Criminal Code of 1961 is in grave doubt.
2 (2) It is the purpose of this amendatory Act of
3 1999 to prevent or minimize any problems relating to
4 prosecutions for child pornography that may result from
5 challenges to the constitutional validity of Public Act
6 88-680 by re-enacting the Section relating to child
7 pornography that was included in Public Act 88-680.
8 (3) This amendatory Act of 1999 re-enacts Section
9 11-20.1 of the Criminal Code of 1961, as it has been
10 amended. This re-enactment is intended to remove any
11 question as to the validity or content of that Section;
12 it is not intended to supersede any other Public Act that
13 amends the text of the Section as set forth in this
14 amendatory Act of 1999. The material is shown as
15 existing text (i.e., without underscoring) because, as
16 of the time this amendatory Act of 1999 was prepared,
17 People v. Dainty was subject to appeal to the Illinois
18 Supreme Court.
19 (4) The re-enactment by this amendatory Act of 1999
20 of Section 11-20.1 of the Criminal Code of 1961 relating
21 to child pornography that was amended by Public Act
22 88-680 is not intended, and shall not be construed, to
23 imply that Public Act 88-680 is invalid or to limit or
24 impair any legal argument concerning whether those
25 provisions were substantially re-enacted by other Public
26 Acts.
27 (Source: P.A. 90-68, eff. 7-8-97; 90-678, eff. 7-31-98;
28 90-786, eff. 1-1-99; 91-54, eff. 6-30-99; 91-229, eff.
29 1-1-00; 91-357, eff. 7-29-99; revised 8-30-99.)
30 (720 ILCS 5/12-3.2) (from Ch. 38, par. 12-3.2)
31 Sec. 12-3.2. Domestic Battery.
32 (a) A person commits domestic battery if he
33 intentionally or knowingly without legal justification by any
-780- LRB9111045EGfg
1 means:
2 (1) Causes bodily harm to any family or household
3 member as defined in subsection (3) of Section 112A-3 of
4 the Code of Criminal Procedure of 1963, as amended;
5 (2) Makes physical contact of an insulting or
6 provoking nature with any family or household member as
7 defined in subsection (3) of Section 112A-3 of the Code
8 of Criminal Procedure of 1963, as amended.
9 (b) Sentence. Domestic battery is a Class A
10 Misdemeanor. Domestic battery is a Class 4 felony if the
11 defendant has any prior conviction under this Code for
12 domestic battery (Section 12-3.2) or violation of an order of
13 protection (Section 12-30). Domestic battery is a Class 4
14 felony if the defendant has any prior conviction under this
15 Code for aggravated battery (Section 12-4), stalking (Section
16 12-7.3), aggravated stalking (Section 12-7.4), unlawful
17 restraint (Section 10-3), or aggravated unlawful restraint
18 (Section 10-3.1), when any of these offenses have been
19 committed against a family or household member as defined in
20 Section 112A-3 of the Code of Criminal Procedure of 1963. In
21 addition to any other sentencing alternatives, for any second
22 conviction of violating this Section within 5 years of a
23 previous conviction for violating this Section, the offender
24 shall be mandatorily sentenced to a minimum of 48 consecutive
25 hours of imprisonment. The imprisonment shall not be subject
26 to suspension, nor shall the person be eligible for probation
27 in order to reduce the sentence.
28 (c) For any conviction for domestic battery, if a person
29 under 18 years of age who is the child of the offender or of
30 the victim was present and witnessed the domestic battery of
31 the victim, the defendant is liable for the cost of any
32 counseling required for the child at the discretion of the
33 court in accordance with subsection (b) of Section 5-5-6 of
34 the Unified Code of Corrections.
-781- LRB9111045EGfg
1 (Source: P.A. 90-734, eff. 1-1-99; 91-112, eff. 10-1-99;
2 91-262, eff. 1-1-00; revised 10-7-99.)
3 (720 ILCS 5/12-4) (from Ch. 38, par. 12-4)
4 Sec. 12-4. Aggravated Battery.
5 (a) A person who, in committing a battery, intentionally
6 or knowingly causes great bodily harm, or permanent
7 disability or disfigurement commits aggravated battery.
8 (b) In committing a battery, a person commits aggravated
9 battery if he or she:
10 (1) Uses a deadly weapon other than by the
11 discharge of a firearm;
12 (2) Is hooded, robed or masked, in such manner as
13 to conceal his identity;
14 (3) Knows the individual harmed to be a teacher or
15 other person employed in any school and such teacher or
16 other employee is upon the grounds of a school or grounds
17 adjacent thereto, or is in any part of a building used
18 for school purposes;
19 (4) Knows the individual harmed to be a supervisor,
20 director, instructor or other person employed in any park
21 district and such supervisor, director, instructor or
22 other employee is upon the grounds of the park or grounds
23 adjacent thereto, or is in any part of a building used
24 for park purposes;
25 (5) Knows the individual harmed to be a caseworker,
26 investigator, or other person employed by the State
27 Department of Public Aid, a County Department of Public
28 Aid, or the Department of Human Services (acting as
29 successor to the Illinois Department of Public Aid under
30 the Department of Human Services Act) and such
31 caseworker, investigator, or other person is upon the
32 grounds of a public aid office or grounds adjacent
33 thereto, or is in any part of a building used for public
-782- LRB9111045EGfg
1 aid purposes, or upon the grounds of a home of a public
2 aid applicant, recipient, or any other person being
3 interviewed or investigated in the employee's discharge
4 of his duties, or on grounds adjacent thereto, or is in
5 any part of a building in which the applicant, recipient,
6 or other such person resides or is located;
7 (6) Knows the individual harmed to be a peace
8 officer, a community policing volunteer, a correctional
9 institution employee, or a fireman while such officer,
10 volunteer, employee or fireman is engaged in the
11 execution of any official duties including arrest or
12 attempted arrest, or to prevent the officer, volunteer,
13 employee or fireman from performing official duties, or
14 in retaliation for the officer, volunteer, employee or
15 fireman performing official duties, and the battery is
16 committed other than by the discharge of a firearm;
17 (7) Knows the individual harmed to be an emergency
18 medical technician - ambulance, emergency medical
19 technician - intermediate, emergency medical technician -
20 paramedic, ambulance driver, other medical assistance,
21 first aid personnel, or hospital emergency room personnel
22 engaged in the performance of any of his or her official
23 duties, or to prevent the emergency medical technician -
24 ambulance, emergency medical technician - intermediate,
25 emergency medical technician - paramedic, ambulance
26 driver, other medical assistance, first aid personnel, or
27 hospital emergency room personnel from performing
28 official duties, or in retaliation for performing
29 official duties;
30 (8) Is, or the person battered is, on or about a
31 public way, public property or public place of
32 accommodation or amusement;
33 (9) Knows the individual harmed to be the driver,
34 operator, employee or passenger of any transportation
-783- LRB9111045EGfg
1 facility or system engaged in the business of
2 transportation of the public for hire and the individual
3 assaulted is then performing in such capacity or then
4 using such public transportation as a passenger or using
5 any area of any description designated by the
6 transportation facility or system as a vehicle boarding,
7 departure, or transfer location;
8 (10) Knowingly and without legal justification and
9 by any means causes bodily harm to an individual of 60
10 years of age or older;
11 (11) Knows the individual harmed is pregnant;
12 (12) Knows the individual harmed to be a judge whom
13 the person intended to harm as a result of the judge's
14 performance of his or her official duties as a judge;
15 (13) Knows the individual harmed to be an employee
16 of the Illinois Department of Children and Family
17 Services engaged in the performance of his authorized
18 duties as such employee;
19 (14) Knows the individual harmed to be a person who
20 is physically handicapped; or
21 (15) Knowingly and without legal justification and
22 by any means causes bodily harm to a merchant who detains
23 the person for an alleged commission of retail theft
24 under Section 16A-5 of this Code. In this item (15),
25 "merchant" has the meaning ascribed to it in Section
26 16A-2.4 of this Code.
27 For the purpose of paragraph (14) of subsection (b) of
28 this Section, a physically handicapped person is a person who
29 suffers from a permanent and disabling physical
30 characteristic, resulting from disease, injury, functional
31 disorder or congenital condition.
32 (c) A person who administers to an individual or causes
33 him to take, without his consent or by threat or deception,
34 and for other than medical purposes, any intoxicating,
-784- LRB9111045EGfg
1 poisonous, stupefying, narcotic, anesthetic, or controlled
2 substance commits aggravated battery.
3 (d) A person who knowingly gives to another person any
4 food that contains any substance or object that is intended
5 to cause physical injury if eaten, commits aggravated
6 battery.
7 (d-3) (d-5) A person commits aggravated battery when he
8 or she knowingly and without lawful justification shines or
9 flashes a laser gunsight or other laser device that is
10 attached or affixed to a firearm, or used in concert with a
11 firearm, so that the laser beam strikes upon or against the
12 person of another.
13 (d-5) An inmate of a penal institution who causes or
14 attempts to cause a correctional employee of the penal
15 institution to come into contact with blood, seminal fluid,
16 urine, or feces, by throwing, tossing, or expelling that
17 fluid or material commits aggravated battery. For purposes
18 of this subsection (d-5), "correctional employee" means a
19 person who is employed by a penal institution.
20 (e) Sentence.
21 Aggravated battery is a Class 3 felony.
22 (Source: P.A. 90-115, eff. 1-1-98; 90-651, eff. 1-1-99;
23 90-735, eff. 8-11-98; 91-357, eff. 7-29-99; 91-488, eff.
24 1-1-00; 91-619, eff. 1-1-00; 91-672, eff. 1-1-00; revised
25 1-7-00.)
26 (720 ILCS 5/12-9) (from Ch. 38, par. 12-9)
27 Sec. 12-9. Threatening public officials.
28 (a) A person commits the offense of threatening a public
29 official when:
30 (1) that person knowingly and willfully delivers or
31 conveys, directly or indirectly, to a public official by
32 any means a communication:
33 (i) containing a threat that would place the
-785- LRB9111045EGfg
1 public official or a member of his or her immediate
2 family in reasonable apprehension of immediate or
3 future bodily harm, sexual assault, confinement, or
4 restraint; or
5 (ii) containing a threat that would place the
6 public official or a member of his or her immediate
7 family in reasonable apprehension that damage will
8 occur to property in the custody, care, or control
9 of the public official or his or her immediate
10 family; and
11 (2) the threat was conveyed because of the
12 performance or nonperformance of some public duty,
13 because of hostility of the person making the threat
14 toward the status or position of the public official, or
15 because of any other factor related to the official's
16 public existence.
17 (b) For purposes of this Section:
18 (1) "Public official" means a person who is elected
19 to office in accordance with a statute or who is
20 appointed to an office which is established, and the
21 qualifications and duties of which are prescribed, by
22 statute, to discharge a public duty for the State or any
23 of its political subdivisions or in the case of an
24 elective office any person who has filed the required
25 documents for nomination or election to such office.;
26 "Public official" includes a duly appointed assistant
27 State's Attorney.;
28 (2) "Immediate family" means a public official's
29 spouse or, child or children.
30 (c) Threatening a public official is a Class 3 felony
31 for a first offense and a Class 2 felony for a second or
32 subsequent offense.
33 (Source: P.A. 91-335, eff. 1-1-00; 91-387, eff. 1-1-00;
34 revised 10-20-99.)
-786- LRB9111045EGfg
1 (720 ILCS 5/12-14.1)
2 Sec. 12-14.1. Predatory criminal sexual assault of a
3 child.
4 (a) The accused commits predatory criminal sexual
5 assault of a child if:
6 (1) the accused was 17 years of age or over and
7 commits an act of sexual penetration with a victim who
8 was under 13 years of age when the act was committed; or
9 (1.1) the accused was 17 years of age or over and,
10 while armed with a firearm, commits an act of sexual
11 penetration with a victim who was under 13 years of age
12 when the act was committed; or
13 (1.2) the accused was 17 years of age or over and
14 commits an act of sexual penetration with a victim who
15 was under 13 years of age when the act was committed and,
16 during the commission of the offense, the accused
17 personally discharged a firearm; or
18 (2) the accused was 17 years of age or over and
19 commits an act of sexual penetration with a victim who
20 was under 13 years of age when the act was committed and
21 the accused caused great bodily harm to the victim that:
22 (A) resulted in permanent disability; or
23 (B) was life threatening; or
24 (3) the accused was 17 years of age or over and
25 commits an act of sexual penetration with a victim who
26 was under 13 years of age when the act was committed and
27 the accused delivered (by injection, inhalation,
28 ingestion, transfer of possession, or any other means) to
29 the victim without his or her consent, or by threat or
30 deception, and for other than medical purposes, any
31 controlled substance.
32 (b) Sentence.
33 (1) A person convicted of a violation of subsection
34 (a)(1) commits a Class X felony. A person convicted of a
-787- LRB9111045EGfg
1 violation of subsection (a)(1.1) commits a Class X felony
2 for which 15 years shall be added to the term of
3 imprisonment imposed by the court. A person convicted of
4 a violation of subsection (a)(1.2) commits a Class X
5 felony for which 20 years shall be added to the term of
6 imprisonment imposed by the court. A person convicted of
7 a violation of subsection (a)(2) commits a Class X felony
8 for which the person shall be sentenced to a term of
9 imprisonment of not less than 50 years or up to a term of
10 natural life imprisonment.
11 (1.1) A person convicted of a violation of
12 subsection (a)(3) commits a Class X felony for which the
13 person shall be sentenced to a term of imprisonment of
14 not less than 50 years and not more than 60 years.
15 (1.2) A person convicted of predatory criminal
16 sexual assault of a child committed against 2 or more
17 persons regardless of whether the offenses occurred as
18 the result of the same act or of several related or
19 unrelated acts shall be sentenced to a term of natural
20 life imprisonment.
21 (2) A person who is convicted of a second or
22 subsequent offense of predatory criminal sexual assault
23 of a child, or who is convicted of the offense of
24 predatory criminal sexual assault of a child after having
25 previously been convicted of the offense of criminal
26 sexual assault or the offense of aggravated criminal
27 sexual assault, or who is convicted of the offense of
28 predatory criminal sexual assault of a child after having
29 previously been convicted under the laws of this State or
30 any other state of an offense that is substantially
31 equivalent to the offense of predatory criminal sexual
32 assault of a child, the offense of aggravated criminal
33 sexual assault or the offense of criminal sexual assault,
34 shall be sentenced to a term of natural life
-788- LRB9111045EGfg
1 imprisonment. The commission of the second or subsequent
2 offense is required to have been after the initial
3 conviction for this paragraph (2) to apply.
4 (Source: P.A. 90-396, eff. 1-1-98; 90-735, eff. 8-11-98;
5 91-238, eff. 1-1-00; 91-404, eff. 1-1-00; revised 10-13-99.)
6 (720 ILCS 5/16-1) (from Ch. 38, par. 16-1)
7 Sec. 16-1. Theft.
8 (a) A person commits theft when he knowingly:
9 (1) Obtains or exerts unauthorized control over
10 property of the owner; or
11 (2) Obtains by deception control over property of
12 the owner; or
13 (3) Obtains by threat control over property of the
14 owner; or
15 (4) Obtains control over stolen property knowing
16 the property to have been stolen or under such
17 circumstances as would reasonably induce him to believe
18 that the property was stolen; or
19 (5) Obtains or exerts control over property in the
20 custody of any law enforcement agency which is explicitly
21 represented to him by any law enforcement officer or any
22 individual acting in behalf of a law enforcement agency
23 as being stolen, and
24 (A) Intends to deprive the owner permanently
25 of the use or benefit of the property; or
26 (B) Knowingly uses, conceals or abandons the
27 property in such manner as to deprive the owner
28 permanently of such use or benefit; or
29 (C) Uses, conceals, or abandons the property
30 knowing such use, concealment or abandonment
31 probably will deprive the owner permanently of such
32 use or benefit.
33 (b) Sentence.
-789- LRB9111045EGfg
1 (1) Theft of property not from the person and not
2 exceeding $300 in value is a Class A misdemeanor.
3 (1.1) Theft of property, other than a firearm, not
4 from the person and not exceeding $300 in value is a
5 Class 4 felony if the theft was committed in a school or
6 place of worship.
7 (2) A person who has been convicted of theft of
8 property not from the person and not exceeding $300 in
9 value who has been previously convicted of any type of
10 theft, robbery, armed robbery, burglary, residential
11 burglary, possession of burglary tools, home invasion,
12 forgery, a violation of Section 4-103, 4-103.1, 4-103.2,
13 or 4-103.3 of the Illinois Vehicle Code relating to the
14 possession of a stolen or converted motor vehicle, or a
15 violation of Section 8 of the Illinois Credit Card and
16 Debit Card Act is guilty of a Class 4 felony. When a
17 person has any such prior conviction, the information or
18 indictment charging that person shall state such prior
19 conviction so as to give notice of the State's intention
20 to treat the charge as a felony. The fact of such prior
21 conviction is not an element of the offense and may not
22 be disclosed to the jury during trial unless otherwise
23 permitted by issues properly raised during such trial.
24 (3) (Blank).
25 (4) Theft of property from the person not exceeding
26 $300 in value, or theft of property exceeding $300 and
27 not exceeding $10,000 in value, is a Class 3 felony.
28 (4.1) Theft of property from the person not
29 exceeding $300 in value, or theft of property exceeding
30 $300 and not exceeding $10,000 in value, is a Class 2
31 felony if the theft was committed in a school or place of
32 worship.
33 (5) Theft of property exceeding $10,000 and not
34 exceeding $100,000 in value is a Class 2 felony.
-790- LRB9111045EGfg
1 (5.1) Theft of property exceeding $10,000 and not
2 exceeding $100,000 in value is a Class 1 felony if the
3 theft was committed in a school or place of worship.
4 (6) Theft of property exceeding $100,000 in value
5 is a Class 1 felony.
6 (6.1) Theft of property exceeding $100,000 in value
7 is a Class X felony if the theft was committed in a
8 school or place of worship.
9 (7) Theft by deception, as described by paragraph
10 (2) of subsection (a) of this Section, in which the
11 offender obtained money or property valued at $5,000 or
12 more from a victim 60 years of age or older is a Class 2
13 felony.
14 (c) When a charge of theft of property exceeding a
15 specified value is brought, the value of the property
16 involved is an element of the offense to be resolved by the
17 trier of fact as either exceeding or not exceeding the
18 specified value.
19 (Source: P.A. 91-118, eff. 1-1-00; 91-360, eff. 7-29-99;
20 91-544, eff. 1-1-00; revised 10-7-99.)
21 (720 ILCS 5/17-2) (from Ch. 38, par. 17-2)
22 Sec. 17-2. False personation; use of title;
23 solicitation; certain entities.
24 (a) A person commits a false personation when he or she
25 falsely represents himself or herself to be a member or
26 representative of any veterans' or public safety personnel
27 organization or a representative of any charitable
28 organization, or when any person exhibits or uses in any
29 manner any decal, badge or insignia of any charitable, public
30 safety personnel, or veterans' organization when not
31 authorized to do so by the charitable, public safety
32 personnel, or veterans' organization. "Public safety
33 personnel organization" has the meaning ascribed to that term
-791- LRB9111045EGfg
1 in Section 1 of the Solicitation for Charity Act.
2 (a-5) A person commits a false personation when he or
3 she falsely represents himself or herself to be a veteran in
4 seeking employment or public office. In this subsection,
5 "veteran" means a person who has served in the Armed Services
6 or Reserved Forces of the United States.
7 (b) No person shall use the words "Chicago Police,"
8 "Chicago Police Department," "Chicago Patrolman," "Chicago
9 Sergeant," "Chicago Lieutenant," "Chicago Peace Officer" or
10 any other words to the same effect in the title of any
11 organization, magazine, or other publication without the
12 express approval of the Chicago Police Board.
13 (b-5) No person shall use the words "Cook County
14 Sheriff's Police" or "Cook County Sheriff" or any other words
15 to the same effect in the title of any organization,
16 magazine, or other publication without the express approval
17 of the office of the Cook County Sheriff's Merit Board. The
18 references to names and titles in this Section may not be
19 construed as authorizing use of the names and titles of other
20 organizations or public safety personnel organizations
21 otherwise prohibited by this Section or the Solicitation for
22 Charity Act.
23 (c) (Blank).
24 (c-1) No person may claim or represent that he or she is
25 acting on behalf of any police department, chief of a police
26 department, fire department, chief of a fire department,
27 sheriff's department, or sheriff when soliciting financial
28 contributions or selling or delivering or offering to sell or
29 deliver any merchandise, goods, services, memberships, or
30 advertisements unless the chief of the police department,
31 fire department, and the corporate or municipal authority
32 thereof, or the sheriff has first entered into a written
33 agreement with the person or with an organization with which
34 the person is affiliated and the agreement permits the
-792- LRB9111045EGfg
1 activity.
2 (c-2) No person, when soliciting financial contributions
3 or selling or delivering or offering to sell or deliver any
4 merchandise, goods, services, memberships, or advertisements
5 may claim or represent that he or she is representing or
6 acting on behalf of any nongovernmental organization by any
7 name which includes "officer", "peace officer", "police",
8 "law enforcement", "trooper", "sheriff", "deputy", "deputy
9 sheriff", "State police", or any other word or words which
10 would reasonably be understood to imply that the organization
11 is composed of law enforcement personnel unless the person is
12 actually representing or acting on behalf of the
13 nongovernmental organization, and the nongovernmental
14 organization is controlled by and governed by a membership of
15 and represents a group or association of active duty peace
16 officers, retired peace officers, or injured peace officers
17 and before commencing the solicitation or the sale or the
18 offers to sell any merchandise, goods, services, memberships,
19 or advertisements, a written contract between the soliciting
20 or selling person and the nongovernmental organization has
21 been entered into.
22 (c-3) No person may solicit financial contributions or
23 sell or deliver or offer to sell or deliver any merchandise,
24 goods, services, memberships, or advertisements on behalf of
25 a police, sheriff, or other law enforcement department unless
26 that person is actually representing or acting on behalf of
27 the department or governmental organization and has entered
28 into a written contract with the police chief, or head of the
29 law enforcement department, and the corporate or municipal
30 authority thereof, or the sheriff, which specifies and states
31 clearly and fully the purposes for which the proceeds of the
32 solicitation, contribution, or sale will be used.
33 (c-4) No person, when soliciting financial contributions
34 or selling or delivering or offering to sell or deliver any
-793- LRB9111045EGfg
1 merchandise, goods, services, memberships, or advertisements,
2 may claim or represent that he or she is representing or
3 acting on behalf of any nongovernmental organization by any
4 name which includes the term "fireman", "fire fighter",
5 "paramedic", or any other word or words which would
6 reasonably be understood to imply that the organization is
7 composed of fire fighter or paramedic personnel unless the
8 person is actually representing or acting on behalf of the
9 nongovernmental organization, and the nongovernmental
10 organization is controlled by and governed by a membership of
11 and represents a group or association of active duty,
12 retired, or injured fire fighters (for the purposes of this
13 Section, "fire fighter" has the meaning ascribed to that term
14 in Section 2 of the Illinois Fire Protection Training Act) or
15 active duty, retired, or injured emergency medical
16 technicians - ambulance, emergency medical technicians -
17 intermediate, emergency medical technicians - paramedic,
18 ambulance drivers, or other medical assistance or first aid
19 personnel, and before commencing the solicitation or the sale
20 or delivery or the offers to sell or deliver any merchandise,
21 goods, services, memberships, or advertisements, a written
22 contract between the soliciting or selling person and the
23 nongovernmental organization has been entered into.
24 (c-5) No person may solicit financial contributions or
25 sell or deliver or offer to sell or deliver any merchandise,
26 goods, services, memberships, or advertisements on behalf of
27 a department or departments of fire fighters unless that
28 person is actually representing or acting on behalf of the
29 department or departments and has entered into a written
30 contract with the department chief and corporate or municipal
31 authority thereof which specifies and states clearly and
32 fully the purposes for which the proceeds of the
33 solicitation, contribution, or sale will be used.
34 (d) Sentence. False personation, unapproved use of a
-794- LRB9111045EGfg
1 name or title, or solicitation in violation of subsection
2 (a), (b), or (b-5) and (b-1) of this Section is a Class C
3 misdemeanor. False personation in violation of subsection
4 (a-5) is a Class A misdemeanor. Engaging in any activity in
5 violation of subsection (c-1), (c-2), (c-3), (c-4), or (c-5)
6 of this Section is a Class 4 felony.
7 (Source: P.A. 91-301, eff. 7-29-99; 91-302, eff. 7-29-99;
8 revised 10-15-99.)
9 (720 ILCS 5/17-23)
10 Sec. 17-23. Counterfeit Universal Price Code Label.
11 (a) A person who, with intent to defraud a merchant,
12 possesses, uses, transfers, makes, sells, reproduces,
13 tenders, or delivers a false, counterfeit, altered, or
14 simulated Universal Price Code Label is guilty of a Class 4
15 felony.
16 (b) A person who possesses more than one false,
17 counterfeit, altered, or simulated Universal Price Code Label
18 or who possesses a device the purpose of which is to
19 manufacture false, counterfeit, altered, or simulated
20 Universal Price Code Labels is guilty of a Class 3 felony.
21 (c) (Blank).
22 (d) Definitions. In this Section:
23 "Universal Price Code Label" means a unique symbol that
24 consists of a machine readable code and human readable
25 numbers.
26 "Merchant" has the meaning ascribed to it in Section
27 16A-2.4 of this Code.
28 "Intent to defraud" has the meaning ascribed to it in
29 paragraph (iii) of subsection (A) of Section 17-1 of this
30 Code.
31 (Source: P.A. 91-136, eff. 1-1-00; revised 11-8-99.)
32 (720 ILCS 5/17-24)
-795- LRB9111045EGfg
1 Sec. 17-24. 17-23. Fraudulent schemes and artifices.
2 (a) Fraud by wire, radio, or television.
3 (1) A person commits wire fraud when he or she:
4 (A) devises or intends to devise a scheme or
5 artifice to defraud or to obtain money or property
6 by means of false pretenses, representations, or
7 promises; and
8 (B) (i) transmits or causes to be transmitted
9 from within this State; or
10 (ii) transmits or causes to be
11 transmitted so that it is received by a person
12 within this State; or
13 (iii) transmits or causes to be
14 transmitted so that it is reasonably
15 foreseeable that it will be accessed by a
16 person within this State:
17 any writings, signals, pictures, sounds, or electronic or
18 electric impulses by means of wire, radio, or television
19 communications for the purpose of executing the scheme or
20 artifice.
21 (2) A scheme or artifice to defraud using
22 electronic transmissions is deemed to occur in the county
23 from which a transmission is sent, if the transmission is
24 sent from within this State, the county in which a person
25 within this State receives the transmission, and the
26 county in which a person who is within this State is
27 located when the person accesses a transmission.
28 (3) Wire fraud is a Class 3 felony.
29 (b) Mail fraud.
30 (1) A person commits mail fraud when he or she:
31 (A) devises or intends to devise any scheme or
32 artifice to defraud or to obtain money or property
33 by means of false or fraudulent pretenses,
34 representations or promises, or to sell, dispose of,
-796- LRB9111045EGfg
1 loan, exchange, alter, give away, distribute,
2 supply, or furnish or procure for unlawful use any
3 counterfeit obligation, security, or other article,
4 or anything represented to be or intimidated or held
5 out to be such counterfeit or spurious article; and
6 (B) for the purpose of executing such scheme
7 or artifice or attempting so to do, places in any
8 post office or authorized depository for mail matter
9 within this State, any matter or thing whatever to
10 be delivered by the Postal Service, or deposits or
11 causes to be deposited in this State by mail or by
12 private or commercial carrier according to the
13 direction on the matter or thing, or at the place at
14 which it is directed to be delivered by the person
15 to whom it is addressed, any such matter or thing.
16 (2) A scheme or artifice to defraud using a
17 government or private carrier is deemed to occur in the
18 county in which mail or other matter is deposited with
19 the Postal Service or a private commercial carrier for
20 delivery, if deposited with the Postal Service or a
21 private or commercial carrier within this State and the
22 county in which a person within this State receives the
23 mail or other matter from the Postal Service or a private
24 or commercial carrier.
25 (3) Mail fraud is a Class 3 felony.
26 (c) Financial institution fraud.
27 (1) A person is guilty of financial institution
28 fraud who knowingly executes or attempts to execute a
29 scheme or artifice:
30 (i) to defraud a financial institution; or
31 (ii) to obtain any of the moneys, funds,
32 credits, assets, securities, or other property owned
33 by, or under the custody or control of a financial
34 institution, by means of pretenses, representations,
-797- LRB9111045EGfg
1 or promises he or she knows to be false.
2 (2) Financial institution fraud is a Class 3
3 felony.
4 (d) The period of limitations for prosecution of any
5 offense defined in this Section begins at the time when the
6 last act in furtherance of the scheme or artifice is
7 committed.
8 (e) In this Section:
9 (1) "Scheme or artifice to defraud" includes a
10 scheme or artifice to deprive another of the intangible
11 right to honest services.
12 (2) "Financial institution" has the meaning
13 ascribed to it in paragraph (i) of subsection (A) of
14 Section 17-1 of this Code.
15 (Source: P.A. 91-228, eff. 1-1-00; revised 11-8-99.)
16 (720 ILCS 5/Art. 20.5 heading)
17 ARTICLE 20.5. CAUSING A CATASTROPHE; DEADLY SUBSTANCES
18 (720 ILCS 5/24-1.2) (from Ch. 38, par. 24-1.2)
19 Sec. 24-1.2. Aggravated discharge of a firearm.
20 (a) A person commits aggravated discharge of a firearm
21 when he or she knowingly or intentionally:
22 (1) Discharges a firearm at or into a building he
23 or she knows or reasonably should know to be occupied and
24 the firearm is discharged from a place or position
25 outside that building;
26 (2) Discharges a firearm in the direction of
27 another person or in the direction of a vehicle he or she
28 knows or reasonably should know to be occupied by a
29 person;
30 (3) Discharges a firearm in the direction of a
31 person he or she knows to be a peace officer, a community
32 policing volunteer, a correctional institution employee,
-798- LRB9111045EGfg
1 or a fireman while the officer, volunteer, employee or
2 fireman is engaged in the execution of any of his or her
3 official duties, or to prevent the officer, volunteer,
4 employee or fireman from performing his or her official
5 duties, or in retaliation for the officer, volunteer,
6 employee or fireman performing his or her official
7 duties;
8 (4) Discharges a firearm in the direction of a
9 vehicle he or she knows to be occupied by a peace
10 officer, a person summoned or directed by a peace
11 officer, a correctional institution employee or a fireman
12 while the officer, employee or fireman is engaged in the
13 execution of any of his or her official duties, or to
14 prevent the officer, employee or fireman from performing
15 his or her official duties, or in retaliation for the
16 officer, employee or fireman performing his or her
17 official duties;
18 (5) Discharges a firearm in the direction of a
19 person he or she knows to be an emergency medical
20 technician - ambulance, emergency medical technician -
21 intermediate, emergency medical technician - paramedic,
22 ambulance driver, or other medical assistance or first
23 aid personnel, employed by a municipality or other
24 governmental unit, while the emergency medical technician
25 - ambulance, emergency medical technician - intermediate,
26 emergency medical technician - paramedic, ambulance
27 driver, or other medical assistance or first aid
28 personnel is engaged in the execution of any of his or
29 her official duties, or to prevent the emergency medical
30 technician - ambulance, emergency medical technician -
31 intermediate, emergency medical technician - paramedic,
32 ambulance driver, or other medical assistance or first
33 aid personnel from performing his or her official duties,
34 or in retaliation for the emergency medical technician -
-799- LRB9111045EGfg
1 ambulance, emergency medical technician - intermediate,
2 emergency medical technician - paramedic, ambulance
3 driver, or other medical assistance or first aid
4 personnel performing his or her official duties; or
5 (6) Discharges a firearm in the direction of a
6 vehicle he or she knows to be occupied by an emergency
7 medical technician - ambulance, emergency medical
8 technician - intermediate, emergency medical technician -
9 paramedic, ambulance driver, or other medical assistance
10 or first aid personnel, employed by a municipality or
11 other governmental unit, while the emergency medical
12 technician - ambulance, emergency medical technician -
13 intermediate, emergency medical technician - paramedic,
14 ambulance driver, or other medical assistance or first
15 aid personnel is engaged in the execution of any of his
16 or her official duties, or to prevent the emergency
17 medical technician - ambulance, emergency medical
18 technician - intermediate, emergency medical technician -
19 paramedic, ambulance driver, or other medical assistance
20 or first aid personnel from performing his or her
21 official duties, or in retaliation for the emergency
22 medical technician - ambulance, emergency medical
23 technician - intermediate, emergency medical technician -
24 paramedic, ambulance driver, or other medical assistance
25 or first aid personnel performing his or her official
26 duties; or
27 (7) Discharges a firearm in the direction of a
28 person he or she knows to be a teacher or other person
29 employed in any school and the teacher or other employee
30 is upon the grounds of a school or grounds adjacent to a
31 school, or is in any part of a building used for school
32 purposes.
33 (b) A violation of subsection (a)(1) or subsection
34 (a)(2) of this Section is a Class 1 felony. A violation of
-800- LRB9111045EGfg
1 subsection (a)(1) or (a)(2) of this Section committed in a
2 school, on the real property comprising a school, within
3 1,000 feet of the real property comprising a school, at a
4 school related activity or on or within 1,000 feet of any
5 conveyance owned, leased, or contracted by a school to
6 transport students to or from school or a school related
7 activity, regardless of the time of day or time of year that
8 the offense was committed is a Class X felony. A violation of
9 subsection (a)(3), (a)(4), (a)(5), (a)(6), or (a)(7) of this
10 Section is a Class X felony for which the sentence shall be a
11 term of imprisonment of no less than 10 years and not more
12 than 45 years.
13 (c) For purposes of this Section:
14 "School" means a public or private elementary or
15 secondary school, community college, college, or university.
16 "School related activity" means any sporting, social,
17 academic, or other activity for which students' attendance or
18 participation is sponsored, organized, or funded in whole or
19 in part by a school or school district.
20 (Source: P.A. 90-651, eff. 1-1-99; 91-12, eff. 1-1-00;
21 91-357, eff. 7-29-99; 91-434, eff. 1-1-00; revised 8-30-99.)
22 (720 ILCS 5/24-3) (from Ch. 38, par. 24-3)
23 Sec. 24-3. Unlawful Sale of Firearms.
24 (A) A person commits the offense of unlawful sale of
25 firearms when he or she knowingly does any of the following:
26 (a) Sells or gives any firearm of a size which may
27 be concealed upon the person to any person under 18 years
28 of age.; or
29 (b) Sells or gives any firearm to a person under 21
30 years of age who has been convicted of a misdemeanor
31 other than a traffic offense or adjudged delinquent.; or
32 (c) Sells or gives any firearm to any narcotic
33 addict.; or
-801- LRB9111045EGfg
1 (d) Sells or gives any firearm to any person who
2 has been convicted of a felony under the laws of this or
3 any other jurisdiction.; or
4 (e) Sells or gives any firearm to any person who
5 has been a patient in a mental hospital within the past 5
6 years.; or
7 (f) Sells or gives any firearms to any person who
8 is mentally retarded.; or
9 (g) Delivers any firearm of a size which may be
10 concealed upon the person, incidental to a sale, without
11 withholding delivery of such firearm for at least 72
12 hours after application for its purchase has been made,
13 or delivers any rifle, shotgun or other long gun,
14 incidental to a sale, without withholding delivery of
15 such rifle, shotgun or other long gun for at least 24
16 hours after application for its purchase has been made.
17 However, this paragraph (g) does shall not apply to: (1)
18 the sale of a firearm to a law enforcement officer or a
19 person who desires to purchase a firearm for use in
20 promoting the public interest incident to his or her
21 employment as a bank guard, armed truck guard, or other
22 similar employment; or (2) a mail order sale of a firearm
23 to a nonresident of Illinois under which the firearm is
24 mailed to a point outside the boundaries of Illinois; or
25 (3) the sale of a firearm to a nonresident of Illinois
26 while at a firearm showing or display recognized by the
27 Illinois Department of State Police; or (4) the sale of a
28 firearm to a dealer licensed under the Federal Firearms
29 Act of the United States.; or
30 (h) While holding any license under the federal
31 "Gun Control Act of 1968", as amended, as a dealer,
32 importer, manufacturer or pawnbroker under the federal
33 Gun Control Act of 1968,; manufactures, sells or delivers
34 to any unlicensed person a handgun having a barrel,
-802- LRB9111045EGfg
1 slide, frame or receiver which is a die casting of zinc
2 alloy or any other nonhomogeneous metal which will melt
3 or deform at a temperature of less than 800 degrees
4 Fahrenheit. For purposes of this paragraph, (1)
5 "firearm" is defined as in the Firearm Owners
6 Identification Card Act "An Act relating to the
7 acquisition, possession and transfer of firearms and
8 firearm ammunition, to provide a penalty for the
9 violation thereof and to make an appropriation in
10 connection therewith", approved August 3, 1967, as
11 amended; and (2) "handgun" is defined as a firearm
12 designed to be held and fired by the use of a single
13 hand, and includes a combination of parts from which such
14 a firearm can be assembled.; or
15 (i) Sells or gives a firearm of any size to any
16 person under 18 years of age who does not possess a valid
17 Firearm Owner's Identification Card.
18 (B) (j) Paragraph (h) of subsection (A) does this
19 Section shall not include firearms sold within 6 months after
20 enactment of Public Act 78-355 (approved August 21, 1973,
21 effective October 1, 1973) this amendatory Act of 1973, nor
22 is shall any firearm legally owned or possessed by any
23 citizen or purchased by any citizen within 6 months after the
24 enactment of Public Act 78-355 this amendatory Act of 1973 be
25 subject to confiscation or seizure under the provisions of
26 that Public this amendatory Act of 1973. Nothing in Public
27 Act 78-355 this amendatory Act of 1973 shall be construed to
28 prohibit the gift or trade of any firearm if that firearm was
29 legally held or acquired within 6 months after the enactment
30 of that Public this amendatory Act of 1973.
31 (C) (k) Sentence.
32 (1) Any person convicted of unlawful sale of
33 firearms in violation of any of paragraphs (c) through
34 (h) of subsection (A) commits a Class 4 felony.
-803- LRB9111045EGfg
1 (2) Any person convicted of unlawful sale of
2 firearms in violation of paragraph (b) or (i) of
3 subsection (A) commits a Class 3 felony.
4 (3) Any person convicted of unlawful sale of
5 firearms in violation of paragraph (a) of subsection (A)
6 commits a Class 2 felony.
7 (4) Any person convicted of unlawful sale of
8 firearms in violation of paragraph (a), (b), or (i) of
9 subsection (A) in any school, on the real property
10 comprising a school, within 1,000 feet of the real
11 property comprising a school, at a school related
12 activity, or on or within 1,000 feet of any conveyance
13 owned, leased, or contracted by a school or school
14 district to transport students to or from school or a
15 school related activity, regardless of the time of day or
16 time of year at which that the offense was committed,
17 commits a Class 1 felony. Any person convicted of a
18 second or subsequent violation of unlawful sale of
19 firearms in violation of paragraph (a), (b), or (i) of
20 subsection (A) in any school, on the real property
21 comprising a school, within 1,000 feet of the real
22 property comprising a school, at a school related
23 activity, or on or within 1,000 feet of any conveyance
24 owned, leased, or contracted by a school or school
25 district to transport students to or from school or a
26 school related activity, regardless of the time of day or
27 time of year at which that the offense was committed,
28 commits a Class 1 felony for which the sentence shall be
29 a term of imprisonment of no less than 5 years and no
30 more than 15 years.
31 (5) Any person convicted of unlawful sale of
32 firearms in violation of paragraph (a) or (i) of
33 subsection (A) in residential property owned, operated,
34 or managed by a public housing agency or leased by a
-804- LRB9111045EGfg
1 public housing agency as part of a scattered site or
2 mixed-income development, in a public park, in a
3 courthouse, on residential property owned, operated, or
4 managed by a public housing agency or leased by a public
5 housing agency as part of a scattered site or
6 mixed-income development, on the real property comprising
7 any public park, on the real property comprising any
8 courthouse, or on any public way within 1,000 feet of the
9 real property comprising any public park, courthouse, or
10 residential property owned, operated, or managed by a
11 public housing agency or leased by a public housing
12 agency as part of a scattered site or mixed-income
13 development commits a Class 2 felony.
14 (D) (6) For purposes of this Section:
15 "School" means a public or private elementary or
16 secondary school, community college, college, or university.
17 "School related activity" means any sporting, social,
18 academic, or other activity for which students' attendance or
19 participation is sponsored, organized, or funded in whole or
20 in part by a school or school district.
21 (Source: P.A. 91-12, eff. 1-1-00; 91-673, eff. 12-22-99;
22 revised 1-7-00.)
23 (720 ILCS 5/26-1) (from Ch. 38, par. 26-1)
24 Sec. 26-1. Elements of the Offense.
25 (a) A person commits disorderly conduct when he
26 knowingly:
27 (1) Does any act in such unreasonable manner as to
28 alarm or disturb another and to provoke a breach of the
29 peace; or
30 (2) Transmits or causes to be transmitted in any
31 manner to the fire department of any city, town, village
32 or fire protection district a false alarm of fire,
33 knowing at the time of such transmission that there is no
-805- LRB9111045EGfg
1 reasonable ground for believing that such fire exists; or
2 (3) Transmits or causes to be transmitted in any
3 manner to another a false alarm to the effect that a bomb
4 or other explosive of any nature or a container holding
5 poison gas, a deadly biological or chemical contaminant,
6 or radioactive substance is concealed in such place that
7 its explosion or release would endanger human life,
8 knowing at the time of such transmission that there is no
9 reasonable ground for believing that such bomb, explosive
10 or a container holding poison gas, a deadly biological or
11 chemical contaminant, or radioactive substance is
12 concealed in such place; or
13 (4) Transmits or causes to be transmitted in any
14 manner to any peace officer, public officer or public
15 employee a report to the effect that an offense will be
16 committed, is being committed, or has been committed,
17 knowing at the time of such transmission that there is no
18 reasonable ground for believing that such an offense will
19 be committed, is being committed, or has been committed;
20 or
21 (5) Enters upon the property of another and for a
22 lewd or unlawful purpose deliberately looks into a
23 dwelling on the property through any window or other
24 opening in it; or
25 (6) While acting as a collection agency as defined
26 in the "Collection Agency Act" or as an employee of such
27 collection agency, and while attempting to collect an
28 alleged debt, makes a telephone call to the alleged
29 debtor which is designed to harass, annoy or intimidate
30 the alleged debtor; or
31 (7) Transmits or causes to be transmitted a false
32 report to the Department of Children and Family Services
33 under Section 4 of the "Abused and Neglected Child
34 Reporting Act"; or
-806- LRB9111045EGfg
1 (8) Transmits or causes to be transmitted a false
2 report to the Department of Public Health under the
3 Nursing Home Care Act; or
4 (9) Transmits or causes to be transmitted in any
5 manner to the police department or fire department of any
6 municipality or fire protection district, or any
7 privately owned and operated ambulance service, a false
8 request for an ambulance, emergency medical
9 technician-ambulance or emergency medical
10 technician-paramedic knowing at the time there is no
11 reasonable ground for believing that such assistance is
12 required; or
13 (10) Transmits or causes to be transmitted a false
14 report under Article II of "An Act in relation to victims
15 of violence and abuse", approved September 16, 1984, as
16 amended; or
17 (11) Transmits or causes to be transmitted a false
18 report to any public safety agency without the reasonable
19 grounds necessary to believe that transmitting such a
20 report is necessary for the safety and welfare of the
21 public; or
22 (12) Calls the number "911" for the purpose of
23 making or transmitting a false alarm or complaint and
24 reporting information when, at the time the call or
25 transmission is made, the person knows there is no
26 reasonable ground for making the call or transmission and
27 further knows that the call or transmission could result
28 in the emergency response of any public safety agency.
29 (b) Sentence. (1) A violation of subsection (a)(1) of
30 this Section is a Class C misdemeanor. A violation of
31 subsection (a)(5), (a)(7), (a)(11), or (a)(12) of this
32 Section is a Class A misdemeanor. A violation of subsection
33 (a)(8) or (a)(10) of this Section is a Class B misdemeanor.
34 A violation of subsection (a)(2), (a)(4), or (a)(9) of this
-807- LRB9111045EGfg
1 Section is a Class 4 felony. A violation of subsection
2 (a)(3) of this Section is a Class 3 felony, for which a fine
3 of not less than $3,000 and no more than $10,000 shall be
4 assessed in addition to any other penalty imposed.
5 A violation of subsection (a)(6) of this Section is a
6 Business Offense and shall be punished by a fine not to
7 exceed $3,000. A second or subsequent violation of
8 subsection (a)(7), (a)(11), or (a)(12) of this Section is a
9 Class 4 felony. A third or subsequent violation of
10 subsection (a)(5) of this Section is a Class 4 felony.
11 (c) In addition to any other sentence that may be
12 imposed, a court shall order any person convicted of
13 disorderly conduct to perform community service for not less
14 than 30 and not more than 120 hours, if community service is
15 available in the jurisdiction and is funded and approved by
16 the county board of the county where the offense was
17 committed. In addition, whenever any person is placed on
18 supervision for an alleged offense under this Section, the
19 supervision shall be conditioned upon the performance of the
20 community service.
21 This subsection does not apply when the court imposes a
22 sentence of incarceration.
23 (Source: P.A. 90-456, eff. 1-1-98; 91-115, eff. 1-1-00;
24 91-121, eff. 7-15-99; revised 10-7-99.)
25 (720 ILCS 5/33C-5) (from Ch. 38, par. 33C-5)
26 Sec. 33C-5. Definitions. As used in this Article,
27 "minority owned business", "female owned business", "State
28 agency" and "certification" shall have the meanings ascribed
29 to them in Section 2 of the Minority and Female Business
30 Enterprise for Minorities, Females, and Persons with
31 Disabilities Act, approved September 6, 1984, as amended.
32 (Source: P.A. 84-192; revised 8-23-99.)
-808- LRB9111045EGfg
1 (720 ILCS 5/33E-2) (from Ch. 38, par. 33E-2)
2 Sec. 33E-2. Definitions. In this Act:
3 (a) "Public contract" means any contract for goods,
4 services or construction let to any person with or without
5 bid by any unit of State or local government.
6 (b) "Unit of State or local government" means the State,
7 any unit of state government or agency thereof, any county or
8 municipal government or committee or agency thereof, or any
9 other entity which is funded by or expends tax dollars or the
10 proceeds of publicly guaranteed bonds.
11 (c) "Change order" means a change in a contract term
12 other than as specifically provided for in the contract which
13 authorizes or necessitates any increase or decrease in the
14 cost of the contract or the time to completion.
15 (d) "Person" means any individual, firm, partnership,
16 corporation, joint venture or other entity, but does not
17 include a unit of State or local government.
18 (e) "Person employed by any unit of State or local
19 government" means any employee of a unit of State or local
20 government and any person defined in subsection (d) who is
21 authorized by such unit of State or local government to act
22 on its behalf in relation to any public contract.
23 (f) "Sheltered market" has the meaning ascribed to it in
24 Section 8b of 2 of the Minority and Female Business
25 Enterprise for Minorities, Females, and Persons with
26 Disabilities Act, as now or hereafter amended.
27 (g) "Kickback" means any money, fee, commission, credit,
28 gift, gratuity, thing of value, or compensation of any kind
29 which is provided, directly or indirectly, to any prime
30 contractor, prime contractor employee, subcontractor, or
31 subcontractor employee for the purpose of improperly
32 obtaining or rewarding favorable treatment in connection with
33 a prime contract or in connection with a subcontract relating
34 to a prime contract.
-809- LRB9111045EGfg
1 (h) "Prime contractor" means any person who has entered
2 into a public contract.
3 (i) "Prime contractor employee" means any officer,
4 partner, employee, or agent of a prime contractor.
5 (i-5) "Stringing" means knowingly structuring a contract
6 or job order to avoid the contract or job order being subject
7 to competitive bidding requirements.
8 (j) "Subcontract" means a contract or contractual action
9 entered into by a prime contractor or subcontractor for the
10 purpose of obtaining goods or services of any kind under a
11 prime contract.
12 (k) "Subcontractor" (1) means any person, other than the
13 prime contractor, who offers to furnish or furnishes any
14 goods or services of any kind under a prime contract or a
15 subcontract entered into in connection with such prime
16 contract; and (2) includes any person who offers to furnish
17 or furnishes goods or services to the prime contractor or a
18 higher tier subcontractor.
19 (l) "Subcontractor employee" means any officer, partner,
20 employee, or agent of a subcontractor.
21 (Source: P.A. 90-800, eff. 1-1-99; revised 8-23-99.)
22 Section 89. The Illinois Controlled Substances Act is
23 amended by changing Sections 401 and 407 as follows:
24 (720 ILCS 570/401) (from Ch. 56 1/2, par. 1401)
25 Sec. 401. Except as authorized by this Act, it is
26 unlawful for any person knowingly to: (i) manufacture or
27 deliver, or possess with intent to manufacture or deliver, a
28 controlled or counterfeit substance or controlled substance
29 analog or (ii) possess any methamphetamine manufacturing
30 chemical listed in paragraph (z-1) of Section 102 with the
31 intent to manufacture methamphetamine or the salt of an
32 optical isomer of methamphetamine or an analog thereof. A
-810- LRB9111045EGfg
1 violation of this Act with respect to each of the controlled
2 substances listed herein constitutes a single and separate
3 violation of this Act. For purposes of this Section,
4 "controlled substance analog" or "analog" means a substance
5 which is intended for human consumption, other than a
6 controlled substance, that has a chemical structure
7 substantially similar to that of a controlled substance in
8 Schedule I or II, or that was specifically designed to
9 produce an effect substantially similar to that of a
10 controlled substance in Schedule I or II. Examples of
11 chemical classes in which controlled substance analogs are
12 found include, but are not limited to, the following:
13 phenethylamines, N-substituted piperidines, morphinans,
14 ecgonines, quinazolinones, substituted indoles, and
15 arylcycloalkylamines. For purposes of this Act, a controlled
16 substance analog shall be treated in the same manner as the
17 controlled substance to which it is substantially similar.
18 (a) Any person who violates this Section with respect to
19 the following amounts of controlled or counterfeit substances
20 or controlled substance analogs, notwithstanding any of the
21 provisions of subsections (c), (c-5), (d), (d-5), (e), (f),
22 (g) or (h) to the contrary, is guilty of a Class X felony and
23 shall be sentenced to a term of imprisonment as provided in
24 this subsection (a) and fined as provided in subsection (b):
25 (1) (A) not less than 6 years and not more than 30
26 years with respect to 15 grams or more but less than
27 100 grams of a substance containing heroin, or an
28 analog thereof;
29 (B) not less than 9 years and not more than 40
30 years with respect to 100 grams or more but less
31 than 400 grams of a substance containing heroin, or
32 an analog thereof;
33 (C) not less than 12 years and not more than
34 50 years with respect to 400 grams or more but less
-811- LRB9111045EGfg
1 than 900 grams of a substance containing heroin, or
2 an analog thereof;
3 (D) not less than 15 years and not more than
4 60 years with respect to 900 grams or more of any
5 substance containing heroin, or an analog thereof;
6 (2) (A) not less than 6 years and not more than 30
7 years with respect to 15 grams or more but less than
8 100 grams of a substance containing cocaine, or an
9 analog thereof;
10 (B) not less than 9 years and not more than 40
11 years with respect to 100 grams or more but less
12 than 400 grams of a substance containing cocaine, or
13 an analog thereof;
14 (C) not less than 12 years and not more than
15 50 years with respect to 400 grams or more but less
16 than 900 grams of a substance containing cocaine, or
17 an analog thereof;
18 (D) not less than 15 years and not more than
19 60 years with respect to 900 grams or more of any
20 substance containing cocaine, or an analog thereof;
21 (3) (A) not less than 6 years and not more than 30
22 years with respect to 15 grams or more but less than
23 100 grams of a substance containing morphine, or an
24 analog thereof;
25 (B) not less than 9 years and not more than 40
26 years with respect to 100 grams or more but less
27 than 400 grams of a substance containing morphine,
28 or an analog thereof;
29 (C) not less than 12 years and not more than
30 50 years with respect to 400 grams or more but less
31 than 900 grams of a substance containing morphine,
32 or an analog thereof;
33 (D) not less than 15 years and not more than
-812- LRB9111045EGfg
1 60 years with respect to 900 grams or more of a
2 substance containing morphine, or an analog thereof;
3 (4) 200 grams or more of any substance containing
4 peyote, or an analog thereof;
5 (5) 200 grams or more of any substance containing a
6 derivative of barbituric acid or any of the salts of a
7 derivative of barbituric acid, or an analog thereof;
8 (6) 200 grams or more of any substance containing
9 amphetamine or any salt of an optical isomer of
10 amphetamine, or an analog thereof;
11 (6.5) (A) not less than 6 years and not more than
12 30 years with respect to 15 grams or more but less
13 than 100 grams of a substance containing
14 methamphetamine or any salt of an optical isomer of
15 methamphetamine, or an analog thereof;
16 (B) not less than 9 years and not more than 40
17 years with respect to 100 grams or more but less
18 than 400 grams of a substance containing
19 methamphetamine or any salt of an optical isomer of
20 methamphetamine, or an analog thereof;
21 (C) not less than 12 years and not more than
22 50 years with respect to 400 grams or more but less
23 than 900 grams of a substance containing
24 methamphetamine or any salt of an optical isomer of
25 methamphetamine, or an analog thereof;
26 (D) not less than 15 years and not more than
27 60 years with respect to 900 grams or more of any
28 substance containing methamphetamine or any salt of
29 an optical isomer of methamphetamine, or an analog
30 thereof.
31 (6.6) (A) not less than 6 years and not more than
32 30 years for the possession of any methamphetamine
33 manufacturing chemical set forth in paragraph (z-1)
34 of Section 102 with intent to manufacture 30 grams
-813- LRB9111045EGfg
1 or more but less than 150 grams of any substance
2 containing methamphetamine, or salt of any optical
3 isomer of methamphetamine, or an analog thereof;
4 (B) not less than 6 years and not more than 40
5 years for the possession of any methamphetamine
6 manufacturing chemical set forth in paragraph (z-1)
7 of Section 102 with intent to manufacture 150 grams
8 or more but less than 500 grams of any substance
9 containing methamphetamine, or salt of an optical
10 isomer of methamphetamine, or an analog thereof;
11 (C) not less than 6 years and not more than 50
12 years for the possession of any methamphetamine
13 manufacturing chemical set forth in paragraph (z-1)
14 of Section 102 with intent to manufacture 500 grams
15 or more but less than 1200 grams of any substance
16 containing methamphetamine, or salt of an optical
17 isomer of methamphetamine, or an analog thereof;
18 (D) not less than 6 years and not more than 60
19 years for the possession of any methamphetamine
20 manufacturing chemical set forth in paragraph (z-1)
21 of Section 102 with intent to manufacture 1200 grams
22 or more of any substance containing methamphetamine,
23 or salt of an optical isomer of methamphetamine, or
24 an analog thereof;
25 (7) (A) not less than 6 years and not more than 30
26 years with respect to: (i) 15 grams or more but less
27 than 100 grams of a substance containing lysergic
28 acid diethylamide (LSD), or an analog thereof, or
29 (ii) 15 or more objects or 15 or more segregated
30 parts of an object or objects but less than 200
31 objects or 200 segregated parts of an object or
32 objects containing in them or having upon them any
33 amounts of any substance containing lysergic acid
34 diethylamide (LSD), or an analog thereof;
-814- LRB9111045EGfg
1 (B) not less than 9 years and not more than 40
2 years with respect to: (i) 100 grams or more but
3 less than 400 grams of a substance containing
4 lysergic acid diethylamide (LSD), or an analog
5 thereof, or (ii) 200 or more objects or 200 or more
6 segregated parts of an object or objects but less
7 than 600 objects or less than 600 segregated parts
8 of an object or objects containing in them or having
9 upon them any amount of any substance containing
10 lysergic acid diethylamide (LSD), or an analog
11 thereof;
12 (C) not less than 12 years and not more than
13 50 years with respect to: (i) 400 grams or more but
14 less than 900 grams of a substance containing
15 lysergic acid diethylamide (LSD), or an analog
16 thereof, or (ii) 600 or more objects or 600 or more
17 segregated parts of an object or objects but less
18 than 1500 objects or 1500 segregated parts of an
19 object or objects containing in them or having upon
20 them any amount of any substance containing lysergic
21 acid diethylamide (LSD), or an analog thereof;
22 (D) not less than 15 years and not more than
23 60 years with respect to: (i) 900 grams or more of
24 any substance containing lysergic acid diethylamide
25 (LSD), or an analog thereof, or (ii) 1500 or more
26 objects or 1500 or more segregated parts of an
27 object or objects containing in them or having upon
28 them any amount of a substance containing lysergic
29 acid diethylamide (LSD), or an analog thereof;
30 (8) 30 grams or more of any substance containing
31 pentazocine or any of the salts, isomers and salts of
32 isomers of pentazocine, or an analog thereof;
33 (9) 30 grams or more of any substance containing
34 methaqualone or any of the salts, isomers and salts of
-815- LRB9111045EGfg
1 isomers of methaqualone, or an analog thereof;
2 (10) 30 grams or more of any substance
3 containing phencyclidine or any of the salts, isomers
4 and salts of isomers of phencyclidine (PCP), or an
5 analog thereof;
6 (10.5) 30 grams or more of any substance containing
7 ketamine or any of the salts, isomers and salts of
8 isomers of ketamine, or an analog thereof;
9 (11) 200 grams or more of any substance containing
10 any other controlled substance classified in Schedules I
11 or II, or an analog thereof, which is not otherwise
12 included in this subsection.
13 (b) Any person sentenced with respect to violations of
14 paragraph (1), (2), (3), (6.5), (6.6), or (7) of subsection
15 (a) involving 100 grams or more of the controlled substance
16 named therein, may in addition to the penalties provided
17 therein, be fined an amount not more than $500,000 or the
18 full street value of the controlled or counterfeit substance
19 or controlled substance analog, whichever is greater. The
20 term "street value" shall have the meaning ascribed in
21 Section 110-5 of the Code of Criminal Procedure of 1963. Any
22 person sentenced with respect to any other provision of
23 subsection (a), may in addition to the penalties provided
24 therein, be fined an amount not to exceed $500,000.
25 (c) Any person who violates this Section with regard to
26 the following amounts of controlled or counterfeit substances
27 or controlled substance analogs, notwithstanding any of the
28 provisions of subsections (a), (b), (d), (e), (f), (g) or (h)
29 to the contrary, is guilty of a Class 1 felony. The fine for
30 violation of this subsection (c) shall not be more than
31 $250,000:
32 (1) 10 or more grams but less than 15 grams of any
33 substance containing heroin, or an analog thereof;
34 (2) 1 gram or more but less than 15 grams of any
-816- LRB9111045EGfg
1 substance containing cocaine, or an analog thereof;
2 (3) 10 grams or more but less than 15 grams of any
3 substance containing morphine, or an analog thereof;
4 (4) 50 grams or more but less than 200 grams of any
5 substance containing peyote, or an analog thereof;
6 (5) 50 grams or more but less than 200 grams of any
7 substance containing a derivative of barbituric acid or
8 any of the salts of a derivative of barbituric acid, or
9 an analog thereof;
10 (6) 50 grams or more but less than 200 grams of any
11 substance containing amphetamine or any salt of an
12 optical isomer of amphetamine, or an analog thereof;
13 (6.5) 5 grams or more but less than 15 grams of any
14 substance containing methamphetamine or any salt or
15 optical isomer of methamphetamine, or an analog thereof;
16 (7) (i) 5 grams or more but less than 15 grams of
17 any substance containing lysergic acid diethylamide
18 (LSD), or an analog thereof, or (ii) more than 10 objects
19 or more than 10 segregated parts of an object or objects
20 but less than 15 objects or less than 15 segregated parts
21 of an object containing in them or having upon them any
22 amount of any substance containing lysergic acid
23 diethylamide (LSD), or an analog thereof;
24 (8) 10 grams or more but less than 30 grams of any
25 substance containing pentazocine or any of the salts,
26 isomers and salts of isomers of pentazocine, or an analog
27 thereof;
28 (9) 10 grams or more but less than 30 grams of any
29 substance containing methaqualone or any of the salts,
30 isomers and salts of isomers of methaqualone, or an
31 analog thereof;
32 (10) 10 grams or more but less than 30 grams of any
33 substance containing phencyclidine or any of the salts,
34 isomers and salts of isomers of phencyclidine (PCP), or
-817- LRB9111045EGfg
1 an analog thereof;
2 (10.5) 10 grams or more but less than 30 grams of
3 any substance containing ketamine or any of the salts,
4 isomers and salts of isomers of ketamine, or an analog
5 thereof;
6 (11) 50 grams or more but less than 200 grams of
7 any substance containing a substance classified in
8 Schedules I or II, or an analog thereof, which is not
9 otherwise included in this subsection.
10 (c-5) Any person who violates this Section with regard
11 to possession of any methamphetamine manufacturing chemical
12 set forth in paragraph (z-1) of Section 102 with intent to
13 manufacture 15 grams or more but less than 30 grams of
14 methamphetamine, or salt of an optical isomer of
15 methamphetamine or any analog thereof, is guilty of a Class 1
16 felony. The fine for violation of this subsection (c-5)
17 shall not be more than $250,000.
18 (d) Any person who violates this Section with regard to
19 any other amount of a controlled or counterfeit substance
20 classified in Schedules I or II, or an analog thereof, which
21 is (i) a narcotic drug, (ii) lysergic acid diethylamide (LSD)
22 or an analog thereof, or (iii) any substance containing
23 amphetamine or methamphetamine or any salt or optical isomer
24 of amphetamine or methamphetamine, or an analog thereof, is
25 guilty of a Class 2 felony. The fine for violation of this
26 subsection (d) shall not be more than $200,000.
27 (d-5) Any person who violates this Section with regard
28 to possession of any methamphetamine manufacturing chemical
29 set forth in paragraph (z-1) of Section 102 with intent to
30 manufacture less than 15 grams of methamphetamine, or salt of
31 an optical isomer of methamphetamine or any analog thereof,
32 is guilty of a Class 2 felony. The fine for violation of
33 this subsection (d-5) shall not be more than $200,000.
34 (e) Any person who violates this Section with regard to
-818- LRB9111045EGfg
1 any other amount of a controlled or counterfeit substance
2 classified in Schedule I or II, or an analog thereof, which
3 substance is not included under subsection (d) of this
4 Section, is guilty of a Class 3 felony. The fine for
5 violation of this subsection (e) shall not be more than
6 $150,000.
7 (f) Any person who violates this Section with regard to
8 any other amount of a controlled or counterfeit substance
9 classified in Schedule III is guilty of a Class 3 felony. The
10 fine for violation of this subsection (f) shall not be more
11 than $125,000.
12 (g) Any person who violates this Section with regard to
13 any other amount of a controlled or counterfeit substance
14 classified in Schedule IV is guilty of a Class 3 felony. The
15 fine for violation of this subsection (g) shall not be more
16 than $100,000.
17 (h) Any person who violates this Section with regard to
18 any other amount of a controlled or counterfeit substance
19 classified in Schedule V is guilty of a Class 3 felony. The
20 fine for violation of this subsection (h) shall not be more
21 than $75,000.
22 (i) This Section does not apply to the manufacture,
23 possession or distribution of a substance in conformance with
24 the provisions of an approved new drug application or an
25 exemption for investigational use within the meaning of
26 Section 505 of the Federal Food, Drug and Cosmetic Act.
27 (Source: P.A. 90-382, eff. 8-15-97; 90-593, eff. 6-19-98;
28 90-674, eff. 1-1-99; 91-336, eff. 1-1-00; 91-357, eff.
29 7-29-99; 91-403, eff. 1-1-00; revised 8-30-99.)
30 (720 ILCS 570/407) (from Ch. 56 1/2, par. 1407)
31 Sec. 407. (a) (1) Any person 18 years of age or over who
32 violates any subsection of Section 401 or subsection (b) of
33 Section 404 by delivering a controlled, counterfeit or
-819- LRB9111045EGfg
1 look-alike substance to a person under 18 years of age may be
2 sentenced to imprisonment for a term up to twice the maximum
3 term and fined an amount up to twice that amount otherwise
4 authorized by the pertinent subsection of Section 401 and
5 Subsection (b) of Section 404.
6 (2) Except as provided in paragraph (3) of this
7 subsection, any person who violates:
8 (A) subsection (c) of Section 401 by delivering or
9 possessing with intent to deliver a controlled,
10 counterfeit, or look-alike substance in or on, or within
11 1,000 feet of, a truck stop or safety rest area, is
12 guilty of a Class 1 felony, the fine for which shall not
13 exceed $250,000;
14 (B) subsection (d) of Section 401 by delivering or
15 possessing with intent to deliver a controlled,
16 counterfeit, or look-alike substance in or on, or within
17 1,000 feet of, a truck stop or safety rest area, is
18 guilty of a Class 2 felony, the fine for which shall not
19 exceed $200,000;
20 (C) subsection (e) of Section 401 or subsection (b)
21 of Section 404 by delivering or possessing with intent to
22 deliver a controlled, counterfeit, or look-alike
23 substance in or on, or within 1,000 feet of, a truck stop
24 or safety rest area, is guilty of a Class 3 felony, the
25 fine for which shall not exceed $150,000;
26 (D) subsection (f) of Section 401 by delivering or
27 possessing with intent to deliver a controlled,
28 counterfeit, or look-alike substance in or on, or within
29 1,000 feet of, a truck stop or safety rest area, is
30 guilty of a Class 3 felony, the fine for which shall not
31 exceed $125,000;
32 (E) subsection (g) of Section 401 by delivering or
33 possessing with intent to deliver a controlled,
34 counterfeit, or look-alike substance in or on, or within
-820- LRB9111045EGfg
1 1,000 feet of, a truck stop or safety rest area, is
2 guilty of a Class 3 felony, the fine for which shall not
3 exceed $100,000;
4 (F) subsection (h) of Section 401 by delivering or
5 possessing with intent to deliver a controlled,
6 counterfeit, or look-alike substance in or on, or within
7 1,000 feet of, a truck stop or safety rest area, is
8 guilty of a Class 3 felony, the fine for which shall not
9 exceed $75,000;
10 (3) Any person who violates paragraph (2) of this
11 subsection (a) by delivering or possessing with intent to
12 deliver a controlled, counterfeit, or look-alike substance in
13 or on, or within 1,000 feet of a truck stop or a safety rest
14 area, following a prior conviction or convictions of
15 paragraph (2) of this subsection (a) may be sentenced to a
16 term of imprisonment up to 2 times the maximum term and fined
17 an amount up to 2 times the amount otherwise authorized by
18 Section 401.
19 (4) For the purposes of this subsection (a):
20 (A) "Safety rest area" means a roadside facility
21 removed from the roadway with parking and facilities
22 designed for motorists' rest, comfort, and information
23 needs; and
24 (B) "Truck stop" means any facility (and its
25 parking areas) used to provide fuel or service, or both,
26 to any commercial motor vehicle as defined in Section
27 18b-101 of the Illinois Vehicle Code.
28 (b) Any person who violates:
29 (1) subsection (c) of Section 401 in any school, or
30 any conveyance owned, leased or contracted by a school to
31 transport students to or from school or a school related
32 activity, or residential property owned, operated or
33 managed by a public housing agency or leased by a public
34 housing agency as part of a scattered site or
-821- LRB9111045EGfg
1 mixed-income development, or public park, on the real
2 property comprising any school or residential property
3 owned, operated or managed by a public housing agency or
4 leased by a public housing agency as part of a scattered
5 site or mixed-income development, or public park or
6 within 1,000 feet of the real property comprising any
7 school or residential property owned, operated or managed
8 by a public housing agency or leased by a public housing
9 agency as part of a scattered site or mixed-income
10 development, or public park, on the real property
11 comprising any church, synagogue, or other building,
12 structure, or place used primarily for religious worship,
13 or within 1,000 feet of the real property comprising any
14 church, synagogue, or other building, structure, or place
15 used primarily for religious worship, on the real
16 property comprising any of the following places,
17 buildings, or structures used primarily for housing or
18 providing space for activities for senior citizens:
19 nursing homes, assisted-living centers, senior citizen
20 housing complexes, or senior centers oriented toward
21 daytime activities, or within 1,000 feet of the real
22 property comprising any of the following places,
23 buildings, or structures used primarily for housing or
24 providing space for activities for senior citizens:
25 nursing homes, assisted-living centers, senior citizen
26 housing complexes, or senior centers oriented toward
27 daytime activities is guilty of a Class X felony, the
28 fine for which shall not exceed $500,000;
29 (2) subsection (d) of Section 401 in any school, or
30 any conveyance owned, leased or contracted by a school to
31 transport students to or from school or a school related
32 activity, or residential property owned, operated or
33 managed by a public housing agency or leased by a public
34 housing agency as part of a scattered site or
-822- LRB9111045EGfg
1 mixed-income development, or public park, on the real
2 property comprising any school or residential property
3 owned, operated or managed by a public housing agency or
4 leased by a public housing agency as part of a scattered
5 site or mixed-income development, or public park or
6 within 1,000 feet of the real property comprising any
7 school or residential property owned, operated or managed
8 by a public housing agency or leased by a public housing
9 agency as part of a scattered site or mixed-income
10 development, or public park, on the real property
11 comprising any church, synagogue, or other building,
12 structure, or place used primarily for religious worship,
13 or within 1,000 feet of the real property comprising any
14 church, synagogue, or other building, structure, or place
15 used primarily for religious worship, on the real
16 property comprising any of the following places,
17 buildings, or structures used primarily for housing or
18 providing space for activities for senior citizens:
19 nursing homes, assisted-living centers, senior citizen
20 housing complexes, or senior centers oriented toward
21 daytime activities, or within 1,000 feet of the real
22 property comprising any of the following places,
23 buildings, or structures used primarily for housing or
24 providing space for activities for senior citizens:
25 nursing homes, assisted-living centers, senior citizen
26 housing complexes, or senior centers oriented toward
27 daytime activities is guilty of a Class 1 felony, the
28 fine for which shall not exceed $250,000;
29 (3) subsection (e) of Section 401 or Subsection (b)
30 of Section 404 in any school, or any conveyance owned,
31 leased or contracted by a school to transport students to
32 or from school or a school related activity, or
33 residential property owned, operated or managed by a
34 public housing agency or leased by a public housing
-823- LRB9111045EGfg
1 agency as part of a scattered site or mixed-income
2 development, or public park, on the real property
3 comprising any school or residential property owned,
4 operated or managed by a public housing agency or leased
5 by a public housing agency as part of a scattered site or
6 mixed-income development, or public park or within 1,000
7 feet of the real property comprising any school or
8 residential property owned, operated or managed by a
9 public housing agency or leased by a public housing
10 agency as part of a scattered site or mixed-income
11 development, or public park, on the real property
12 comprising any church, synagogue, or other building,
13 structure, or place used primarily for religious worship,
14 or within 1,000 feet of the real property comprising any
15 church, synagogue, or other building, structure, or place
16 used primarily for religious worship, on the real
17 property comprising any of the following places,
18 buildings, or structures used primarily for housing or
19 providing space for activities for senior citizens:
20 nursing homes, assisted-living centers, senior citizen
21 housing complexes, or senior centers oriented toward
22 daytime activities, or within 1,000 feet of the real
23 property comprising any of the following places,
24 buildings, or structures used primarily for housing or
25 providing space for activities for senior citizens:
26 nursing homes, assisted-living centers, senior citizen
27 housing complexes, or senior centers oriented toward
28 daytime activities is guilty of a Class 2 felony, the
29 fine for which shall not exceed $200,000;
30 (4) subsection (f) of Section 401 in any school, or
31 any conveyance owned, leased or contracted by a school to
32 transport students to or from school or a school related
33 activity, or residential property owned, operated or
34 managed by a public housing agency or leased by a public
-824- LRB9111045EGfg
1 housing agency as part of a scattered site or
2 mixed-income development, or public park, on the real
3 property comprising any school or residential property
4 owned, operated or managed by a public housing agency or
5 leased by a public housing agency as part of a scattered
6 site or mixed-income development, or public park or
7 within 1,000 feet of the real property comprising any
8 school or residential property owned, operated or managed
9 by a public housing agency or leased by a public housing
10 agency as part of a scattered site or mixed-income
11 development, or public park, on the real property
12 comprising any church, synagogue, or other building,
13 structure, or place used primarily for religious worship,
14 or within 1,000 feet of the real property comprising any
15 church, synagogue, or other building, structure, or place
16 used primarily for religious worship, on the real
17 property comprising any of the following places,
18 buildings, or structures used primarily for housing or
19 providing space for activities for senior citizens:
20 nursing homes, assisted-living centers, senior citizen
21 housing complexes, or senior centers oriented toward
22 daytime activities, or within 1,000 feet of the real
23 property comprising any of the following places,
24 buildings, or structures used primarily for housing or
25 providing space for activities for senior citizens:
26 nursing homes, assisted-living centers, senior citizen
27 housing complexes, or senior centers oriented toward
28 daytime activities is guilty of a Class 2 felony, the
29 fine for which shall not exceed $150,000;
30 (5) subsection (g) of Section 401 in any school, or
31 any conveyance owned, leased or contracted by a school to
32 transport students to or from school or a school related
33 activity, or residential property owned, operated or
34 managed by a public housing agency or leased by a public
-825- LRB9111045EGfg
1 housing agency as part of a scattered site or
2 mixed-income development, or public park, on the real
3 property comprising any school or residential property
4 owned, operated or managed by a public housing agency or
5 leased by a public housing agency as part of a scattered
6 site or mixed-income development, or public park or
7 within 1,000 feet of the real property comprising any
8 school or residential property owned, operated or managed
9 by a public housing agency or leased by a public housing
10 agency as part of a scattered site or mixed-income
11 development, or public park, on the real property
12 comprising any church, synagogue, or other building,
13 structure, or place used primarily for religious worship,
14 or within 1,000 feet of the real property comprising any
15 church, synagogue, or other building, structure, or place
16 used primarily for religious worship, on the real
17 property comprising any of the following places,
18 buildings, or structures used primarily for housing or
19 providing space for activities for senior citizens:
20 nursing homes, assisted-living centers, senior citizen
21 housing complexes, or senior centers oriented toward
22 daytime activities, or within 1,000 feet of the real
23 property comprising any of the following places,
24 buildings, or structures used primarily for housing or
25 providing space for activities for senior citizens:
26 nursing homes, assisted-living centers, senior citizen
27 housing complexes, or senior centers oriented toward
28 daytime activities is guilty of a Class 2 felony, the
29 fine for which shall not exceed $125,000;
30 (6) subsection (h) of Section 401 in any school, or
31 any conveyance owned, leased or contracted by a school to
32 transport students to or from school or a school related
33 activity, or residential property owned, operated or
34 managed by a public housing agency or leased by a public
-826- LRB9111045EGfg
1 housing agency as part of a scattered site or
2 mixed-income development, or public park, on the real
3 property comprising any school or residential property
4 owned, operated or managed by a public housing agency or
5 leased by a public housing agency as part of a scattered
6 site or mixed-income development, or public park or
7 within 1,000 feet of the real property comprising any
8 school or residential property owned, operated or managed
9 by a public housing agency or leased by a public housing
10 agency as part of a scattered site or mixed-income
11 development, or public park, on the real property
12 comprising any church, synagogue, or other building,
13 structure, or place used primarily for religious worship,
14 or within 1,000 feet of the real property comprising any
15 church, synagogue, or other building, structure, or place
16 used primarily for religious worship, on the real
17 property comprising any of the following places,
18 buildings, or structures used primarily for housing or
19 providing space for activities for senior citizens:
20 nursing homes, assisted-living centers, senior citizen
21 housing complexes, or senior centers oriented toward
22 daytime activities, or within 1,000 feet of the real
23 property comprising any of the following places,
24 buildings, or structures used primarily for housing or
25 providing space for activities for senior citizens:
26 nursing homes, assisted-living centers, senior citizen
27 housing complexes, or senior centers oriented toward
28 daytime activities is guilty of a Class 2 felony, the
29 fine for which shall not exceed $100,000.
30 (c) Regarding penalties prescribed in subsection (b) for
31 violations committed in a school or on or within 1,000 feet
32 of school property, the time of day, time of year and whether
33 classes were currently in session at the time of the offense
34 is irrelevant.
-827- LRB9111045EGfg
1 (Source: P.A. 89-451, eff. 1-1-97; 90-164, eff. 1-1-98;
2 91-353, eff. 1-1-00; 91-673, eff. 12-22-99; revised 1-12-00.)
3 Section 90. The Code of Criminal Procedure of 1963 is
4 amended by changing Sections 110-7 and 110-10 as follows:
5 (725 ILCS 5/110-7) (from Ch. 38, par. 110-7)
6 Sec. 110-7. Deposit of Bail Security.
7 (a) The person for whom bail has been set shall execute
8 the bail bond and deposit with the clerk of the court before
9 which the proceeding is pending a sum of money equal to 10%
10 of the bail, but in no event shall such deposit be less than
11 $25. The clerk of the court shall provide a space on each
12 form for a person other than the accused who has provided the
13 money for the posting of bail to so indicate and a space
14 signed by an accused who has executed the bail bond
15 indicating whether a person other than the accused has
16 provided the money for the posting of bail. The form shall
17 also include a written notice to such person who has provided
18 the defendant with the money for the posting of bail
19 indicating that the bail may be used to pay costs, attorney's
20 fees, fines, or other purposes authorized by the court and if
21 the defendant fails to comply with the conditions of the bail
22 bond, the court shall enter an order declaring the bail to be
23 forfeited. The written notice must be: (1) distinguishable
24 from the surrounding text; (2) in bold type or underscored;
25 and (3) in a type size at least 2 points larger than the
26 surrounding type. When a person for whom bail has been set
27 is charged with an offense under the "Illinois Controlled
28 Substances Act" which is a Class X felony, the court may
29 require the defendant to deposit a sum equal to 100% of the
30 bail. Where any person is charged with a forcible felony
31 while free on bail and is the subject of proceedings under
32 Section 109-3 of this Code the judge conducting the
-828- LRB9111045EGfg
1 preliminary examination may also conduct a hearing upon the
2 application of the State pursuant to the provisions of
3 Section 110-6 of this Code to increase or revoke the bail for
4 that person's prior alleged offense.
5 (b) Upon depositing this sum and any bond fee authorized
6 by law, the person shall be released from custody subject to
7 the conditions of the bail bond.
8 (c) Once bail has been given and a charge is pending or
9 is thereafter filed in or transferred to a court of competent
10 jurisdiction the latter court shall continue the original
11 bail in that court subject to the provisions of Section 110-6
12 of this Code.
13 (d) After conviction the court may order that the
14 original bail stand as bail pending appeal or deny, increase
15 or reduce bail subject to the provisions of Section 110-6.2.
16 (e) After the entry of an order by the trial court
17 allowing or denying bail pending appeal either party may
18 apply to the reviewing court having jurisdiction or to a
19 justice thereof sitting in vacation for an order increasing
20 or decreasing the amount of bail or allowing or denying bail
21 pending appeal subject to the provisions of Section 110-6.2.
22 (f) When the conditions of the bail bond have been
23 performed and the accused has been discharged from all
24 obligations in the cause the clerk of the court shall return
25 to the accused or to the defendant's designee by an
26 assignment executed at the time the bail amount is deposited,
27 unless the court orders otherwise, 90% of the sum which had
28 been deposited and shall retain as bail bond costs 10% of the
29 amount deposited. However, in no event shall the amount
30 retained by the clerk as bail bond costs be less than $5.
31 Bail bond deposited by or on behalf of a defendant in one
32 case may be used, in the court's discretion, to satisfy
33 financial obligations of that same defendant incurred in a
34 different case due to a fine, court costs, restitution or
-829- LRB9111045EGfg
1 fees of the defendant's attorney of record. The court shall
2 not order bail bond deposited by or on behalf of a defendant
3 in one case to be used to satisfy financial obligations of
4 that same defendant in a different case until the bail bond
5 is first used to satisfy court costs in the case in which the
6 bail bond has been deposited.
7 At the request of the defendant the court may order such
8 90% of defendant's bail deposit, or whatever amount is
9 repayable to defendant from such deposit, to be paid to
10 defendant's attorney of record.
11 (g) If the accused does not comply with the conditions
12 of the bail bond the court having jurisdiction shall enter an
13 order declaring the bail to be forfeited. Notice of such
14 order of forfeiture shall be mailed forthwith to the accused
15 at his last known address. If the accused does not appear
16 and surrender to the court having jurisdiction within 30 days
17 from the date of the forfeiture or within such period satisfy
18 the court that appearance and surrender by the accused is
19 impossible and without his fault the court shall enter
20 judgment for the State if the charge for which the bond was
21 given was a felony or misdemeanor, or if the charge was
22 quasi-criminal or traffic, judgment for the political
23 subdivision of the State which prosecuted the case, against
24 the accused for the amount of the bail and costs of the court
25 proceedings; however, in counties with a population of less
26 than 3,000,000, instead of the court entering a judgment for
27 the full amount of the bond the court may, in its discretion,
28 enter judgment for the cash deposit on the bond, less costs,
29 retain the deposit for further disposition or, if a cash bond
30 was posted for failure to appear in a matter involving
31 enforcement of child support or maintenance, the amount of
32 the cash deposit on the bond, less outstanding costs, may be
33 awarded to the person or entity to whom the child support or
34 maintenance is due. The deposit made in accordance with
-830- LRB9111045EGfg
1 paragraph (a) shall be applied to the payment of costs. If
2 judgment is entered and any amount of such deposit remains
3 after the payment of costs it shall be applied to payment of
4 the judgment and transferred to the treasury of the municipal
5 corporation wherein the bond was taken if the offense was a
6 violation of any penal ordinance of a political subdivision
7 of this State, or to the treasury of the county wherein the
8 bond was taken if the offense was a violation of any penal
9 statute of this State. The balance of the judgment may be
10 enforced and collected in the same manner as a judgment
11 entered in a civil action.
12 (h) After a judgment for a fine and court costs or
13 either is entered in the prosecution of a cause in which a
14 deposit had been made in accordance with paragraph (a) the
15 balance of such deposit, after deduction of bail bond costs,
16 shall be applied to the payment of the judgment.
17 (Source: P.A. 91-94, eff. 1-1-00; 91-183, eff. 1-1-00;
18 revised 10-7-99.)
19 (725 ILCS 5/110-10) (from Ch. 38, par. 110-10)
20 Sec. 110-10. Conditions of bail bond.
21 (a) If a person is released prior to conviction, either
22 upon payment of bail security or on his or her own
23 recognizance, the conditions of the bail bond shall be that
24 he or she will:
25 (1) Appear to answer the charge in the court having
26 jurisdiction on a day certain and thereafter as ordered
27 by the court until discharged or final order of the
28 court;
29 (2) Submit himself or herself to the orders and
30 process of the court;
31 (3) Not depart this State without leave of the
32 court;
33 (4) Not violate any criminal statute of any
-831- LRB9111045EGfg
1 jurisdiction;
2 (5) At a time and place designated by the court,
3 surrender all firearms in his or her possession to a law
4 enforcement officer designated by the court to take
5 custody of and impound the firearms when the offense the
6 person has been charged with is a forcible felony,
7 stalking, aggravated stalking, domestic battery, any
8 violation of either the Illinois Controlled Substances
9 Act or the Cannabis Control Act that is classified as a
10 Class 2 or greater felony, or any felony violation of
11 Article 24 of the Criminal Code of 1961; the court may,
12 however, forgo forego the imposition of this condition
13 when the circumstances of the case clearly do not warrant
14 it or when its imposition would be impractical; all
15 legally possessed firearms shall be returned to the
16 person upon that person completing a sentence for a
17 conviction on a misdemeanor domestic battery, upon the
18 charges being dismissed, or if the person is found not
19 guilty, unless the finding of not guilty is by reason of
20 insanity; and
21 (6) At a time and place designated by the court,
22 submit to a psychological evaluation when the person has
23 been charged with a violation of item (4) of subsection
24 (a) of Section 24-1 of the Criminal Code of 1961 and that
25 violation occurred in a school or in any conveyance
26 owned, leased, or contracted by a school to transport
27 students to or from school or a school-related activity,
28 or on any public way within 1,000 feet of real property
29 comprising any school.
30 Psychological evaluations ordered pursuant to this
31 Section shall be completed promptly and made available to the
32 State, the defendant, and the court. As a further condition
33 of bail under these circumstances, the court shall order the
34 defendant to refrain from entering upon the property of the
-832- LRB9111045EGfg
1 school, including any conveyance owned, leased, or contracted
2 by a school to transport students to or from school or a
3 school-related activity, or on any public way within 1,000
4 feet of real property comprising any school. Upon receipt of
5 the psychological evaluation, either the State or the
6 defendant may request a change in the conditions of bail,
7 pursuant to Section 110-6 of this Code. The court may change
8 the conditions of bail to include a requirement that the
9 defendant follow the recommendations of the psychological
10 evaluation, including undergoing psychiatric treatment. The
11 conclusions of the psychological evaluation and any
12 statements elicited from the defendant during its
13 administration are not admissible as evidence of guilt during
14 the course of any trial on the charged offense, unless the
15 defendant places his or her mental competency in issue.
16 (b) The court may impose other conditions, such as the
17 following, if the court finds that such conditions are
18 reasonably necessary to assure the defendant's appearance in
19 court, protect the public from the defendant, or prevent the
20 defendant's unlawful interference with the orderly
21 administration of justice:
22 (1) Report to or appear in person before such
23 person or agency as the court may direct;
24 (2) Refrain from possessing a firearm or other
25 dangerous weapon;
26 (3) Refrain from approaching or communicating with
27 particular persons or classes of persons;
28 (4) Refrain from going to certain described
29 geographical areas or premises;
30 (5) Refrain from engaging in certain activities or
31 indulging in intoxicating liquors or in certain drugs;
32 (6) Undergo treatment for drug addiction or
33 alcoholism;
34 (7) Undergo medical or psychiatric treatment;
-833- LRB9111045EGfg
1 (8) Work or pursue a course of study or vocational
2 training;
3 (9) Attend or reside in a facility designated by
4 the court;
5 (10) Support his or her dependents;
6 (11) If a minor resides with his or her parents or
7 in a foster home, attend school, attend a non-residential
8 program for youths, and contribute to his or her own
9 support at home or in a foster home;
10 (12) Observe any curfew ordered by the court;
11 (13) Remain in the custody of such designated
12 person or organization agreeing to supervise his release.
13 Such third party custodian shall be responsible for
14 notifying the court if the defendant fails to observe the
15 conditions of release which the custodian has agreed to
16 monitor, and shall be subject to contempt of court for
17 failure so to notify the court;
18 (14) Be placed under direct supervision of the
19 Pretrial Services Agency, Probation Department or Court
20 Services Department in a pretrial bond home supervision
21 capacity with or without the use of an approved
22 electronic monitoring device subject to Article 8A of
23 Chapter V of the Unified Code of Corrections; or
24 (14.1) The court shall impose upon a defendant who
25 is charged with any alcohol, cannabis or controlled
26 substance violation and is placed under direct
27 supervision of the Pretrial Services Agency, Probation
28 Department or Court Services Department in a pretrial
29 bond home supervision capacity with the use of an
30 approved monitoring device, as a condition of such bail
31 bond, a fee that represents costs incidental to the
32 electronic monitoring for each day of such bail
33 supervision ordered by the court, unless after
34 determining the inability of the defendant to pay the
-834- LRB9111045EGfg
1 fee, the court assesses a lesser fee or no fee as the
2 case may be. The fee shall be collected by the clerk of
3 the circuit court. The clerk of the circuit court shall
4 pay all monies collected from this fee to the county
5 treasurer for deposit in the substance abuse services
6 fund under Section 5-1086.1 of the Counties Code;
7 (14.2) The court shall impose upon all defendants,
8 including those defendants subject to paragraph (14.1)
9 above, placed under direct supervision of the Pretrial
10 Services Agency, Probation Department or Court Services
11 Department in a pretrial bond home supervision capacity
12 with the use of an approved monitoring device, as a
13 condition of such bail bond, a fee which shall represent
14 costs incidental to such electronic monitoring for each
15 day of such bail supervision ordered by the court, unless
16 after determining the inability of the defendant to pay
17 the fee, the court assesses a lesser fee or no fee as the
18 case may be. The fee shall be collected by the clerk of
19 the circuit court. The clerk of the circuit court shall
20 pay all monies collected from this fee to the county
21 treasurer who shall use the monies collected to defray
22 the costs of corrections. The county treasurer shall
23 deposit the fee collected in the county working cash fund
24 under Section 6-27001 or Section 6-29002 of the Counties
25 Code, as the case may be;
26 (15) Comply with the terms and conditions of an
27 order of protection issued by the court under the
28 Illinois Domestic Violence Act of 1986;
29 (16) Under Section 110-6.5 comply with the
30 conditions of the drug testing program; and
31 (17) Such other reasonable conditions as the court
32 may impose.
33 (c) When a person is charged with an offense under
34 Section 12-13, 12-14, 12-14.1, 12-15 or 12-16 of the
-835- LRB9111045EGfg
1 "Criminal Code of 1961", involving a victim who is a minor
2 under 18 years of age living in the same household with the
3 defendant at the time of the offense, in granting bail or
4 releasing the defendant on his own recognizance, the judge
5 shall impose conditions to restrict the defendant's access to
6 the victim which may include, but are not limited to
7 conditions that he will:
8 1. Vacate the Household.
9 2. Make payment of temporary support to his
10 dependents.
11 3. Refrain from contact or communication with the
12 child victim, except as ordered by the court.
13 (d) When a person is charged with a criminal offense and
14 the victim is a family or household member as defined in
15 Article 112A, conditions shall be imposed at the time of the
16 defendant's release on bond that restrict the defendant's
17 access to the victim. Unless provided otherwise by the court,
18 the restrictions shall include requirements that the
19 defendant do the following:
20 (1) refrain from contact or communication with the
21 victim for a minimum period of 72 hours following the
22 defendant's release; and
23 (2) refrain from entering or remaining at the
24 victim's residence for a minimum period of 72 hours
25 following the defendant's release.
26 (e) Local law enforcement agencies shall develop
27 standardized bond forms for use in cases involving family or
28 household members as defined in Article 112A, including
29 specific conditions of bond as provided in subsection (d).
30 Failure of any law enforcement department to develop or use
31 those forms shall in no way limit the applicability and
32 enforcement of subsections (d) and (f).
33 (f) If the defendant is admitted to bail after
34 conviction the conditions of the bail bond shall be that he
-836- LRB9111045EGfg
1 will, in addition to the conditions set forth in subsections
2 (a) and (b) hereof:
3 (1) Duly prosecute his appeal;
4 (2) Appear at such time and place as the court may
5 direct;
6 (3) Not depart this State without leave of the
7 court;
8 (4) Comply with such other reasonable conditions as
9 the court may impose; and,
10 (5) If the judgment is affirmed or the cause
11 reversed and remanded for a new trial, forthwith
12 surrender to the officer from whose custody he was
13 bailed.
14 (Source: P.A. 90-399, eff. 1-1-98; 91-11, eff. 6-4-99;
15 91-312, eff. 1-1-00; revised 10-15-99.)
16 Section 91. The Unified Code of Corrections is amended by
17 changing Sections 5-5-3, 5-5-3.2, 5-5-6, 5-8-1, and 5-8-4 as
18 follows:
19 (730 ILCS 5/5-5-3) (from Ch. 38, par. 1005-5-3)
20 Sec. 5-5-3. Disposition.
21 (a) Every person convicted of an offense shall be
22 sentenced as provided in this Section.
23 (b) The following options shall be appropriate
24 dispositions, alone or in combination, for all felonies and
25 misdemeanors other than those identified in subsection (c) of
26 this Section:
27 (1) A period of probation.
28 (2) A term of periodic imprisonment.
29 (3) A term of conditional discharge.
30 (4) A term of imprisonment.
31 (5) An order directing the offender to clean up and
32 repair the damage, if the offender was convicted under
-837- LRB9111045EGfg
1 paragraph (h) of Section 21-1 of the Criminal Code of
2 1961.
3 (6) A fine.
4 (7) An order directing the offender to make
5 restitution to the victim under Section 5-5-6 of this
6 Code.
7 (8) A sentence of participation in a county impact
8 incarceration program under Section 5-8-1.2 of this Code.
9 Whenever an individual is sentenced for an offense based
10 upon an arrest for a violation of Section 11-501 of the
11 Illinois Vehicle Code, or a similar provision of a local
12 ordinance, and the professional evaluation recommends
13 remedial or rehabilitative treatment or education, neither
14 the treatment nor the education shall be the sole disposition
15 and either or both may be imposed only in conjunction with
16 another disposition. The court shall monitor compliance with
17 any remedial education or treatment recommendations contained
18 in the professional evaluation. Programs conducting alcohol
19 or other drug evaluation or remedial education must be
20 licensed by the Department of Human Services. However, if
21 the individual is not a resident of Illinois, the court may
22 accept an alcohol or other drug evaluation or remedial
23 education program in the state of such individual's
24 residence. Programs providing treatment must be licensed
25 under existing applicable alcoholism and drug treatment
26 licensure standards.
27 In addition to any other fine or penalty required by law,
28 any individual convicted of a violation of Section 11-501 of
29 the Illinois Vehicle Code or a similar provision of local
30 ordinance, whose operation of a motor vehicle while in
31 violation of Section 11-501 or such ordinance proximately
32 caused an incident resulting in an appropriate emergency
33 response, shall be required to make restitution to a public
34 agency for the costs of that emergency response. Such
-838- LRB9111045EGfg
1 restitution shall not exceed $500 per public agency for each
2 such emergency response. For the purpose of this paragraph,
3 emergency response shall mean any incident requiring a
4 response by: a police officer as defined under Section 1-162
5 of the Illinois Vehicle Code; a fireman carried on the rolls
6 of a regularly constituted fire department; and an ambulance
7 as defined under Section 4.05 of the Emergency Medical
8 Services (EMS) Systems Act.
9 Neither a fine nor restitution shall be the sole
10 disposition for a felony and either or both may be imposed
11 only in conjunction with another disposition.
12 (c) (1) When a defendant is found guilty of first degree
13 murder the State may either seek a sentence of
14 imprisonment under Section 5-8-1 of this Code, or where
15 appropriate seek a sentence of death under Section 9-1 of
16 the Criminal Code of 1961.
17 (2) A period of probation, a term of periodic
18 imprisonment or conditional discharge shall not be
19 imposed for the following offenses. The court shall
20 sentence the offender to not less than the minimum term
21 of imprisonment set forth in this Code for the following
22 offenses, and may order a fine or restitution or both in
23 conjunction with such term of imprisonment:
24 (A) First degree murder where the death
25 penalty is not imposed.
26 (B) Attempted first degree murder.
27 (C) A Class X felony.
28 (D) A violation of Section 401.1 or 407 of the
29 Illinois Controlled Substances Act, or a violation
30 of subdivision (c)(2) of Section 401 of that Act
31 which relates to more than 5 grams of a substance
32 containing cocaine or an analog thereof.
33 (E) A violation of Section 5.1 or 9 of the
34 Cannabis Control Act.
-839- LRB9111045EGfg
1 (F) A Class 2 or greater felony if the
2 offender had been convicted of a Class 2 or greater
3 felony within 10 years of the date on which the
4 offender committed the offense for which he or she
5 is being sentenced, except as otherwise provided in
6 Section 40-10 of the Alcoholism and Other Drug Abuse
7 and Dependency Act.
8 (G) Residential burglary, except as otherwise
9 provided in Section 40-10 of the Alcoholism and
10 Other Drug Abuse and Dependency Act.
11 (H) Criminal sexual assault, except as
12 otherwise provided in subsection (e) of this
13 Section.
14 (I) Aggravated battery of a senior citizen.
15 (J) A forcible felony if the offense was
16 related to the activities of an organized gang.
17 Before July 1, 1994, for the purposes of this
18 paragraph, "organized gang" means an association of
19 5 or more persons, with an established hierarchy,
20 that encourages members of the association to
21 perpetrate crimes or provides support to the members
22 of the association who do commit crimes.
23 Beginning July 1, 1994, for the purposes of
24 this paragraph, "organized gang" has the meaning
25 ascribed to it in Section 10 of the Illinois
26 Streetgang Terrorism Omnibus Prevention Act.
27 (K) Vehicular hijacking.
28 (L) A second or subsequent conviction for the
29 offense of hate crime when the underlying offense
30 upon which the hate crime is based is felony
31 aggravated assault or felony mob action.
32 (M) A second or subsequent conviction for the
33 offense of institutional vandalism if the damage to
34 the property exceeds $300.
-840- LRB9111045EGfg
1 (N) A Class 3 felony violation of paragraph
2 (1) of subsection (a) of Section 2 of the Firearm
3 Owners Identification Card Act.
4 (O) A violation of Section 12-6.1 of the
5 Criminal Code of 1961.
6 (P) A violation of paragraph (1), (2), (3),
7 (4), (5), or (7) of subsection (a) of Section
8 11-20.1 of the Criminal Code of 1961.
9 (Q) A violation of Section 20-1.2 of the
10 Criminal Code of 1961.
11 (R) A violation of Section 24-3A of the
12 Criminal Code of 1961.
13 (3) A minimum term of imprisonment of not less than
14 48 consecutive hours or 100 hours of community service as
15 may be determined by the court shall be imposed for a
16 second or subsequent violation committed within 5 years
17 of a previous violation of Section 11-501 of the Illinois
18 Vehicle Code or a similar provision of a local ordinance.
19 (4) A minimum term of imprisonment of not less than
20 7 consecutive days or 30 days of community service shall
21 be imposed for a violation of paragraph (c) of Section
22 6-303 of the Illinois Vehicle Code.
23 (4.1) A minimum term of 30 consecutive days of
24 imprisonment, 40 days of 24 hour periodic imprisonment or
25 720 hours of community service, as may be determined by
26 the court, shall be imposed for a violation of Section
27 11-501 of the Illinois Vehicle Code during a period in
28 which the defendant's driving privileges are revoked or
29 suspended, where the revocation or suspension was for a
30 violation of Section 11-501 or Section 11-501.1 of that
31 Code.
32 (5) The court may sentence an offender convicted of
33 a business offense or a petty offense or a corporation or
34 unincorporated association convicted of any offense to:
-841- LRB9111045EGfg
1 (A) a period of conditional discharge;
2 (B) a fine;
3 (C) make restitution to the victim under
4 Section 5-5-6 of this Code.
5 (6) In no case shall an offender be eligible for a
6 disposition of probation or conditional discharge for a
7 Class 1 felony committed while he was serving a term of
8 probation or conditional discharge for a felony.
9 (7) When a defendant is adjudged a habitual
10 criminal under Article 33B of the Criminal Code of 1961,
11 the court shall sentence the defendant to a term of
12 natural life imprisonment.
13 (8) When a defendant, over the age of 21 years, is
14 convicted of a Class 1 or Class 2 felony, after having
15 twice been convicted of any Class 2 or greater Class
16 felonies in Illinois, and such charges are separately
17 brought and tried and arise out of different series of
18 acts, such defendant shall be sentenced as a Class X
19 offender. This paragraph shall not apply unless (1) the
20 first felony was committed after the effective date of
21 this amendatory Act of 1977; and (2) the second felony
22 was committed after conviction on the first; and (3) the
23 third felony was committed after conviction on the
24 second.
25 (9) A defendant convicted of a second or subsequent
26 offense of ritualized abuse of a child may be sentenced
27 to a term of natural life imprisonment.
28 (d) In any case in which a sentence originally imposed
29 is vacated, the case shall be remanded to the trial court.
30 The trial court shall hold a hearing under Section 5-4-1 of
31 the Unified Code of Corrections which may include evidence of
32 the defendant's life, moral character and occupation during
33 the time since the original sentence was passed. The trial
34 court shall then impose sentence upon the defendant. The
-842- LRB9111045EGfg
1 trial court may impose any sentence which could have been
2 imposed at the original trial subject to Section 5-5-4 of the
3 Unified Code of Corrections.
4 (e) In cases where prosecution for criminal sexual
5 assault or aggravated criminal sexual abuse under Section
6 12-13 or 12-16 of the Criminal Code of 1961 results in
7 conviction of a defendant who was a family member of the
8 victim at the time of the commission of the offense, the
9 court shall consider the safety and welfare of the victim and
10 may impose a sentence of probation only where:
11 (1) the court finds (A) or (B) or both are
12 appropriate:
13 (A) the defendant is willing to undergo a
14 court approved counseling program for a minimum
15 duration of 2 years; or
16 (B) the defendant is willing to participate in
17 a court approved plan including but not limited to
18 the defendant's:
19 (i) removal from the household;
20 (ii) restricted contact with the victim;
21 (iii) continued financial support of the
22 family;
23 (iv) restitution for harm done to the
24 victim; and
25 (v) compliance with any other measures
26 that the court may deem appropriate; and
27 (2) the court orders the defendant to pay for the
28 victim's counseling services, to the extent that the
29 court finds, after considering the defendant's income and
30 assets, that the defendant is financially capable of
31 paying for such services, if the victim was under 18
32 years of age at the time the offense was committed and
33 requires counseling as a result of the offense.
34 Probation may be revoked or modified pursuant to Section
-843- LRB9111045EGfg
1 5-6-4; except where the court determines at the hearing that
2 the defendant violated a condition of his or her probation
3 restricting contact with the victim or other family members
4 or commits another offense with the victim or other family
5 members, the court shall revoke the defendant's probation and
6 impose a term of imprisonment.
7 For the purposes of this Section, "family member" and
8 "victim" shall have the meanings ascribed to them in Section
9 12-12 of the Criminal Code of 1961.
10 (f) This Article shall not deprive a court in other
11 proceedings to order a forfeiture of property, to suspend or
12 cancel a license, to remove a person from office, or to
13 impose any other civil penalty.
14 (g) Whenever a defendant is convicted of an offense
15 under Sections 11-14, 11-15, 11-15.1, 11-16, 11-17, 11-18,
16 11-18.1, 11-19, 11-19.1, 11-19.2, 12-13, 12-14, 12-14.1,
17 12-15 or 12-16 of the Criminal Code of 1961, the defendant
18 shall undergo medical testing to determine whether the
19 defendant has any sexually transmissible disease, including a
20 test for infection with human immunodeficiency virus (HIV) or
21 any other identified causative agent of acquired
22 immunodeficiency syndrome (AIDS). Any such medical test
23 shall be performed only by appropriately licensed medical
24 practitioners and may include an analysis of any bodily
25 fluids as well as an examination of the defendant's person.
26 Except as otherwise provided by law, the results of such test
27 shall be kept strictly confidential by all medical personnel
28 involved in the testing and must be personally delivered in a
29 sealed envelope to the judge of the court in which the
30 conviction was entered for the judge's inspection in camera.
31 Acting in accordance with the best interests of the victim
32 and the public, the judge shall have the discretion to
33 determine to whom, if anyone, the results of the testing may
34 be revealed. The court shall notify the defendant of the test
-844- LRB9111045EGfg
1 results. The court shall also notify the victim if requested
2 by the victim, and if the victim is under the age of 15 and
3 if requested by the victim's parents or legal guardian, the
4 court shall notify the victim's parents or legal guardian of
5 the test results. The court shall provide information on the
6 availability of HIV testing and counseling at Department of
7 Public Health facilities to all parties to whom the results
8 of the testing are revealed and shall direct the State's
9 Attorney to provide the information to the victim when
10 possible. A State's Attorney may petition the court to obtain
11 the results of any HIV test administered under this Section,
12 and the court shall grant the disclosure if the State's
13 Attorney shows it is relevant in order to prosecute a charge
14 of criminal transmission of HIV under Section 12-16.2 of the
15 Criminal Code of 1961 against the defendant. The court shall
16 order that the cost of any such test shall be paid by the
17 county and may be taxed as costs against the convicted
18 defendant.
19 (g-5) When an inmate is tested for an airborne
20 communicable disease, as determined by the Illinois
21 Department of Public Health including but not limited to
22 tuberculosis, the results of the test shall be personally
23 delivered by the warden or his or her designee in a sealed
24 envelope to the judge of the court in which the inmate must
25 appear for the judge's inspection in camera if requested by
26 the judge. Acting in accordance with the best interests of
27 those in the courtroom, the judge shall have the discretion
28 to determine what if any precautions need to be taken to
29 prevent transmission of the disease in the courtroom.
30 (h) Whenever a defendant is convicted of an offense
31 under Section 1 or 2 of the Hypodermic Syringes and Needles
32 Act, the defendant shall undergo medical testing to determine
33 whether the defendant has been exposed to human
34 immunodeficiency virus (HIV) or any other identified
-845- LRB9111045EGfg
1 causative agent of acquired immunodeficiency syndrome (AIDS).
2 Except as otherwise provided by law, the results of such test
3 shall be kept strictly confidential by all medical personnel
4 involved in the testing and must be personally delivered in a
5 sealed envelope to the judge of the court in which the
6 conviction was entered for the judge's inspection in camera.
7 Acting in accordance with the best interests of the public,
8 the judge shall have the discretion to determine to whom, if
9 anyone, the results of the testing may be revealed. The court
10 shall notify the defendant of a positive test showing an
11 infection with the human immunodeficiency virus (HIV). The
12 court shall provide information on the availability of HIV
13 testing and counseling at Department of Public Health
14 facilities to all parties to whom the results of the testing
15 are revealed and shall direct the State's Attorney to provide
16 the information to the victim when possible. A State's
17 Attorney may petition the court to obtain the results of any
18 HIV test administered under this Section, and the court
19 shall grant the disclosure if the State's Attorney shows it
20 is relevant in order to prosecute a charge of criminal
21 transmission of HIV under Section 12-16.2 of the Criminal
22 Code of 1961 against the defendant. The court shall order
23 that the cost of any such test shall be paid by the county
24 and may be taxed as costs against the convicted defendant.
25 (i) All fines and penalties imposed under this Section
26 for any violation of Chapters 3, 4, 6, and 11 of the Illinois
27 Vehicle Code, or a similar provision of a local ordinance,
28 and any violation of the Child Passenger Protection Act, or a
29 similar provision of a local ordinance, shall be collected
30 and disbursed by the circuit clerk as provided under Section
31 27.5 of the Clerks of Courts Act.
32 (j) In cases when prosecution for any violation of
33 Section 11-6, 11-8, 11-9, 11-11, 11-14, 11-15, 11-15.1,
34 11-16, 11-17, 11-17.1, 11-18, 11-18.1, 11-19, 11-19.1,
-846- LRB9111045EGfg
1 11-19.2, 11-20.1, 11-21, 12-13, 12-14, 12-14.1, 12-15, or
2 12-16 of the Criminal Code of 1961, any violation of the
3 Illinois Controlled Substances Act, or any violation of the
4 Cannabis Control Act results in conviction, a disposition of
5 court supervision, or an order of probation granted under
6 Section 10 of the Cannabis Control Act or Section 410 of the
7 Illinois Controlled Substance Act of a defendant, the court
8 shall determine whether the defendant is employed by a
9 facility or center as defined under the Child Care Act of
10 1969, a public or private elementary or secondary school, or
11 otherwise works with children under 18 years of age on a
12 daily basis. When a defendant is so employed, the court
13 shall order the Clerk of the Court to send a copy of the
14 judgment of conviction or order of supervision or probation
15 to the defendant's employer by certified mail. If the
16 employer of the defendant is a school, the Clerk of the Court
17 shall direct the mailing of a copy of the judgment of
18 conviction or order of supervision or probation to the
19 appropriate regional superintendent of schools. The regional
20 superintendent of schools shall notify the State Board of
21 Education of any notification under this subsection.
22 (j-5) A defendant at least 17 years of age who is
23 convicted of a felony and who has not been previously
24 convicted of a misdemeanor or felony and who is sentenced to
25 a term of imprisonment in the Illinois Department of
26 Corrections shall as a condition of his or her sentence be
27 required by the court to attend educational courses designed
28 to prepare the defendant for a high school diploma and to
29 work toward a high school diploma or to work toward passing
30 the high school level Test of General Educational Development
31 (GED) or to work toward completing a vocational training
32 program offered by the Department of Corrections. If a
33 defendant fails to complete the educational training required
34 by his or her sentence during the term of incarceration, the
-847- LRB9111045EGfg
1 Prisoner Review Board shall, as a condition of mandatory
2 supervised release, require the defendant, at his or her own
3 expense, to pursue a course of study toward a high school
4 diploma or passage of the GED test. The Prisoner Review
5 Board shall revoke the mandatory supervised release of a
6 defendant who wilfully fails to comply with this subsection
7 (j-5) upon his or her release from confinement in a penal
8 institution while serving a mandatory supervised release
9 term; however, the inability of the defendant after making a
10 good faith effort to obtain financial aid or pay for the
11 educational training shall not be deemed a wilful failure to
12 comply. The Prisoner Review Board shall recommit the
13 defendant whose mandatory supervised release term has been
14 revoked under this subsection (j-5) as provided in Section
15 3-3-9. This subsection (j-5) does not apply to a defendant
16 who has a high school diploma or has successfully passed the
17 GED test. This subsection (j-5) does not apply to a defendant
18 who is determined by the court to be developmentally disabled
19 or otherwise mentally incapable of completing the educational
20 or vocational program.
21 (k) A court may not impose a sentence or disposition for
22 a felony or misdemeanor that requires the defendant to be
23 implanted or injected with or to use any form of birth
24 control.
25 (l) (A) Except as provided in paragraph (C) of
26 subsection (l), whenever a defendant, who is an alien as
27 defined by the Immigration and Nationality Act, is
28 convicted of any felony or misdemeanor offense, the court
29 after sentencing the defendant may, upon motion of the
30 State's Attorney, hold sentence in abeyance and remand
31 the defendant to the custody of the Attorney General of
32 the United States or his or her designated agent to be
33 deported when:
34 (1) a final order of deportation has been
-848- LRB9111045EGfg
1 issued against the defendant pursuant to proceedings
2 under the Immigration and Nationality Act, and
3 (2) the deportation of the defendant would not
4 deprecate the seriousness of the defendant's conduct
5 and would not be inconsistent with the ends of
6 justice.
7 Otherwise, the defendant shall be sentenced as
8 provided in this Chapter V.
9 (B) If the defendant has already been sentenced for
10 a felony or misdemeanor offense, or has been placed on
11 probation under Section 10 of the Cannabis Control Act or
12 Section 410 of the Illinois Controlled Substances Act,
13 the court may, upon motion of the State's Attorney to
14 suspend the sentence imposed, commit the defendant to the
15 custody of the Attorney General of the United States or
16 his or her designated agent when:
17 (1) a final order of deportation has been
18 issued against the defendant pursuant to proceedings
19 under the Immigration and Nationality Act, and
20 (2) the deportation of the defendant would not
21 deprecate the seriousness of the defendant's conduct
22 and would not be inconsistent with the ends of
23 justice.
24 (C) This subsection (l) does not apply to offenders
25 who are subject to the provisions of paragraph (2) of
26 subsection (a) of Section 3-6-3.
27 (D) Upon motion of the State's Attorney, if a
28 defendant sentenced under this Section returns to the
29 jurisdiction of the United States, the defendant shall be
30 recommitted to the custody of the county from which he or
31 she was sentenced. Thereafter, the defendant shall be
32 brought before the sentencing court, which may impose any
33 sentence that was available under Section 5-5-3 at the
34 time of initial sentencing. In addition, the defendant
-849- LRB9111045EGfg
1 shall not be eligible for additional good conduct credit
2 for meritorious service as provided under Section 3-6-6.
3 (m) A person convicted of criminal defacement of
4 property under Section 21-1.3 of the Criminal Code of 1961,
5 in which the property damage exceeds $300 and the property
6 damaged is a school building, shall be ordered to perform
7 community service that may include cleanup, removal, or
8 painting over the defacement.
9 (Source: P.A. 90-14, eff. 7-1-97; 90-68, eff. 7-8-97; 90-680,
10 eff. 1-1-99; 90-685, eff. 1-1-99; 90-787, eff. 8-14-98;
11 91-357, eff. 7-29-99; 91-404, eff. 1-1-00; 91-663, eff.
12 12-22-99; revised 1-5-00.)
13 (730 ILCS 5/5-5-3.2) (from Ch. 38, par. 1005-5-3.2)
14 Sec. 5-5-3.2. Factors in Aggravation.
15 (a) The following factors shall be accorded weight in
16 favor of imposing a term of imprisonment or may be considered
17 by the court as reasons to impose a more severe sentence
18 under Section 5-8-1:
19 (1) the defendant's conduct caused or threatened
20 serious harm;
21 (2) the defendant received compensation for
22 committing the offense;
23 (3) the defendant has a history of prior
24 delinquency or criminal activity;
25 (4) the defendant, by the duties of his office or
26 by his position, was obliged to prevent the particular
27 offense committed or to bring the offenders committing it
28 to justice;
29 (5) the defendant held public office at the time of
30 the offense, and the offense related to the conduct of
31 that office;
32 (6) the defendant utilized his professional
33 reputation or position in the community to commit the
-850- LRB9111045EGfg
1 offense, or to afford him an easier means of committing
2 it;
3 (7) the sentence is necessary to deter others from
4 committing the same crime;
5 (8) the defendant committed the offense against a
6 person 60 years of age or older or such person's
7 property;
8 (9) the defendant committed the offense against a
9 person who is physically handicapped or such person's
10 property;
11 (10) by reason of another individual's actual or
12 perceived race, color, creed, religion, ancestry, gender,
13 sexual orientation, physical or mental disability, or
14 national origin, the defendant committed the offense
15 against (i) the person or property of that individual;
16 (ii) the person or property of a person who has an
17 association with, is married to, or has a friendship with
18 the other individual; or (iii) the person or property of
19 a relative (by blood or marriage) of a person described
20 in clause (i) or (ii). For the purposes of this Section,
21 "sexual orientation" means heterosexuality,
22 homosexuality, or bisexuality;
23 (11) the offense took place in a place of worship
24 or on the grounds of a place of worship, immediately
25 prior to, during or immediately following worship
26 services. For purposes of this subparagraph, "place of
27 worship" shall mean any church, synagogue or other
28 building, structure or place used primarily for religious
29 worship;
30 (12) the defendant was convicted of a felony
31 committed while he was released on bail or his own
32 recognizance pending trial for a prior felony and was
33 convicted of such prior felony, or the defendant was
34 convicted of a felony committed while he was serving a
-851- LRB9111045EGfg
1 period of probation, conditional discharge, or mandatory
2 supervised release under subsection (d) of Section 5-8-1
3 for a prior felony;
4 (13) the defendant committed or attempted to commit
5 a felony while he was wearing a bulletproof vest. For
6 the purposes of this paragraph (13), a bulletproof vest
7 is any device which is designed for the purpose of
8 protecting the wearer from bullets, shot or other lethal
9 projectiles;
10 (14) the defendant held a position of trust or
11 supervision such as, but not limited to, family member as
12 defined in Section 12-12 of the Criminal Code of 1961,
13 teacher, scout leader, baby sitter, or day care worker,
14 in relation to a victim under 18 years of age, and the
15 defendant committed an offense in violation of Section
16 11-6, 11-11, 11-15.1, 11-19.1, 11-19.2, 11-20.1, 12-13,
17 12-14, 12-14.1, 12-15 or 12-16 of the Criminal Code of
18 1961 against that victim;
19 (15) the defendant committed an offense related to
20 the activities of an organized gang. For the purposes of
21 this factor, "organized gang" has the meaning ascribed to
22 it in Section 10 of the Streetgang Terrorism Omnibus
23 Prevention Act;
24 (16) the defendant committed an offense in
25 violation of one of the following Sections while in a
26 school, regardless of the time of day or time of year; on
27 any conveyance owned, leased, or contracted by a school
28 to transport students to or from school or a school
29 related activity; on the real property of a school; or on
30 a public way within 1,000 feet of the real property
31 comprising any school: Section 10-1, 10-2, 10-5, 11-15.1,
32 11-17.1, 11-18.1, 11-19.1, 11-19.2, 12-2, 12-4, 12-4.1,
33 12-4.2, 12-4.3, 12-6, 12-6.1, 12-13, 12-14, 12-14.1,
34 12-15, 12-16, 18-2, or 33A-2 of the Criminal Code of
-852- LRB9111045EGfg
1 1961;
2 (16.5) the defendant committed an offense in
3 violation of one of the following Sections while in a day
4 care center, regardless of the time of day or time of
5 year; on the real property of a day care center,
6 regardless of the time of day or time of year; or on a
7 public way within 1,000 feet of the real property
8 comprising any day care center, regardless of the time of
9 day or time of year: Section 10-1, 10-2, 10-5, 11-15.1,
10 11-17.1, 11-18.1, 11-19.1, 11-19.2, 12-2, 12-4, 12-4.1,
11 12-4.2, 12-4.3, 12-6, 12-6.1, 12-13, 12-14, 12-14.1,
12 12-15, 12-16, 18-2, or 33A-2 of the Criminal Code of
13 1961;
14 (17) the defendant committed the offense by reason
15 of any person's activity as a community policing
16 volunteer or to prevent any person from engaging in
17 activity as a community policing volunteer. For the
18 purpose of this Section, "community policing volunteer"
19 has the meaning ascribed to it in Section 2-3.5 of the
20 Criminal Code of 1961; or
21 (18) the defendant committed the offense in a
22 nursing home or on the real property comprising a nursing
23 home. For the purposes of this paragraph (18), "nursing
24 home" means a skilled nursing or intermediate long term
25 care facility that is subject to license by the Illinois
26 Department of Public Health under the Nursing Home Care
27 Act; or.
28 (19) (18) the defendant was a federally licensed
29 firearm dealer and was previously convicted of a
30 violation of subsection (a) of Section 3 of the Firearm
31 Owners Identification Card Act and has now committed
32 either a felony violation of the Firearm Owners
33 Identification Card Act or an act of armed violence while
34 armed with a firearm.
-853- LRB9111045EGfg
1 For the purposes of this Section:
2 "School" is defined as a public or private elementary or
3 secondary school, community college, college, or university.
4 "Day care center" means a public or private State
5 certified and licensed day care center as defined in Section
6 2.09 of the Child Care Act of 1969 that displays a sign in
7 plain view stating that the property is a day care center.
8 (b) The following factors may be considered by the court
9 as reasons to impose an extended term sentence under Section
10 5-8-2 upon any offender:
11 (1) When a defendant is convicted of any felony,
12 after having been previously convicted in Illinois or any
13 other jurisdiction of the same or similar class felony or
14 greater class felony, when such conviction has occurred
15 within 10 years after the previous conviction, excluding
16 time spent in custody, and such charges are separately
17 brought and tried and arise out of different series of
18 acts; or
19 (2) When a defendant is convicted of any felony and
20 the court finds that the offense was accompanied by
21 exceptionally brutal or heinous behavior indicative of
22 wanton cruelty; or
23 (3) When a defendant is convicted of voluntary
24 manslaughter, second degree murder, involuntary
25 manslaughter or reckless homicide in which the defendant
26 has been convicted of causing the death of more than one
27 individual; or
28 (4) When a defendant is convicted of any felony
29 committed against:
30 (i) a person under 12 years of age at the time
31 of the offense or such person's property;
32 (ii) a person 60 years of age or older at the
33 time of the offense or such person's property; or
34 (iii) a person physically handicapped at the
-854- LRB9111045EGfg
1 time of the offense or such person's property; or
2 (5) In the case of a defendant convicted of
3 aggravated criminal sexual assault or criminal sexual
4 assault, when the court finds that aggravated criminal
5 sexual assault or criminal sexual assault was also
6 committed on the same victim by one or more other
7 individuals, and the defendant voluntarily participated
8 in the crime with the knowledge of the participation of
9 the others in the crime, and the commission of the crime
10 was part of a single course of conduct during which there
11 was no substantial change in the nature of the criminal
12 objective; or
13 (6) When a defendant is convicted of any felony and
14 the offense involved any of the following types of
15 specific misconduct committed as part of a ceremony,
16 rite, initiation, observance, performance, practice or
17 activity of any actual or ostensible religious,
18 fraternal, or social group:
19 (i) the brutalizing or torturing of humans or
20 animals;
21 (ii) the theft of human corpses;
22 (iii) the kidnapping of humans;
23 (iv) the desecration of any cemetery,
24 religious, fraternal, business, governmental,
25 educational, or other building or property; or
26 (v) ritualized abuse of a child; or
27 (7) When a defendant is convicted of first degree
28 murder, after having been previously convicted in
29 Illinois of any offense listed under paragraph (c)(2) of
30 Section 5-5-3, when such conviction has occurred within
31 10 years after the previous conviction, excluding time
32 spent in custody, and such charges are separately brought
33 and tried and arise out of different series of acts; or
34 (8) When a defendant is convicted of a felony other
-855- LRB9111045EGfg
1 than conspiracy and the court finds that the felony was
2 committed under an agreement with 2 or more other persons
3 to commit that offense and the defendant, with respect to
4 the other individuals, occupied a position of organizer,
5 supervisor, financier, or any other position of
6 management or leadership, and the court further finds
7 that the felony committed was related to or in
8 furtherance of the criminal activities of an organized
9 gang or was motivated by the defendant's leadership in an
10 organized gang; or
11 (9) When a defendant is convicted of a felony
12 violation of Section 24-1 of the Criminal Code of 1961
13 and the court finds that the defendant is a member of an
14 organized gang; or
15 (10) When a defendant committed the offense using a
16 firearm with a laser sight attached to it. For purposes
17 of this paragraph (10), "laser sight" has the meaning
18 ascribed to it in Section 24.6-5 of the Criminal Code of
19 1961; or.
20 (11) (10) When a defendant who was at least 17
21 years of age at the time of the commission of the offense
22 is convicted of a felony and has been previously
23 adjudicated a delinquent minor under the Juvenile Court
24 Act of 1987 for an act that if committed by an adult
25 would be a Class X or Class 1 felony when the conviction
26 has occurred within 10 years after the previous
27 adjudication, excluding time spent in custody.
28 (b-1) For the purposes of this Section, "organized gang"
29 has the meaning ascribed to it in Section 10 of the Illinois
30 Streetgang Terrorism Omnibus Prevention Act.
31 (c) The court may impose an extended term sentence under
32 Section 5-8-2 upon any offender who was convicted of
33 aggravated criminal sexual assault or predatory criminal
34 sexual assault of a child under subsection (a)(1) of Section
-856- LRB9111045EGfg
1 12-14.1 of the Criminal Code of 1961 where the victim was
2 under 18 years of age at the time of the commission of the
3 offense.
4 (d) The court may impose an extended term sentence under
5 Section 5-8-2 upon any offender who was convicted of unlawful
6 use of weapons under Section 24-1 of the Criminal Code of
7 1961 for possessing a weapon that is not readily
8 distinguishable as one of the weapons enumerated in Section
9 24-1 of the Criminal Code of 1961.
10 (Source: P.A. 90-14, eff. 7-1-97; 90-651, eff. 1-1-99;
11 90-686, eff. 1-1-99; 91-119, eff. 1-1-00; 91-120, eff.
12 7-15-99; 91-252, eff. 1-1-00; 91-267, eff. 1-1-00; 91-268,
13 eff. 1-1-00; 91-357, eff. 7-29-99; 91-437, eff. 1-1-00;
14 revised 8-30-99.)
15 (730 ILCS 5/5-5-6) (from Ch. 38, par. 1005-5-6)
16 Sec. 5-5-6. In all convictions for offenses in violation
17 of the Criminal Code of 1961 in which the person received any
18 injury to their person or damage to their real or personal
19 property as a result of the criminal act of the defendant,
20 the court shall order restitution as provided in this
21 Section. In all other cases, except cases in which
22 restitution is required under this Section, the court must at
23 the sentence hearing determine whether restitution is an
24 appropriate sentence to be imposed on each defendant
25 convicted of an offense. If the court determines that an
26 order directing the offender to make restitution is
27 appropriate, the offender may be sentenced to make
28 restitution. If the offender is sentenced to make
29 restitution the Court shall determine the restitution as
30 hereinafter set forth:
31 (a) At the sentence hearing, the court shall
32 determine whether the property may be restored in kind to
33 the possession of the owner or the person entitled to
-857- LRB9111045EGfg
1 possession thereof; or whether the defendant is possessed
2 of sufficient skill to repair and restore property
3 damaged; or whether the defendant should be required to
4 make restitution in cash, for out-of-pocket expenses,
5 damages, losses, or injuries found to have been
6 proximately caused by the conduct of the defendant or
7 another for whom the defendant is legally accountable
8 under the provisions of Article V of the Criminal Code of
9 1961.
10 (b) In fixing the amount of restitution to be paid
11 in cash, the court shall allow credit for property
12 returned in kind, for property damages ordered to be
13 repaired by the defendant, and for property ordered to be
14 restored by the defendant; and after granting the credit,
15 the court shall assess the actual out-of-pocket expenses,
16 losses, damages, and injuries suffered by the victim
17 named in the charge and any other victims who may also
18 have suffered out-of-pocket expenses, losses, damages,
19 and injuries proximately caused by the same criminal
20 conduct of the defendant, and insurance carriers who have
21 indemnified the named victim or other victims for the
22 out-of-pocket expenses, losses, damages, or injuries,
23 provided that in no event shall restitution be ordered to
24 be paid on account of pain and suffering. If a defendant
25 is placed on supervision for, or convicted of, domestic
26 battery, the defendant shall be required to pay
27 restitution to any domestic violence shelter in which the
28 victim and any other family or household members lived
29 because of the domestic battery. The amount of the
30 restitution shall equal the actual expenses of the
31 domestic violence shelter in providing housing and any
32 other services for the victim and any other family or
33 household members living at the shelter. If a defendant
34 fails to pay restitution in the manner or within the time
-858- LRB9111045EGfg
1 period specified by the court, the court may enter an
2 order directing the sheriff to seize any real or personal
3 property of a defendant to the extent necessary to
4 satisfy the order of restitution and dispose of the
5 property by public sale. All proceeds from such sale in
6 excess of the amount of restitution plus court costs and
7 the costs of the sheriff in conducting the sale shall be
8 paid to the defendant. The defendant convicted of
9 domestic battery, if a person under 18 years of age who
10 is the child of the offender or of the victim was present
11 and witnessed the domestic battery of the victim, is
12 liable to pay restitution for the cost of any counseling
13 required for the child at the discretion of the court.
14 (c) In cases where more than one defendant is
15 accountable for the same criminal conduct that results in
16 out-of-pocket expenses, losses, damages, or injuries,
17 each defendant shall be ordered to pay restitution in the
18 amount of the total actual out-of-pocket expenses,
19 losses, damages, or injuries to the victim proximately
20 caused by the conduct of all of the defendants who are
21 legally accountable for the offense.
22 (1) In no event shall the victim be entitled
23 to recover restitution in excess of the actual
24 out-of-pocket expenses, losses, damages, or
25 injuries, proximately caused by the conduct of all
26 of the defendants.
27 (2) As between the defendants, the court may
28 apportion the restitution that is payable in
29 proportion to each co-defendant's culpability in the
30 commission of the offense.
31 (3) In the absence of a specific order
32 apportioning the restitution, each defendant shall
33 bear his pro rata share of the restitution.
34 (4) As between the defendants, each defendant
-859- LRB9111045EGfg
1 shall be entitled to a pro rata reduction in the
2 total restitution required to be paid to the victim
3 for amounts of restitution actually paid by
4 co-defendants, and defendants who shall have paid
5 more than their pro rata share shall be entitled to
6 refunds to be computed by the court as additional
7 amounts are paid by co-defendants.
8 (d) In instances where a defendant has more than
9 one criminal charge pending against him in a single case,
10 or more than one case, and the defendant stands convicted
11 of one or more charges, a plea agreement negotiated by
12 the State's Attorney and the defendants may require the
13 defendant to make restitution to victims of charges that
14 have been dismissed or which it is contemplated will be
15 dismissed under the terms of the plea agreement, and
16 under the agreement, the court may impose a sentence of
17 restitution on the charge or charges of which the
18 defendant has been convicted that would require the
19 defendant to make restitution to victims of other
20 offenses as provided in the plea agreement.
21 (e) The court may require the defendant to apply
22 the balance of the cash bond, after payment of court
23 costs, and any fine that may be imposed to the payment of
24 restitution.
25 (f) Taking into consideration the ability of the
26 defendant to pay, the court shall determine whether
27 restitution shall be paid in a single payment or in
28 installments, and shall fix a period of time not in
29 excess of 5 years, not including periods of
30 incarceration, within which payment of restitution is to
31 be paid in full. Complete restitution shall be paid in as
32 short a time period as possible. However, if the court
33 deems it necessary and in the best interest of the
34 victim, the court may extend beyond 5 years the period of
-860- LRB9111045EGfg
1 time within which the payment of restitution is to be
2 paid. If the defendant is ordered to pay restitution and
3 the court orders that restitution is to be paid over a
4 period greater than 6 months, the court shall order that
5 the defendant make monthly payments; the court may waive
6 this requirement of monthly payments only if there is a
7 specific finding of good cause for waiver.
8 (g) The court shall, after determining that the
9 defendant has the ability to pay, require the defendant
10 to pay for the victim's counseling services if:
11 (1) the defendant was convicted of an offense
12 under Sections 11-19.2, 11-20.1, 12-13, 12-14,
13 12-14.1, 12-15 or 12-16 of the Criminal Code of
14 1961, or was charged with such an offense and the
15 charge was reduced to another charge as a result of
16 a plea agreement under subsection (d) of this
17 Section, and
18 (2) the victim was under 18 years of age at
19 the time the offense was committed and requires
20 counseling as a result of the offense.
21 The payments shall be made by the defendant to the
22 clerk of the circuit court and transmitted by the clerk
23 to the appropriate person or agency as directed by the
24 court. The order may require such payments to be made
25 for a period not to exceed 5 years after sentencing, not
26 including periods of incarceration.
27 (h) The judge may enter an order of withholding to
28 collect the amount of restitution owed in accordance with
29 Part 8 of Article XII of the Code of Civil Procedure.
30 (i) A sentence of restitution may be modified or
31 revoked by the court if the offender commits another
32 offense, or the offender fails to make restitution as
33 ordered by the court, but no sentence to make restitution
34 shall be revoked unless the court shall find that the
-861- LRB9111045EGfg
1 offender has had the financial ability to make
2 restitution, and he has wilfully refused to do so. When
3 the offender's ability to pay restitution was established
4 at the time an order of restitution was entered or
5 modified, or when the offender's ability to pay was based
6 on the offender's willingness to make restitution as part
7 of a plea agreement made at the time the order of
8 restitution was entered or modified, there is a
9 rebuttable presumption that the facts and circumstances
10 considered by the court at the hearing at which the order
11 of restitution was entered or modified regarding the
12 offender's ability or willingness to pay restitution have
13 not materially changed. If the court shall find that the
14 defendant has failed to make restitution and that the
15 failure is not wilful, the court may impose an additional
16 period of time within which to make restitution. The
17 length of the additional period shall not be more than 2
18 years. The court shall retain all of the incidents of
19 the original sentence, including the authority to modify
20 or enlarge the conditions, and to revoke or further
21 modify the sentence if the conditions of payment are
22 violated during the additional period.
23 (j) The procedure upon the filing of a Petition to
24 Revoke a sentence to make restitution shall be the same
25 as the procedures set forth in Section 5-6-4 of this Code
26 governing violation, modification, or revocation of
27 Probation, of Conditional Discharge, or of Supervision.
28 (k) Nothing contained in this Section shall
29 preclude the right of any party to proceed in a civil
30 action to recover for any damages incurred due to the
31 criminal misconduct of the defendant.
32 (l) Restitution ordered under this Section shall
33 not be subject to disbursement by the circuit clerk under
34 Section 27.5 of the Clerks of Courts Act.
-862- LRB9111045EGfg
1 (m) A restitution order under this Section is a
2 judgment lien in favor of the victim that:
3 (1) Attaches to the property of the person
4 subject to the order;
5 (2) May be perfected in the same manner as
6 provided in Part 3 of Article 9 of the Uniform
7 Commercial Code;
8 (3) May be enforced to satisfy any payment
9 that is delinquent under the restitution order by
10 the person in whose favor the order is issued or the
11 person's assignee; and
12 (4) Expires in the same manner as a judgment
13 lien created in a civil proceeding.
14 When a restitution order is issued under this
15 Section, the issuing court shall send a certified copy of
16 the order to the clerk of the circuit court in the county
17 where the charge was filed. Upon receiving the order,
18 the clerk shall enter and index the order in the circuit
19 court judgment docket.
20 (n) An order of restitution under this Section does
21 not bar a civil action for:
22 (1) Damages that the court did not require the
23 person to pay to the victim under the restitution
24 order but arise from an injury or property damages
25 that is the basis of restitution ordered by the
26 court; and
27 (2) Other damages suffered by the victim.
28 The restitution order is not discharged by the completion
29 of the sentence imposed for the offense.
30 A restitution order under this Section is not discharged
31 by the liquidation of a person's estate by a receiver. A
32 restitution order under this Section may be enforced in the
33 same manner as judgment liens are enforced under Article XII
34 of the Code of Civil Procedure.
-863- LRB9111045EGfg
1 The provisions of Section 2-1303 of the Code of Civil
2 Procedure, providing for interest on judgments, apply to
3 judgments for restitution entered under this Section.
4 (Source: P.A. 90-465, eff. 1-1-98; 91-153, eff. 1-1-00;
5 91-262, eff. 1-1-00; 91-420, eff. 1-1-00; revised 9-30-99.)
6 (730 ILCS 5/5-8-1) (from Ch. 38, par. 1005-8-1)
7 Sec. 5-8-1. Sentence of Imprisonment for Felony.
8 (a) Except as otherwise provided in the statute defining
9 the offense, a sentence of imprisonment for a felony shall be
10 a determinate sentence set by the court under this Section,
11 according to the following limitations:
12 (1) for first degree murder,
13 (a) a term shall be not less than 20 years and
14 not more than 60 years, or
15 (b) if the court finds that the murder was
16 accompanied by exceptionally brutal or heinous
17 behavior indicative of wanton cruelty or, except as
18 set forth in subsection (a)(1)(c) of this Section,
19 that any of the aggravating factors listed in
20 subsection (b) of Section 9-1 of the Criminal Code
21 of 1961 are present, the court may sentence the
22 defendant to a term of natural life imprisonment, or
23 (c) the court shall sentence the defendant to
24 a term of natural life imprisonment when the death
25 penalty is not imposed if the defendant,
26 (i) has previously been convicted of
27 first degree murder under any state or federal
28 law, or
29 (ii) is a person who, at the time of the
30 commission of the murder, had attained the age
31 of 17 or more and is found guilty of murdering
32 an individual under 12 years of age; or,
33 irrespective of the defendant's age at the time
-864- LRB9111045EGfg
1 of the commission of the offense, is found
2 guilty of murdering more than one victim, or
3 (iii) is found guilty of murdering a
4 peace officer or fireman when the peace officer
5 or fireman was killed in the course of
6 performing his official duties, or to prevent
7 the peace officer or fireman from performing
8 his official duties, or in retaliation for the
9 peace officer or fireman performing his
10 official duties, and the defendant knew or
11 should have known that the murdered individual
12 was a peace officer or fireman, or
13 (iv) is found guilty of murdering an
14 employee of an institution or facility of the
15 Department of Corrections, or any similar local
16 correctional agency, when the employee was
17 killed in the course of performing his official
18 duties, or to prevent the employee from
19 performing his official duties, or in
20 retaliation for the employee performing his
21 official duties, or
22 (v) is found guilty of murdering an
23 emergency medical technician - ambulance,
24 emergency medical technician - intermediate,
25 emergency medical technician - paramedic,
26 ambulance driver or other medical assistance or
27 first aid person while employed by a
28 municipality or other governmental unit when
29 the person was killed in the course of
30 performing official duties or to prevent the
31 person from performing official duties or in
32 retaliation for performing official duties and
33 the defendant knew or should have known that
34 the murdered individual was an emergency
-865- LRB9111045EGfg
1 medical technician - ambulance, emergency
2 medical technician - intermediate, emergency
3 medical technician - paramedic, ambulance
4 driver, or other medical assistant or first aid
5 personnel, or
6 (vi) is a person who, at the time of the
7 commission of the murder, had not attained the
8 age of 17, and is found guilty of murdering a
9 person under 12 years of age and the murder is
10 committed during the course of aggravated
11 criminal sexual assault, criminal sexual
12 assault, or aggravated kidnaping, or
13 (vii) is found guilty of first degree
14 murder and the murder was committed by reason
15 of any person's activity as a community
16 policing volunteer or to prevent any person
17 from engaging in activity as a community
18 policing volunteer. For the purpose of this
19 Section, "community policing volunteer" has the
20 meaning ascribed to it in Section 2-3.5 of the
21 Criminal Code of 1961.
22 For purposes of clause (v), "emergency medical
23 technician - ambulance", "emergency medical
24 technician - intermediate", "emergency medical
25 technician - paramedic", have the meanings ascribed
26 to them in the Emergency Medical Services (EMS)
27 Systems Act.
28 (d) (i) if the person committed the offense
29 while armed with a firearm, 15 years shall be
30 added to the term of imprisonment imposed by
31 the court;
32 (ii) if, during the commission of the
33 offense, the person personally discharged a
34 firearm, 20 years shall be added to the term of
-866- LRB9111045EGfg
1 imprisonment imposed by the court;
2 (iii) if, during the commission of the
3 offense, the person personally discharged a
4 firearm that proximately caused great bodily
5 harm, permanent disability, permanent
6 disfigurement, or death to another person, 25
7 years or up to a term of natural life shall be
8 added to the term of imprisonment imposed by
9 the court.
10 (1.5) for second degree murder, a term shall be not
11 less than 4 years and not more than 20 years;
12 (2) for a person adjudged a habitual criminal under
13 Article 33B of the Criminal Code of 1961, as amended, the
14 sentence shall be a term of natural life imprisonment;
15 (2.5) for a person convicted under the
16 circumstances described in paragraph (3) of subsection
17 (b) of Section 12-13, paragraph (2) of subsection (d) of
18 Section 12-14, paragraph (1.2) of subsection (b) of
19 Section 12-14.1, or paragraph (2) of subsection (b) of
20 Section 12-14.1 of the Criminal Code of 1961, the
21 sentence shall be a term of natural life imprisonment;
22 (3) except as otherwise provided in the statute
23 defining the offense, for a Class X felony, the sentence
24 shall be not less than 6 years and not more than 30
25 years;
26 (4) for a Class 1 felony, other than second degree
27 murder, the sentence shall be not less than 4 years and
28 not more than 15 years;
29 (5) for a Class 2 felony, the sentence shall be not
30 less than 3 years and not more than 7 years;
31 (6) for a Class 3 felony, the sentence shall be not
32 less than 2 years and not more than 5 years;
33 (7) for a Class 4 felony, the sentence shall be not
34 less than 1 year and not more than 3 years.
-867- LRB9111045EGfg
1 (b) The sentencing judge in each felony conviction shall
2 set forth his reasons for imposing the particular sentence he
3 enters in the case, as provided in Section 5-4-1 of this
4 Code. Those reasons may include any mitigating or
5 aggravating factors specified in this Code, or the lack of
6 any such circumstances, as well as any other such factors as
7 the judge shall set forth on the record that are consistent
8 with the purposes and principles of sentencing set out in
9 this Code.
10 (c) A motion to reduce a sentence may be made, or the
11 court may reduce a sentence without motion, within 30 days
12 after the sentence is imposed. A defendant's challenge to
13 the correctness of a sentence or to any aspect of the
14 sentencing hearing shall be made by a written motion filed
15 within 30 days following the imposition of sentence.
16 However, the court may not increase a sentence once it is
17 imposed.
18 If a motion filed pursuant to this subsection is timely
19 filed within 30 days after the sentence is imposed, the
20 proponent of the motion shall exercise due diligence in
21 seeking a determination on the motion and the court shall
22 thereafter decide such motion within a reasonable time.
23 If a motion filed pursuant to this subsection is timely
24 filed within 30 days after the sentence is imposed, then for
25 purposes of perfecting an appeal, a final judgment shall not
26 be considered to have been entered until the motion to reduce
27 a sentence has been decided by order entered by the trial
28 court.
29 A motion filed pursuant to this subsection shall not be
30 considered to have been timely filed unless it is filed with
31 the circuit court clerk within 30 days after the sentence is
32 imposed together with a notice of motion, which notice of
33 motion shall set the motion on the court's calendar on a date
34 certain within a reasonable time after the date of filing.
-868- LRB9111045EGfg
1 (d) Except where a term of natural life is imposed,
2 every sentence shall include as though written therein a term
3 in addition to the term of imprisonment. For those sentenced
4 under the law in effect prior to February 1, 1978, such term
5 shall be identified as a parole term. For those sentenced on
6 or after February 1, 1978, such term shall be identified as a
7 mandatory supervised release term. Subject to earlier
8 termination under Section 3-3-8, the parole or mandatory
9 supervised release term shall be as follows:
10 (1) for first degree murder or a Class X felony, 3
11 years;
12 (2) for a Class 1 felony or a Class 2 felony, 2
13 years;
14 (3) for a Class 3 felony or a Class 4 felony, 1
15 year;
16 (4) if the victim is under 18 years of age, for a
17 second or subsequent offense of criminal sexual assault
18 or aggravated criminal sexual assault, 5 years, at least
19 the first 2 years of which the defendant shall serve in
20 an electronic home detention program under Article 8A of
21 Chapter V of this Code;
22 (5) if the victim is under 18 years of age, for a
23 second or subsequent offense of aggravated criminal
24 sexual abuse or felony criminal sexual abuse, 4 years, at
25 least the first 2 years of which the defendant shall
26 serve in an electronic home detention program under
27 Article 8A of Chapter V of this Code.
28 (e) A defendant who has a previous and unexpired
29 sentence of imprisonment imposed by another state or by any
30 district court of the United States and who, after sentence
31 for a crime in Illinois, must return to serve the unexpired
32 prior sentence may have his sentence by the Illinois court
33 ordered to be concurrent with the prior sentence in the other
34 state. The court may order that any time served on the
-869- LRB9111045EGfg
1 unexpired portion of the sentence in the other state, prior
2 to his return to Illinois, shall be credited on his Illinois
3 sentence. The other state shall be furnished with a copy of
4 the order imposing sentence which shall provide that, when
5 the offender is released from confinement of the other state,
6 whether by parole or by termination of sentence, the offender
7 shall be transferred by the Sheriff of the committing county
8 to the Illinois Department of Corrections. The court shall
9 cause the Department of Corrections to be notified of such
10 sentence at the time of commitment and to be provided with
11 copies of all records regarding the sentence.
12 (f) A defendant who has a previous and unexpired
13 sentence of imprisonment imposed by an Illinois circuit court
14 for a crime in this State and who is subsequently sentenced
15 to a term of imprisonment by another state or by any district
16 court of the United States and who has served a term of
17 imprisonment imposed by the other state or district court of
18 the United States, and must return to serve the unexpired
19 prior sentence imposed by the Illinois Circuit Court may
20 apply to the court which imposed sentence to have his
21 sentence reduced.
22 The circuit court may order that any time served on the
23 sentence imposed by the other state or district court of the
24 United States be credited on his Illinois sentence. Such
25 application for reduction of a sentence under this
26 subsection (f) shall be made within 30 days after the
27 defendant has completed the sentence imposed by the other
28 state or district court of the United States.
29 (Source: P.A. 90-396, eff. 1-1-98; 90-651, eff. 1-1-99;
30 91-279, eff. 1-1-00; 91-404, eff. 1-1-00; revised 10-14-99.)
31 (730 ILCS 5/5-8-4) (from Ch. 38, par. 1005-8-4)
32 Sec. 5-8-4. Concurrent and Consecutive Terms of
33 Imprisonment.
-870- LRB9111045EGfg
1 (a) When multiple sentences of imprisonment are imposed
2 on a defendant at the same time, or when a term of
3 imprisonment is imposed on a defendant who is already subject
4 to sentence in this State or in another state, or for a
5 sentence imposed by any district court of the United States,
6 the sentences shall run concurrently or consecutively as
7 determined by the court. When a term of imprisonment is
8 imposed on a defendant by an Illinois circuit court and the
9 defendant is subsequently sentenced to a term of imprisonment
10 by another state or by a district court of the United States,
11 the Illinois circuit court which imposed the sentence may
12 order that the Illinois sentence be made concurrent with the
13 sentence imposed by the other state or district court of the
14 United States. The defendant must apply to the circuit court
15 within 30 days after the defendant's sentence imposed by the
16 other state or district of the United States is finalized.
17 The court shall not impose consecutive sentences for offenses
18 which were committed as part of a single course of conduct
19 during which there was no substantial change in the nature of
20 the criminal objective, unless:
21 (i) one of the offenses for which defendant was
22 convicted was first degree murder or a Class X or Class 1
23 felony and the defendant inflicted severe bodily injury,
24 or
25 (ii) the defendant was convicted of a violation of
26 Section 12-13, 12-14, or 12-14.1 of the Criminal Code of
27 1961, or
28 (iii) the defendant was convicted of armed violence
29 based upon the predicate offense of solicitation of
30 murder, solicitation of murder for hire, heinous battery,
31 aggravated battery of a senior citizen, criminal sexual
32 assault, a violation of subsection (g) of Section 5 of
33 the Cannabis Control Act, cannabis trafficking, a
34 violation of subsection (a) of Section 401 of the
-871- LRB9111045EGfg
1 Illinois Controlled Substances Act, controlled substance
2 trafficking involving a Class X felony amount of
3 controlled substance under Section 401 of the Illinois
4 Controlled Substances Act, calculated criminal drug
5 conspiracy, or streetgang criminal drug conspiracy,
6 in which event the court shall enter sentences to run
7 consecutively. Sentences shall run concurrently unless
8 otherwise specified by the court.
9 (b) The court shall not impose a consecutive sentence
10 except as provided for in subsection (a) unless, having
11 regard to the nature and circumstances of the offense and the
12 history and character of the defendant, it is of the opinion
13 that such a term is required to protect the public from
14 further criminal conduct by the defendant, the basis for
15 which the court shall set forth in the record; except that no
16 such finding or opinion is required when multiple sentences
17 of imprisonment are imposed on a defendant for offenses that
18 were not committed as part of a single course of conduct
19 during which there was no substantial change in the nature of
20 the criminal objective, and one of the offenses for which the
21 defendant was convicted was first degree murder or a Class X
22 or Class 1 felony and the defendant inflicted severe bodily
23 injury, or when the defendant was convicted of a violation of
24 Section 12-13, 12-14, or 12-14.1 of the Criminal Code of
25 1961, or where the defendant was convicted of armed violence
26 based upon the predicate offense of solicitation of murder,
27 solicitation of murder for hire, heinous battery, aggravated
28 battery of a senior citizen, criminal sexual assault, a
29 violation of subsection (g) of Section 5 of the Cannabis
30 Control Act, cannabis trafficking, a violation of subsection
31 (a) of Section 401 of the Illinois Controlled Substances Act,
32 controlled substance trafficking involving a Class X felony
33 amount of controlled substance under Section 401 of the
34 Illinois Controlled Substances Act, calculated criminal drug
-872- LRB9111045EGfg
1 conspiracy, or streetgang criminal drug conspiracy, in which
2 event the Court shall enter sentences to run consecutively.
3 (c) (1) For sentences imposed under law in effect prior
4 to February 1, 1978 the aggregate maximum of consecutive
5 sentences shall not exceed the maximum term authorized
6 under Section 5-8-1 for the 2 most serious felonies
7 involved. The aggregate minimum period of consecutive
8 sentences shall not exceed the highest minimum term
9 authorized under Section 5-8-1 for the 2 most serious
10 felonies involved. When sentenced only for misdemeanors,
11 a defendant shall not be consecutively sentenced to more
12 than the maximum for one Class A misdemeanor.
13 (2) For sentences imposed under the law in effect
14 on or after February 1, 1978, the aggregate of
15 consecutive sentences for offenses that were committed as
16 part of a single course of conduct during which there was
17 no substantial change in the nature of the criminal
18 objective shall not exceed the sum of the maximum terms
19 authorized under Section 5-8-2 for the 2 most serious
20 felonies involved, but no such limitation shall apply for
21 offenses that were not committed as part of a single
22 course of conduct during which there was no substantial
23 change in the nature of the criminal objective. When
24 sentenced only for misdemeanors, a defendant shall not be
25 consecutively sentenced to more than the maximum for one
26 Class A misdemeanor.
27 (d) An offender serving a sentence for a misdemeanor who
28 is convicted of a felony and sentenced to imprisonment shall
29 be transferred to the Department of Corrections, and the
30 misdemeanor sentence shall be merged in and run concurrently
31 with the felony sentence.
32 (e) In determining the manner in which consecutive
33 sentences of imprisonment, one or more of which is for a
34 felony, will be served, the Department of Corrections shall
-873- LRB9111045EGfg
1 treat the offender as though he had been committed for a
2 single term with the following incidents:
3 (1) the maximum period of a term of imprisonment
4 shall consist of the aggregate of the maximums of the
5 imposed indeterminate terms, if any, plus the aggregate
6 of the imposed determinate sentences for felonies plus
7 the aggregate of the imposed determinate sentences for
8 misdemeanors subject to paragraph (c) of this Section;
9 (2) the parole or mandatory supervised release term
10 shall be as provided in paragraph (e) of Section 5-8-1 of
11 this Code for the most serious of the offenses involved;
12 (3) the minimum period of imprisonment shall be the
13 aggregate of the minimum and determinate periods of
14 imprisonment imposed by the court, subject to paragraph
15 (c) of this Section; and
16 (4) the offender shall be awarded credit against
17 the aggregate maximum term and the aggregate minimum term
18 of imprisonment for all time served in an institution
19 since the commission of the offense or offenses and as a
20 consequence thereof at the rate specified in Section
21 3-6-3 of this Code.
22 (f) A sentence of an offender committed to the
23 Department of Corrections at the time of the commission of
24 the offense shall be served consecutive to the sentence under
25 which he is held by the Department of Corrections. However,
26 in case such offender shall be sentenced to punishment by
27 death, the sentence shall be executed at such time as the
28 court may fix without regard to the sentence under which such
29 offender may be held by the Department.
30 (g) A sentence under Section 3-6-4 for escape or
31 attempted escape shall be served consecutive to the terms
32 under which the offender is held by the Department of
33 Corrections.
34 (h) If a person charged with a felony commits a separate
-874- LRB9111045EGfg
1 felony while on pre-trial release or in pretrial detention in
2 a county jail facility or county detention facility, the
3 sentences imposed upon conviction of these felonies shall be
4 served consecutively regardless of the order in which the
5 judgments of conviction are entered.
6 (i) If a person admitted to bail following conviction of
7 a felony commits a separate felony while free on bond or if a
8 person detained in a county jail facility or county detention
9 facility following conviction of a felony commits a separate
10 felony while in detention, any sentence following conviction
11 of the separate felony shall be consecutive to that of the
12 original sentence for which the defendant was on bond or
13 detained.
14 (Source: P.A. 90-128, eff. 7-22-97; 91-144, eff. 1-1-00;
15 91-404, eff. 1-1-00; revised 9-29-99.)
16 Section 92. The Sex Offender Registration Act is amended
17 by changing Sections 6 and 10 as follows:
18 (730 ILCS 150/6) (from Ch. 38, par. 226)
19 Sec. 6. Duty to report; change of address or employment;
20 duty to inform. A person who has been adjudicated to be
21 sexually dangerous or is a sexually violent person and is
22 later released, or found to be no longer sexually dangerous
23 or no longer a sexually violent person and discharged, must
24 report in person to the law enforcement agency with whom he
25 or she last registered no later than 90 days after the date
26 of his or her last registration and every 90 days thereafter.
27 Any other person who is required to register under this
28 Article shall report in person to the appropriate law
29 enforcement agency with whom he or she last registered within
30 one year from the date of that registration and every year
31 thereafter. If any person required to register under this
32 Article changes his or her residence address or place of
-875- LRB9111045EGfg
1 employment, he or she shall, in writing, within 10 days
2 inform the law enforcement agency with whom he or she last
3 registered of his or her new address or new place of
4 employment and register with the appropriate law enforcement
5 agency within the time period specified in Section 3. The
6 law enforcement agency shall, within 3 days of receipt,
7 notify the Department of State Police and the law enforcement
8 agency having jurisdiction of the new place of residence or
9 new place of employment.
10 If any person required to register under this Article
11 establishes a residence or employment outside of the State of
12 Illinois, within 10 days after establishing that residence or
13 employment, he or she shall, in writing, inform the law
14 enforcement agency with which he or she last registered of
15 his or her out-of-state residence or employment. The law
16 enforcement agency with which such person last registered
17 shall, within 3 days notice of an address or employment
18 change, notify the Department of State Police. The
19 Department of State Police shall forward such information to
20 the out-of-state law enforcement agency in the form and
21 manner prescribed by the Department of State Police.
22 (Source: P.A. 90-193, eff. 7-24-97; 91-48, eff. 7-1-99;
23 91-394, eff. 1-1-00; revised 9-27-99.)
24 (730 ILCS 150/10) (from Ch. 38, par. 230)
25 Sec. 10. Penalty. Any person who is required to
26 register under this Article who violates any of the
27 provisions of this Article and any person who is required to
28 register under this Article who seeks to change his or her
29 name under Article 21 of the Code of Civil Procedure is
30 guilty of a Class 4 felony. Any person who is required to
31 register under this Article who knowingly or wilfully gives
32 material information required by this Article that is false
33 is guilty of a Class 3 felony. Any person convicted of a
-876- LRB9111045EGfg
1 violation of any provision of this Article shall, in addition
2 to any other penalty required by law, be required to serve a
3 minimum period of 7 days confinement in the local county
4 jail. The court shall impose a mandatory minimum fine of
5 $500 for failure to comply with any provision of this
6 Article. These fines shall be deposited in the Sex Offender
7 Registration Fund. Any sex offender or sexual predator who
8 violates any provision of this Article may be tried in any
9 Illinois county where the sex offender can be located.
10 (Source: P.A. 90-125, eff. 1-1-98; 90-193, eff. 7-24-97;
11 90-655, eff. 7-30-98; 91-48, eff. 7-1-99; 91-221, eff.
12 7-22-99; revised 9-27-99.)
13 Section 93. The Sex Offender and Child Murderer
14 Community Notification Law is amended by changing Section 120
15 as follows:
16 (730 ILCS 152/120)
17 (Text of Section before amendment by P.A. 91-224)
18 Sec. 120. Community notification of sex offenders.
19 (a) The sheriff of the county, except Cook County, shall
20 disclose to the following the name, address, date of birth,
21 place of employment, and offense or adjudication of all sex
22 offenders required to register under Section 3 of the Sex
23 Offender Registration Act:
24 (1) (Blank);
25 (2) School boards of public school districts and
26 the principal or other appropriate administrative officer
27 of each nonpublic school located in the county where the
28 sex offender is required to register or is employed; and
29 (3) Child care facilities located in the county
30 where the sex offender is required to register or is
31 employed.
32 (a-2) The sheriff of Cook County shall disclose to the
-877- LRB9111045EGfg
1 following the name, address, date of birth, place of
2 employment, and offense or adjudication of all sex offenders
3 required to register under Section 3 of the Sex Offender
4 Registration Act:
5 (1) School boards of public school districts and
6 the principal or other appropriate administrative officer
7 of each nonpublic school located within the region of
8 Cook County, as those public school districts and
9 nonpublic schools are identified in LEADS, other than the
10 City of Chicago, where the sex offender is required to
11 register or is employed; and
12 (2) Child care facilities located within the region
13 of Cook County, as those child care facilities are
14 identified in LEADS, other than the City of Chicago,
15 where the sex offender is required to register or is
16 employed.
17 (a-3) The Chicago Police Department shall disclose to
18 the following the name, address, date of birth, place of
19 employment, and offense or adjudication of all sex offenders
20 required to register under Section 3 of the Sex Offender
21 Registration Act:
22 (1) School boards of public school districts and
23 the principal or other appropriate administrative officer
24 of each nonpublic school located in the police district
25 where the sex offender is required to register or is
26 employed if the offender is required to register or is
27 employed in the City of Chicago; and
28 (2) Child care facilities located in the police
29 district where the sex offender is required to register
30 or is employed if the offender is required to register or
31 is employed in the City of Chicago.
32 (a-4) The Department of State Police shall provide a
33 list of sex offenders required to register to the Illinois
34 Department of Children and Family Services.
-878- LRB9111045EGfg
1 (b) The Department of State Police and any law
2 enforcement agency may disclose, in the Department's or
3 agency's discretion, the following information to any person
4 likely to encounter a sex offender required to register under
5 Section 3 of the Sex Offender Registration Act:
6 (1) The offender's name, address, and date of
7 birth.
8 (2) The offense for which the offender was
9 convicted.
10 (3) Adjudication as a sexually dangerous person.
11 (4) The offender's photograph or other such
12 information that will help identify the sex offender.
13 (5) Offender employment information, to protect
14 public safety.
15 (c) The name, address, date of birth, and offense or
16 adjudication for sex offenders required to register under
17 Section 3 of the Sex Offender Registration Act shall be open
18 to inspection by the public as provided in this Section.
19 Every municipal police department shall make available at its
20 headquarters the information on all sex offenders who are
21 required to register in the municipality under the Sex
22 Offender Registration Act. The sheriff shall also make
23 available at his or her headquarters the information on all
24 sex offenders who are required to register under that Act and
25 who live in unincorporated areas of the county. Sex offender
26 information must be made available for public inspection to
27 any person, no later than 72 hours or 3 business days from
28 the date of the request. reasonable The request must be made
29 in person, in writing, or by telephone. Availability must
30 include giving the inquirer access to a facility where the
31 information may be copied. A department or sheriff may
32 charge a fee, but the fee may not exceed the actual costs of
33 copying the information. An inquirer must be allowed to copy
34 this information in his or her own handwriting. A department
-879- LRB9111045EGfg
1 or sheriff must allow access to the information during normal
2 public working hours. The law enforcement agency may make
3 available the information on all sex offenders residing
4 within any county.
5 (d) The Department of State Police and any law
6 enforcement agency having jurisdiction may, in the
7 Department's or agency's discretion, place the information
8 specified in subsection (b) on the Internet or in other
9 media.
10 (e) The Department of State Police and any law
11 enforcement agency having jurisdiction may, in the
12 Department's or agency's discretion, provide the information
13 specified in subsection (b), with respect to a juvenile sex
14 offender, to any person when that person's safety may be
15 compromised for some reason related to the juvenile sex
16 offender.
17 (Source: P.A. 90-193, eff. 7-24-97; 91-48, eff. 7-1-99;
18 91-221, eff. 7-22-99; 91-357, eff. 7-29-99; 91-394, eff.
19 1-1-00; revised 9-1-99.)
20 (Text of Section after amendment by P.A. 91-224)
21 Sec. 120. Community notification of sex offenders.
22 (a) The sheriff of the county, except Cook County, shall
23 disclose to the following the name, address, date of birth,
24 place of employment, and offense or adjudication of all sex
25 offenders required to register under Section 3 of the Sex
26 Offender Registration Act:
27 (1) (Blank);
28 (2) School boards of public school districts and
29 the principal or other appropriate administrative officer
30 of each nonpublic school located in the county where the
31 sex offender is required to register or is employed; and
32 (3) Child care facilities located in the county
33 where the sex offender is required to register or is
34 employed.
-880- LRB9111045EGfg
1 (a-2) The sheriff of Cook County shall disclose to the
2 following the name, address, date of birth, place of
3 employment, and offense or adjudication of all sex offenders
4 required to register under Section 3 of the Sex Offender
5 Registration Act:
6 (1) School boards of public school districts and
7 the principal or other appropriate administrative officer
8 of each nonpublic school located within the region of
9 Cook County, as those public school districts and
10 nonpublic schools are identified in LEADS, other than the
11 City of Chicago, where the sex offender is required to
12 register or is employed; and
13 (2) Child care facilities located within the region
14 of Cook County, as those child care facilities are
15 identified in LEADS, other than the City of Chicago,
16 where the sex offender is required to register or is
17 employed.
18 (a-3) The Chicago Police Department shall disclose to
19 the following the name, address, date of birth, place of
20 employment, and offense or adjudication of all sex offenders
21 required to register under Section 3 of the Sex Offender
22 Registration Act:
23 (1) School boards of public school districts and
24 the principal or other appropriate administrative officer
25 of each nonpublic school located in the police district
26 where the sex offender is required to register or is
27 employed if the offender is required to register or is
28 employed in the City of Chicago; and
29 (2) Child care facilities located in the police
30 district where the sex offender is required to register
31 or is employed if the offender is required to register or
32 is employed in the City of Chicago.
33 (a-4) The Department of State Police shall provide a
34 list of sex offenders required to register to the Illinois
-881- LRB9111045EGfg
1 Department of Children and Family Services.
2 (b) The Department of State Police and any law
3 enforcement agency may disclose, in the Department's or
4 agency's discretion, the following information to any person
5 likely to encounter a sex offender required to register under
6 Section 3 of the Sex Offender Registration Act:
7 (1) The offender's name, address, and date of
8 birth.
9 (2) The offense for which the offender was
10 convicted.
11 (3) Adjudication as a sexually dangerous person.
12 (4) The offender's photograph or other such
13 information that will help identify the sex offender.
14 (5) Offender employment information, to protect
15 public safety.
16 (c) The name, address, date of birth, and offense or
17 adjudication for sex offenders required to register under
18 Section 3 of the Sex Offender Registration Act shall be open
19 to inspection by the public as provided in this Section.
20 Every municipal police department shall make available at its
21 headquarters the information on all sex offenders who are
22 required to register in the municipality under the Sex
23 Offender Registration Act. The sheriff shall also make
24 available at his or her headquarters the information on all
25 sex offenders who are required to register under that Act and
26 who live in unincorporated areas of the county. Sex offender
27 information must be made available for public inspection to
28 any person, no later than 72 hours or 3 business days from
29 the date of the request. reasonable The request must be made
30 in person, in writing, or by telephone. Availability must
31 include giving the inquirer access to a facility where the
32 information may be copied. A department or sheriff may
33 charge a fee, but the fee may not exceed the actual costs of
34 copying the information. An inquirer must be allowed to copy
-882- LRB9111045EGfg
1 this information in his or her own handwriting. A department
2 or sheriff must allow access to the information during normal
3 public working hours. The sheriff or a municipal police
4 department may publish the photographs of sex offenders where
5 any victim was 13 years of age or younger and who are
6 required to register in the municipality or county under the
7 Sex Offender Registration Act in a newspaper or magazine of
8 general circulation in the municipality or county or may
9 disseminate the photographs of those sex offenders on the
10 Internet or on television. The law enforcement agency may
11 make available the information on all sex offenders residing
12 within any county.
13 (d) The Department of State Police and any law
14 enforcement agency having jurisdiction may, in the
15 Department's or agency's discretion, place the information
16 specified in subsection (b) on the Internet or in other
17 media.
18 (e) The Department of State Police and any law
19 enforcement agency having jurisdiction may, in the
20 Department's or agency's discretion, provide the information
21 specified in subsection (b), with respect to a juvenile sex
22 offender, to any person when that person's safety may be
23 compromised for some reason related to the juvenile sex
24 offender.
25 (Source: P.A. 90-193, eff. 7-24-97; 91-48, eff. 7-1-99;
26 91-221, eff. 7-22-99; 91-224, eff. 7-1-00; 91-357, eff.
27 7-29-99; 91-394, eff. 1-1-00; revised 9-1-99.)
28 Section 94. The Code of Civil Procedure is amended by
29 changing Sections 7-103.48 and 7-103.68 and changing and
30 resectioning Section 7-103 as follows:
31 (735 ILCS 5/7-103) (from Ch. 110, par. 7-103)
32 Sec. 7-103. "Quick-take".
-883- LRB9111045EGfg
1 (a) This Section applies only to proceedings under this
2 Article that are authorized in the Sections following this
3 Section and preceding Section 7-104.
4 48
5 PLUS,
6 THAT PART OF THE NORTHWEST QUARTER OF SECTION 3
7 TOWNSHIP 40 NORTH, RANGE 12, EAST OF THE THIRD PRINCIPAL
8 MERIDIAN, AND BEING MORE PARTICULARLY DESCRIBED AS
9 FOLLOWS:
10 BEGINNING AT THE POINT OF INTERSECTION OF THE
11 EASTERLY RIGHT-OF-WAY LINE OF THE NORTHWEST TOLL ROAD AND
12 THE SOUTHERLY RIGHT-OF-WAY LINE OF MAPLE AVENUE EXTENDED
13 WESTERLY; THENCE EASTERLY ALONG SAID SOUTHERLY
14 RIGHT-OF-WAY LINE OF MAPLE AVENUE (RECORDED AS BOCK
15 AVENUE) TO THE EASTERLY RIGHT-OF-WAY LINE OF GAGE STREET;
16 THENCE NORTHERLY ALONG SAID EASTERLY RIGHT-OF-WAY LINE OF
17 GAGE STREET TO THE SOUTHERLY LINE OF LOT 2 IN RIVER ROSE
18 SUBDIVISION UNIT 2 PER DOCUMENT NUMBER 19594706; THENCE
19 EASTERLY ALONG THE SOUTHERLY LINE OF SAID LOT 2 IN RIVER
20 ROSE SUBDIVISION UNIT NUMBER 2 AND SAID SOUTHERLY LINE
21 EXTENDED EASTERLY TO THE EASTERLY RIGHT-OF-WAY LINE OF
22 GLEN LAKE DRIVE (AS DEDICATED IN RIVER ROSE SUBDIVISION
23 PER DOCUMENT NUMBER 19352146 AND DEDICATED AS WILLOW
24 CREEK DRIVE); THENCE SOUTHWESTERLY ALONG SAID EASTERLY
25 RIGHT-OF-WAY LINE TO THE NORTHWEST CORNER OF LOT 1 IN
26 SAID RIVER ROSE SUBDIVISION; THENCE SOUTHEASTERLY ALONG
27 THE NORTHERLY LINE OF SAID LOT 1 IN SAID RIVER ROSE
28 SUBDIVISION, 86.0 FEET TO THE NORTHEAST CORNER OF SAID
29 LOT 1; THENCE SOUTHWESTERLY ALONG THE EASTERLY LINE OF
30 SAID LOT 1, 120.0 FEET TO THE SOUTHEAST CORNER OF SAID
31 LOT 1; THENCE NORTHWESTERLY ALONG THE SOUTHERLY LINE OF
32 SAID LOT 1 AND THE NORTHERLY RIGHT-OF-WAY LINE OF RIVER
33 ROSE STREET (AS DEDICATED IN RIVER ROSE SUBDIVISION PER
34 DOCUMENT NUMBER 19352146), 34.3 FEET TO THE INTERSECTION
-884- LRB9111045EGfg
1 OF THE NORTHERLY RIGHT-OF-WAY LINE OF SAID RIVER ROSE
2 STREET AND THE EASTERLY LINE OF SAID WILLOW CREEK DRIVE,
3 ALSO BEING THE SOUTHWEST CORNER OF SAID LOT 1; THENCE
4 SOUTHEASTERLY ALONG THE EASTERLY RIGHT-OF-WAY LINE OF
5 SAID WILLOW CREEK DRIVE TO THE MOST SOUTHWESTERLY CORNER
6 OF LOT 27 IN SAID RIVER ROSE SUBDIVISION; THENCE
7 SOUTHWESTERLY TO THE INTERSECTION OF THE NORTHWESTERLY
8 CORNER OF LOT "B" IN SAID RIVER ROSE SUBDIVISION WITH THE
9 EAST LOT LINE OF LOT 8 IN BLOCK 1 IN HIGGINS ROAD
10 RANCHETTES SUBDIVISION PER DOCUMENT NUMBER 13820089;
11 THENCE NORTHERLY ALONG THE EAST LINE OF SAID LOT 8, 97.24
12 FEET TO A POINT; SAID POINT BEING 66.00 FEET SOUTH OF THE
13 NORTHEAST CORNER OF SAID LOT 8; THENCE WESTERLY, ALONG A
14 LINE WHICH IS 66.00 FEET SOUTH OF AND PARALLEL TO THE
15 NORTH LINE OF LOTS 3, 4, 5, 6, 7, AND 8 IN SAID HIGGINS
16 ROAD RANCHETTES SUBDIVISION AND THEN WESTERLY THEREOF
17 (SAID PARALLEL LINE ALSO BEING THE SOUTH LINE OF AN
18 UNRECORDED STREET KNOWN AS GLENLAKE STREET), TO THE POINT
19 OF INTERSECTION WITH THE EASTERLY RIGHT-OF-WAY LINE OF
20 THE AFORESAID NORTHWEST TOLL ROAD; THENCE NORTHWESTERLY
21 ALONG THE EASTERLY RIGHT-OF-WAY LINE OF SAID NORTHWEST
22 TOLL ROAD TO THE POINT OF BEGINNING;
23 AND ALSO, THAT PART OF THE NORTHEAST QUARTER OF
24 SECTION 9 AND THE NORTHWEST QUARTER OF SECTION 10,
25 TOWNSHIP 40 NORTH, RANGE 12 EAST OF THE THIRD PRINCIPAL
26 MERIDIAN, IN THE VILLAGE OF ROSEMONT, COOK COUNTY,
27 ILLINOIS, DESCRIBED AS FOLLOWS:
28 BEGINNING IN THE WEST HALF OF THE NORTHEAST QUARTER
29 OF SECTION 9 AFORESAID, AT THE INTERSECTION OF THE SOUTH
30 LINE OF 61ST STREET WITH THE EASTERLY RIGHT-OF-WAY LINE
31 OF THE MINNEAPOLIS, ST. PAUL AND ST. STE. MARIE RAILROAD
32 RIGHT-OF-WAY; THENCE EAST ALONG THE SOUTH LINE OF 61ST
33 STREET AND ITS EASTERLY EXTENSION, TO THE EAST LINE OF
34 PEARL STREET; THENCE NORTH ALONG THE EAST LINE OF PEARL
-885- LRB9111045EGfg
1 STREET TO THE SOUTH LINE OF 62ND STREET; THENCE EAST
2 ALONG THE SOUTH LINE OF 62ND STREET TO THE WESTERLY
3 RIGHT-OF-WAY LINE OF THE ILLINOIS STATE TOLL ROAD; THENCE
4 SOUTHERLY, ALONG THE WESTERLY RIGHT-OF-WAY LINE OF THE
5 TOLL ROAD TO A POINT ON A WESTERLY EXTENSION OF THE SOUTH
6 LINE OF ALLEN AVENUE; THENCE EAST ALONG SAID WESTERLY
7 EXTENSION, AND ALONG THE SOUTH LINE OF ALLEN AVENUE TO
8 THE WEST LINE OF OTTO AVENUE; THENCE SOUTH ALONG THE WEST
9 LINE OF OTTO AVENUE TO A POINT ON A WESTERLY EXTENSION
10 OF THE NORTH LINE OF THE SOUTH 30 FEET OF LOT 12 IN FIRST
11 ADDITION TO B.L. CARLSEN'S INDUSTRIAL SUBDIVISION, BEING
12 A RESUBDIVISION IN THE NORTHEAST QUARTER OF SECTION 9
13 AFORESAID, ACCORDING TO THE PLAT THEREOF RECORDED MARCH
14 5, 1962 AS DOCUMENT 18416079; THENCE EAST ALONG SAID
15 WESTERLY EXTENSION, AND ALONG THE AFOREMENTIONED NORTH
16 LINE OF THE SOUTH 30 FEET OF LOT 12, TO THE EAST LINE OF
17 LOT 12; THENCE NORTH ALONG THE EAST LINE OF LOT 12, BEING
18 ALSO THE EAST LINE OF THE NORTHEAST QUARTER OF SECTION 9,
19 TO THE NORTH LINE OF OWNER'S DIVISION OF PARTS OF LOTS 4
20 AND 5 OF HENRY HACHMEISTER'S DIVISION, IN THE NORTHWEST
21 QUARTER OF SECTION 10, AFORESAID, ACCORDING TO THE PLAT
22 THEREOF RECORDED APRIL 25, 1949 AS DOCUMENT 14539019;
23 THENCE EAST ALONG THE NORTH LINE OF SAID OWNER'S DIVISION
24 TO THE WEST LINE OF LOT 3 IN SAID OWNER'S DIVISION;
25 THENCE SOUTH ALONG THE WEST LINE OF LOT 3 TO THE
26 SOUTHWEST CORNER THEREOF; THENCE EAST ALONG THE SOUTH
27 LINE OF LOT 3 TO THE NORTHWEST CORNER OF LOT 4 IN SAID
28 OWNER'S SUBDIVISION; THENCE SOUTH ALONG THE WEST LINE OF
29 LOT 4 TO THE SOUTHWEST CORNER THEREOF; THENCE EAST ALONG
30 THE SOUTH LINE OF LOT 4, AND SAID SOUTH LINE EXTENDED
31 EASTERLY, TO THE EASTERLY RIGHT-OF-WAY LINE OF RIVER
32 ROAD; THENCE SOUTHEASTERLY ALONG THE EASTERLY
33 RIGHT-OF-WAY LINE OF SAID RIVER ROAD TO A POINT BEING
34 198.00 FEET NORTH OF AND PARALLEL TO THE SOUTH LINE OF
-886- LRB9111045EGfg
1 LOT 5 EXTENDED EASTERLY, IN HENRY HACHMEISTER'S DIVISION
2 PER DOCUMENT NUMBER 4183101; THENCE WESTERLY, ALONG A
3 LINE WHICH IS 198.00 FEET NORTH OF AND PARALLEL TO THE
4 SOUTH LINE OF SAID LOT 5 IN HENRY HACHMEISTER'S DIVISION,
5 TO THE NORTHWEST CORNER OF LOT 6 IN B.L. CARLSEN'S
6 INDUSTRIAL SUBDIVISION PER DOCUMENT NUMBER 1925132;
7 THENCE NORTHERLY TO A POINT BEING THE NORTHEAST CORNER OF
8 A PARCEL BEING DESCRIBED PER DOCUMENT T1862127, SAID
9 POINT BEING 293.73 FEET NORTH OF AND PARALLEL TO THE
10 SOUTH LINE OF SAID LOT 5 IN HENRY HACHMEISTER'S DIVISION;
11 THENCE WESTERLY ALONG A LINE, 293.73 FEET NORTH OF AND
12 PARALLEL TO THE SOUTH LINE OF SAID LOT 5, 91.50 FEET TO
13 THE NORTHWEST CORNER OF SAID PARCEL PER DOCUMENT
14 T1862127; THENCE SOUTHERLY ALONG A LINE BEING THE EAST
15 LINE OF THE WEST 200.00 FEET OF SAID LOT 5, 71.88 FEET TO
16 THE SOUTHEAST CORNER OF A PARCEL BEING DESCRIBED PER
17 DOCUMENT T2257298; THENCE WESTERLY ALONG THE SOUTH LINE
18 AND THE SOUTH LINE EXTENDED WESTERLY OF SAID PARCEL, 233
19 FEET TO THE POINT OF INTERSECTION WITH THE WEST LINE OF
20 MICHIGAN AVENUE RIGHT-OF-WAY; THENCE NORTHERLY ALONG SAID
21 WEST RIGHT-OF-WAY LINE OF MICHIGAN AVENUE TO THE
22 NORTHEAST CORNER OF LOT 1, BLOCK 12 IN J. TAYLOR'S ADD.
23 TO FAIRVIEW HEIGHTS PER DOCUMENT NUMBER 1876526, SAID
24 POINT ALSO BEING ON THE SOUTH RIGHT-OF-WAY LINE OF 60TH
25 STREET; THENCE WESTERLY ALONG SAID SOUTH RIGHT-OF-WAY
26 LINE OF 60TH STREET TO A POINT OF INTERSECTION WITH THE
27 EASTERLY RIGHT-OF-WAY LINE OF THE AFORESAID MINNEAPOLIS,
28 ST. PAUL AND ST. STE. MARIE RAILROAD RIGHT-OF-WAY; THENCE
29 NORTHWESTERLY ALONG SAID EASTERLY RIGHT-OF-WAY LINE TO
30 THE POINT OF BEGINNING; ; 70;
31 (71) For a period of 3 years after December 1,
32 1998, by the Village of Franklin Park, for the
33 redevelopment of blighted areas, for the acquisition of
34 property within the area legally described as:
-887- LRB9111045EGfg
1 BEGINNING AT THE NORTHEAST CORNER OF SAID TRACT NO.
2 2 (SAID CORNER BEING 50.0 FEET WEST OF THE CENTERLINE OF
3 MANNHEIM ROAD); THENCE SOUTH ALONG THE EAST LINE OF SAID
4 TRACT NO. 2, A DISTANCE OF 305.46 FEET; THENCE WEST,
5 PARALLEL WITH THE NORTH LINE OF SAID TRACT NO. 2, A
6 DISTANCE OF 175.0 FEET; THENCE SOUTH, PARALLEL WITH THE
7 EAST LINE OF SAID TRACT NO. 2, A DISTANCE OF 164.46 FEET
8 TO THE SOUTHERLY LINE OF SAID TRACT NO. 2 (SAID LINE
9 BEING 50.0 FEET NORTHERLY OF THE CENTERLINE OF GRAND
10 AVENUE); THENCE WESTERLY ALONG SAID LINE, 672.75 FEET;
11 THENCE NORTH ALONG A LINE THAT IS 227.30 FEET EAST OF (AS
12 MEASURED AT RIGHT ANGLES) AND PARALLEL WITH THE EAST LINE
13 OF MIKE LATORIA SR. INDUSTRIAL SUBDIVISION, 429.87 FEET
14 TO THE NORTH LINE OF SAID TRACT NO. 2; THENCE EAST ALONG
15 SAID NORTH LINE, 845.71 FEET TO THE POINT OF BEGINNING,
16 IN OWNER'S DIVISION OF THAT PART OF THE EAST HALF OF THE
17 NORTHEAST QUARTER OF SECTION 29, TOWNSHIP 40 NORTH, RANGE
18 12 EAST OF THE THIRD PRINCIPAL MERIDIAN, ACCORDING TO THE
19 PLAT THEREOF RECORDED AUGUST 16, 1929 AS DOCUMENT
20 10456788 AND FILED IN THE REGISTRAR'S OFFICE ON AUGUST
21 23, 1929 AS DOCUMENT LR474993, IN COOK COUNTY, ILLINOIS;
22 (72) For a period of 3 years after December 1,
23 1998, by the Village of Franklin Park, for the
24 redevelopment of blighted areas, for the acquisition of
25 the property legally described as:
26 Lots 19, 20, 21, 22, 23, 24, 25, 26 and 27 of the
27 Salerno-Kaufman Subdivision of part of Tract No. 1 in
28 Owner's Division of part of the East 1/2, Northeast 1/4,
29 Section 29, Township 40, Range 12, East of the Third
30 Principal Meridian, in Cook County, Illinois; and
31 That part of the South 117.64 feet of tract number 1
32 lying East of a line 235 feet West of and parallel with
33 West line of Mannheim Road in Owner's Division of part of
34 the East half of the Northeast quarter of Section 29,
-888- LRB9111045EGfg
1 Township 40 North, Range 12, East of the Third Principal
2 Meridian, according to the Plat thereof recorded August
3 16, 1929 as Document number 10456788, in Cook County,
4 Illinois;
5 (73) for a period of 2 years following the
6 effective date of this amendatory Act of the 91st General
7 Assembly, by the City of Taylorville for the acquisition
8 of land used for the construction of the second silt dam
9 on Lake Taylorville; the project area is limited to the
10 townships of Greenwood, Johnson, and Locust in southern
11 Christian County;
12 (74) for a period of 6 months following the
13 effective date of this amendatory Act of the 91st General
14 Assembly, by the City of Effingham for the acquisition of
15 all the right of way needed for the subject project
16 starting at Wernsing Avenue and running northerly to
17 Fayette Avenue, including the right of way for a
18 structure over the CSX rail line and U. S. Route 40;
19 (75) for a period of one year following the
20 effective date of this amendatory Act of the 91st General
21 Assembly, by the City of Effingham for the acquisition of
22 property for the construction of South Raney Street
23 Project Phase II, including a grade separation over
24 Conrail and U. S. Route 40 in the City of Effingham, from
25 the intersection of South Raney Street and West Wernsing
26 Avenue northerly to the intersection of South Raney
27 Street and West Fayette Avenue;
28 (76) for a period of 2 years following the effective
29 date of this amendatory Act of the 91st General Assembly,
30 by the Village of Lincolnshire, for the purpose of
31 redevelopment within the downtown area, for the
32 acquisition of property within that area legally
33 described as follows:
34 THAT PART OF SECTIONS 15 AND 22, TOWNSHIP 43 NORTH,
-889- LRB9111045EGfg
1 RANGE 11 EAST OF THE THIRD PRINCIPAL MERIDIAN DESCRIBED
2 AS FOLLOWS: BEGINNING AT THE INTERSECTION OF THE EAST
3 LINE OF THE PROPERTY DESCRIBED IN DOCUMENT NUMBER 2297085
4 AND THE NORTHERLY LINE OF HALF DAY ROAD; THENCE
5 NORTHEASTERLY ALONG SAID NORTHERLY LINE OF SAID HALF DAY
6 ROAD TO THE INTERSECTION WITH THE WEST LINE OF STATE
7 ROUTE NO. 21 (ALSO KNOWN AS MILWAUKEE AVENUE); THENCE
8 NORTHERLY ALONG SAID WEST LINE OF STATE ROUTE NO. 21 TO
9 THE NORTH LINE OF THE SOUTH 452.20 FEET OF THE NORTHEAST
10 QUARTER OF THE AFORESAID SECTION 15; THENCE EAST ALONG
11 THE SAID NORTH LINE OF THE SOUTH 452.20 FEET TO THE EAST
12 LINE OF THE NORTHEAST QUARTER OF SAID SECTION 15; THENCE
13 SOUTH ALONG THE SAID EAST LINE TO THE SOUTHEAST CORNER OF
14 THE NORTHEAST QUARTER THEREOF; THENCE WEST ALONG THE
15 SOUTH LINE OF THE SAID NORTHEAST QUARTER TO AN EAST LINE
16 OF VERNON CEMETERY AS DESCRIBED IN DOCUMENT NUMBER
17 263584; THENCE NORTH 37.20 FEET ALONG AFORESAID EAST LINE
18 OF CEMETERY TO THE NORTH EAST CORNER THEREOF; THENCE WEST
19 297.00 FEET ALONG THE NORTH LINE OF THE AFORESAID
20 CEMETERY, SAID LINE IS THE MOST NORTHERLY LINE OF
21 CEMETERY ROAD AS OCCUPIED AND EXTENDED TO A WEST LINE OF
22 AFORESAID VERNON CEMETERY EXTENDED NORTH; THENCE SOUTH
23 ALONG THE EXTENSION AND WEST LINE OF THE AFORESAID
24 CEMETERY TO THE SOUTHWEST CORNER THEREOF, SAID SOUTHWEST
25 CORNER IS 296.61 FEET SOUTH OF THE SOUTH LINE OF CEMETERY
26 ROAD AS OCCUPIED; THENCE EAST ALONG THE SOUTH LINE OF
27 VERNON CEMETERY TO THE SOUTH EAST CORNER THEREOF, SAID
28 SOUTHEAST CORNER ALSO BEING A POINT ON THE WEST LINE OF
29 PROPERTY DESCRIBED BY DOCUMENT NUMBER 2012084; THENCE
30 SOUTH ALONG AFORESAID WEST LINE TO THE NORTH LINE OF HALF
31 DAY ROAD; THENCE EAST ALONG LAST SAID NORTH LINE TO A
32 POINT IN THE WEST LINE (EXTENDED) OF INDIAN CREEK
33 SUBDIVISION (RECORDED AS DOCUMENT NUMBER 2084U19); THENCE
34 SOUTH ALONG THE WEST LINE AND AN EXTENSION THEREOF OF
-890- LRB9111045EGfg
1 INDIAN CREEK CONDOMINIUM SUBDIVISION TO THE SOUTHWEST
2 CORNER THEREOF; THENCE SOUTHEASTERLY ALONG A SOUTH LINE
3 OF INDIAN CREEK CONDOMINIUM SUBDIVISION 130.47 FEET TO
4 THE MOST SOUTHERLY CORNER IN THE AFORESAID SUBDIVISION
5 SAID POINT BEING IN THE NORTH LINE OF RELOCATED ILLINOIS
6 STATE ROUTE 22; THENCE NORTHEASTERLY ALONG A SOUTH LINE
7 OF INDIAN CREEK CONDOMINIUM SUBDIVISION 209.56 FEET, SAID
8 LINE BEING ALSO THE NORTH LINE OF RELOCATED ILLINOIS
9 STATE ROUTE 22, TO THE SOUTHEAST CORNER OF INDIAN CREEK
10 CONDOMINIUM SUBDIVISION; THENCE NORTH ALONG THE EAST LINE
11 OF INDIAN CREEK SUBDIVISION AND AN EXTENSION THEREOF TO
12 THE NORTH LINE OF HALF DAY ROAD; THENCE EAST ALONG THE
13 NORTH LINE OF HALF DAY ROAD TO THE EAST LINE OF THE
14 SOUTHEAST QUARTER OF SAID SECTION 15 TO THE SOUTHEAST
15 CORNER OF THE SOUTHEAST QUARTER OF SECTION 15 AFORESAID;
16 THENCE SOUTHERLY ALONG AN EASTERLY LINE OF THE HAMILTON
17 PARTNERS PROPERTY DESCRIBED AS FOLLOWS, BEGINNING AT THE
18 NORTHEAST CORNER OF THE NORTHEAST QUARTER OF SAID SECTION
19 22 (THE EAST LINE OF THE NORTHEAST QUARTER OF SAID
20 SECTION 22 HAVING AN ASSUMED BEARING OF SOUTH 00 DEGREES
21 00 MINUTES 00 SECONDS EAST FOR THIS LEGAL DESCRIPTION);
22 THENCE SOUTH 13 DEGREES 57 MINUTES 09 SECONDS WEST,
23 519.43 FEET TO A POINT DESCRIBED AS BEARING NORTH 51
24 DEGREES 41 MINUTES 30 SECONDS WEST, 159.61 FEET FROM A
25 POINT OF THE EAST LINE OF THE NORTHEAST QUARTER OF
26 SECTION 22 AFORESAID, 603.05 FEET, AS MEASURED ALONG SAID
27 EAST LINE, SOUTH OF THE NORTHEAST CORNER OF SAID
28 NORTHEAST QUARTER; THENCE SOUTH 05 DEGREES 08 MINUTES 04
29 SECONDS EAST, 232.01 FEET TO THE MOST NORTHERLY NORTHEAST
30 CORNER OF MARIOTT DRIVE, ACCORDING TO THE PLAT OF
31 DEDICATION RECORDED AS DOCUMENT NUMBER 1978811; THENCE
32 SOUTH 42 DEGREES 08 MINUTES 46 SECONDS WEST (RECORD SOUTH
33 42 DEGREES 09 MINUTES 23 SECONDS WEST) ALONG THE
34 NORTHWESTERLY LINE OF SAID MARIOTT DRIVE, 40.70 FEET
-891- LRB9111045EGfg
1 (RECORD 40.73 FEET) TO AN ANGLE POINT IN THE NORTH LINE
2 OF SAID MARIOTT DRIVE; THENCE SOUTH PERPENDICULAR TO
3 AFOREMENTIONED MARIOTT DRIVE TO A POINT ON THE SOUTH LINE
4 THEREOF; THENCE WEST ALONG THE SOUTH LINE OF MARIOTT
5 DRIVE TO A POINT PERPENDICULAR TO A POINT IN THE NORTH
6 LINE OF MARIOTT DRIVE THAT IS ON A LINE, THE EXTENSION OF
7 WHICH IS THE EASTERLY LINE OF LOTS 1 AND 2 IN INDIAN
8 CREEK RESUBDIVISION; THENCE NORTH PERPENDICULAR TO
9 MARIOTT DRIVE TO THE AFOREMENTIONED POINT ON THE NORTH
10 LINE; THENCE NORTHWESTERLY ON THE EASTERLY LINE &
11 EXTENSION THEREOF OF AFOREMENTIONED LOTS 1 AND 2 TO THE
12 NORTHEAST CORNER OF LOT 2; THENCE WEST ALONG THE NORTH
13 LINE OF LOT 2 TO THE NORTHWEST CORNER THEREOF; THENCE
14 SOUTHWESTERLY PERPENDICULAR TO ILLINOIS ROUTE 21
15 (MILWAUKEE AVENUE DEDICATED BY DOCUMENT NUMBER 2129168)
16 TO THE WEST LINE THEREOF; THENCE NORTH ALONG THE WEST
17 LINE OF AFOREMENTIONED ILLINOIS ROUTE 21 TO THE NORTHEAST
18 CORNER OF LOT 1 IN MCDONALD'S - KING'S SUBDIVISION;
19 THENCE WEST ALONG THE NORTH LINE OF THE LAST MENTIONED
20 LOT 1, 218.50 FEET TO A JOG IN THE NORTH LINE THEREOF;
21 THENCE NORTHERLY ALONG A WESTERLY LINE OF SAID LOT 1,
22 20.22 FEET TO A JOG IN THE NORTH LINE; THENCE WEST ALONG
23 THE NORTH LINE OF LOT 1 AFORESAID 150.42 FEET TO THE
24 NORTHWEST CORNER OF THEREOF; THENCE SOUTH 205.94 FEET
25 ALONG THE WEST LINE OF AFOREMENTIONED LOT 1 TO A JOG IN
26 THE WEST LINE THEREOF; THENCE EAST ALONG A SOUTH LINE OF
27 LOT 1 TO A JOG IN THE WEST LINE THEREOF 3.45 FEET; THENCE
28 SOUTH 91.22 FEET ALONG THE WEST LINE LOT 1 TO THE
29 SOUTHWEST CORNER LOT 1 AFOREMENTIONED; THENCE SOUTHERLY
30 RADIAL TO RELOCATED ILLINOIS STATE ROUTE 22 TO THE SOUTH
31 LINE THEREOF; THENCE WEST ALONG THE SOUTH LINE OF
32 RELOCATED ILLINOIS STATE ROUTE 22 TO A POINT
33 PERPENDICULAR TO A POINT AT THE SOUTHWEST CORNER OF THE
34 OLD HALF DAY SCHOOL PARCEL; THENCE NORTHWESTERLY 51.41
-892- LRB9111045EGfg
1 FEET ALONG A WEST LINE OF AFORESAID SCHOOL PARCEL TO A
2 CORNER THEREOF; THENCE NORTHEASTERLY 169.30 FEET ALONG A
3 NORTHERLY LINE OF AFORESAID SCHOOL PARCEL TO A CORNER
4 THEREOF; THENCE NORTHWESTERLY 242.80 FEET ALONG A WEST
5 LINE TO THE CENTER LINE OF HALF DAY ROAD; THENCE
6 NORTHWESTERLY NORMAL TO THE AFORESAID ROAD TO THE
7 NORTHERLY RIGHT OF WAY LINE THEREOF; THENCE EAST ALONG
8 THE NORTH LINE OF HALF DAY ROAD TO A POINT SAID POINT IS
9 A BEND IN THE WEST LINE OF PROPERTY DESCRIBED BY DOCUMENT
10 NUMBER 2600952; THENCE NORTHWESTERLY 7.82 CHAINS ALONG
11 THE WEST LINE AFOREMENTIONED TO THE NORTHWEST CORNER
12 THEREOF; THENCE SOUTHEASTERLY 2.39 CHAINS TO THE
13 NORTHEAST CORNER OF THE SAID PROPERTY; THENCE
14 SOUTHEASTERLY ALONG THE EASTERLY LINE OF AFORESAID
15 PROPERTY TO THE NORTHWEST CORNER OF PROPERTY DESCRIBED IN
16 DOCUMENT NUMBER 2297085; THENCE EAST 2.27 CHAINS ALONG
17 THE NORTH LINE OF AFOREMENTIONED PROPERTY TO THE
18 NORTHEAST CORNER THEREOF; THENCE SOUTH ALONG THE EAST
19 LINE OF THE AFOREMENTIONED PROPERTY TO THE PLACE OF
20 BEGINNING, (EXCEPT THEREFROM THE TRACT OF LAND AS
21 DESCRIBED BY DOCUMENT NUMBER 1141157 AND MILWAUKEE AVE.
22 ADJACENT THERETO) ALL IN LAKE COUNTY, ILLINOIS;
23 (77) for a period of 18 months after the effective
24 date of this amendatory Act of 1999, by the City of
25 Marion for the acquisition of property and temporary
26 construction easements bounded by the following lines for
27 improvement of the Pentecost Road project:
28 A variable width strip of land lying parallel with and
29 contiguous to the existing east and west Right-of-Way
30 lines of Pentecost Road in the following quarter-quarter
31 section:
32 the NW1/4 NW1/4, Section 16; NE1/4 NE1/4, Section 17;
33 NW1/4 SW1/4, Section 16; SW1/4 SW1/4, Section 16; NE1/4
34 SE1/4, Section 17; and the SE1/4 SE1/4, Section 17, all
-893- LRB9111045EGfg
1 located in Township 9 South, Range 2 East of the Third
2 Principal Meridian; Williamson County, Illinois;
3 (78) for a period of 6 months following the
4 effective date of this amendatory Act of the 91st General
5 Assembly, by the city of Geneva, for the Prairie and
6 Wetland Restoration Project, for the acquisition of
7 property described as follows:
8 PARCEL ONE: THE SOUTH 1/2 OF THE NORTHEAST 1/4 OF
9 SECTION 6, TOWNSHIP 39 NORTH, RANGE 8 EAST OF THE THIRD
10 PRINCIPAL MERIDIAN, IN THE TOWNSHIP OF GENEVA, KANE
11 COUNTY, ILLINOIS.
12 PARCEL TWO: THE SOUTH HALF OF THE NORTHWEST
13 FRACTIONAL QUARTER OF SECTION 6, TOWNSHIP 39 NORTH, RANGE
14 8 EAST OF THE THIRD PRINCIPAL MERIDIAN, IN THE TOWNSHIP
15 OF GENEVA, KANE COUNTY, ILLINOIS.
16 PARCEL THREE: THAT PART OF THE SOUTH 1/2 OF THE
17 NORTHEAST 1/4 OF SECTION 1, TOWNSHIP 39 NORTH, RANGE 7
18 EAST OF THE THIRD PRINCIPAL MERIDIAN LYING EAST OF THE
19 FOLLOWING TRACT: (A STRIP OF LAND 60 FEET IN WIDTH
20 EXTENDING OVER AND ACROSS THE SOUTH EAST 1/4 OF THE
21 NORTHEAST 1/4 OF SECTION 1, TOWNSHIP 39 NORTH, RANGE 7
22 EAST OF THE THIRD PRINCIPAL MERIDIAN, SAID STRIP OF LAND
23 BEING THAT CERTAIN STRIP OF LAND AS CONVEYED BY CHARLES
24 W. PEMBLETON AND WIFE TO THE CHICAGO AND NORTH WESTERN
25 RAILWAY COMPANY (NOW THE CHICAGO AND NORTH WESTERN
26 TRANSPORTATION COMPANY) BY WARRANTY DEED DATED JUNE 29,
27 1903 AND RECORDED AS DOCUMENT 64790 IN BOOK 430 ON PAGE
28 337 IN THE OFFICE OF THE REGISTRAR OF DEEDS FOR KANE
29 COUNTY, ILLINOIS) IN THE TOWNSHIP OF BLACKBERRY, KANE
30 COUNTY, ILLINOIS;
31 (79) for a period of 2 years after the effective
32 date of this amendatory Act of the 91st General Assembly,
33 by the City of Arcola for the purpose of acquiring
34 property in connection with a project to widen Illinois
-894- LRB9111045EGfg
1 Route 133 east of Interstate 57;
2 (80) for a period of 24 months after the effective
3 date of this amendatory Act of the 91st General Assembly,
4 by the County of Lake, for the acquisition of necessary
5 right-of-way to complete the improvement of the
6 intersection of County Highway 47 (9th Street) and County
7 Highway 27 (Lewis Avenue);
8 (81) for a period of 24 months after the effective
9 date of this amendatory Act of the 91st General Assembly,
10 by the County of Lake, for the acquisition of necessary
11 right-of-way to complete the improvement of the various
12 intersections and roadways involved in the project to
13 improve County Highway 70 (Hawley Street), County Highway
14 26 (Gilmer Road), and County Highway 62 (Fremont Center
15 Road) at and near Illinois Route 176;
16 (82) for a period of 30 months after the effective
17 date of this amendatory Act of the 91st General Assembly,
18 by the County of Winnebago to allow for the acquisition
19 of right-of-way for the construction of the Harrison
20 Avenue Extension project from Montague Road to West
21 State Street lying within Section 20, the east 1/2 of
22 Section 29, and the northeast 1/4 of Section 32,
23 Township 44W, Range 1 East of the 3rd Principal
24 Meridian, in Winnebago County;
25 (83) for a period of 2 years after the effective
26 date of this amendatory Act of the 91st General Assembly,
27 by the Village of Schiller Park, for the acquisition of
28 the following described property for purposes of
29 redevelopment of blighted areas:
30 The following parcel of property lying within the East
31 Half of the Southeast Quarter of Section 17, Township 40
32 North, Range 12 East of the Third Principal Meridian and
33 the N East Half of the Southwest Quarter of Section 16,
34 Township 40 North, Range 12 East of the Third Principal
-895- LRB9111045EGfg
1 Meridian all in Cook County, Illinois:
2 Commencing at the intersection of the center line of
3 Irving Park Road with the west line of Mannheim Road;
4 thence, southwesterly along the westerly line of Mannheim
5 Road to its intersection with the south line of Belle
6 Plaine Avenue, as extended from the east; thence,
7 easterly along the south line of Belle Plaine Avenue to
8 its intersection with the west line, as extended from the
9 North, of Lot 7 in the Subdivision of the West Half of
10 the Southwest Quarter of Section 16, Township 40 North,
11 Range 12 East of the Third Principal Meridian (except
12 that part lying Northerly of Irving Park Road), recorded
13 April 14, 1921 as document no. 7112572; thence, northerly
14 along the west line, as extended from the north, of Lot 7
15 of the aforecited Subdivision to its intersection with
16 the north line of Belle Plaine Avenue; thence,
17 northeasterly along the northwesterly line of the
18 property acquired by The Illinois State Toll Highway
19 Authority to its intersection with the east line of Lot 7
20 of the aforecited Subdivision; thence, northerly along
21 the east line of Lot 7 of the aforecited Subdivision to
22 its intersection with the south line of Lot 2 in the
23 aforecited Subdivision; thence, westerly along the south
24 line of Lot 2 of the aforecited Subdivision to its
25 intersection with the west line of Lot 2 of the
26 aforecited Subdivision; thence, northerly along the west
27 line of Lot 2 of the aforecited Subdivision and the
28 extension of the west line of Lot 2 to its intersection
29 with the center line of Irving Park Road; thence,
30 westerly along the center line of Irving Park Road to the
31 point of beginning.
32 Notwithstanding the property description contained in
33 this paragraph (83), the Village of Schiller Park may not
34 acquire, under the authority of this paragraph (83), any
-896- LRB9111045EGfg
1 property that is owned by any other unit of local government;
2 (84) for a period of 2 years after the effective
3 date of this amendatory Act of the 91st General Assembly,
4 by the City of Springfield, for the acquisition of (i)
5 the property located in the City of Springfield and
6 bounded on the north by Mason Street, on the west by
7 Fifth Street, on the south by Jefferson Street, and on
8 the east by Sixth Street and (ii) the property located in
9 the City of Springfield and bounded on the north by
10 Madison Street, on the west by Sixth Street, on the south
11 by Washington Street, and on the east by Seventh Street,
12 for the Abraham Lincoln Presidential Library;
13 (85) for a period of 24 months after the effective
14 date of this amendatory Act of the 91st General Assembly,
15 by McLean County, for the acquisition of property
16 necessary for the purpose of construction with respect to
17 the Towanda-Barnes Road from Route 150 to Ft. Jesse Road;
18 (86) for a period of 12 months after the effective
19 date of this amendatory Act of the 91st General Assembly,
20 by Pike County, for the acquisition of property necessary
21 for the purpose of construction with respect to F.A.S.
22 1591, commonly known as Martinsburg Road, from one mile
23 north of Martinsburg to 0.25 mile north of Martinsburg;
24 (87) for a period of 12 months after the effective
25 date of this amendatory Act of the 91st General Assembly,
26 by the Fox Metro Water Reclamation District, for the
27 acquisition of the following described property for the
28 purpose of extending the collector system and
29 construction of facilities for treatment of effluent:
30 THAT PART OF LOTS 2 AND 3 OF LARSON'S SUBDIVISION
31 DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHWEST
32 CORNER OF SAID LOT 3 BEING ON THE CENTER LINE OF
33 STATE ROUTE NO. 31; THENCE SOUTH 7 DEGREES 01
34 MINUTES WEST ALONG SAID CENTER LINE 46.58 FEET FOR
-897- LRB9111045EGfg
1 THE POINT OF BEGINNING; THENCE NORTH 7 DEGREES 01
2 MINUTES EAST ALONG SAID CENTER LINE 91.58 FEET;
3 THENCE SOUTH 88 DEGREES 31 MINUTES EAST PARALLEL
4 WITH THE NORTH LINE OF SAID LOT 3, 781.87 FEET TO
5 THE EASTERLY LINE OF SAID LOT 2; THENCE SOUTH 19
6 DEGREES 40 MINUTES WEST ALONG THE EASTERLY LINES OF
7 LOTS 2 AND 3 106.9 FEET; THENCE SOUTH 9 DEGREES 39
8 MINUTES EAST ALONG THE EASTERLY LINE OF SAID LOT 3,
9 70.83 FEET TO A LINE DRAWN SOUTH 82 DEGREES 36
10 MINUTES EAST, PARALLEL WITH THE SOUTHERLY LINE OF
11 SAID LOT 3, FROM THE PLACE OF BEGINNING; THENCE
12 NORTH 82 DEGREES 36 MINUTES WEST ALONG SAID PARALLEL
13 LINE 775.16 FEET TO THE PLACE OF BEGINNING, IN THE
14 TOWNSHIP OF OSWEGO, KENDALL COUNTY, ILLINOIS.
15 ALSO:
16 THAT PART OF THE SOUTHWEST 1/4 OF SECTION 5,
17 TOWNSHIP 37 NORTH, RANGE 8 EAST OF THE THIRD
18 PRINCIPAL MERIDIAN, DESCRIBED AS FOLLOWS: COMMENCING
19 AT THE NORTHWEST CORNER OF THE SOUTHWEST FRACTIONAL
20 QUARTER OF SECTION 6, TOWNSHIP AND RANGE AFORESAID;
21 THENCE SOUTH ALONG THE WEST LINE OF SAID SECTION 6,
22 1363.34 FEET; THENCE SOUTH 82 DEGREES 36 MINUTES
23 EAST 5298.7 FEET TO THE WESTERLY BANK OF FOX RIVER;
24 THENCE NORTH 18 DEGREES 46 MINUTES WEST ALONG SAID
25 WESTERLY BANK 192.5 FEET FOR THE POINT OF BEGINNING;
26 THENCE NORTH 18 DEGREES 46 MINUTES WEST ALONG SAID
27 WESTERLY BANK 44.35 FEET; THENCE NORTH 37 DEGREES 16
28 MINUTES WEST ALONG SAID WESTERLY BANK 227.8 FEET;
29 THENCE NORTH 82 DEGREES 36 MINUTES WEST 867.3 FEET
30 TO THE CENTER LINE OF THE ORIGINAL ROAD; THENCE
31 SOUTHERLY ALONG SAID CENTER LINE 200 FEET TO A LINE
32 DRAWN NORTH 82 DEGREES 36 MINUTES WEST FROM THE
33 POINT OF BEGINNING; THENCE SOUTH 82 DEGREES 36
34 MINUTES EAST 1014.21 FEET TO THE POINT OF BEGINNING,
-898- LRB9111045EGfg
1 IN THE TOWNSHIP OF OSWEGO, KENDALL COUNTY, ILLINOIS.
2 ALSO:
3 PARCEL ONE:
4 LOT 5 OF LARSON'S SUBDIVISION, TOWNSHIP OF OSWEGO,
5 KENDALL COUNTY, ILLINOIS.
6 PARCEL TWO:
7 THAT PART OF THE SOUTHWEST 1/4 OF SECTION 5,
8 TOWNSHIP 37 NORTH, RANGE 8 EAST OF THE THIRD
9 PRINCIPAL MERIDIAN DESCRIBED AS FOLLOWS: COMMENCING
10 AT THE INTERSECTION OF THE SOUTH LINE OF SAID
11 SECTION 5 WITH THE CENTER LINE OF ILLINOIS STATE
12 ROUTE NUMBER 31; THENCE NORTH 6 DEGREES 44 MINUTES
13 EAST ALONG SAID CENTER LINE 745.75 FEET; THENCE
14 SOUTH 82 DEGREES 30 MINUTES EAST 100 FEET TO THE
15 POINT OF BEGINNING; THENCE SOUTHWESTERLY AT RIGHT
16 ANGLES WITH THE LAST DESCRIBED COURSE, 110 FEET;
17 THENCE SOUTH 83 DEGREES 30 MINUTES EAST TO THE
18 CENTER THREAD OF THE FOX RIVER; THENCE NORTHERLY
19 ALONG SAID CENTER THREAD TO A LINE DRAWN SOUTH 82
20 DEGREES 30 MINUTES EAST FOR THE POINT OF BEGINNING;
21 THENCE NORTH 82 DEGREES 30 MINUTES WEST TO THE POINT
22 OF BEGINNING; IN THE TOWNSHIP OF OSWEGO, KENDALL
23 COUNTY, ILLINOIS.
24 ALSO:
25 THAT PART OF THE SOUTH 1/2 OF THE WEST PART OF
26 SECTION 5, TOWNSHIP 37 NORTH, RANGE 8 EAST OF THE
27 THIRD PRINCIPAL MERIDIAN WHICH LIES EAST OF THE
28 CENTER LINE OF STATE ROUTE NO. 31 AND SOUTH OF A
29 LINE EXTENDING SOUTH 82 DEGREES 30 MINUTES EAST FROM
30 A POINT IN THE SAID CENTER LINE OF SAID HIGHWAY THAT
31 IS NORTH 6 DEGREES 44 MINUTES EAST 745.75 FEET FROM
32 THE SOUTH LINE OF SAID SECTION TO THE CENTER THREAD
33 OF THE FOX RIVER (EXCEPT THE RIGHT OF WAY OF THE
34 SAID STATE ROUTE NO. 31 AND A STRIP IN THE NORTHWEST
-899- LRB9111045EGfg
1 CORNER 67 FEET WIDE AND 325 FEET LONG MEASURED ALONG
2 THE EASTERLY LINE OF SAID HIGHWAY, USED FOR CEMETERY
3 PURPOSES, AND ALSO EXCEPT THAT PART LYING SOUTH OF
4 THE NORTH LINE OF PREMISES CONVEYED TO THE
5 COMMONWEALTH EDISON COMPANY BY WARRANTY DEED
6 RECORDED OCTOBER 9, 1959 AS DOCUMENT 127020 AND ALSO
7 EXCEPT THAT PART DESCRIBED AS FOLLOWS: COMMENCING AT
8 THE INTERSECTION OF THE SOUTH LINE OF SAID SECTION 5
9 WITH THE CENTER LINE OF ILLINOIS STATE ROUTE NO. 31;
10 THENCE NORTH 6 DEGREES 44 MINUTES EAST ALONG SAID
11 CENTER LINE 745.75 FEET; THENCE SOUTH 82 DEGREES 30
12 MINUTES EAST 100 FEET FOR THE POINT OF BEGINNING;
13 THENCE SOUTHWESTERLY AT RIGHT ANGLES WITH THE LAST
14 DESCRIBED COURSE, 110 FEET; THENCE SOUTH 82 DEGREES
15 30 MINUTES EAST TO THE CENTER THREAD OF THE FOX
16 RIVER; THENCE NORTHERLY ALONG SAID CENTER THREAD TO
17 A LINE DRAWN SOUTH 82 DEGREES 30 MINUTES EAST FROM
18 THE POINT OF BEGINNING; THENCE NORTH 82 DEGREES 30
19 MINUTES WEST TO THE POINT OF BEGINNING), IN THE
20 TOWNSHIP OF OSWEGO, KENDALL COUNTY, ILLINOIS;
21 (88) for a period of 12 months after the effective
22 date of this amendatory Act of the 91st General Assembly,
23 by St. Clair County, for the acquisition of property
24 necessary for the purpose of the following county road
25 improvements in the City of O'Fallon and the Village of
26 Shiloh: Section 95-00301-02-PV, Hartman Lane to
27 Shiloh-O'Fallon Road, 2.45 miles of concrete pavement, 24
28 feet wide, 10-foot shoulders, a 95-foot single-span
29 bridge, earthwork, and traffic signals;
30 (89) for a period of 12 months after the effective
31 date of this amendatory Act of the 91st General Assembly,
32 by St. Clair County, for the acquisition of property
33 necessary for the purpose of the following county road
34 improvements in the City of Fairview Heights: Section
-900- LRB9111045EGfg
1 97-00301-04-PV, Metro-Link Station to Illinois Route 159,
2 2.04 miles of concrete pavement, 24 feet wide, 10-foot
3 shoulders, earthwork, and traffic signals;
4 (90) for a period of 12 months after the effective
5 date of this amendatory Act of the 91st General Assembly,
6 by St. Clair County, for the acquisition of property
7 necessary for the purpose of the following county road
8 improvements in the City of O'Fallon: Section
9 97-03080-05-PV, Jennifer Court to Station 122+50, 1.52
10 miles of concrete pavement, 24 to 40 feet wide, 10-foot
11 shoulders, earthwork, storm sewers, curbs, and gutters;
12 (91) for a period of 12 months after the effective
13 date of this amendatory Act of the 91st General Assembly,
14 by Madison County, for the acquisition of property
15 necessary for the purpose of approximately 2.4 miles of
16 roadwork commencing at the intersection of Illinois Route
17 143 northerly over, adjacent to, and near the location of
18 County Highway 19 (locally known as Birch Drive) to the
19 intersection of Buchts Road, traversing through land
20 sections 19, 20, 29, 30, and 31 of Ft. Russell Township,
21 the work to consist of excavation, fill placement,
22 concrete structures, and an aggregate and bituminous base
23 with bituminous binder and surfacing;
24 (92) for a period of 2 years after the effective
25 date of this amendatory Act of the 91st General Assembly,
26 by Lake County, for the acquisition of property necessary
27 for the purpose of improving County Highway 70 (Hawley
28 Street) from Chevy Chase Road to County Highway 26
29 (Gilmer Road);
30 (93) for a period of 12 months after the effective
31 date of this amendatory Act of the 91st General Assembly,
32 by Kendall County, for the acquisition of the following
33 described property for the purpose of road construction
34 or improvements, including construction of a bridge and
-901- LRB9111045EGfg
1 related improvements:
2 THAT PART OF THE EAST 1/2 OF SECTION 24, TOWNSHIP 37
3 NORTH, RANGE 7 EAST OF THE THIRD PRINCIPAL MERIDIAN,
4 KENDALL COUNTY, ILLINOIS DESCRIBED AS FOLLOWS: COMMENCING
5 AT THE NORTHEAST CORNER OF LOT 4 OF CHRISTIE C. HERREN'S
6 2ND SUBDIVISION; THENCE ON AN ASSUMED BEARING NORTH 89
7 DEGREES 32 MINUTES 05 SECONDS EAST, 33.00 FEET ALONG THE
8 EASTERLY EXTENSION OF THE NORTH LINE OF SAID LOT 4 TO THE
9 CENTER LINE OF MINKLER ROAD; THENCE NORTH 0 DEGREES 27
10 MINUTES 55 SECONDS WEST, 1,585.91 FEET ALONG THE CENTER
11 LINE OF MINKLER ROAD TO THE CENTER LINE OF ILLINOIS ROUTE
12 71; THENCE NORTH 0 DEGREES 53 MINUTES 06 SECONDS WEST,
13 1,084.14 FEET ALONG THE CENTER LINE OF MINKLER ROAD AND
14 THE NORTHERLY EXTENSION THEREOF TO THE NORTH RIGHT-OF-WAY
15 LINE OF THE BURLINGTON NORTHERN SANTA FE RAILROAD FOR THE
16 POINT OF BEGINNING; THENCE CONTINUING NORTH 0 DEGREES 53
17 MINUTES 06 SECONDS WEST, 12.95 FEET TO THE SOUTH BANK OF
18 THE FOX RIVER; THENCE NORTH 84 DEGREES 02 MINUTES 18
19 SECONDS EAST, 192.09 FEET ALONG SAID SOUTH BANK; THENCE
20 SOUTH 23 DEGREES 08 MINUTES 48 SECONDS EAST, 4.22 FEET TO
21 THE NORTH RIGHT-OF-WAY LINE OF THE BURLINGTON NORTHERN
22 SANTA FE RAILROAD; THENCE SOUTHWESTERLY, 194.71 FEET
23 ALONG A 3,956.53 FOOT RADIUS CURVE TO THE LEFT WHOSE
24 CHORD BEARS SOUTH 81 DEGREES 25 MINUTES 34 SECONDS WEST,
25 194.69 FEET TO THE POINT OF BEGINNING.
26 AND:
27 THAT PART OF THE EAST 1/2 OF SECTION 24, TOWNSHIP 37
28 NORTH, RANGE 7 EAST OF THE THIRD PRINCIPAL MERIDIAN,
29 KENDALL COUNTY, ILLINOIS DESCRIBED AS FOLLOWS: COMMENCING
30 AT THE NORTHEAST CORNER OF LOT 4 OF CHRISTIE C. HERREN'S
31 2ND SUBDIVISION; THENCE ON AN ASSUMED BEARING NORTH 89
32 DEGREES 32 MINUTES 05 SECONDS EAST, 33.00 FEET ALONG THE
33 EASTERLY EXTENSION OF THE NORTH LINE OF SAID LOT 4 TO THE
34 CENTER LINE OF MINKLER ROAD; THENCE NORTH 0 DEGREES 27
-902- LRB9111045EGfg
1 MINUTES 55 SECONDS WEST, 1,585.91 FEET ALONG THE CENTER
2 LINE OF MINKLER ROAD TO THE CENTER LINE OF ILLINOIS ROUTE
3 71 FOR THE POINT OF BEGINNING; THENCE NORTH 0 DEGREES 53
4 MINUTES 06 SECONDS WEST, 52.33 FEET ALONG THE CENTER LINE
5 OF MINKLER ROAD; THENCE NORTH 72 DEGREES 01 MINUTES 36
6 SECONDS EAST, 130.87 FEET ALONG THE NORTH RIGHT-OF-WAY
7 LINE OF ILLINOIS ROUTE 71; THENCE NORTH 18 DEGREES 09
8 MINUTES 27 SECONDS WEST, 111.00 FEET; THENCE NORTH 74
9 DEGREES 41 MINUTES 24 SECONDS EAST, 40.24 FEET; THENCE
10 NORTH 3 DEGREES 05 MINUTES 16 SECONDS WEST, 239.00 FEET;
11 THENCE SOUTH 89 DEGREES 29 MINUTES 13 SECONDS WEST, 69.62
12 FEET; THENCE SOUTH 43 DEGREES 09 MINUTES 14 SECONDS WEST,
13 46.47 FEET; THENCE SOUTH 89 DEGREES 06 MINUTES 54 SECONDS
14 WEST, 20.00 FEET TO THE CENTER LINE OF MINKLER ROAD;
15 THENCE NORTH 0 DEGREES 53 MINUTES 06 SECONDS WEST, 595.48
16 FEET ALONG SAID CENTER LINE AND SAID CENTER LINE EXTENDED
17 NORTHERLY TO THE SOUTH RIGHT-OF-WAY LINE OF THE
18 BURLINGTON NORTHERN SANTA FE RAILROAD; THENCE EASTERLY,
19 222.77 FEET ALONG A 3,881.53 FOOT RADIUS CURVE TO THE
20 RIGHT WHOSE CHORD BEARS NORTH 81 DEGREES 28 MINUTES 59
21 SECONDS EAST, 222.74 FEET; THENCE SOUTH 20 DEGREES 43
22 MINUTES 16 SECONDS EAST, 119.40 FEET; THENCE SOUTHERLY,
23 237.80 FEET ALONG A 717.37 FEET RADIUS CURVE TO THE RIGHT
24 WHOSE CHORD BEARS SOUTH 11 DEGREES 13 MINUTES 29 SECONDS
25 EAST, 236.71 FEET; THENCE SOUTH 1 DEGREES 43 MINUTES 42
26 SECONDS EAST, 471.58 FEET; THENCE SOUTH 55 DEGREES 31
27 MINUTES 50 SECONDS EAST, 63.07 FEET; THENCE NORTH 72
28 DEGREES 01 MINUTES 36 SECONDS EAST, 86.50 FEET; THENCE
29 SOUTH 17 DEGREES 58 MINUTES 24 SECONDS EAST, 20.00 FEET
30 TO THE EXISTING NORTH RIGHT-OF-WAY LINE OF ILLINOIS ROUTE
31 71; THENCE NORTH 72 DEGREES 01 MINUTES 36 SECONDS EAST,
32 350.00 FEET ALONG SAID NORTH RIGHT-OF-WAY LINE OF
33 ILLINOIS ROUTE 71; THENCE SOUTH 17 DEGREES 58 MINUTES 24
34 SECONDS EAST, 50.00 FEET TO THE CENTER LINE OF ILLINOIS
-903- LRB9111045EGfg
1 ROUTE 71; THENCE SOUTH 72 DEGREES 01 MINUTES 36 SECONDS
2 WEST, 836.88 FEET ALONG SAID CENTER LINE TO THE POINT OF
3 BEGINNING.
4 AND:
5 THAT PART OF THE EAST 1/2 OF SECTION 24, TOWNSHIP 37
6 NORTH, RANGE 7 EAST OF THE THIRD PRINCIPAL MERIDIAN,
7 KENDALL COUNTY, ILLINOIS, DESCRIBED AS FOLLOWS:
8 COMMENCING AT THE NORTHEAST CORNER OF LOT 4 OF CHRISTIE
9 C. HERREN'S 2ND SUBDIVISION; THENCE ON AN ASSUMED BEARING
10 NORTH 89 DEGREES 32 MINUTES 05 SECONDS EAST, 33.00 FEET
11 ALONG THE EASTERLY EXTENSION OF THE NORTH LINE OF SAID
12 LOT 4 TO THE CENTER LINE OF MINKLER ROAD; THENCE NORTH 0
13 DEGREES 27 MINUTES 55 SECONDS WEST, 1,585.91 FEET ALONG
14 SAID CENTER LINE TO THE CENTER LINE OF ILLINOIS ROUTE 71
15 FOR THE POINT OF BEGINNING; THENCE NORTH 72 DEGREES 01
16 MINUTES 36 SECONDS EAST, 836.88 FEET ALONG THE CENTER
17 LINE OF ILLINOIS ROUTE 71; THENCE SOUTH 17 DEGREES 58
18 MINUTES 24 SECONDS EAST, 50.00 FEET TO THE SOUTH
19 RIGHT-OF-WAY LINE OF ILLINOIS ROUTE 71; THENCE SOUTH 64
20 DEGREES 54 MINUTES 06 SECONDS WEST, 201.56 FEET; THENCE
21 SOUTH 72 DEGREES 01 MINUTES 36 SECONDS WEST, 331.43 FEET;
22 THENCE SOUTH 1 DEGREES 55 MINUTES 17 SECONDS WEST, 144.09
23 FEET; THENCE SOUTHERLY 327.44 FEET ALONG AN 853.94 FOOT
24 RADIUS CURVE TO THE RIGHT WHOSE CHORD BEARS SOUTH 12
25 DEGREES 54 MINUTES 22 SECONDS WEST, 325.44 FEET; THENCE
26 SOUTH 23 DEGREES 53 MINUTES 28 SECONDS WEST, 211.52
27 FEET; THENCE SOUTHERLY 289.43 FEET ALONG A 673.94 FOOT
28 RADIUS CURVE TO THE LEFT WHOSE CHORD BEARS SOUTH 11
29 DEGREES 35 MINUTES 17 SECONDS WEST, 287.21 FEET; THENCE
30 SOUTH 0 DEGREES 42 MINUTES 55 SECONDS EAST, 135.43 FEET;
31 THENCE SOUTH 89 DEGREES 17 MINUTES 05 SECONDS WEST, 85.98
32 FEET TO THE CENTER LINE OF MINKLER ROAD; THENCE NORTH 0
33 DEGREES 27 MINUTES 55 SECONDS WEST, 459.31 FEET ALONG
34 SAID CENTER LINE; THENCE NORTH 21 DEGREES 25 MINUTES 47
-904- LRB9111045EGfg
1 SECONDS EAST, 232.86 FEET; THENCE NORTHERLY 266.09 FEET
2 ALONG A 693.94 FOOT RADIUS CURVE TO THE LEFT WHOSE CHORD
3 BEARS NORTH 12 DEGREES 54 MINUTES 22 SECONDS EAST, 264.46
4 FEET; THENCE NORTH 1 DEGREES 55 MINUTES 17 SECONDS EAST,
5 64.92 FEET; THENCE NORTH 53 DEGREES 01 MINUTES 20 SECONDS
6 WEST, 30.54 FEET; THENCE SOUTH 72 DEGREES 01 MINUTES 36
7 SECONDS WEST, 132.59 FEET TO THE CENTER LINE OF MINKLER
8 ROAD; THENCE NORTH 0 DEGREES 27 MINUTES 55 SECONDS WEST,
9 73.38 FEET ALONG SAID CENTER LINE TO THE POINT OF
10 BEGINNING;
11 (94) For a period of 2 years after the effective
12 date of this amendatory Act of the 91st General Assembly,
13 by DuPage Public Safety Communications (DU-COMM), a unit
14 of intergovernmental cooperation, for the acquisition of
15 property including land, buildings, towers, fixtures, and
16 other improvements located at Cloverdale, Illinois and
17 described as follows:
18 A tract or parcel of land situated in the Southeast
19 Quarter (SE 1/4) of Section Twenty-one (21), Township
20 Forty (40) North, Range Ten (10) East of the Third
21 Principal Meridian, more particularly described as
22 follows:
23 Commencing at the Southwest corner of the
24 Southeast Quarter (SE 1/4) of said Section
25 Twenty-one (21), measure North, along the West line
26 of the Southeast Quarter (SE 1/4) of said Section
27 Twenty-one (21) 1287.35 feet, then East at right
28 angles to the said West line of the Southeast
29 Quarter (SE 1/4) of said Section Twenty-one (21),
30 292.57 feet to the point of beginning;
31 Thence East along the last described course
32 208.71 feet, thence South at right angles to the
33 last described course 208.71 feet, thence West at
34 right angles to the last described course 208.71
-905- LRB9111045EGfg
1 feet, thence North in a direct line 208.71 feet to
2 the point of beginning; also
3 A right of way and easement thirty-three (33) feet
4 in width for the construction, maintenance, and use of
5 (a) a roadway suitable for vehicular traffic, and (b)
6 such aerial or underground electric power and
7 communication lines as said Company may from time to time
8 desire, consisting of poles, wires, cables, conduits,
9 guys, anchors, and other fixtures and appurtenances, the
10 center line of which right of way and easement is
11 described as follows:
12 Commencing at a point on the West line of the
13 tract or parcel of land above described, distant
14 Southerly 16.5 feet from the Northwest corner of
15 said tract or parcel, thence Westerly at right
16 angles to the West line of the Southeast Quarter (SE
17 1/4) of said Section Twenty-one (21), 293 feet more
18 or less to the public road situated on the West line
19 of the Southeast Quarter (SE 1/4) of said Section
20 Twenty-one (21), Township and Range aforesaid;
21 (95) for a period of 3 years after the effective date of
22 this amendatory Act of the 91st General Assembly (in the case
23 of the permanent easements described in items (A) and (C)),
24 by the City of Crest Hill, for acquisition of the following
25 easements:
26 (A) Permanent easement for the purposes of
27 installation, maintenance, and use of water or sewer, or
28 both water and sewer, lines in, along, through, and under
29 the following legally described property:
30 The East 70 feet of the North half of the North half
31 of the Southeast Quarter of Section 30, Township 36
32 North, and in Range 10, East of the Third Principal
33 Meridian (Except therefrom the North 12 Rods of the East
34 13 1/2 Rods thereof, and also except the South 99 feet of
-906- LRB9111045EGfg
1 the East 440 feet thereof), in Will County, Illinois.
2 (B) Temporary easement for purposes of initial
3 construction of the water or sewer, or both water and
4 sewer, lines in, along, through, and under the permanent
5 easement described in item (A). The temporary easement
6 herein shall arise on September 1, 1999 and shall cease
7 on August 31, 2001 and is legally described as follows:
8 The East 100 feet of the North half of the North
9 half of the Southeast Quarter of Section 30, Township 36
10 North, and in Range 10, East of the Third Principal
11 Meridian (Except therefrom the North 12 Rods of the East
12 13 1/2 Rods thereof, and also except the South 99 feet of
13 the East 440 feet thereof), in Will County, Illinois.
14 (C) Permanent easement for the purposes of
15 installation, maintenance, and use of water or sewer, or
16 both water and sewer, lines in, along, through, and under
17 the following legally described property:
18 The East 70 feet of the West 120 feet of the South
19 half of the Southeast Quarter of Section 30, in township
20 36 North, and in Range 10 East of the Third Principal
21 Meridian, in Will County, Illinois, excepting therefrom
22 the following described tracts:
23 Exception 1: That part of said South half lying
24 Southwesterly of the Northeasterly right-of-way line of
25 the Elgin, Joliet and Eastern Railway Company, in Will
26 County, Illinois.
27 Exception 2: The West 200 feet of said South half,
28 in Will County, Illinois.
29 Exception 3: That part of the South half of the
30 Southeast Quarter of Section 30, Township 36 North, and
31 in Range 10 East of the Third Principal Meridian,
32 described as follows: Beginning at a point 250 feet East
33 of the West line of said South half of the Southeast
34 Quarter and 180.58 feet North of the South line of said
-907- LRB9111045EGfg
1 South half of the Southeast Quarter; thence North along a
2 line 250 feet East of and parallel with the West line of
3 said Southeast Quarter a distance of 1004.55 feet to a
4 point; thence Northwesterly along a diagonal line 65.85
5 feet to its intersection with a line drawn 200 feet East
6 of and parallel to the West line of said Southeast
7 Quarter, said point also being 100.75 feet South of the
8 North line of the South half of said Southeast Quarter,
9 as measured along said parallel line; thence South along
10 the last described parallel line a distance of 1045.02
11 feet to a point 50 feet West of the point of beginning
12 and 180.58 feet North of the South line of said Southeast
13 Quarter; thence East 50 feet to the point of beginning,
14 in Will County, Illinois.
15 Exception 4: Beginning at the Southeast corner of
16 the Southeast Quarter of Section 30, Township 36 North,
17 and in Range 10 East of the Third Principal Meridian,
18 thence Northerly along the East line of said Section for
19 a distance of 346.5 feet; thence Westerly along a line
20 346.5 feet distant from and parallel with the South line
21 of said Section for a distance of 297 feet; thence
22 Southerly along a line 297 feet distant from and parallel
23 with the East line of said Section for a distance of
24 346.5 feet to a point, said point being on the South line
25 of said Section; thence Easterly along said South line of
26 said Section 297 feet to the point of beginning, in Will
27 County, Illinois.
28 Exception 5: That part dedicated for highway
29 purposes in instrument recorded January 28, 1986 as
30 Document No. R86-03205 described as follows: That part of
31 the South half of the Southeast Quarter of Section 30,
32 Township 36 North, and in Range 10 East of the Third
33 Principal Meridian bounded and described as follows:
34 Beginning at the point of intersection of the
-908- LRB9111045EGfg
1 Northeasterly right-of-way line of the Elgin, Joliet and
2 Eastern Railway Company with the South line of said
3 Southeast Quarter, thence on an assumed bearing of North
4 90.00 degrees 00 minutes 00 seconds East along said South
5 line a distance of 288.02 feet; thence North 00 degrees
6 00 minutes 00 seconds East a distance of 33.0 feet;
7 thence North 86 degrees 25 minutes 22 seconds West a
8 distance of 352.57 feet to the Northeasterly right-of-way
9 line of said railway company; thence South 49 degrees 15
10 minutes 53 seconds East along said Northeasterly
11 right-of-way line, a distance of 84.28 feet to the point
12 of beginning, in Will County, Illinois.
13 Exception 6: The North 850 feet of the East 1025
14 feet of the South half of the Southeast Quarter of
15 Section 30, Township 36 North, and in Range 10 East of
16 the Third Principal Meridian, in Will County, Illinois.
17 (D) Temporary easement for purposes of initial
18 construction of the water or sewer, or both water and
19 sewer, lines in, along, through, and under the permanent
20 easement described in item (C). The temporary easement
21 herein shall arise on September 1, 1999 and shall cease
22 on August 31, 2001 and is legally described as follows:
23 The East 100 feet of the West 150 feet of the South
24 half of the Southeast Quarter of Section 30, in Township
25 36 North, and in Range 10 East of the Third Principal
26 Meridian, in Will County, Illinois, excepting therefrom
27 the following described tracts:
28 Exception 1: That part of said South half lying
29 Southwesterly of the Northeasterly right-of-way line of
30 the Elgin, Joliet and Eastern Railway Company, in Will
31 County, Illinois.
32 Exception 2: The West 200 feet of said South half,
33 in Will County, Illinois.
34 Exception 3: That part of the South half of the
-909- LRB9111045EGfg
1 Southeast Quarter of Section 30, Township 36 North, and
2 in Range 10 East of the Third Principal Meridian,
3 described as follows: Beginning at a point 250 feet East
4 of the West line of said South half of the Southeast
5 Quarter and 180.58 feet North of the South line of said
6 South half of the Southeast Quarter; thence North along a
7 line 250 feet East of and parallel with the West line of
8 said southeast Quarter a distance of 1004.55 feet to a
9 point; thence Northwesterly along a diagonal line 65.85
10 feet to its intersection with a line drawn 200 feet East
11 of and parallel to the West line of said Southeast
12 Quarter, said point also being 100.75 feet South of the
13 North line of the South half of said Southeast Quarter,
14 as measured along said parallel line; thence South along
15 the last described parallel line a distance of 1045.02
16 feet to a point 50 feet West of the point of beginning
17 and 180.58 feet North of the South line of said Southeast
18 Quarter; thence East 50 feet to the point of beginning,
19 in Will County, Illinois.
20 Exception 4: Beginning at the Southeast corner of
21 the Southeast Quarter of Section 30, Township 36 North,
22 and in Range 10 East of the Third Principal Meridian,
23 thence Northerly along the East line of said Section for
24 a distance of 346.5 feet; thence Westerly along a line
25 346.5 feet distant from and parallel with the South line
26 of said Section for a distance of 297 feet; thence
27 Southerly along a line 297 feet distant from and parallel
28 with the East line of said Section for a distance of
29 346.5 feet to a point, said point being on the South line
30 of said Section; thence Easterly along said South line of
31 said Section 297 feet to the point of beginning, in Will
32 County, Illinois.
33 Exception 5: That part dedicated for highway
34 purposes in instrument recorded January 28, 1986 as
-910- LRB9111045EGfg
1 Document No. R86-03205 described as follows: That part of
2 the South half of the Southeast Quarter of Section 30,
3 Township 36 North, and in Range 10 East of the Third
4 Principal Meridian bounded and described as follows:
5 Beginning at the point of intersection of the
6 Northeasterly right-of-way line of the Elgin, Joliet and
7 Eastern Railway Company with the South line of said
8 Southeast Quarter; thence on an assumed bearing of North
9 90.00 degrees 00 minutes 00 seconds East along said South
10 line a distance of 288.02 feet; thence North 00 degrees
11 00 minutes 00 seconds East a distance of 33.0 feet;
12 thence North 86 degrees 25 minutes 22 seconds West a
13 distance of 352.57 feet to the Northeasterly right-of-way
14 line of said railway company; thence South 49 degrees 15
15 minutes 53 seconds East along said Northeasterly
16 right-of-way line, a distance of 84.28 feet to the point
17 of beginning, in Will County, Illinois.
18 Exception 6: The North 850 feet of the East 1025
19 feet of the South half of the Southeast Quarter of
20 Section 30, Township 36 North, and in Range 10 East of
21 the Third Principal Meridian, in Will County, Illinois;
22 (96) for a period of 4 years after the effective date of
23 this amendatory Act of the 91st General Assembly, by the
24 Village of Palatine, for the acquisition of the following
25 described property for the purpose of revitalizing the
26 downtown business area:
27 Lots 1 through 3 in Block D of the Subdivision of the
28 North 24.60 acres in the NE 1/4 of the NE 1/4 of Section 22,
29 Township 42, Range 10 East of the Third Principal Meridian,
30 in Cook County, IL;
31 Property bounded by Bothwell Street, Railroad
32 right-of-way, Plum Grove Road and Chicago Avenue in the
33 Village of Palatine;
34 Lots 1 through 8 in Block K, of the Town of Palatine, a
-911- LRB9111045EGfg
1 subdivision of the West 16 2/3 acres of the South 31 acres of
2 the West 1/2 of the Southwest 1/4 of Section 14 and the
3 Southeast 24.12 acres of the South 31 acres of the East 1/2
4 of the Southeast 1/4 of Section 15, Township 42 North, Range
5 10, East of the Third Principal Meridian, Ante-Fire,
6 Re-recorded April 10, 1877 as Document 129579, in Cook
7 County, Illinois;
8 Property bounded by Wilson Street, Plum Grove Road, Slade
9 Street, Railroad right-of-way and Bothwell Street in the
10 Village of Palatine;
11 Lots 1 through 8 in Block 8 of the Subdivision of part of
12 the East 1/2 of the SE 1/4 Section, Ante-Fire, Re-recorded on
13 April 10, 1877 as Document Number 129579;
14 Lots 20 and 21 and the West 71.25 feet of Lot 24 of
15 Arthur T. McIntosh and Company's Palatine Farms, being a
16 subdivision of Section 16, Township 42, Range 10 East of the
17 Third Principal Meridian, in Cook County, IL, recorded on
18 June 16, 1919;
19 Lots 1 through 3 of Millin's Subdivision of the SE 1/4 of
20 Section 15, Township 42, Range 10 East of the Third
21 Principal Meridian, in Cook County, IL;
22 Property bounded by Colfax Street, Smith Street and
23 Millin's Subdivision of the SE 1/4 of Section 15, Township
24 42, Range 10 East of the Third Principal Meridian, in Cook
25 County, IL;
26 Property bounded by Wood Street, Brockway Street and
27 Railroad right-of-way in the Village of Palatine;
28 Lots 45 through 50 and 58 through 64 of Arthur T.
29 McIntosh and Company's Palatine Farms, being a subdivision of
30 Section 16, Township 42, Range 10 East of the Third Principal
31 Meridian, in Cook County, IL, recorded on June 16, 1919; and
32 Property bounded by Railroad right-of-way, Brockway Street
33 and Slade Street in the Village of Palatine.
34 (b) In a proceeding subject to this Section, the
-912- LRB9111045EGfg
1 plaintiff, at any time after the complaint has been filed and
2 before judgment is entered in the proceeding, may file a
3 written motion requesting that, immediately or at some
4 specified later date, the plaintiff either be vested with the
5 fee simple title (or such lesser estate, interest or
6 easement, as may be required) to the real property, or
7 specified portion thereof, which is the subject of the
8 proceeding, and be authorized to take possession of and use
9 such property; or only be authorized to take possession of
10 and to use such property, if such possession and use, without
11 the vesting of title, are sufficient to permit the plaintiff
12 to proceed with the project until the final ascertainment of
13 compensation; however, no land or interests therein now or
14 hereafter owned, leased, controlled or operated and used by,
15 or necessary for the actual operation of, any common carrier
16 engaged in interstate commerce, or any other public utility
17 subject to the jurisdiction of the Illinois Commerce
18 Commission, shall be taken or appropriated hereunder by the
19 State of Illinois, the Illinois Toll Highway Authority, the
20 sanitary district, the St. Louis Metropolitan Area Airport
21 Authority or the Board of Trustees of the University of
22 Illinois without first securing the approval of such
23 Commission.
24 Except as hereinafter stated, the motion for taking shall
25 state: (1) an accurate description of the property to which
26 the motion relates and the estate or interest sought to be
27 acquired therein; (2) the formally adopted schedule or plan
28 of operation for the execution of the plaintiff's project;
29 (3) the situation of the property to which the motion
30 relates, with respect to the schedule or plan; (4) the
31 necessity for taking such property in the manner requested in
32 the motion; and (5) if the property (except property
33 described in Section 3 of the Sports Stadium Act, or property
34 described as Site B in Section 2 of the Metropolitan Pier and
-913- LRB9111045EGfg
1 Exposition Authority Act) to be taken is owned, leased,
2 controlled or operated and used by, or necessary for the
3 actual operation of, any interstate common carrier or other
4 public utility subject to the jurisdiction of the Illinois
5 Commerce Commission, a statement to the effect that the
6 approval of such proposed taking has been secured from such
7 Commission, and attaching to such motion a certified copy of
8 the order of such Commission granting such approval. If the
9 schedule or plan of operation is not set forth fully in the
10 motion, a copy of such schedule or plan shall be attached to
11 the motion.
12 (Source: P.A. 90-6, eff. 6-3-97; 90-14, eff. 7-1-97; 90-232,
13 eff. 7-25-97; 90-370, eff. 8-14-97; 90-581, eff. 5-22-98;
14 90-655, eff. 7-30-98; 90-663, eff. 7-30-98; 91-357, eff.
15 7-29-99; 91-367, eff. 7-30-99; revised 8-17-99.)
16 (735 ILCS 5/7-103.48)
17 Sec. 7-103.48. Quick-take; MetroLink Light Rail System.
18 Quick-take proceedings under Section 7-103 may be used for a
19 period of 48 36 months after January 16, 1997, by the
20 Bi-State Development Agency of the Missouri-Illinois
21 Metropolitan District for the acquisition of rights of way
22 and related property necessary for the construction and
23 operation of the MetroLink Light Rail System, beginning in
24 East St. Louis, Illinois, and terminating at Mid America
25 Airport, St. Clair County, Illinois.
26 (Source: P.A. 91-357, eff. 7-29-99; 91-367, eff. 7-30-99;
27 revised 8-17-99.)
28 (735 ILCS 5/7-103.68)
29 Sec. 7-103.68. Quick-take; Village of Rosemont.
30 Quick-take proceedings under Section 7-103 may be used for a
31 period of 3 years after July 30, 1998, by the Village of
32 Rosemont for redevelopment purposes, including infrastructure
-914- LRB9111045EGfg
1 improvements, construction of streets, stormwater facilities,
2 and drainage areas, and flood plain improvements, for the
3 acquisition of property described as follows:
4 That part of the Northwest Quarter and that part of
5 the Southwest Quarter of Section 3, Township 40 North,
6 Range 12, East of the Third Principal Meridian, and being
7 more particularly described as follows:
8 Beginning at the point of intersection of the west
9 right-of-way line of River Road (as shown on the plat of
10 subdivision for Gerhart Huehl Estates Division per
11 document number 4572711) and the southerly line of Lot 7
12 in said Gerhart Huehl Estates Division; thence north 14
13 degrees 38 minutes 19 seconds west, along the aforesaid
14 west right-of-way of River Road, to the point of
15 intersection with a line drawn 490.0 feet south of and
16 parallel to the north line of Lot 3 in the said Gerhart
17 Huehl Estates Division; thence north 89 degrees 07
18 minutes 41 seconds west, along the previously described
19 parallel line 554.77 feet to the point, said point being
20 540.00 feet east of the easterly right-of-way line of
21 Schafer Court (Schafer Court being an unrecorded
22 roadway); thence, north 0 degrees 00 minutes 00 seconds
23 east, 284.12 feet to the point of intersection with south
24 line of the aforesaid Lot 3 (said south line also being
25 the north line of Lot 6 in Gerhart Huehl Estates
26 Division); thence north 89 degrees 04 minutes 45 seconds
27 west, along the said south line of Lot 3, 478.29 feet to
28 the point of intersection with the aforesaid easterly
29 right-of-way line of Schafer Court; thence south 12
30 degrees 16 minutes 34 seconds west, along the said
31 easterly right-of-way line, 312.83 feet; thence south 18
32 degrees 09 minutes 05 seconds west, continuing along the
33 said easterly right-of-way line, 308.16 feet to the point
34 of intersection with the northerly right-of-way line of
-915- LRB9111045EGfg
1 Higgins Road as dedicated per document number 11056708;
2 thence, north 66 degrees 43 minutes 09 seconds west along
3 said northerly right-of-way line of Higgins Road to the
4 easterly right-of-way of the Northwest Toll Road; thence
5 southerly along said easterly right-of-way of the
6 Northwest Toll Road to the southerly right-of-way of
7 Maple Avenue extended westerly; thence easterly along
8 said southerly right-of-way line of Maple Avenue
9 (recorded as Bock Avenue) to the easterly right-of-way
10 line of Gage Street; thence northerly along said easterly
11 right-of-way line of Gage Street to the southerly line of
12 Lot 2 in River Rose Subdivision Unit 2 per document
13 number 19594706; thence easterly along the southerly line
14 of said Lot 2 in River Rose Subdivision Unit Number 2 and
15 said southerly line extended easterly to the easterly
16 right-of-way line of Glen Lake Drive (as dedicated in
17 River Rose Subdivision per Document Number 19352146 and
18 dedicated as Willow Creek Drive); thence southwesterly
19 along said easterly right-of-way line to the northwest
20 corner of Lot 1 in said River Rose Subdivision; thence
21 south 59 degrees 08 minutes 47 seconds east, along the
22 northerly lines of Lots 1 through 13 (both inclusive) in
23 the said River Rose subdivision, 757.48 feet to the most
24 northeasterly corner of said Lot 13; thence south 11
25 degrees 05 minutes 25 seconds west, along the easterly
26 line of said lot 13 in said River Rose Subdivision, 14.08
27 feet to the northerly line of Glen J. Nixon's subdivision
28 as per document 19753046; thence easterly along said
29 northerly line, 237.43 feet to the westerly right-of-way
30 of said Des Plaines River Road;
31 Thence southerly along said westerly right-of-way of
32 Des Plaines River Road to the southerly line of the
33 Northerly 90 feet of Lot 2 in said Glen J. Nixon's
34 subdivision; thence westerly along said southerly line to
-916- LRB9111045EGfg
1 the westerly line of said Glen J. Nixon's subdivision;
2 thence southerly along the said westerly line of Glen J.
3 Nixon's subdivision to the southerly right-of-way of an
4 unrecorded roadway; thence south 70 degrees 43 minutes 16
5 seconds west, along the southerly line of the unrecorded
6 roadway, 108.23 feet; thence continuing along the
7 southerly right-of-way of the unrecorded roadway, 95.34
8 feet along an arc of a circle whose radius is 110.00 feet
9 and being convex to the south; thence north 56 degrees 32
10 minutes 25 seconds west, continuing along the southerly
11 right-of-way of the said unrecorded roadway, 216.00 feet
12 to the southwest corner of said Glen Lake Drive as
13 dedicated in the aforesaid River Rose subdivision; thence
14 north 59 degrees 10 minutes 12 seconds west, along the
15 southerly right-of-way of said Glen Lake Drive, 327.48
16 feet, to the point of intersection with east line of Lot
17 8 in Block 1 in Higgins Road Ranchettes Subdivision per
18 Document Number 13820089; thence northerly along the east
19 line of said Lot 8, 97.24 feet to a point; said point
20 being 66.00 feet south of the northeast corner of said
21 Lot 8; thence north 89 degrees 36 minutes 54 seconds
22 west, along a line which is 66.00 feet south of and
23 parallel to the north line of Lots 3, 4, 5, 6, 7, and 8
24 in said Higgins Road Ranchettes Subdivision (said
25 parallel line also being the south line of an unrecorded
26 street known as Glenlake Street), 621.61 feet to the
27 point of intersection with the northeasterly right-of-way
28 line of Toll Road; the next four courses being along the
29 said northeasterly right-of-way line of the Toll Road;
30 thence south 21 degrees 28 minutes 12 seconds east,
31 219.81 feet; thence south 34 degrees 29 minutes 34
32 seconds east, 261.77 feet; thence south 52 degrees 02
33 minutes 04 seconds east, 114.21 feet; thence south 52
34 degrees 07 minutes 21 seconds east to the westerly line
-917- LRB9111045EGfg
1 (extended northerly) of Lots 83 through 87 inclusive in
2 Frederick H. Bartlett's River View Estates recorded as
3 Document Number 853426 in Cook County; thence southerly
4 along said westerly line to the southerly right-of-way
5 line of Thorndale Avenue; thence easterly along said
6 southerly right-of-way line of Thorndale Avenue 14.65
7 feet; thence southerly along a line parallel with the
8 said westerly line of Lots 83 through 87 inclusive and
9 14.38 feet easterly, 139.45 feet; thence southwesterly
10 along a line which ends in the southerly line of said Lot
11 84 extended westerly, 85.35 feet westerly from the
12 southwest corner of said Lot 84; thence easterly along
13 said southerly line to the westerly right-of-way of Des
14 Plaines River Road; thence northerly along said westerly
15 right-of-way line to the said northerly line of the Toll
16 Road; thence south 52 degrees 07 minutes 21 seconds east,
17 along said right-of-way to the centerline of said Des
18 Plaines River Road; thence south 11 degrees 06 minutes 48
19 seconds west, along said centerline, 1.47 feet; thence
20 south 55 degrees 56 minutes 09 seconds east, continuing
21 along the said northeasterly right-of-way line of the
22 Toll Road (said line also being the south line of Lot 1
23 in Rosemont Industrial Center per Document Number
24 20066369), 411.98 feet; thence south 61 degrees 51
25 minutes 06 seconds east, continuing along the said
26 northeasterly right-of-way line of the Toll Road (said
27 line also being along the south line of Lots 1, 2, and 5
28 in said Rosemont Industrial Center), 599.13 feet to the
29 southeast corner of said Lot 5; thence north 12 degrees
30 45 minutes 47 seconds east, along the east lines of Lots
31 3 and 5 in said Rosemont Industrial Center, 424.40 feet;
32 thence north 33 degrees 51 minutes 39 seconds east, along
33 the east lines of Lots 3 and 4 in the said Rosemont
34 Industrial Center, 241.42 feet to the northeast corner of
-918- LRB9111045EGfg
1 said Lot 4; thence north 33 degrees 51 minutes 40 seconds
2 east, 189.38 feet to the center of said Section 3; thence
3 north 2 degrees 42 minutes 55 seconds east, along the
4 east line of the northwest quarter of said Section 3,
5 375.90 feet to the point of intersection with the south
6 line of Higgins Road, as widened per Document Number
7 11045055; the next three courses being along the said
8 south right-of-way line of Higgins Road; thence north 64
9 degrees 30 minutes 51 seconds west, 53.65 feet; thence
10 northwesterly, 436.47 feet along an arc of a circle whose
11 radius is 1,482.69 feet and being convex to the
12 southwest; thence north 47 degrees 57 minutes 51 seconds
13 west, 73.57 feet; thence northeasterly, along an arc of a
14 circle whose radius is 5,679.65 feet and being convex to
15 the northeast, to a point of intersection of said
16 southerly right-of-way of Higgins Road and the
17 southeasterly line of the land conveyed to James H. Lomax
18 by Document Number 1444990; thence northeasterly along
19 said southeasterly line extended, 197 feet to the center
20 line of the Des Plaines River; thence north 49 degrees 11
21 minutes 20 seconds west 325.90 feet; thence continuing in
22 the said center line of the Des Plaines River, north 27
23 degrees 56 minutes 17 seconds west 370.53 feet; thence
24 north 12 degrees 10 minutes 40 seconds east, 16.0 feet;
25 thence southwesterly along said southeasterly line of Lot
26 7 extended in Gerhart Huehl Estates Division, to said
27 place of beginning;
28 Plus,
29 That part of the West half of the Northwest quarter
30 of Section 3, Township 40 North, Range 12 East of the
31 Third Principal Meridian, in Cook County, Illinois,
32 described as follows:
33 Beginning at the intersection of the South line of
34 Devon Avenue with the East line of Shafer Court being a
-919- LRB9111045EGfg
1 point 281.01 feet East of the West line of the
2 aforementioned West half of the Northwest quarter of
3 Section 33; thence Southerly along the East line of said
4 Shafer Court, 193.91 feet to the South line of Lot 3 in
5 Gerhart Huehl Estate Division according to the plat
6 thereof recorded June 3, 1910, as Document 4572711, being
7 a point 241.74 feet East of the aforementioned West half
8 of the Northwest quarter of Section 33; thence East along
9 the South line of said Lot 3, a distance of 508.5 feet to
10 a point 487.69 feet West of the centerline of River Road;
11 thence continuing easterly along the last described line
12 as extended to the west line of River Road; thence
13 northerly along the west line of River Road to the South
14 line of Devon Avenue; thence westerly along the south
15 line of Devon Avenue to the point of beginning;
16 Plus,
17 That part of the Southwest quarter of Section 3,
18 Township 40 North, Range 12 East of the Third Principal
19 Meridian, in Cook County, Illinois, described as follows:
20 Beginning at the Southeast corner of Rosemont
21 Industrial Center, being a subdivision recorded February
22 17, 1967 as Document 20066369; thence Northwesterly along
23 the South line of Rosemont Industrial Center aforesaid,
24 and said South line extended to the Westerly line of
25 River Road to the South; thence Southwesterly along said
26 Westerly line, to the North line of Interstate 290;
27 thence Easterly along said North line, to the West line
28 of property owned by the Forest Preserve; thence along
29 and then Northerly along the irregular West line of
30 property owned by the Forest Preserve and extended across
31 the Interstate 290 right-of-way, to the point of
32 beginning;
33 Plus,
34 The Northerly 90 feet of Lot 2 in Glen J. Nixon's
-920- LRB9111045EGfg
1 Subdivision of part of Lot 15 in Assessor's Division of
2 part of Section 3, Township 40 North, Range 12, East of
3 the Third Principal Meridian, according to the plat
4 thereof recorded March 1, 1966 as Document 19753046, in
5 Cook County, Illinois, (except therefrom that part used
6 for River Road), all in Cook County.
7 PLUS,
8 THAT PART OF THE NORTHWEST QUARTER OF SECTION 3
9 TOWNSHIP 40 NORTH, RANGE 12, EAST OF THE THIRD PRINCIPAL
10 MERIDIAN, AND BEING MORE PARTICULARLY DESCRIBED AS
11 FOLLOWS:
12 BEGINNING AT THE POINT OF INTERSECTION OF THE
13 EASTERLY RIGHT-OF-WAY LINE OF THE NORTHWEST TOLL ROAD AND
14 THE SOUTHERLY RIGHT-OF-WAY LINE OF MAPLE AVENUE EXTENDED
15 WESTERLY; THENCE EASTERLY ALONG SAID SOUTHERLY
16 RIGHT-OF-WAY LINE OF MAPLE AVENUE (RECORDED AS BOCK
17 AVENUE) TO THE EASTERLY RIGHT-OF-WAY LINE OF GAGE STREET;
18 THENCE NORTHERLY ALONG SAID EASTERLY RIGHT-OF-WAY LINE OF
19 GAGE STREET TO THE SOUTHERLY LINE OF LOT 2 IN RIVER ROSE
20 SUBDIVISION UNIT 2 PER DOCUMENT NUMBER 19594706; THENCE
21 EASTERLY ALONG THE SOUTHERLY LINE OF SAID LOT 2 IN RIVER
22 ROSE SUBDIVISION UNIT NUMBER 2 AND SAID SOUTHERLY LINE
23 EXTENDED EASTERLY TO THE EASTERLY RIGHT-OF-WAY LINE OF
24 GLEN LAKE DRIVE (AS DEDICATED IN RIVER ROSE SUBDIVISION
25 PER DOCUMENT NUMBER 19352146 AND DEDICATED AS WILLOW
26 CREEK DRIVE); THENCE SOUTHWESTERLY ALONG SAID EASTERLY
27 RIGHT-OF-WAY LINE TO THE NORTHWEST CORNER OF LOT 1 IN
28 SAID RIVER ROSE SUBDIVISION; THENCE SOUTHEASTERLY ALONG
29 THE NORTHERLY LINE OF SAID LOT 1 IN SAID RIVER ROSE
30 SUBDIVISION, 86.0 FEET TO THE NORTHEAST CORNER OF SAID
31 LOT 1; THENCE SOUTHWESTERLY ALONG THE EASTERLY LINE OF
32 SAID LOT 1, 120.0 FEET TO THE SOUTHEAST CORNER OF SAID
33 LOT 1; THENCE NORTHWESTERLY ALONG THE SOUTHERLY LINE OF
34 SAID LOT 1 AND THE NORTHERLY RIGHT-OF-WAY LINE OF RIVER
-921- LRB9111045EGfg
1 ROSE STREET (AS DEDICATED IN RIVER ROSE SUBDIVISION PER
2 DOCUMENT NUMBER 19352146), 34.3 FEET TO THE INTERSECTION
3 OF THE NORTHERLY RIGHT-OF-WAY LINE OF SAID RIVER ROSE
4 STREET AND THE EASTERLY LINE OF SAID WILLOW CREEK DRIVE,
5 ALSO BEING THE SOUTHWEST CORNER OF SAID LOT 1; THENCE
6 SOUTHEASTERLY ALONG THE EASTERLY RIGHT-OF-WAY LINE OF
7 SAID WILLOW CREEK DRIVE TO THE MOST SOUTHWESTERLY CORNER
8 OF LOT 27 IN SAID RIVER ROSE SUBDIVISION; THENCE
9 SOUTHWESTERLY TO THE INTERSECTION OF THE NORTHWESTERLY
10 CORNER OF LOT "B" IN SAID RIVER ROSE SUBDIVISION WITH THE
11 EAST LOT LINE OF LOT 8 IN BLOCK 1 IN HIGGINS ROAD
12 RANCHETTES SUBDIVISION PER DOCUMENT NUMBER 13820089;
13 THENCE NORTHERLY ALONG THE EAST LINE OF SAID LOT 8, 97.24
14 FEET TO A POINT; SAID POINT BEING 66.00 FEET SOUTH OF THE
15 NORTHEAST CORNER OF SAID LOT 8; THENCE WESTERLY, ALONG A
16 LINE WHICH IS 66.00 FEET SOUTH OF AND PARALLEL TO THE
17 NORTH LINE OF LOTS 3, 4, 5, 6, 7, AND 8 IN SAID HIGGINS
18 ROAD RANCHETTES SUBDIVISION AND THEN WESTERLY THEREOF
19 (SAID PARALLEL LINE ALSO BEING THE SOUTH LINE OF AN
20 UNRECORDED STREET KNOWN AS GLENLAKE STREET), TO THE POINT
21 OF INTERSECTION WITH THE EASTERLY RIGHT-OF-WAY LINE OF
22 THE AFORESAID NORTHWEST TOLL ROAD; THENCE NORTHWESTERLY
23 ALONG THE EASTERLY RIGHT-OF-WAY LINE OF SAID NORTHWEST
24 TOLL ROAD TO THE POINT OF BEGINNING;
25 AREA 1:
26 That part of the South West Quarter of Section 33,
27 Township 41 North, Range 12 East of the third Principal
28 Meridian, lying North of a line 575 feet north (measured
29 at 90 degrees) of the South line of said South West
30 Quarter, lying West of a line 451.45 feet East (measured
31 at 90 degrees) of the West line of said South West
32 Quarter and South of the center line of Higgins Road
33 (except parts taken or used for highway purposes,
34 including the land taken by condemnation in Case No. 65 L
-922- LRB9111045EGfg
1 8179 Circuit Court of Cook County, Illinois, described as
2 follows: That part of the South West Quarter of Section
3 33, Township 41 North, Range 12 East of the Third
4 Principal Meridian, bounded and described as follows:
5 Beginning at a point of intersection of the center line
6 of Higgins Road, as now located and established with the
7 West line of the South West Quarter of said Section 33;
8 thence South along said West line of the South West
9 Quarter of said Section, a distance of 560.2 feet to a
10 point in the North line of the South 575.0 feet of said
11 South West Quarter of said Section 33; thence East along
12 said North line of the South 575.0 feet of the South West
13 Quarter of said Section 33, a distance of 45.0 feet to a
14 point; thence Northeasterly in a straight line a distance
15 of 179.27 feet to a point, distance 50.0 feet East,
16 measured at right angles from the West line of the South
17 West Quarter of said Section 33; thence Northeasterly in
18 a straight line a distance of 187.38 feet to a point,
19 distant 62.0 feet East, measured at right angles from
20 said West line of the South West Quarter of said Section
21 33; thence North parallel with the said West line of the
22 South West Quarter of said Section 33 a distance of 44.74
23 feet to a point of curvature; thence Northeasterly along
24 a curved line, concave to the Southeast, having a radius
25 of 50.0 feet and a central angle of 107 degrees 28
26 minutes, a distance of 93.73 feet to a point of tangency,
27 distant 50.0 feet Southwest measured at right angles from
28 the center line of Higgins Road; thence Southeasterly
29 parallel with the center line of Higgins Road, a distance
30 of 345.09 feet to a point on a line distant, 16.0 feet
31 west of the east line of the west 467.34 feet of the
32 South West Quarter of said Section 33; thence North in a
33 straight line a distance of 58.71 feet to a point on said
34 center line of Higgins Road; thence Northwesterly along
-923- LRB9111045EGfg
1 said center line of Higgins Road a distance of 478.23
2 feet to the place of beginning) in Cook County, Illinois.
3 AREA 2:
4 That part of the South West 1/4 of Section 33,
5 Township 41 North, Range 12, East of the Third Principal
6 Meridian, lying West of the West Right of Way Line of the
7 Minneapolis, St. Paul and Sault Ste. Marie Railroad
8 (formerly the Chicago and Wisconsin Railroad) and South
9 of the center line of Higgins Road (except therefrom the
10 South 200 feet of the West 467.84 feet of said South West
11 1/4 and also excepting therefrom that part of said South
12 West 1/4 lying North of the North line of the South 575
13 feet of said South West 1/4 and West of a line 16 feet
14 West of and parallel with the West line of the Tract of
15 land described in a Deed dated May 22, 1929, and recorded
16 July 9, 1929, as Document Number 10422646 (the Tract
17 described in said Deed being the East 10 acres of that
18 part of the South West 1/4 of Section 33, Township 41
19 North, Range 12, East of the Third Principal Meridian,
20 lying South of the Center line of Higgins Road and West
21 of the West line extended North to the center of said
22 Higgins Road of the East 20.62 chains of the North West
23 1/4 of Section 4, Township 40 North, Range 12, East of
24 the Third Principal Meridian (excepting therefrom the
25 right of way of the Minneapolis, St. Paul and Sault Ste.
26 Marie Railroad, formerly the Chicago and Wisconsin
27 Railroad) and also excepting the South 50 feet of the
28 said South West 1/4 lying East of the West 467.84 feet
29 thereof) and also excepting that portion of the land
30 condemned for the widening of Higgins Road and Mannheim
31 Road in Case Number 65 L7109, in Cook County, Illinois.
32 AREA 3:
33 The North 150 feet of the South 200 feet of that
34 part of the South West 1/4 of Section 33, Township 41
-924- LRB9111045EGfg
1 North, Range 12 East of the Third Principal Meridian
2 (except the East 10 acres conveyed by George
3 Deamantopulas and others, to Krowka by Document 10422646)
4 lying South of the Center of Higgins Road (so called) and
5 West of the West line extended North to center of Higgins
6 Road of East 20.62 chains in the North West 1/4 of
7 Section 4, Township 40 North, Range 12 East of the Third
8 Principal Meridian (except the Right of Way of Chicago
9 and Wisconsin Railroad) in Cook County, Illinois.
10 AREA 4:
11 That part of the Southwest quarter of Section 33,
12 Township 41 North, Range 12 East of the Third Principal
13 Meridian, in Cook County, Illinois, described as follows:
14 Beginning at the intersection of the South line of
15 the Southwest quarter of Section 33 aforesaid with the
16 West line, extended South, of Lot 7 in Frederick H.
17 Bartlett's Higgins Road Farms, being a subdivision
18 recorded December 8, 1938 as Document 12246559; thence
19 North along the aforementioned West line of Lot 7, to the
20 center line of Higgins Road; thence Westerly along the
21 center line of Higgins Road, to the Westerly right-of-way
22 line of the Minneapolis, St. Paul and Sault Ste. Marie
23 Railroad; thence Southerly along said Westerly
24 right-of-way line, to the South line of the Southwest
25 quarter of Section 33 aforesaid; thence East along said
26 South line to the point of beginning.
27 Area 5
28 The North 195.00 feet of the west 365.67 feet of the
29 West 1/2 of the Northeast 1/4 of Section 4, Township 40
30 North, Range 12 East of the Third Principal Meridian.
31 And also
32 The north 50.00 feet of the East 1/2 of the
33 Northwest 1/4 of said Section 4 (except that part lying
34 westerly of the easterly right-of-way line of the
-925- LRB9111045EGfg
1 Wisconsin Central Railroad, formerly known as the
2 Minneapolis, St. Paul and Sault Ste. Marie Railroad), the
3 east 40.00 feet of the north 195.00 feet except the north
4 50.00 feet thereof of said East 1/2, and all that part of
5 said East 1/2 described as follows: Beginning at the
6 northwest corner of Origer and Davis' Addition to
7 Rosemont, being a subdivision of part of said 1/4 Section
8 according to the plat thereof recorded May 27, 1963 as
9 Document Number 18807143, in Cook County, Illinois;
10 thence westerly along the northerly line of said
11 Subdivision extended westerly to said easterly Railroad
12 right-of-way line; thence northwesterly along said
13 right-of-way line to the southerly line of north 50.00
14 feet of said 1/4 Section; thence easterly along said
15 southerly line to the easterly right-of-way line of
16 Kirschoff Avenue; thence southerly along said
17 right-of-way line to its intersection with the southerly
18 line of Schullo's Resubdivision extended easterly, said
19 Resubdivision being a Resubdivision of part of said 1/4
20 section according to the plat thereof recorded June 17,
21 1960 as Document Number 17885160 in Cook County,
22 Illinois; thence westerly along said southerly line
23 extended and said southerly line to the southwest corner
24 of said Resubdivision; thence northwesterly along the
25 westerly line of said Resubdivision to the northwest
26 corner thereof; thence westerly along the northerly line
27 of said Resubdivision extended westerly to a line
28 parallel with and 40.00 feet easterly of the easterly
29 right-of-way line of said Railroad; thence northwesterly
30 along said parallel line to said point of beginning.
31 And also
32 That part of the Southwest 1/4 of Section 33,
33 Township 41 North, Range 12 East of the Third Principal
34 Meridian lying southerly of the centerline of Higgins
-926- LRB9111045EGfg
1 Road and easterly of a north line parallel to the south
2 line of said 1/4 Section, beginning 565.84 feet west of
3 the northeast corner of the Northwest 1/4 of Section 4,
4 Township 40 North, Range 12 East of the Third Principal
5 Meridian all in Cook County, Illinois.
6 That part of the Southwest quarter of Section 3, the
7 Southeast quarter of Section 4, the Northeast quarter of
8 Section 9, and the Northwest quarter of Section 10,
9 Township 40 North, Range 12 East of the Third Principal
10 Meridian, in the Village of Rosemont, Cook County,
11 Illinois, described as follows:
12 Beginning in the West half of the Northeast quarter
13 of Section 9 aforesaid, at the intersection of the South
14 line of 61st Street with the Easterly right of way line
15 of the Minneapolis, St. Paul and Sault Ste. Marie
16 Railroad right-of-way; thence East along the South line
17 of 61st Street and its Easterly extension, to the East
18 line of Pearl Street; thence North along the East line of
19 Pearl Street to the South line of 62nd Street; thence
20 East along the South line of 62nd Street to the Westerly
21 right-of-way line of the Illinois State Toll Road; thence
22 Southerly along the Westerly right-of-way line of the
23 Toll Road to a point on a Westerly extension of the South
24 line of Allen Avenue; thence East along said Westerly
25 extension, and along the South line of Allen Avenue to
26 the West line of Otto Avenue; thence South along the West
27 line of Otto Avenue to a point on a Westerly extension of
28 the North line of the South 30 feet of Lot 12 in First
29 Addition to B.L. Carlsen's Industrial Subdivision, being
30 a Resubdivision in the Northeast quarter of Section 9
31 aforesaid, according to the plat thereof recorded March
32 5, 1962 as Document 18416079; thence East along said
33 Westerly extension, and along the aforementioned North
34 line of the South 30 feet of Lot 12, to the East line of
-927- LRB9111045EGfg
1 Lot 12; thence North along the East line of Lot 12, being
2 also the East line of the Northeast quarter of Section 9,
3 to the North line of Owner's Division of parts of Lots 4
4 and 5 of Henry Hachmeister's Division, in the Northwest
5 quarter of Section 10, aforesaid, according to the plat
6 thereof recorded April 25, 1949 as Document 14539019;
7 thence East along the North line of said Owner's Division
8 to the West line of Lot 3 in said Owner's Division;
9 thence South along the West line of Lot 3 to the
10 Southwest corner thereof; thence East along the South
11 line of Lot 3 to the Northwest corner of Lot 4 in said
12 Owner's Division; thence South along the West line of Lot
13 4 to the Southwest corner thereof; thence East along the
14 South line of Lot 4, and said South line extended
15 Easterly, to the Easterly right of way line of River
16 Road; thence Northerly along the Easterly line of River
17 Road to the South line of Crossroads Industrial Park,
18 being a Subdivision in the Northwest quarter of Section
19 10 aforesaid, according to the plat thereof recorded
20 August 8, 1957 as Document 16980725; thence East along
21 the South line of said Crossroads Industrial Park to the
22 Southeast corner thereof; thence Northeasterly along the
23 Easterly line of said Crossroads Industrial Park, and
24 said Easterly line extended, to the North line of Bryn
25 Mawr Avenue, in the Southwest quarter of Section 3
26 aforesaid; thence Northerly along the Westerly line of
27 the Forest Preserve District of Cook County, to the
28 Southerly right-of-way line of the Kennedy Expressway,
29 thence west along and following the southerly
30 right-of-way line of the Kennedy Expressway to the
31 Easterly right-of-way line of the Minneapolis, St. Paul,
32 and Sault Ste. Marie Railroad right-of-way; thence
33 Southeasterly along said Easterly right-of-way line to
34 the point of beginning;
-928- LRB9111045EGfg
1 AND ALSO, THAT PART OF THE NORTHEAST QUARTER OF
2 SECTION 9 AND THE NORTHWEST QUARTER OF SECTION 10,
3 TOWNSHIP 40 NORTH, RANGE 12 EAST OF THE THIRD PRINCIPAL
4 MERIDIAN, IN THE VILLAGE OF ROSEMONT, COOK COUNTY,
5 ILLINOIS, DESCRIBED AS FOLLOWS:
6 BEGINNING IN THE WEST HALF OF THE NORTHEAST QUARTER
7 OF SECTION 9 AFORESAID, AT THE INTERSECTION OF THE SOUTH
8 LINE OF 61ST STREET WITH THE EASTERLY RIGHT-OF-WAY LINE
9 OF THE MINNEAPOLIS, ST. PAUL AND ST. STE. MARIE RAILROAD
10 RIGHT-OF-WAY; THENCE EAST ALONG THE SOUTH LINE OF 61ST
11 STREET AND ITS EASTERLY EXTENSION, TO THE EAST LINE OF
12 PEARL STREET; THENCE NORTH ALONG THE EAST LINE OF PEARL
13 STREET TO THE SOUTH LINE OF 62ND STREET; THENCE EAST
14 ALONG THE SOUTH LINE OF 62ND STREET TO THE WESTERLY
15 RIGHT-OF-WAY LINE OF THE ILLINOIS STATE TOLL ROAD; THENCE
16 SOUTHERLY, ALONG THE WESTERLY RIGHT-OF-WAY LINE OF THE
17 TOLL ROAD TO A POINT ON A WESTERLY EXTENSION OF THE SOUTH
18 LINE OF ALLEN AVENUE; THENCE EAST ALONG SAID WESTERLY
19 EXTENSION, AND ALONG THE SOUTH LINE OF ALLEN AVENUE TO
20 THE WEST LINE OF OTTO AVENUE; THENCE SOUTH ALONG THE WEST
21 LINE OF OTTO AVENUE TO A POINT ON A WESTERLY EXTENSION
22 OF THE NORTH LINE OF THE SOUTH 30 FEET OF LOT 12 IN FIRST
23 ADDITION TO B.L. CARLSEN'S INDUSTRIAL SUBDIVISION, BEING
24 A RESUBDIVISION IN THE NORTHEAST QUARTER OF SECTION 9
25 AFORESAID, ACCORDING TO THE PLAT THEREOF RECORDED MARCH
26 5, 1962 AS DOCUMENT 18416079; THENCE EAST ALONG SAID
27 WESTERLY EXTENSION, AND ALONG THE AFOREMENTIONED NORTH
28 LINE OF THE SOUTH 30 FEET OF LOT 12, TO THE EAST LINE OF
29 LOT 12; THENCE NORTH ALONG THE EAST LINE OF LOT 12, BEING
30 ALSO THE EAST LINE OF THE NORTHEAST QUARTER OF SECTION 9,
31 TO THE NORTH LINE OF OWNER'S DIVISION OF PARTS OF LOTS 4
32 AND 5 OF HENRY HACHMEISTER'S DIVISION, IN THE NORTHWEST
33 QUARTER OF SECTION 10, AFORESAID, ACCORDING TO THE PLAT
34 THEREOF RECORDED APRIL 25, 1949 AS DOCUMENT 14539019;
-929- LRB9111045EGfg
1 THENCE EAST ALONG THE NORTH LINE OF SAID OWNER'S DIVISION
2 TO THE WEST LINE OF LOT 3 IN SAID OWNER'S DIVISION;
3 THENCE SOUTH ALONG THE WEST LINE OF LOT 3 TO THE
4 SOUTHWEST CORNER THEREOF; THENCE EAST ALONG THE SOUTH
5 LINE OF LOT 3 TO THE NORTHWEST CORNER OF LOT 4 IN SAID
6 OWNER'S SUBDIVISION; THENCE SOUTH ALONG THE WEST LINE OF
7 LOT 4 TO THE SOUTHWEST CORNER THEREOF; THENCE EAST ALONG
8 THE SOUTH LINE OF LOT 4, AND SAID SOUTH LINE EXTENDED
9 EASTERLY, TO THE EASTERLY RIGHT-OF-WAY LINE OF RIVER
10 ROAD; THENCE SOUTHEASTERLY ALONG THE EASTERLY
11 RIGHT-OF-WAY LINE OF SAID RIVER ROAD TO A POINT BEING
12 198.00 FEET NORTH OF AND PARALLEL TO THE SOUTH LINE OF
13 LOT 5 EXTENDED EASTERLY, IN HENRY HACHMEISTER'S DIVISION
14 PER DOCUMENT NUMBER 4183101; THENCE WESTERLY, ALONG A
15 LINE WHICH IS 198.00 FEET NORTH OF AND PARALLEL TO THE
16 SOUTH LINE OF SAID LOT 5 IN HENRY HACHMEISTER'S DIVISION,
17 TO THE NORTHWEST CORNER OF LOT 6 IN B.L. CARLSEN'S
18 INDUSTRIAL SUBDIVISION PER DOCUMENT NUMBER 1925132;
19 THENCE NORTHERLY TO A POINT BEING THE NORTHEAST CORNER OF
20 A PARCEL BEING DESCRIBED PER DOCUMENT T1862127, SAID
21 POINT BEING 293.73 FEET NORTH OF AND PARALLEL TO THE
22 SOUTH LINE OF SAID LOT 5 IN HENRY HACHMEISTER'S DIVISION;
23 THENCE WESTERLY ALONG A LINE, 293.73 FEET NORTH OF AND
24 PARALLEL TO THE SOUTH LINE OF SAID LOT 5, 91.50 FEET TO
25 THE NORTHWEST CORNER OF SAID PARCEL PER DOCUMENT
26 T1862127; THENCE SOUTHERLY ALONG A LINE BEING THE EAST
27 LINE OF THE WEST 200.00 FEET OF SAID LOT 5, 71.88 FEET TO
28 THE SOUTHEAST CORNER OF A PARCEL BEING DESCRIBED PER
29 DOCUMENT T2257298; THENCE WESTERLY ALONG THE SOUTH LINE
30 AND THE SOUTH LINE EXTENDED WESTERLY OF SAID PARCEL, 233
31 FEET TO THE POINT OF INTERSECTION WITH THE WEST LINE OF
32 MICHIGAN AVENUE RIGHT-OF-WAY; THENCE NORTHERLY ALONG SAID
33 WEST RIGHT-OF-WAY LINE OF MICHIGAN AVENUE TO THE
34 NORTHEAST CORNER OF LOT 1, BLOCK 12 IN J. TAYLOR'S ADD.
-930- LRB9111045EGfg
1 TO FAIRVIEW HEIGHTS PER DOCUMENT NUMBER 1876526, SAID
2 POINT ALSO BEING ON THE SOUTH RIGHT-OF-WAY LINE OF 60TH
3 STREET; THENCE WESTERLY ALONG SAID SOUTH RIGHT-OF-WAY
4 LINE OF 60TH STREET TO A POINT OF INTERSECTION WITH THE
5 EASTERLY RIGHT-OF-WAY LINE OF THE AFORESAID MINNEAPOLIS,
6 ST. PAUL AND ST. STE. MARIE RAILROAD RIGHT-OF-WAY; THENCE
7 NORTHWESTERLY ALONG SAID EASTERLY RIGHT-OF-WAY LINE TO
8 THE POINT OF BEGINNING.
9 (Source: P.A. 91-357, eff. 7-29-99; 91-367, eff. 7-30-99;
10 revised 8-17-99.)
11 (735 ILCS 5/7-103.71 new)
12 Sec. 7-103.71. Quick-take; Village of Franklin Park.
13 Quick-take proceedings under Section 7-103 may be used for a
14 period of 3 years after December 1, 1998, by the Village of
15 Franklin Park, for the redevelopment of blighted areas, for
16 the acquisition of property within the area legally described
17 as:
18 BEGINNING AT THE NORTHEAST CORNER OF SAID TRACT NO.
19 2 (SAID CORNER BEING 50.0 FEET WEST OF THE CENTERLINE OF
20 MANNHEIM ROAD); THENCE SOUTH ALONG THE EAST LINE OF SAID
21 TRACT NO. 2, A DISTANCE OF 305.46 FEET; THENCE WEST,
22 PARALLEL WITH THE NORTH LINE OF SAID TRACT NO. 2, A
23 DISTANCE OF 175.0 FEET; THENCE SOUTH, PARALLEL WITH THE
24 EAST LINE OF SAID TRACT NO. 2, A DISTANCE OF 164.46 FEET
25 TO THE SOUTHERLY LINE OF SAID TRACT NO. 2 (SAID LINE
26 BEING 50.0 FEET NORTHERLY OF THE CENTERLINE OF GRAND
27 AVENUE); THENCE WESTERLY ALONG SAID LINE, 672.75 FEET;
28 THENCE NORTH ALONG A LINE THAT IS 227.30 FEET EAST OF (AS
29 MEASURED AT RIGHT ANGLES) AND PARALLEL WITH THE EAST LINE
30 OF MIKE LATORIA SR. INDUSTRIAL SUBDIVISION, 429.87 FEET
31 TO THE NORTH LINE OF SAID TRACT NO. 2; THENCE EAST ALONG
32 SAID NORTH LINE, 845.71 FEET TO THE POINT OF BEGINNING,
33 IN OWNER'S DIVISION OF THAT PART OF THE EAST HALF OF THE
-931- LRB9111045EGfg
1 NORTHEAST QUARTER OF SECTION 29, TOWNSHIP 40 NORTH, RANGE
2 12 EAST OF THE THIRD PRINCIPAL MERIDIAN, ACCORDING TO THE
3 PLAT THEREOF RECORDED AUGUST 16, 1929 AS DOCUMENT
4 10456788 AND FILED IN THE REGISTRAR'S OFFICE ON AUGUST
5 23, 1929 AS DOCUMENT LR474993, IN COOK COUNTY, ILLINOIS.
6 (Source: P.A. 91-367, eff. 7-30-99; revised 8-16-99.)
7 (735 ILCS 5/7-103.72 new)
8 Sec. 7-103.72. Quick-take; Village of Franklin Park.
9 Quick-take proceedings under Section 7-103 may be used for a
10 period of 3 years after December 1, 1998, by the Village of
11 Franklin Park, for the redevelopment of blighted areas, for
12 the acquisition of the property legally described as:
13 Lots 19, 20, 21, 22, 23, 24, 25, 26 and 27 of the
14 Salerno-Kaufman Subdivision of part of Tract No. 1 in
15 Owner's Division of part of the East 1/2, Northeast 1/4,
16 Section 29, Township 40, Range 12, East of the Third
17 Principal Meridian, in Cook County, Illinois; and
18 That part of the South 117.64 feet of tract number 1
19 lying East of a line 235 feet West of and parallel with
20 West line of Mannheim Road in Owner's Division of part of
21 the East half of the Northeast quarter of Section 29,
22 Township 40 North, Range 12, East of the Third Principal
23 Meridian, according to the Plat thereof recorded August
24 16, 1929 as Document number 10456788, in Cook County,
25 Illinois.
26 (Source: P.A. 91-367, eff. 7-30-99; revised 8-16-99.)
27 (735 ILCS 5/7-103.73 new)
28 Sec. 7-103.73. Quick-take; City of Taylorville.
29 Quick-take proceedings under Section 7-103 may be used for a
30 period of 2 years following July 30, 1999, by the City of
31 Taylorville for the acquisition of land used for the
32 construction of the second silt dam on Lake Taylorville; the
-932- LRB9111045EGfg
1 project area is limited to the townships of Greenwood,
2 Johnson, and Locust in southern Christian County.
3 (Source: P.A. 91-367, eff. 7-30-99; revised 8-16-99.)
4 (735 ILCS 5/7-103.74 new)
5 Sec. 7-103.74. Quick-take; City of Effingham.
6 Quick-take proceedings under Section 7-103 may be used for a
7 period of 6 months following July 30, 1999 by the City of
8 Effingham for the acquisition of all the right of way needed
9 for the subject project starting at Wernsing Avenue and
10 running northerly to Fayette Avenue, including the right of
11 way for a structure over the CSX rail line and U.S. Route 40.
12 (Source: P.A. 91-367, eff. 7-30-99; revised 8-16-99.)
13 (735 ILCS 5/7-103.75 new)
14 Sec. 7-103.75. Quick-take; City of Effingham.
15 Quick-take proceedings under Section 7-103 may be used for a
16 period of one year following July 30, 1999 by the City of
17 Effingham for the acquisition of property for the
18 construction of South Raney Street Project Phase II,
19 including a grade separation over Conrail and U. S. Route 40
20 in the City of Effingham, from the intersection of South
21 Raney Street and West Wernsing Avenue northerly to the
22 intersection of South Raney Street and West Fayette Avenue.
23 (Source: P.A. 91-367, eff. 7-30-99; revised 8-16-99.)
24 (735 ILCS 5/7-103.76 new)
25 Sec. 7-103.76. Quick-take; Village of Lincolnshire.
26 Quick-take proceedings under Section 7-103 may be used for a
27 period of 2 years following July 30, 1999, by the Village of
28 Lincolnshire, for the purpose of redevelopment within the
29 downtown area, for the acquisition of property within that
30 area legally described as follows:
31 THAT PART OF SECTIONS 15 AND 22, TOWNSHIP 43 NORTH,
-933- LRB9111045EGfg
1 RANGE 11 EAST OF THE THIRD PRINCIPAL MERIDIAN DESCRIBED
2 AS FOLLOWS: BEGINNING AT THE INTERSECTION OF THE EAST
3 LINE OF THE PROPERTY DESCRIBED IN DOCUMENT NUMBER 2297085
4 AND THE NORTHERLY LINE OF HALF DAY ROAD; THENCE
5 NORTHEASTERLY ALONG SAID NORTHERLY LINE OF SAID HALF DAY
6 ROAD TO THE INTERSECTION WITH THE WEST LINE OF STATE
7 ROUTE NO. 21 (ALSO KNOWN AS MILWAUKEE AVENUE); THENCE
8 NORTHERLY ALONG SAID WEST LINE OF STATE ROUTE NO. 21 TO
9 THE NORTH LINE OF THE SOUTH 452.20 FEET OF THE NORTHEAST
10 QUARTER OF THE AFORESAID SECTION 15; THENCE EAST ALONG
11 THE SAID NORTH LINE OF THE SOUTH 452.20 FEET TO THE EAST
12 LINE OF THE NORTHEAST QUARTER OF SAID SECTION 15; THENCE
13 SOUTH ALONG THE SAID EAST LINE TO THE SOUTHEAST CORNER OF
14 THE NORTHEAST QUARTER THEREOF; THENCE WEST ALONG THE
15 SOUTH LINE OF THE SAID NORTHEAST QUARTER TO AN EAST LINE
16 OF VERNON CEMETERY AS DESCRIBED IN DOCUMENT NUMBER
17 263584; THENCE NORTH 37.20 FEET ALONG AFORESAID EAST LINE
18 OF CEMETERY TO THE NORTH EAST CORNER THEREOF; THENCE WEST
19 297.00 FEET ALONG THE NORTH LINE OF THE AFORESAID
20 CEMETERY, SAID LINE IS THE MOST NORTHERLY LINE OF
21 CEMETERY ROAD AS OCCUPIED AND EXTENDED TO A WEST LINE OF
22 AFORESAID VERNON CEMETERY EXTENDED NORTH; THENCE SOUTH
23 ALONG THE EXTENSION AND WEST LINE OF THE AFORESAID
24 CEMETERY TO THE SOUTHWEST CORNER THEREOF, SAID SOUTHWEST
25 CORNER IS 296.61 FEET SOUTH OF THE SOUTH LINE OF CEMETERY
26 ROAD AS OCCUPIED; THENCE EAST ALONG THE SOUTH LINE OF
27 VERNON CEMETERY TO THE SOUTH EAST CORNER THEREOF, SAID
28 SOUTHEAST CORNER ALSO BEING A POINT ON THE WEST LINE OF
29 PROPERTY DESCRIBED BY DOCUMENT NUMBER 2012084; THENCE
30 SOUTH ALONG AFORESAID WEST LINE TO THE NORTH LINE OF HALF
31 DAY ROAD; THENCE EAST ALONG LAST SAID NORTH LINE TO A
32 POINT IN THE WEST LINE (EXTENDED) OF INDIAN CREEK
33 SUBDIVISION (RECORDED AS DOCUMENT NUMBER 2084U19); THENCE
34 SOUTH ALONG THE WEST LINE AND AN EXTENSION THEREOF OF
-934- LRB9111045EGfg
1 INDIAN CREEK CONDOMINIUM SUBDIVISION TO THE SOUTHWEST
2 CORNER THEREOF; THENCE SOUTHEASTERLY ALONG A SOUTH LINE
3 OF INDIAN CREEK CONDOMINIUM SUBDIVISION 130.47 FEET TO
4 THE MOST SOUTHERLY CORNER IN THE AFORESAID SUBDIVISION
5 SAID POINT BEING IN THE NORTH LINE OF RELOCATED ILLINOIS
6 STATE ROUTE 22; THENCE NORTHEASTERLY ALONG A SOUTH LINE
7 OF INDIAN CREEK CONDOMINIUM SUBDIVISION 209.56 FEET, SAID
8 LINE BEING ALSO THE NORTH LINE OF RELOCATED ILLINOIS
9 STATE ROUTE 22, TO THE SOUTHEAST CORNER OF INDIAN CREEK
10 CONDOMINIUM SUBDIVISION; THENCE NORTH ALONG THE EAST LINE
11 OF INDIAN CREEK SUBDIVISION AND AN EXTENSION THEREOF TO
12 THE NORTH LINE OF HALF DAY ROAD; THENCE EAST ALONG THE
13 NORTH LINE OF HALF DAY ROAD TO THE EAST LINE OF THE
14 SOUTHEAST QUARTER OF SAID SECTION 15 TO THE SOUTHEAST
15 CORNER OF THE SOUTHEAST QUARTER OF SECTION 15 AFORESAID;
16 THENCE SOUTHERLY ALONG AN EASTERLY LINE OF THE HAMILTON
17 PARTNERS PROPERTY DESCRIBED AS FOLLOWS, BEGINNING AT THE
18 NORTHEAST CORNER OF THE NORTHEAST QUARTER OF SAID SECTION
19 22 (THE EAST LINE OF THE NORTHEAST QUARTER OF SAID
20 SECTION 22 HAVING AN ASSUMED BEARING OF SOUTH 00 DEGREES
21 00 MINUTES 00 SECONDS EAST FOR THIS LEGAL DESCRIPTION);
22 THENCE SOUTH 13 DEGREES 57 MINUTES 09 SECONDS WEST,
23 519.43 FEET TO A POINT DESCRIBED AS BEARING NORTH 51
24 DEGREES 41 MINUTES 30 SECONDS WEST, 159.61 FEET FROM A
25 POINT OF THE EAST LINE OF THE NORTHEAST QUARTER OF
26 SECTION 22 AFORESAID, 603.05 FEET, AS MEASURED ALONG SAID
27 EAST LINE, SOUTH OF THE NORTHEAST CORNER OF SAID
28 NORTHEAST QUARTER; THENCE SOUTH 05 DEGREES 08 MINUTES 04
29 SECONDS EAST, 232.01 FEET TO THE MOST NORTHERLY NORTHEAST
30 CORNER OF MARIOTT DRIVE, ACCORDING TO THE PLAT OF
31 DEDICATION RECORDED AS DOCUMENT NUMBER 1978811; THENCE
32 SOUTH 42 DEGREES 08 MINUTES 46 SECONDS WEST (RECORD SOUTH
33 42 DEGREES 09 MINUTES 23 SECONDS WEST) ALONG THE
34 NORTHWESTERLY LINE OF SAID MARIOTT DRIVE, 40.70 FEET
-935- LRB9111045EGfg
1 (RECORD 40.73 FEET) TO AN ANGLE POINT IN THE NORTH LINE
2 OF SAID MARIOTT DRIVE; THENCE SOUTH PERPENDICULAR TO
3 AFOREMENTIONED MARIOTT DRIVE TO A POINT ON THE SOUTH LINE
4 THEREOF; THENCE WEST ALONG THE SOUTH LINE OF MARIOTT
5 DRIVE TO A POINT PERPENDICULAR TO A POINT IN THE NORTH
6 LINE OF MARIOTT DRIVE THAT IS ON A LINE, THE EXTENSION OF
7 WHICH IS THE EASTERLY LINE OF LOTS 1 AND 2 IN INDIAN
8 CREEK RESUBDIVISION; THENCE NORTH PERPENDICULAR TO
9 MARIOTT DRIVE TO THE AFOREMENTIONED POINT ON THE NORTH
10 LINE; THENCE NORTHWESTERLY ON THE EASTERLY LINE &
11 EXTENSION THEREOF OF AFOREMENTIONED LOTS 1 AND 2 TO THE
12 NORTHEAST CORNER OF LOT 2; THENCE WEST ALONG THE NORTH
13 LINE OF LOT 2 TO THE NORTHWEST CORNER THEREOF; THENCE
14 SOUTHWESTERLY PERPENDICULAR TO ILLINOIS ROUTE 21
15 (MILWAUKEE AVENUE DEDICATED BY DOCUMENT NUMBER 2129168)
16 TO THE WEST LINE THEREOF; THENCE NORTH ALONG THE WEST
17 LINE OF AFOREMENTIONED ILLINOIS ROUTE 21 TO THE NORTHEAST
18 CORNER OF LOT 1 IN MCDONALD'S - KING'S SUBDIVISION;
19 THENCE WEST ALONG THE NORTH LINE OF THE LAST MENTIONED
20 LOT 1, 218.50 FEET TO A JOG IN THE NORTH LINE THEREOF;
21 THENCE NORTHERLY ALONG A WESTERLY LINE OF SAID LOT 1,
22 20.22 FEET TO A JOG IN THE NORTH LINE; THENCE WEST ALONG
23 THE NORTH LINE OF LOT 1 AFORESAID 150.42 FEET TO THE
24 NORTHWEST CORNER OF THEREOF; THENCE SOUTH 205.94 FEET
25 ALONG THE WEST LINE OF AFOREMENTIONED LOT 1 TO A JOG IN
26 THE WEST LINE THEREOF; THENCE EAST ALONG A SOUTH LINE OF
27 LOT 1 TO A JOG IN THE WEST LINE THEREOF 3.45 FEET; THENCE
28 SOUTH 91.22 FEET ALONG THE WEST LINE LOT 1 TO THE
29 SOUTHWEST CORNER LOT 1 AFOREMENTIONED; THENCE SOUTHERLY
30 RADIAL TO RELOCATED ILLINOIS STATE ROUTE 22 TO THE SOUTH
31 LINE THEREOF; THENCE WEST ALONG THE SOUTH LINE OF
32 RELOCATED ILLINOIS STATE ROUTE 22 TO A POINT
33 PERPENDICULAR TO A POINT AT THE SOUTHWEST CORNER OF THE
34 OLD HALF DAY SCHOOL PARCEL; THENCE NORTHWESTERLY 51.41
-936- LRB9111045EGfg
1 FEET ALONG A WEST LINE OF AFORESAID SCHOOL PARCEL TO A
2 CORNER THEREOF; THENCE NORTHEASTERLY 169.30 FEET ALONG A
3 NORTHERLY LINE OF AFORESAID SCHOOL PARCEL TO A CORNER
4 THEREOF; THENCE NORTHWESTERLY 242.80 FEET ALONG A WEST
5 LINE TO THE CENTER LINE OF HALF DAY ROAD; THENCE
6 NORTHWESTERLY NORMAL TO THE AFORESAID ROAD TO THE
7 NORTHERLY RIGHT OF WAY LINE THEREOF; THENCE EAST ALONG
8 THE NORTH LINE OF HALF DAY ROAD TO A POINT SAID POINT IS
9 A BEND IN THE WEST LINE OF PROPERTY DESCRIBED BY DOCUMENT
10 NUMBER 2600952; THENCE NORTHWESTERLY 7.82 CHAINS ALONG
11 THE WEST LINE AFOREMENTIONED TO THE NORTHWEST CORNER
12 THEREOF; THENCE SOUTHEASTERLY 2.39 CHAINS TO THE
13 NORTHEAST CORNER OF THE SAID PROPERTY; THENCE
14 SOUTHEASTERLY ALONG THE EASTERLY LINE OF AFORESAID
15 PROPERTY TO THE NORTHWEST CORNER OF PROPERTY DESCRIBED IN
16 DOCUMENT NUMBER 2297085; THENCE EAST 2.27 CHAINS ALONG
17 THE NORTH LINE OF AFOREMENTIONED PROPERTY TO THE
18 NORTHEAST CORNER THEREOF; THENCE SOUTH ALONG THE EAST
19 LINE OF THE AFOREMENTIONED PROPERTY TO THE PLACE OF
20 BEGINNING, (EXCEPT THEREFROM THE TRACT OF LAND AS
21 DESCRIBED BY DOCUMENT NUMBER 1141157 AND MILWAUKEE AVE.
22 ADJACENT THERETO) ALL IN LAKE COUNTY, ILLINOIS.
23 (Source: P.A. 91-367, eff. 7-30-99; revised 8-16-99.)
24 (735 ILCS 5/7-103.77 new)
25 Sec. 7-103.77. Quick-take; City of Marion. Quick-take
26 proceedings under Section 7-103 may be used for a period of
27 18 months after July 30, 1999, by the City of Marion for the
28 acquisition of property and temporary construction easements
29 bounded by the following lines for improvement of the
30 Pentecost Road project:
31 A variable width strip of land lying parallel with and
32 contiguous to the existing east and west Right-of-Way
33 lines of Pentecost Road in the following quarter-quarter
-937- LRB9111045EGfg
1 section:
2 the NW1/4 NW1/4, Section 16; NE1/4 NE1/4, Section 17;
3 NW1/4 SW1/4, Section 16; SW1/4 SW1/4, Section 16; NE1/4
4 SE1/4, Section 17; and the SE1/4 SE1/4, Section 17, all
5 located in Township 9 South, Range 2 East of the Third
6 Principal Meridian; Williamson County, Illinois.
7 (Source: P.A. 91-367, eff. 7-30-99; revised 8-16-99.)
8 (735 ILCS 5/7-103.78 new)
9 Sec. 7-103.78. Quick-take; City of Geneva. Quick-take
10 proceedings under Section 7-103 may be used for a period of 6
11 months following July 30, 1999, by the City of Geneva, for
12 the Prairie and Wetland Restoration Project, for the
13 acquisition of property described as follows:
14 PARCEL ONE: THE SOUTH 1/2 OF THE NORTHEAST 1/4 OF
15 SECTION 6, TOWNSHIP 39 NORTH, RANGE 8 EAST OF THE THIRD
16 PRINCIPAL MERIDIAN, IN THE TOWNSHIP OF GENEVA, KANE
17 COUNTY, ILLINOIS.
18 PARCEL TWO: THE SOUTH HALF OF THE NORTHWEST
19 FRACTIONAL QUARTER OF SECTION 6, TOWNSHIP 39 NORTH, RANGE
20 8 EAST OF THE THIRD PRINCIPAL MERIDIAN, IN THE TOWNSHIP
21 OF GENEVA, KANE COUNTY, ILLINOIS.
22 PARCEL THREE: THAT PART OF THE SOUTH 1/2 OF THE
23 NORTHEAST 1/4 OF SECTION 1, TOWNSHIP 39 NORTH, RANGE 7
24 EAST OF THE THIRD PRINCIPAL MERIDIAN LYING EAST OF THE
25 FOLLOWING TRACT: (A STRIP OF LAND 60 FEET IN WIDTH
26 EXTENDING OVER AND ACROSS THE SOUTH EAST 1/4 OF THE
27 NORTHEAST 1/4 OF SECTION 1, TOWNSHIP 39 NORTH, RANGE 7
28 EAST OF THE THIRD PRINCIPAL MERIDIAN, SAID STRIP OF LAND
29 BEING THAT CERTAIN STRIP OF LAND AS CONVEYED BY CHARLES
30 W. PEMBLETON AND WIFE TO THE CHICAGO AND NORTH WESTERN
31 RAILWAY COMPANY (NOW THE CHICAGO AND NORTH WESTERN
32 TRANSPORTATION COMPANY) BY WARRANTY DEED DATED JUNE 29,
33 1903 AND RECORDED AS DOCUMENT 64790 IN BOOK 430 ON PAGE
-938- LRB9111045EGfg
1 337 IN THE OFFICE OF THE REGISTRAR OF DEEDS FOR KANE
2 COUNTY, ILLINOIS) IN THE TOWNSHIP OF BLACKBERRY, KANE
3 COUNTY, ILLINOIS.
4 (Source: P.A. 91-367, eff. 7-30-99; revised 8-16-99.)
5 (735 ILCS 5/7-103.79 new)
6 Sec. 7-103.79. Quick-take; City of Arcola. Quick-take
7 proceedings under Section 7-103 may be used for a period of 2
8 years after July 30, 1999, by the City of Arcola for the
9 purpose of acquiring property in connection with a project to
10 widen Illinois Route 133 east of Interstate 57.
11 (Source: P.A. 91-367, eff. 7-30-99; revised 8-16-99.)
12 (735 ILCS 5/7-103.80 new)
13 Sec. 7-103.80. Quick-take; County of Lake. Quick-take
14 proceedings under Section 7-103 may be used for a period of
15 24 months after July 30, 1999, by the County of Lake, for the
16 acquisition of necessary right-of-way to complete the
17 improvement of the intersection of County Highway 47 (9th
18 Street) and County Highway 27 (Lewis Avenue).
19 (Source: P.A. 91-367, eff. 7-30-99; revised 8-16-99.)
20 (735 ILCS 5/7-103.81 new)
21 Sec. 7-103.81. Quick-take; County of Lake. Quick-take
22 proceedings under Section 7-103 may be used for a period of
23 24 months after July 30, 1999, by the County of Lake, for the
24 acquisition of necessary right-of-way to complete the
25 improvement of the various intersections and roadways
26 involved in the project to improve County Highway 70 (Hawley
27 Street), County Highway 26 (Gilmer Road), and County Highway
28 62 (Fremont Center Road) at and near Illinois Route 176.
29 (Source: P.A. 91-367, eff. 7-30-99; revised 8-16-99.)
30 (735 ILCS 5/7-103.82 new)
-939- LRB9111045EGfg
1 Sec. 7-103.82. Quick-take; County of Winnebago.
2 Quick-take proceedings under Section 7-103 may be used for a
3 period of 30 months after July 30, 1999, by the County of
4 Winnebago to allow for the acquisition of right-of-way for
5 the construction of the Harrison Avenue Extension project
6 from Montague Road to West State Street lying within Section
7 20, the east 1/2 of Section 29, and the northeast 1/4 of
8 Section 32, Township 44W, Range 1 East of the 3rd Principal
9 Meridian, in Winnebago County.
10 (Source: P.A. 91-367, eff. 7-30-99; revised 8-16-99.)
11 (735 ILCS 5/7-103.83 new)
12 Sec. 7-103.83. Quick-take; Village of Schiller Park.
13 Quick-take proceedings under Section 7-103 may be used for a
14 period of 2 years after July 30, 1999, by the Village of
15 Schiller Park, for the acquisition of the following described
16 property for purposes of redevelopment of blighted areas:
17 The following parcel of property lying within the East
18 Half of the Southeast Quarter of Section 17, Township 40
19 North, Range 12 East of the Third Principal Meridian and
20 the N East Half of the Southwest Quarter of Section 16,
21 Township 40 North, Range 12 East of the Third Principal
22 Meridian all in Cook County, Illinois:
23 Commencing at the intersection of the center line of
24 Irving Park Road with the west line of Mannheim Road;
25 thence, southwesterly along the westerly line of Mannheim
26 Road to its intersection with the south line of Belle
27 Plaine Avenue, as extended from the east; thence,
28 easterly along the south line of Belle Plaine Avenue to
29 its intersection with the west line, as extended from the
30 North, of Lot 7 in the Subdivision of the West Half of
31 the Southwest Quarter of Section 16, Township 40 North,
32 Range 12 East of the Third Principal Meridian (except
33 that part lying Northerly of Irving Park Road), recorded
-940- LRB9111045EGfg
1 April 14, 1921 as document no. 7112572; thence, northerly
2 along the west line, as extended from the north, of Lot 7
3 of the aforecited Subdivision to its intersection with
4 the north line of Belle Plaine Avenue; thence,
5 northeasterly along the northwesterly line of the
6 property acquired by The Illinois State Toll Highway
7 Authority to its intersection with the east line of Lot 7
8 of the aforecited Subdivision; thence, northerly along
9 the east line of Lot 7 of the aforecited Subdivision to
10 its intersection with the south line of Lot 2 in the
11 aforecited Subdivision; thence, westerly along the south
12 line of Lot 2 of the aforecited Subdivision to its
13 intersection with the west line of Lot 2 of the
14 aforecited Subdivision; thence, northerly along the west
15 line of Lot 2 of the aforecited Subdivision and the
16 extension of the west line of Lot 2 to its intersection
17 with the center line of Irving Park Road; thence,
18 westerly along the center line of Irving Park Road to the
19 point of beginning.
20 Notwithstanding the property description contained in
21 this Section, the Village of Schiller Park may not acquire,
22 under the authority of this Section, any property that is
23 owned by any other unit of local government.
24 (Source: P.A. 91-367, eff. 7-30-99; revised 8-16-99.)
25 (735 ILCS 5/7-103.84 new)
26 Sec. 7-103.84. Quick-take; City of Springfield.
27 Quick-take proceedings under Section 7-103 may be used for a
28 period of 2 years after July 30, 1999, by the City of
29 Springfield, for the acquisition of (i) the property located
30 in the City of Springfield and bounded on the north by Mason
31 Street, on the west by Fifth Street, on the south by
32 Jefferson Street, and on the east by Sixth Street and (ii)
33 the property located in the City of Springfield and bounded
-941- LRB9111045EGfg
1 on the north by Madison Street, on the west by Sixth Street,
2 on the south by Washington Street, and on the east by Seventh
3 Street, for the Abraham Lincoln Presidential Library.
4 (Source: P.A. 91-367, eff. 7-30-99; revised 8-16-99.)
5 (735 ILCS 5/7-103.85 new)
6 Sec. 7-103.85. Quick-take; McClean County. Quick-take
7 proceedings under Section 7-103 may be used for a period of
8 24 months after July 30, 1999, by McLean County, for the
9 acquisition of property necessary for the purpose of
10 construction with respect to the Towanda-Barnes Road from
11 Route 150 to Ft. Jesse Road.
12 (Source: P.A. 91-367, eff. 7-30-99; revised 8-16-99.)
13 (735 ILCS 5/7-103.86 new)
14 Sec. 7-103.86. Quick-take; Pike County. Quick-take
15 proceedings under Section 7-103 may be used for a period of
16 12 months after July 30, 1999, by Pike County, for the
17 acquisition of property necessary for the purpose of
18 construction with respect to F.A.S. 1591, commonly known as
19 Martinsburg Road, from one mile north of Martinsburg to 0.25
20 mile north of Martinsburg.
21 (Source: P.A. 91-367, eff. 7-30-99; revised 8-16-99.)
22 (735 ILCS 5/7-103.87 new)
23 Sec. 7-103.87. Quick-take; Fox Metro Water Reclamation
24 District. Quick-take proceedings under Section 7-103 may be
25 used for a period of 12 months after July 30, 1999, by the
26 Fox Metro Water Reclamation District, for the acquisition of
27 the following described property for the purpose of extending
28 the collector system and construction of facilities for
29 treatment of effluent:
30 THAT PART OF LOTS 2 AND 3 OF LARSON'S SUBDIVISION
31 DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHWEST
-942- LRB9111045EGfg
1 CORNER OF SAID LOT 3 BEING ON THE CENTER LINE OF
2 STATE ROUTE NO. 31; THENCE SOUTH 7 DEGREES 01
3 MINUTES WEST ALONG SAID CENTER LINE 46.58 FEET FOR
4 THE POINT OF BEGINNING; THENCE NORTH 7 DEGREES 01
5 MINUTES EAST ALONG SAID CENTER LINE 91.58 FEET;
6 THENCE SOUTH 88 DEGREES 31 MINUTES EAST PARALLEL
7 WITH THE NORTH LINE OF SAID LOT 3, 781.87 FEET TO
8 THE EASTERLY LINE OF SAID LOT 2; THENCE SOUTH 19
9 DEGREES 40 MINUTES WEST ALONG THE EASTERLY LINES OF
10 LOTS 2 AND 3 106.9 FEET; THENCE SOUTH 9 DEGREES 39
11 MINUTES EAST ALONG THE EASTERLY LINE OF SAID LOT 3,
12 70.83 FEET TO A LINE DRAWN SOUTH 82 DEGREES 36
13 MINUTES EAST, PARALLEL WITH THE SOUTHERLY LINE OF
14 SAID LOT 3, FROM THE PLACE OF BEGINNING; THENCE
15 NORTH 82 DEGREES 36 MINUTES WEST ALONG SAID PARALLEL
16 LINE 775.16 FEET TO THE PLACE OF BEGINNING, IN THE
17 TOWNSHIP OF OSWEGO, KENDALL COUNTY, ILLINOIS.
18 ALSO:
19 THAT PART OF THE SOUTHWEST 1/4 OF SECTION 5,
20 TOWNSHIP 37 NORTH, RANGE 8 EAST OF THE THIRD
21 PRINCIPAL MERIDIAN, DESCRIBED AS FOLLOWS: COMMENCING
22 AT THE NORTHWEST CORNER OF THE SOUTHWEST FRACTIONAL
23 QUARTER OF SECTION 6, TOWNSHIP AND RANGE AFORESAID;
24 THENCE SOUTH ALONG THE WEST LINE OF SAID SECTION 6,
25 1363.34 FEET; THENCE SOUTH 82 DEGREES 36 MINUTES
26 EAST 5298.7 FEET TO THE WESTERLY BANK OF FOX RIVER;
27 THENCE NORTH 18 DEGREES 46 MINUTES WEST ALONG SAID
28 WESTERLY BANK 192.5 FEET FOR THE POINT OF BEGINNING;
29 THENCE NORTH 18 DEGREES 46 MINUTES WEST ALONG SAID
30 WESTERLY BANK 44.35 FEET; THENCE NORTH 37 DEGREES 16
31 MINUTES WEST ALONG SAID WESTERLY BANK 227.8 FEET;
32 THENCE NORTH 82 DEGREES 36 MINUTES WEST 867.3 FEET
33 TO THE CENTER LINE OF THE ORIGINAL ROAD; THENCE
34 SOUTHERLY ALONG SAID CENTER LINE 200 FEET TO A LINE
-943- LRB9111045EGfg
1 DRAWN NORTH 82 DEGREES 36 MINUTES WEST FROM THE
2 POINT OF BEGINNING; THENCE SOUTH 82 DEGREES 36
3 MINUTES EAST 1014.21 FEET TO THE POINT OF BEGINNING,
4 IN THE TOWNSHIP OF OSWEGO, KENDALL COUNTY, ILLINOIS.
5 ALSO:
6 PARCEL ONE:
7 LOT 5 OF LARSON'S SUBDIVISION, TOWNSHIP OF OSWEGO,
8 KENDALL COUNTY, ILLINOIS.
9 PARCEL TWO:
10 THAT PART OF THE SOUTHWEST 1/4 OF SECTION 5,
11 TOWNSHIP 37 NORTH, RANGE 8 EAST OF THE THIRD
12 PRINCIPAL MERIDIAN DESCRIBED AS FOLLOWS: COMMENCING
13 AT THE INTERSECTION OF THE SOUTH LINE OF SAID
14 SECTION 5 WITH THE CENTER LINE OF ILLINOIS STATE
15 ROUTE NUMBER 31; THENCE NORTH 6 DEGREES 44 MINUTES
16 EAST ALONG SAID CENTER LINE 745.75 FEET; THENCE
17 SOUTH 82 DEGREES 30 MINUTES EAST 100 FEET TO THE
18 POINT OF BEGINNING; THENCE SOUTHWESTERLY AT RIGHT
19 ANGLES WITH THE LAST DESCRIBED COURSE, 110 FEET;
20 THENCE SOUTH 83 DEGREES 30 MINUTES EAST TO THE
21 CENTER THREAD OF THE FOX RIVER; THENCE NORTHERLY
22 ALONG SAID CENTER THREAD TO A LINE DRAWN SOUTH 82
23 DEGREES 30 MINUTES EAST FOR THE POINT OF BEGINNING;
24 THENCE NORTH 82 DEGREES 30 MINUTES WEST TO THE POINT
25 OF BEGINNING; IN THE TOWNSHIP OF OSWEGO, KENDALL
26 COUNTY, ILLINOIS.
27 ALSO:
28 THAT PART OF THE SOUTH 1/2 OF THE WEST PART OF
29 SECTION 5, TOWNSHIP 37 NORTH, RANGE 8 EAST OF THE
30 THIRD PRINCIPAL MERIDIAN WHICH LIES EAST OF THE
31 CENTER LINE OF STATE ROUTE NO. 31 AND SOUTH OF A
32 LINE EXTENDING SOUTH 82 DEGREES 30 MINUTES EAST FROM
33 A POINT IN THE SAID CENTER LINE OF SAID HIGHWAY THAT
34 IS NORTH 6 DEGREES 44 MINUTES EAST 745.75 FEET FROM
-944- LRB9111045EGfg
1 THE SOUTH LINE OF SAID SECTION TO THE CENTER THREAD
2 OF THE FOX RIVER (EXCEPT THE RIGHT OF WAY OF THE
3 SAID STATE ROUTE NO. 31 AND A STRIP IN THE NORTHWEST
4 CORNER 67 FEET WIDE AND 325 FEET LONG MEASURED ALONG
5 THE EASTERLY LINE OF SAID HIGHWAY, USED FOR CEMETERY
6 PURPOSES, AND ALSO EXCEPT THAT PART LYING SOUTH OF
7 THE NORTH LINE OF PREMISES CONVEYED TO THE
8 COMMONWEALTH EDISON COMPANY BY WARRANTY DEED
9 RECORDED OCTOBER 9, 1959 AS DOCUMENT 127020 AND ALSO
10 EXCEPT THAT PART DESCRIBED AS FOLLOWS: COMMENCING AT
11 THE INTERSECTION OF THE SOUTH LINE OF SAID SECTION 5
12 WITH THE CENTER LINE OF ILLINOIS STATE ROUTE NO. 31;
13 THENCE NORTH 6 DEGREES 44 MINUTES EAST ALONG SAID
14 CENTER LINE 745.75 FEET; THENCE SOUTH 82 DEGREES 30
15 MINUTES EAST 100 FEET FOR THE POINT OF BEGINNING;
16 THENCE SOUTHWESTERLY AT RIGHT ANGLES WITH THE LAST
17 DESCRIBED COURSE, 110 FEET; THENCE SOUTH 82 DEGREES
18 30 MINUTES EAST TO THE CENTER THREAD OF THE FOX
19 RIVER; THENCE NORTHERLY ALONG SAID CENTER THREAD TO
20 A LINE DRAWN SOUTH 82 DEGREES 30 MINUTES EAST FROM
21 THE POINT OF BEGINNING; THENCE NORTH 82 DEGREES 30
22 MINUTES WEST TO THE POINT OF BEGINNING), IN THE
23 TOWNSHIP OF OSWEGO, KENDALL COUNTY, ILLINOIS.
24 (Source: P.A. 91-367, eff. 7-30-99; revised 8-16-99.)
25 (735 ILCS 5/7-103.88 new)
26 Sec. 7-103.88. Quick-take; St. Clair County. Quick-take
27 proceedings under Section 7-103 may be used for a period of
28 12 months after July 30, 1999, by St. Clair County, for the
29 acquisition of property necessary for the purpose of the
30 following county road improvements in the City of O'Fallon
31 and the Village of Shiloh: Section 95-00301-02-PV, Hartman
32 Lane to Shiloh-O'Fallon Road, 2.45 miles of concrete
33 pavement, 24 feet wide, 10-foot shoulders, a 95-foot
-945- LRB9111045EGfg
1 single-span bridge, earthwork, and traffic signals.
2 (Source: P.A. 91-367, eff. 7-30-99; revised 8-16-99.)
3 (735 ILCS 5/7-103.89 new)
4 Sec. 7-103.89. Quick-take; St. Clair County. Quick-take
5 proceedings under Section 7-103 may be used for a period of
6 12 months after July 30, 1999, by St. Clair County, for the
7 acquisition of property necessary for the purpose of the
8 following county road improvements in the City of Fairview
9 Heights: Section 97-00301-04-PV, Metro-Link Station to
10 Illinois Route 159, 2.04 miles of concrete pavement, 24 feet
11 wide, 10-foot shoulders, earthwork, and traffic signals.
12 (Source: P.A. 91-367, eff. 7-30-99; revised 8-16-99.)
13 (735 ILCS 5/7-103.90 new)
14 Sec. 7-103.90. Quick-take; St. Clair County. Quick-take
15 proceedings under Section 7-103 may be used for a period of
16 12 months after July 30, 1999, by St. Clair County, for the
17 acquisition of property necessary for the purpose of the
18 following county road improvements in the City of O'Fallon:
19 Section 97-03080-05-PV, Jennifer Court to Station 122+50,
20 1.52 miles of concrete pavement, 24 to 40 feet wide, 10-foot
21 shoulders, earthwork, storm sewers, curbs, and gutters.
22 (Source: P.A. 91-367, eff. 7-30-99; revised 8-16-99.)
23 (735 ILCS 5/7-103.91 new)
24 Sec. 7-103.91. Quick-take; Madison County. Quick-take
25 proceedings under Section 7-103 may be used for a period of
26 12 months after July 30, 1999, by Madison County, for the
27 acquisition of property necessary for the purpose of
28 approximately 2.4 miles of roadwork commencing at the
29 intersection of Illinois Route 143 northerly over, adjacent
30 to, and near the location of County Highway 19 (locally known
31 as Birch Drive) to the intersection of Buchts Road,
-946- LRB9111045EGfg
1 traversing through land sections 19, 20, 29, 30, and 31 of
2 Ft. Russell Township, the work to consist of excavation, fill
3 placement, concrete structures, and an aggregate and
4 bituminous base with bituminous binder and surfacing.
5 (Source: P.A. 91-367, eff. 7-30-99; revised 8-16-99.)
6 (735 ILCS 5/7-103.92 new)
7 Sec. 7-103.92. Quick-take; Lake County. Quick-take
8 proceedings under Section 7-103 may be used for a period of 2
9 years after July 30, 1999, by Lake County, for the
10 acquisition of property necessary for the purpose of
11 improving County Highway 70 (Hawley Street) from Chevy Chase
12 Road to County Highway 26 (Gilmer Road).
13 (Source: P.A. 91-367, eff. 7-30-99; revised 8-16-99.)
14 (735 ILCS 5/7-103.93 new)
15 Sec. 7-103.93. Quick-take; Kendall County. Quick-take
16 proceedings under Section 7-103 may be used for a period of
17 12 months after July 30, 1999, by Kendall County, for the
18 acquisition of the following described property for the
19 purpose of road construction or improvements, including
20 construction of a bridge and related improvements:
21 THAT PART OF THE EAST 1/2 OF SECTION 24, TOWNSHIP 37
22 NORTH, RANGE 7 EAST OF THE THIRD PRINCIPAL MERIDIAN,
23 KENDALL COUNTY, ILLINOIS DESCRIBED AS FOLLOWS: COMMENCING
24 AT THE NORTHEAST CORNER OF LOT 4 OF CHRISTIE C. HERREN'S
25 2ND SUBDIVISION; THENCE ON AN ASSUMED BEARING NORTH 89
26 DEGREES 32 MINUTES 05 SECONDS EAST, 33.00 FEET ALONG THE
27 EASTERLY EXTENSION OF THE NORTH LINE OF SAID LOT 4 TO THE
28 CENTER LINE OF MINKLER ROAD; THENCE NORTH 0 DEGREES 27
29 MINUTES 55 SECONDS WEST, 1,585.91 FEET ALONG THE CENTER
30 LINE OF MINKLER ROAD TO THE CENTER LINE OF ILLINOIS ROUTE
31 71; THENCE NORTH 0 DEGREES 53 MINUTES 06 SECONDS WEST,
32 1,084.14 FEET ALONG THE CENTER LINE OF MINKLER ROAD AND
-947- LRB9111045EGfg
1 THE NORTHERLY EXTENSION THEREOF TO THE NORTH RIGHT-OF-WAY
2 LINE OF THE BURLINGTON NORTHERN SANTA FE RAILROAD FOR THE
3 POINT OF BEGINNING; THENCE CONTINUING NORTH 0 DEGREES 53
4 MINUTES 06 SECONDS WEST, 12.95 FEET TO THE SOUTH BANK OF
5 THE FOX RIVER; THENCE NORTH 84 DEGREES 02 MINUTES 18
6 SECONDS EAST, 192.09 FEET ALONG SAID SOUTH BANK; THENCE
7 SOUTH 23 DEGREES 08 MINUTES 48 SECONDS EAST, 4.22 FEET TO
8 THE NORTH RIGHT-OF-WAY LINE OF THE BURLINGTON NORTHERN
9 SANTA FE RAILROAD; THENCE SOUTHWESTERLY, 194.71 FEET
10 ALONG A 3,956.53 FOOT RADIUS CURVE TO THE LEFT WHOSE
11 CHORD BEARS SOUTH 81 DEGREES 25 MINUTES 34 SECONDS WEST,
12 194.69 FEET TO THE POINT OF BEGINNING.
13 AND:
14 THAT PART OF THE EAST 1/2 OF SECTION 24, TOWNSHIP 37
15 NORTH, RANGE 7 EAST OF THE THIRD PRINCIPAL MERIDIAN,
16 KENDALL COUNTY, ILLINOIS DESCRIBED AS FOLLOWS: COMMENCING
17 AT THE NORTHEAST CORNER OF LOT 4 OF CHRISTIE C. HERREN'S
18 2ND SUBDIVISION; THENCE ON AN ASSUMED BEARING NORTH 89
19 DEGREES 32 MINUTES 05 SECONDS EAST, 33.00 FEET ALONG THE
20 EASTERLY EXTENSION OF THE NORTH LINE OF SAID LOT 4 TO THE
21 CENTER LINE OF MINKLER ROAD; THENCE NORTH 0 DEGREES 27
22 MINUTES 55 SECONDS WEST, 1,585.91 FEET ALONG THE CENTER
23 LINE OF MINKLER ROAD TO THE CENTER LINE OF ILLINOIS ROUTE
24 71 FOR THE POINT OF BEGINNING; THENCE NORTH 0 DEGREES 53
25 MINUTES 06 SECONDS WEST, 52.33 FEET ALONG THE CENTER LINE
26 OF MINKLER ROAD; THENCE NORTH 72 DEGREES 01 MINUTES 36
27 SECONDS EAST, 130.87 FEET ALONG THE NORTH RIGHT-OF-WAY
28 LINE OF ILLINOIS ROUTE 71; THENCE NORTH 18 DEGREES 09
29 MINUTES 27 SECONDS WEST, 111.00 FEET; THENCE NORTH 74
30 DEGREES 41 MINUTES 24 SECONDS EAST, 40.24 FEET; THENCE
31 NORTH 3 DEGREES 05 MINUTES 16 SECONDS WEST, 239.00 FEET;
32 THENCE SOUTH 89 DEGREES 29 MINUTES 13 SECONDS WEST, 69.62
33 FEET; THENCE SOUTH 43 DEGREES 09 MINUTES 14 SECONDS WEST,
34 46.47 FEET; THENCE SOUTH 89 DEGREES 06 MINUTES 54 SECONDS
-948- LRB9111045EGfg
1 WEST, 20.00 FEET TO THE CENTER LINE OF MINKLER ROAD;
2 THENCE NORTH 0 DEGREES 53 MINUTES 06 SECONDS WEST, 595.48
3 FEET ALONG SAID CENTER LINE AND SAID CENTER LINE EXTENDED
4 NORTHERLY TO THE SOUTH RIGHT-OF-WAY LINE OF THE
5 BURLINGTON NORTHERN SANTA FE RAILROAD; THENCE EASTERLY,
6 222.77 FEET ALONG A 3,881.53 FOOT RADIUS CURVE TO THE
7 RIGHT WHOSE CHORD BEARS NORTH 81 DEGREES 28 MINUTES 59
8 SECONDS EAST, 222.74 FEET; THENCE SOUTH 20 DEGREES 43
9 MINUTES 16 SECONDS EAST, 119.40 FEET; THENCE SOUTHERLY,
10 237.80 FEET ALONG A 717.37 FEET RADIUS CURVE TO THE RIGHT
11 WHOSE CHORD BEARS SOUTH 11 DEGREES 13 MINUTES 29 SECONDS
12 EAST, 236.71 FEET; THENCE SOUTH 1 DEGREES 43 MINUTES 42
13 SECONDS EAST, 471.58 FEET; THENCE SOUTH 55 DEGREES 31
14 MINUTES 50 SECONDS EAST, 63.07 FEET; THENCE NORTH 72
15 DEGREES 01 MINUTES 36 SECONDS EAST, 86.50 FEET; THENCE
16 SOUTH 17 DEGREES 58 MINUTES 24 SECONDS EAST, 20.00 FEET
17 TO THE EXISTING NORTH RIGHT-OF-WAY LINE OF ILLINOIS ROUTE
18 71; THENCE NORTH 72 DEGREES 01 MINUTES 36 SECONDS EAST,
19 350.00 FEET ALONG SAID NORTH RIGHT-OF-WAY LINE OF
20 ILLINOIS ROUTE 71; THENCE SOUTH 17 DEGREES 58 MINUTES 24
21 SECONDS EAST, 50.00 FEET TO THE CENTER LINE OF ILLINOIS
22 ROUTE 71; THENCE SOUTH 72 DEGREES 01 MINUTES 36 SECONDS
23 WEST, 836.88 FEET ALONG SAID CENTER LINE TO THE POINT OF
24 BEGINNING.
25 AND:
26 THAT PART OF THE EAST 1/2 OF SECTION 24, TOWNSHIP 37
27 NORTH, RANGE 7 EAST OF THE THIRD PRINCIPAL MERIDIAN,
28 KENDALL COUNTY, ILLINOIS, DESCRIBED AS FOLLOWS:
29 COMMENCING AT THE NORTHEAST CORNER OF LOT 4 OF CHRISTIE
30 C. HERREN'S 2ND SUBDIVISION; THENCE ON AN ASSUMED BEARING
31 NORTH 89 DEGREES 32 MINUTES 05 SECONDS EAST, 33.00 FEET
32 ALONG THE EASTERLY EXTENSION OF THE NORTH LINE OF SAID
33 LOT 4 TO THE CENTER LINE OF MINKLER ROAD; THENCE NORTH 0
34 DEGREES 27 MINUTES 55 SECONDS WEST, 1,585.91 FEET ALONG
-949- LRB9111045EGfg
1 SAID CENTER LINE TO THE CENTER LINE OF ILLINOIS ROUTE 71
2 FOR THE POINT OF BEGINNING; THENCE NORTH 72 DEGREES 01
3 MINUTES 36 SECONDS EAST, 836.88 FEET ALONG THE CENTER
4 LINE OF ILLINOIS ROUTE 71; THENCE SOUTH 17 DEGREES 58
5 MINUTES 24 SECONDS EAST, 50.00 FEET TO THE SOUTH
6 RIGHT-OF-WAY LINE OF ILLINOIS ROUTE 71; THENCE SOUTH 64
7 DEGREES 54 MINUTES 06 SECONDS WEST, 201.56 FEET; THENCE
8 SOUTH 72 DEGREES 01 MINUTES 36 SECONDS WEST, 331.43 FEET;
9 THENCE SOUTH 1 DEGREES 55 MINUTES 17 SECONDS WEST, 144.09
10 FEET; THENCE SOUTHERLY 327.44 FEET ALONG AN 853.94 FOOT
11 RADIUS CURVE TO THE RIGHT WHOSE CHORD BEARS SOUTH 12
12 DEGREES 54 MINUTES 22 SECONDS WEST, 325.44 FEET; THENCE
13 SOUTH 23 DEGREES 53 MINUTES 28 SECONDS WEST, 211.52
14 FEET; THENCE SOUTHERLY 289.43 FEET ALONG A 673.94 FOOT
15 RADIUS CURVE TO THE LEFT WHOSE CHORD BEARS SOUTH 11
16 DEGREES 35 MINUTES 17 SECONDS WEST, 287.21 FEET; THENCE
17 SOUTH 0 DEGREES 42 MINUTES 55 SECONDS EAST, 135.43 FEET;
18 THENCE SOUTH 89 DEGREES 17 MINUTES 05 SECONDS WEST, 85.98
19 FEET TO THE CENTER LINE OF MINKLER ROAD; THENCE NORTH 0
20 DEGREES 27 MINUTES 55 SECONDS WEST, 459.31 FEET ALONG
21 SAID CENTER LINE; THENCE NORTH 21 DEGREES 25 MINUTES 47
22 SECONDS EAST, 232.86 FEET; THENCE NORTHERLY 266.09 FEET
23 ALONG A 693.94 FOOT RADIUS CURVE TO THE LEFT WHOSE CHORD
24 BEARS NORTH 12 DEGREES 54 MINUTES 22 SECONDS EAST, 264.46
25 FEET; THENCE NORTH 1 DEGREES 55 MINUTES 17 SECONDS EAST,
26 64.92 FEET; THENCE NORTH 53 DEGREES 01 MINUTES 20 SECONDS
27 WEST, 30.54 FEET; THENCE SOUTH 72 DEGREES 01 MINUTES 36
28 SECONDS WEST, 132.59 FEET TO THE CENTER LINE OF MINKLER
29 ROAD; THENCE NORTH 0 DEGREES 27 MINUTES 55 SECONDS WEST,
30 73.38 FEET ALONG SAID CENTER LINE TO THE POINT OF
31 BEGINNING.
32 (Source: P.A. 91-367, eff. 7-30-99; revised 8-16-99.)
33 (735 ILCS 5/7-103.94 new)
-950- LRB9111045EGfg
1 Sec. 7-103.94. Quick-take; DU-COMM at Cloverdale,
2 Illinois. Quick-take proceedings under Section 7-103 may be
3 used for a period of 2 years after July 30, 1999, by DuPage
4 Public Safety Communications (DU-COMM), a unit of
5 intergovernmental cooperation, for the acquisition of
6 property including land, buildings, towers, fixtures, and
7 other improvements located at Cloverdale, Illinois and
8 described as follows:
9 A tract or parcel of land situated in the Southeast
10 Quarter (SE 1/4) of Section Twenty-one (21), Township
11 Forty (40) North, Range Ten (10) East of the Third
12 Principal Meridian, more particularly described as
13 follows:
14 Commencing at the Southwest corner of the
15 Southeast Quarter (SE 1/4) of said Section
16 Twenty-one (21), measure North, along the West line
17 of the Southeast Quarter (SE 1/4) of said Section
18 Twenty-one (21) 1287.35 feet, then East at right
19 angles to the said West line of the Southeast
20 Quarter (SE 1/4) of said Section Twenty-one (21),
21 292.57 feet to the point of beginning;
22 Thence East along the last described course
23 208.71 feet, thence South at right angles to the
24 last described course 208.71 feet, thence West at
25 right angles to the last described course 208.71
26 feet, thence North in a direct line 208.71 feet to
27 the point of beginning; also
28 A right of way and easement thirty-three (33) feet
29 in width for the construction, maintenance, and use of
30 (a) a roadway suitable for vehicular traffic, and (b)
31 such aerial or underground electric power and
32 communication lines as said Company may from time to time
33 desire, consisting of poles, wires, cables, conduits,
34 guys, anchors, and other fixtures and appurtenances, the
-951- LRB9111045EGfg
1 center line of which right of way and easement is
2 described as follows:
3 Commencing at a point on the West line of the
4 tract or parcel of land above described, distant
5 Southerly 16.5 feet from the Northwest corner of
6 said tract or parcel, thence Westerly at right
7 angles to the West line of the Southeast Quarter (SE
8 1/4) of said Section Twenty-one (21), 293 feet more
9 or less to the public road situated on the West line
10 of the Southeast Quarter (SE 1/4) of said Section
11 Twenty-one (21), Township and Range aforesaid.
12 (Source: P.A. 91-367, eff. 7-30-99; revised 8-16-99.)
13 (735 ILCS 5/7-103.95 new)
14 Sec. 7-103.95. Quick-take; City of Crest Hill.
15 Quick-take proceedings under Section 7-103 may be used for a
16 period of 3 years after July 30, 1999, (in the case of the
17 permanent easements described in items (A) and (C)), by the
18 City of Crest Hill, for acquisition of the following
19 easements:
20 (A) Permanent easement for the purposes of
21 installation, maintenance, and use of water or sewer, or
22 both water and sewer, lines in, along, through, and under
23 the following legally described property:
24 The East 70 feet of the North half of the North half
25 of the Southeast Quarter of Section 30, Township 36
26 North, and in Range 10, East of the Third Principal
27 Meridian (Except therefrom the North 12 Rods of the East
28 13 1/2 Rods thereof, and also except the South 99 feet of
29 the East 440 feet thereof), in Will County, Illinois.
30 (B) Temporary easement for purposes of initial
31 construction of the water or sewer, or both water and
32 sewer, lines in, along, through, and under the permanent
33 easement described in item (A). The temporary easement
-952- LRB9111045EGfg
1 herein shall arise on September 1, 1999 and shall cease
2 on August 31, 2001 and is legally described as follows:
3 The East 100 feet of the North half of the North
4 half of the Southeast Quarter of Section 30, Township 36
5 North, and in Range 10, East of the Third Principal
6 Meridian (Except therefrom the North 12 Rods of the East
7 13 1/2 Rods thereof, and also except the South 99 feet of
8 the East 440 feet thereof), in Will County, Illinois.
9 (C) Permanent easement for the purposes of
10 installation, maintenance, and use of water or sewer, or
11 both water and sewer, lines in, along, through, and under
12 the following legally described property:
13 The East 70 feet of the West 120 feet of the South
14 half of the Southeast Quarter of Section 30, in township
15 36 North, and in Range 10 East of the Third Principal
16 Meridian, in Will County, Illinois, excepting therefrom
17 the following described tracts:
18 Exception 1: That part of said South half lying
19 Southwesterly of the Northeasterly right-of-way line of
20 the Elgin, Joliet and Eastern Railway Company, in Will
21 County, Illinois.
22 Exception 2: The West 200 feet of said South half,
23 in Will County, Illinois.
24 Exception 3: That part of the South half of the
25 Southeast Quarter of Section 30, Township 36 North, and
26 in Range 10 East of the Third Principal Meridian,
27 described as follows: Beginning at a point 250 feet East
28 of the West line of said South half of the Southeast
29 Quarter and 180.58 feet North of the South line of said
30 South half of the Southeast Quarter; thence North along a
31 line 250 feet East of and parallel with the West line of
32 said Southeast Quarter a distance of 1004.55 feet to a
33 point; thence Northwesterly along a diagonal line 65.85
34 feet to its intersection with a line drawn 200 feet East
-953- LRB9111045EGfg
1 of and parallel to the West line of said Southeast
2 Quarter, said point also being 100.75 feet South of the
3 North line of the South half of said Southeast Quarter,
4 as measured along said parallel line; thence South along
5 the last described parallel line a distance of 1045.02
6 feet to a point 50 feet West of the point of beginning
7 and 180.58 feet North of the South line of said Southeast
8 Quarter; thence East 50 feet to the point of beginning,
9 in Will County, Illinois.
10 Exception 4: Beginning at the Southeast corner of
11 the Southeast Quarter of Section 30, Township 36 North,
12 and in Range 10 East of the Third Principal Meridian,
13 thence Northerly along the East line of said Section for
14 a distance of 346.5 feet; thence Westerly along a line
15 346.5 feet distant from and parallel with the South line
16 of said Section for a distance of 297 feet; thence
17 Southerly along a line 297 feet distant from and parallel
18 with the East line of said Section for a distance of
19 346.5 feet to a point, said point being on the South line
20 of said Section; thence Easterly along said South line of
21 said Section 297 feet to the point of beginning, in Will
22 County, Illinois.
23 Exception 5: That part dedicated for highway
24 purposes in instrument recorded January 28, 1986 as
25 Document No. R86-03205 described as follows: That part of
26 the South half of the Southeast Quarter of Section 30,
27 Township 36 North, and in Range 10 East of the Third
28 Principal Meridian bounded and described as follows:
29 Beginning at the point of intersection of the
30 Northeasterly right-of-way line of the Elgin, Joliet and
31 Eastern Railway Company with the South line of said
32 Southeast Quarter, thence on an assumed bearing of North
33 90.00 degrees 00 minutes 00 seconds East along said South
34 line a distance of 288.02 feet; thence North 00 degrees
-954- LRB9111045EGfg
1 00 minutes 00 seconds East a distance of 33.0 feet;
2 thence North 86 degrees 25 minutes 22 seconds West a
3 distance of 352.57 feet to the Northeasterly right-of-way
4 line of said railway company; thence South 49 degrees 15
5 minutes 53 seconds East along said Northeasterly
6 right-of-way line, a distance of 84.28 feet to the point
7 of beginning, in Will County, Illinois.
8 Exception 6: The North 850 feet of the East 1025
9 feet of the South half of the Southeast Quarter of
10 Section 30, Township 36 North, and in Range 10 East of
11 the Third Principal Meridian, in Will County, Illinois.
12 (D) Temporary easement for purposes of initial
13 construction of the water or sewer, or both water and
14 sewer, lines in, along, through, and under the permanent
15 easement described in item (C). The temporary easement
16 herein shall arise on September 1, 1999 and shall cease
17 on August 31, 2001 and is legally described as follows:
18 The East 100 feet of the West 150 feet of the South
19 half of the Southeast Quarter of Section 30, in Township
20 36 North, and in Range 10 East of the Third Principal
21 Meridian, in Will County, Illinois, excepting therefrom
22 the following described tracts:
23 Exception 1: That part of said South half lying
24 Southwesterly of the Northeasterly right-of-way line of
25 the Elgin, Joliet and Eastern Railway Company, in Will
26 County, Illinois.
27 Exception 2: The West 200 feet of said South half,
28 in Will County, Illinois.
29 Exception 3: That part of the South half of the
30 Southeast Quarter of Section 30, Township 36 North, and
31 in Range 10 East of the Third Principal Meridian,
32 described as follows: Beginning at a point 250 feet East
33 of the West line of said South half of the Southeast
34 Quarter and 180.58 feet North of the South line of said
-955- LRB9111045EGfg
1 South half of the Southeast Quarter; thence North along a
2 line 250 feet East of and parallel with the West line of
3 said southeast Quarter a distance of 1004.55 feet to a
4 point; thence Northwesterly along a diagonal line 65.85
5 feet to its intersection with a line drawn 200 feet East
6 of and parallel to the West line of said Southeast
7 Quarter, said point also being 100.75 feet South of the
8 North line of the South half of said Southeast Quarter,
9 as measured along said parallel line; thence South along
10 the last described parallel line a distance of 1045.02
11 feet to a point 50 feet West of the point of beginning
12 and 180.58 feet North of the South line of said Southeast
13 Quarter; thence East 50 feet to the point of beginning,
14 in Will County, Illinois.
15 Exception 4: Beginning at the Southeast corner of
16 the Southeast Quarter of Section 30, Township 36 North,
17 and in Range 10 East of the Third Principal Meridian,
18 thence Northerly along the East line of said Section for
19 a distance of 346.5 feet; thence Westerly along a line
20 346.5 feet distant from and parallel with the South line
21 of said Section for a distance of 297 feet; thence
22 Southerly along a line 297 feet distant from and parallel
23 with the East line of said Section for a distance of
24 346.5 feet to a point, said point being on the South line
25 of said Section; thence Easterly along said South line of
26 said Section 297 feet to the point of beginning, in Will
27 County, Illinois.
28 Exception 5: That part dedicated for highway
29 purposes in instrument recorded January 28, 1986 as
30 Document No. R86-03205 described as follows: That part of
31 the South half of the Southeast Quarter of Section 30,
32 Township 36 North, and in Range 10 East of the Third
33 Principal Meridian bounded and described as follows:
34 Beginning at the point of intersection of the
-956- LRB9111045EGfg
1 Northeasterly right-of-way line of the Elgin, Joliet and
2 Eastern Railway Company with the South line of said
3 Southeast Quarter; thence on an assumed bearing of North
4 90.00 degrees 00 minutes 00 seconds East along said South
5 line a distance of 288.02 feet; thence North 00 degrees
6 00 minutes 00 seconds East a distance of 33.0 feet;
7 thence North 86 degrees 25 minutes 22 seconds West a
8 distance of 352.57 feet to the Northeasterly right-of-way
9 line of said railway company; thence South 49 degrees 15
10 minutes 53 seconds East along said Northeasterly
11 right-of-way line, a distance of 84.28 feet to the point
12 of beginning, in Will County, Illinois.
13 Exception 6: The North 850 feet of the East 1025
14 feet of the South half of the Southeast Quarter of
15 Section 30, Township 36 North, and in Range 10 East of
16 the Third Principal Meridian, in Will County, Illinois.
17 (Source: P.A. 91-367, eff. 7-30-99; revised 8-16-99.)
18 (735 ILCS 5/7-103.96 new)
19 Sec. 7-103.96. Quick-take; Village of Palatine.
20 Quick-take proceedings under Section 7-103 may be used for a
21 period of 4 years after July 30, 1999, by the Village of
22 Palatine, for the acquisition of the following described
23 property for the purpose of revitalizing the downtown
24 business area:
25 Lots 1 through 3 in Block D of the Subdivision of the
26 North 24.60 acres in the NE 1/4 of the NE 1/4 of Section 22,
27 Township 42, Range 10 East of the Third Principal Meridian,
28 in Cook County, IL;
29 Property bounded by Bothwell Street, Railroad
30 right-of-way, Plum Grove Road and Chicago Avenue in the
31 Village of Palatine;
32 Lots 1 through 8 in Block K, of the Town of Palatine, a
33 subdivision of the West 16 2/3 acres of the South 31 acres of
-957- LRB9111045EGfg
1 the West 1/2 of the Southwest 1/4 of Section 14 and the
2 Southeast 24.12 acres of the South 31 acres of the East 1/2
3 of the Southeast 1/4 of Section 15, Township 42 North, Range
4 10, East of the Third Principal Meridian, Ante-Fire,
5 Re-recorded April 10, 1877 as Document 129579, in Cook
6 County, Illinois;
7 Property bounded by Wilson Street, Plum Grove Road, Slade
8 Street, Railroad right-of-way and Bothwell Street in the
9 Village of Palatine;
10 Lots 1 through 8 in Block 8 of the Subdivision of part of
11 the East 1/2 of the SE 1/4 Section, Ante-Fire, Re-recorded on
12 April 10, 1877 as Document Number 129579;
13 Lots 20 and 21 and the West 71.25 feet of Lot 24 of
14 Arthur T. McIntosh and Company's Palatine Farms, being a
15 subdivision of Section 16, Township 42, Range 10 East of the
16 Third Principal Meridian, in Cook County, IL, recorded on
17 June 16, 1919;
18 Lots 1 through 3 of Millin's Subdivision of the SE 1/4 of
19 Section 15, Township 42, Range 10 East of the Third
20 Principal Meridian, in Cook County, IL;
21 Property bounded by Colfax Street, Smith Street and
22 Millin's Subdivision of the SE 1/4 of Section 15, Township
23 42, Range 10 East of the Third Principal Meridian, in Cook
24 County, IL;
25 Property bounded by Wood Street, Brockway Street and
26 Railroad right-of-way in the Village of Palatine;
27 Lots 45 through 50 and 58 through 64 of Arthur T.
28 McIntosh and Company's Palatine Farms, being a subdivision of
29 Section 16, Township 42, Range 10 East of the Third Principal
30 Meridian, in Cook County, IL, recorded on June 16, 1919; and
31 Property bounded by Railroad right-of-way, Brockway Street
32 and Slade Street in the Village of Palatine.
33 (Source: P.A. 91-367, eff. 7-30-99; revised 8-16-99.)
-958- LRB9111045EGfg
1 Section 95. The Crime Victims Compensation Act is
2 amended by changing Section 2 as follows:
3 (740 ILCS 45/2) (from Ch. 70, par. 72)
4 Sec. 2. Definitions. As used in this Act, unless the
5 context otherwise requires:
6 (a) "Applicant" means any person who applies for
7 compensation under this Act or any person the Court of Claims
8 finds is entitled to compensation, including the guardian of
9 a minor or of a person under legal disability. It includes
10 any person who was a dependent of a deceased victim of a
11 crime of violence for his or her support at the time of the
12 death of that victim.
13 (b) "Court of Claims" means the Court of Claims created
14 by the Court of Claims Act.
15 (c) "Crime of violence" means and includes any offense
16 defined in Sections 9-1, 9-2, 9-3, 10-1, 10-2, 11-11,
17 11-19.2, 11-20.1, 12-1, 12-2, 12-3, 12-3.2, 12-3.3, 12-4,
18 12-4.1, 12-4.2, 12-4.3, 12-5, 12-13, 12-14, 12-14.1, 12-15,
19 12-16, 12-30, 20-1 or 20-1.1 of the Criminal Code of 1961,
20 and driving under the influence of intoxicating liquor or
21 narcotic drugs as defined in Section 11-501 of the Illinois
22 Vehicle Code, if none of the said offenses occurred during a
23 civil riot, insurrection or rebellion. "Crime of violence"
24 does not include any other offense or accident involving a
25 motor vehicle except those vehicle offenses specifically
26 provided for in this paragraph. "Crime of violence" does
27 include all of the offenses specifically provided for in this
28 paragraph that occur within this State but are subject to
29 federal jurisdiction and crimes involving terrorism as
30 defined in 18 U.S.C. 2331.
31 (d) "Victim" means (1) a person killed or injured in
32 this State as a result of a crime of violence perpetrated or
33 attempted against him or her, (2) the parent of a child
-959- LRB9111045EGfg
1 killed or injured in this State as a result of a crime of
2 violence perpetrated or attempted against the child, (3) a
3 person killed or injured in this State while attempting to
4 assist a person against whom a crime of violence is being
5 perpetrated or attempted, if that attempt of assistance would
6 be expected of a reasonable man under the circumstances, (4)
7 a person killed or injured in this State while assisting a
8 law enforcement official apprehend a person who has
9 perpetrated a crime of violence or prevent the perpetration
10 of any such crime if that assistance was in response to the
11 express request of the law enforcement official, (5) a person
12 under the age of 18 who personally witnessed a violent crime
13 perpetrated or attempted against a relative, (5.1) solely for
14 the purpose of compensating for pecuniary loss incurred for
15 psychological treatment of a mental or emotional condition
16 caused or aggravated by the crime, any other person under the
17 age of 18 who is the brother, sister, half brother, half
18 sister, or child of a person killed or injured in this State
19 as a result of a crime of violence, or (6) an Illinois
20 resident who is a victim of a "crime of violence" as defined
21 in this Act except, if the crime occurred outside this State,
22 the resident has the same rights under this Act as if the
23 crime had occurred in this State upon a showing that the
24 state, territory, country, or political subdivision of a
25 country in which the crime occurred does not have a
26 compensation of victims of crimes law for which that Illinois
27 resident is eligible.
28 (e) "Dependent" means a relative of a deceased victim
29 who was wholly or partially dependent upon the victim's
30 income at the time of his or her death and shall include the
31 child of a victim born after his or her death.
32 (f) "Relative" means a spouse, parent, grandparent,
33 stepfather, stepmother, child, grandchild, brother,
34 brother-in-law, sister, sister-in-law, half brother, half
-960- LRB9111045EGfg
1 sister, spouse's parent, nephew, niece, uncle or aunt.
2 (g) "Child" means an unmarried son or daughter who is
3 under 18 years of age and includes a stepchild, an adopted
4 child or an illegitimate child.
5 (h) "Pecuniary loss" means, in the case of injury,
6 appropriate medical expenses and hospital expenses including
7 expenses of medical examinations, rehabilitation, medically
8 required nursing care expenses, appropriate psychiatric care
9 or psychiatric counseling expenses, expenses for care or
10 counseling by a licensed clinical psychologist or licensed
11 clinical social worker and expenses for treatment by
12 Christian Science practitioners and nursing care appropriate
13 thereto; prosthetic appliances, eyeglasses, and hearing aids
14 necessary or damaged as a result of the crime; the purchase,
15 lease, or rental of equipment necessary to create usability
16 of and accessibility to the victim's real and personal
17 property, or the real and personal property which is used by
18 the victim, necessary as a result of the crime; replacement
19 services loss, to a maximum of $1000 per month; dependents
20 replacement services loss, to a maximum of $1000 per month;
21 loss of tuition paid to attend grammar school or high school
22 when the victim had been enrolled as a full-time student
23 prior to the injury, or college or graduate school when the
24 victim had been enrolled as a full-time day or night student
25 prior to the injury when the victim becomes unable to
26 continue attendance at school as a result of the crime of
27 violence perpetrated against him or her; loss of earnings,
28 loss of future earnings because of disability resulting from
29 the injury, and, in addition, in the case of death, funeral
30 and burial expenses to a maximum of $5,000 and loss of
31 support of the dependents of the victim. Loss of future
32 earnings shall be reduced by any income from substitute work
33 actually performed by the victim or by income he or she would
34 have earned in available appropriate substitute work he or
-961- LRB9111045EGfg
1 she was capable of performing but unreasonably failed to
2 undertake. Loss of earnings, loss of future earnings and
3 loss of support shall be determined on the basis of the
4 victim's average net monthly earnings for the 6 months
5 immediately preceding the date of the injury or on $1000 per
6 month, whichever is less. If a divorced or legally separated
7 applicant is claiming loss of support for a minor child of
8 the deceased, the amount of support for each child shall be
9 based either on the amount of support the minor child
10 received pursuant to the judgment for the 6 months prior to
11 the date of the deceased victim's injury or death, or, if the
12 subject of pending litigation filed by or on behalf of the
13 divorced or legally separated applicant prior to the injury
14 or death, on the result of that litigation. Real and
15 personal property includes, but is not limited to, vehicles,
16 houses, apartments, town houses, or condominiums. Pecuniary
17 loss does not include pain and suffering or property loss or
18 damage.
19 (i) "Replacement services loss" means expenses
20 reasonably incurred in obtaining ordinary and necessary
21 services in lieu of those the permanently injured person
22 would have performed, not for income, but for the benefit of
23 himself or herself or his or her family, if he or she had not
24 been permanently injured.
25 (j) "Dependents replacement services loss" means loss
26 reasonably incurred by dependents after a victim's death in
27 obtaining ordinary and necessary services in lieu of those
28 the victim would have performed, not for income, but for
29 their benefit, if he or she had not been fatally injured.
30 (Source: P.A. 90-136, eff. 1-1-98; 90-492, eff. 8-17-97;
31 90-655, eff. 7-30-98; 90-708, eff. 8-7-98; 91-258, eff.
32 1-1-00; 91-445, eff. 1-1-00; revised 10-14-99.)
33 Section 96. The Illinois Marriage and Dissolution of
-962- LRB9111045EGfg
1 Marriage Act is amended by changing Sections 505, 705, 709,
2 and 713 as follows:
3 (750 ILCS 5/505) (from Ch. 40, par. 505)
4 (Text of Section before amendment by P.A. 91-655)
5 Sec. 505. Child support; contempt; penalties.
6 (a) In a proceeding for dissolution of marriage, legal
7 separation, declaration of invalidity of marriage, a
8 proceeding for child support following dissolution of the
9 marriage by a court which lacked personal jurisdiction over
10 the absent spouse, a proceeding for modification of a
11 previous order for child support under Section 510 of this
12 Act, or any proceeding authorized under Section 501 or 601 of
13 this Act, the court may order either or both parents owing a
14 duty of support to a child of the marriage to pay an amount
15 reasonable and necessary for his support, without regard to
16 marital misconduct. The duty of support owed to a minor
17 child includes the obligation to provide for the reasonable
18 and necessary physical, mental and emotional health needs of
19 the child.
20 (1) The Court shall determine the minimum amount of
21 support by using the following guidelines:
22 Number of Children Percent of Supporting Party's
23 Net Income
24 1 20%
25 2 25%
26 3 32%
27 4 40%
28 5 45%
29 6 or more 50%
30 (2) The above guidelines shall be applied in each
31 case unless the court makes a finding that application of
32 the guidelines would be inappropriate, after considering
33 the best interests of the child in light of evidence
-963- LRB9111045EGfg
1 including but not limited to one or more of the following
2 relevant factors:
3 (a) the financial resources and needs of the
4 child;
5 (b) the financial resources and needs of the
6 custodial parent;
7 (c) the standard of living the child would
8 have enjoyed had the marriage not been dissolved;
9 (d) the physical and emotional condition of
10 the child, and his educational needs; and
11 (e) the financial resources and needs of the
12 non-custodial parent.
13 If the court deviates from the guidelines, the
14 court's finding shall state the amount of support that
15 would have been required under the guidelines, if
16 determinable. The court shall include the reason or
17 reasons for the variance from the guidelines.
18 (3) "Net income" is defined as the total of all
19 income from all sources, minus the following deductions:
20 (a) Federal income tax (properly calculated
21 withholding or estimated payments);
22 (b) State income tax (properly calculated
23 withholding or estimated payments);
24 (c) Social Security (FICA payments);
25 (d) Mandatory retirement contributions
26 required by law or as a condition of employment;
27 (e) Union dues;
28 (f) Dependent and individual
29 health/hospitalization insurance premiums;
30 (g) Prior obligations of support or
31 maintenance actually paid pursuant to a court order;
32 (h) Expenditures for repayment of debts that
33 represent reasonable and necessary expenses for the
34 production of income, medical expenditures necessary
-964- LRB9111045EGfg
1 to preserve life or health, reasonable expenditures
2 for the benefit of the child and the other parent,
3 exclusive of gifts. The court shall reduce net
4 income in determining the minimum amount of support
5 to be ordered only for the period that such payments
6 are due and shall enter an order containing
7 provisions for its self-executing modification upon
8 termination of such payment period.
9 (4) In cases where the court order provides for
10 health/hospitalization insurance coverage pursuant to
11 Section 505.2 of this Act, the premiums for that
12 insurance, or that portion of the premiums for which the
13 supporting party is responsible in the case of insurance
14 provided through an employer's health insurance plan
15 where the employer pays a portion of the premiums, shall
16 be subtracted from net income in determining the minimum
17 amount of support to be ordered.
18 (4.5) In a proceeding for child support following
19 dissolution of the marriage by a court that lacked
20 personal jurisdiction over the absent spouse, and in
21 which the court is requiring payment of support for the
22 period before the date an order for current support is
23 entered, there is a rebuttable presumption that the
24 supporting party's net income for the prior period was
25 the same as his or her net income at the time the order
26 for current support is entered.
27 (5) If the net income cannot be determined because
28 of default or any other reason, the court shall order
29 support in an amount considered reasonable in the
30 particular case. The final order in all cases shall
31 state the support level in dollar amounts.
32 (a-5) In an action to enforce an order for support based
33 on the respondent's failure to make support payments as
34 required by the order, notice of proceedings to hold the
-965- LRB9111045EGfg
1 respondent in contempt for that failure may be served on the
2 respondent by personal service or by regular mail addressed
3 to the respondent's last known address. The respondent's
4 last known address may be determined from records of the
5 clerk of the court, from the Federal Case Registry of Child
6 Support Orders, or by any other reasonable means.
7 (b) Failure of either parent to comply with an order to
8 pay support shall be punishable as in other cases of
9 contempt. In addition to other penalties provided by law the
10 Court may, after finding the parent guilty of contempt, order
11 that the parent be:
12 (1) placed on probation with such conditions of
13 probation as the Court deems advisable;
14 (2) sentenced to periodic imprisonment for a period
15 not to exceed 6 months; provided, however, that the Court
16 may permit the parent to be released for periods of time
17 during the day or night to:
18 (A) work; or
19 (B) conduct a business or other self-employed
20 occupation.
21 The Court may further order any part or all of the
22 earnings of a parent during a sentence of periodic
23 imprisonment paid to the Clerk of the Circuit Court or to the
24 parent having custody or to the guardian having custody of
25 the minor children of the sentenced parent for the support of
26 said minor children until further order of the Court.
27 If there is a unity of interest and ownership sufficient
28 to render no financial separation between a non-custodial
29 parent and another person or persons or business entity, the
30 court may pierce the ownership veil of the person, persons,
31 or business entity to discover assets of the non-custodial
32 parent held in the name of that person, those persons, or
33 that business entity. The following circumstances are
34 sufficient to authorize a court to order discovery of the
-966- LRB9111045EGfg
1 assets of a person, persons, or business entity and to compel
2 the application of any discovered assets toward payment on
3 the judgment for support:
4 (1) the non-custodial parent and the person,
5 persons, or business entity maintain records together.
6 (2) the non-custodial parent and the person,
7 persons, or business entity fail to maintain an arms
8 length relationship between themselves with regard to any
9 assets.
10 (3) the non-custodial parent transfers assets to
11 the person, persons, or business entity with the intent
12 to perpetrate a fraud on the custodial parent.
13 With respect to assets which are real property, no order
14 entered under this paragraph shall affect the rights of bona
15 fide purchasers, mortgagees, judgment creditors, or other
16 lien holders who acquire their interests in the property
17 prior to the time a notice of lis pendens pursuant to the
18 Code of Civil Procedure or a copy of the order is placed of
19 record in the office of the recorder of deeds for the county
20 in which the real property is located.
21 The court may also order in cases where the parent is 90
22 days or more delinquent in payment of support or has been
23 adjudicated in arrears in an amount equal to 90 days
24 obligation or more, that the parent's Illinois driving
25 privileges be suspended until the court determines that the
26 parent is in compliance with the order of support. The court
27 may also order that the parent be issued a family financial
28 responsibility driving permit that would allow limited
29 driving privileges for employment and medical purposes in
30 accordance with Section 7-702.1 of the Illinois Vehicle Code.
31 The clerk of the circuit court shall certify the order
32 suspending the driving privileges of the parent or granting
33 the issuance of a family financial responsibility driving
34 permit to the Secretary of State on forms prescribed by the
-967- LRB9111045EGfg
1 Secretary. Upon receipt of the authenticated documents, the
2 Secretary of State shall suspend the parent's driving
3 privileges until further order of the court and shall, if
4 ordered by the court, subject to the provisions of Section
5 7-702.1 of the Illinois Vehicle Code, issue a family
6 financial responsibility driving permit to the parent.
7 In addition to the penalties or punishment that may be
8 imposed under this Section, any person whose conduct
9 constitutes a violation of Section 15 1 of the Non-Support
10 Punishment of Spouse and Children Act may be prosecuted under
11 that Act Section, and a person convicted under that Act
12 Section may be sentenced in accordance with that Act Section.
13 The sentence may include but need not be limited to a
14 requirement that the person perform community service under
15 Section 50 subsection (b) of that Act Section or participate
16 in a work alternative program under Section 50 subsection (c)
17 of that Act Section. A person may not be required to
18 participate in a work alternative program under Section 50
19 subsection (c) of that Act Section if the person is currently
20 participating in a work program pursuant to Section 505.1 of
21 this Act.
22 A support obligation, or any portion of a support
23 obligation, which becomes due and remains unpaid for 30 days
24 or more shall accrue interest at the rate of 9% per annum.
25 (c) A one-time charge of 20% is imposable upon the
26 amount of past-due child support owed on July 1, 1988 which
27 has accrued under a support order entered by the court. The
28 charge shall be imposed in accordance with the provisions of
29 Section 10-21 of the Illinois Public Aid Code and shall be
30 enforced by the court upon petition.
31 (d) Any new or existing support order entered by the
32 court under this Section shall be deemed to be a series of
33 judgments against the person obligated to pay support
34 thereunder, each such judgment to be in the amount of each
-968- LRB9111045EGfg
1 payment or installment of support and each such judgment to
2 be deemed entered as of the date the corresponding payment or
3 installment becomes due under the terms of the support order.
4 Each such judgment shall have the full force, effect and
5 attributes of any other judgment of this State, including the
6 ability to be enforced. A lien arises by operation of law
7 against the real and personal property of the noncustodial
8 parent for each installment of overdue support owed by the
9 noncustodial parent.
10 (e) When child support is to be paid through the clerk
11 of the court in a county of 1,000,000 inhabitants or less,
12 the order shall direct the obligor to pay to the clerk, in
13 addition to the child support payments, all fees imposed by
14 the county board under paragraph (3) of subsection (u) of
15 Section 27.1 of the Clerks of Courts Act. Unless paid in
16 cash or pursuant to an order for withholding, the payment of
17 the fee shall be by a separate instrument from the support
18 payment and shall be made to the order of the Clerk.
19 (f) All orders for support, when entered or modified,
20 shall include a provision requiring the obligor to notify the
21 court and, in cases in which a party is receiving child and
22 spouse services under Article X of the Illinois Public Aid
23 Code, the Illinois Department of Public Aid, within 7 days,
24 (i) of the name and address of any new employer of the
25 obligor, (ii) whether the obligor has access to health
26 insurance coverage through the employer or other group
27 coverage and, if so, the policy name and number and the names
28 of persons covered under the policy, and (iii) of any new
29 residential or mailing address or telephone number of the
30 non-custodial parent. In any subsequent action to enforce a
31 support order, upon a sufficient showing that a diligent
32 effort has been made to ascertain the location of the
33 non-custodial parent, service of process or provision of
34 notice necessary in the case may be made at the last known
-969- LRB9111045EGfg
1 address of the non-custodial parent in any manner expressly
2 provided by the Code of Civil Procedure or this Act, which
3 service shall be sufficient for purposes of due process.
4 (g) An order for support shall include a date on which
5 the current support obligation terminates. The termination
6 date shall be no earlier than the date on which the child
7 covered by the order will attain the age of majority or is
8 otherwise emancipated. The order for support shall state that
9 the termination date does not apply to any arrearage that may
10 remain unpaid on that date. Nothing in this subsection shall
11 be construed to prevent the court from modifying the order.
12 (h) An order entered under this Section shall include a
13 provision requiring the obligor to report to the obligee and
14 to the clerk of court within 10 days each time the obligor
15 obtains new employment, and each time the obligor's
16 employment is terminated for any reason. The report shall be
17 in writing and shall, in the case of new employment, include
18 the name and address of the new employer. Failure to report
19 new employment or the termination of current employment, if
20 coupled with nonpayment of support for a period in excess of
21 60 days, is indirect criminal contempt. For any obligor
22 arrested for failure to report new employment bond shall be
23 set in the amount of the child support that should have been
24 paid during the period of unreported employment. An order
25 entered under this Section shall also include a provision
26 requiring the obligor and obligee parents to advise each
27 other of a change in residence within 5 days of the change
28 except when the court finds that the physical, mental, or
29 emotional health of a party or that of a minor child, or
30 both, would be seriously endangered by disclosure of the
31 party's address.
32 (Source: P.A. 90-18, eff. 7-1-97; 90-476, eff. 1-1-98;
33 90-539, eff. 6-1-98; 90-655, eff. 7-30-98; 90-733, eff.
34 8-11-98; 91-113, eff. 7-15-99; 91-397, eff. 1-1-00; revised
-970- LRB9111045EGfg
1 10-13-99.)
2 (Text of Section after amendment by P.A. 91-655)
3 Sec. 505. Child support; contempt; penalties.
4 (a) In a proceeding for dissolution of marriage, legal
5 separation, declaration of invalidity of marriage, a
6 proceeding for child support following dissolution of the
7 marriage by a court which lacked personal jurisdiction over
8 the absent spouse, a proceeding for modification of a
9 previous order for child support under Section 510 of this
10 Act, or any proceeding authorized under Section 501 or 601 of
11 this Act, the court may order either or both parents owing a
12 duty of support to a child of the marriage to pay an amount
13 reasonable and necessary for his support, without regard to
14 marital misconduct. The duty of support owed to a minor
15 child includes the obligation to provide for the reasonable
16 and necessary physical, mental and emotional health needs of
17 the child.
18 (1) The Court shall determine the minimum amount of
19 support by using the following guidelines:
20 Number of Children Percent of Supporting Party's
21 Net Income
22 1 20%
23 2 25%
24 3 32%
25 4 40%
26 5 45%
27 6 or more 50%
28 (2) The above guidelines shall be applied in each
29 case unless the court makes a finding that application of
30 the guidelines would be inappropriate, after considering
31 the best interests of the child in light of evidence
32 including but not limited to one or more of the following
33 relevant factors:
34 (a) the financial resources and needs of the
-971- LRB9111045EGfg
1 child;
2 (b) the financial resources and needs of the
3 custodial parent;
4 (c) the standard of living the child would
5 have enjoyed had the marriage not been dissolved;
6 (d) the physical and emotional condition of
7 the child, and his educational needs; and
8 (e) the financial resources and needs of the
9 non-custodial parent.
10 If the court deviates from the guidelines, the
11 court's finding shall state the amount of support that
12 would have been required under the guidelines, if
13 determinable. The court shall include the reason or
14 reasons for the variance from the guidelines.
15 (3) "Net income" is defined as the total of all
16 income from all sources, minus the following deductions:
17 (a) Federal income tax (properly calculated
18 withholding or estimated payments);
19 (b) State income tax (properly calculated
20 withholding or estimated payments);
21 (c) Social Security (FICA payments);
22 (d) Mandatory retirement contributions
23 required by law or as a condition of employment;
24 (e) Union dues;
25 (f) Dependent and individual
26 health/hospitalization insurance premiums;
27 (g) Prior obligations of support or
28 maintenance actually paid pursuant to a court order;
29 (h) Expenditures for repayment of debts that
30 represent reasonable and necessary expenses for the
31 production of income, medical expenditures necessary
32 to preserve life or health, reasonable expenditures
33 for the benefit of the child and the other parent,
34 exclusive of gifts. The court shall reduce net
-972- LRB9111045EGfg
1 income in determining the minimum amount of support
2 to be ordered only for the period that such payments
3 are due and shall enter an order containing
4 provisions for its self-executing modification upon
5 termination of such payment period.
6 (4) In cases where the court order provides for
7 health/hospitalization insurance coverage pursuant to
8 Section 505.2 of this Act, the premiums for that
9 insurance, or that portion of the premiums for which the
10 supporting party is responsible in the case of insurance
11 provided through an employer's health insurance plan
12 where the employer pays a portion of the premiums, shall
13 be subtracted from net income in determining the minimum
14 amount of support to be ordered.
15 (4.5) In a proceeding for child support following
16 dissolution of the marriage by a court that lacked
17 personal jurisdiction over the absent spouse, and in
18 which the court is requiring payment of support for the
19 period before the date an order for current support is
20 entered, there is a rebuttable presumption that the
21 supporting party's net income for the prior period was
22 the same as his or her net income at the time the order
23 for current support is entered.
24 (5) If the net income cannot be determined because
25 of default or any other reason, the court shall order
26 support in an amount considered reasonable in the
27 particular case. The final order in all cases shall
28 state the support level in dollar amounts. However, if
29 the court finds that the child support amount cannot be
30 expressed exclusively as a dollar amount because all or a
31 portion of the payor's net income is uncertain as to
32 source, time of payment, or amount, the court may order a
33 percentage amount of support in addition to a specific
34 dollar amount and enter such other orders as may be
-973- LRB9111045EGfg
1 necessary to determine and enforce, on a timely basis,
2 the applicable support ordered.
3 (a-5) In an action to enforce an order for support based
4 on the respondent's failure to make support payments as
5 required by the order, notice of proceedings to hold the
6 respondent in contempt for that failure may be served on the
7 respondent by personal service or by regular mail addressed
8 to the respondent's last known address. The respondent's
9 last known address may be determined from records of the
10 clerk of the court, from the Federal Case Registry of Child
11 Support Orders, or by any other reasonable means.
12 (b) Failure of either parent to comply with an order to
13 pay support shall be punishable as in other cases of
14 contempt. In addition to other penalties provided by law the
15 Court may, after finding the parent guilty of contempt, order
16 that the parent be:
17 (1) placed on probation with such conditions of
18 probation as the Court deems advisable;
19 (2) sentenced to periodic imprisonment for a period
20 not to exceed 6 months; provided, however, that the Court
21 may permit the parent to be released for periods of time
22 during the day or night to:
23 (A) work; or
24 (B) conduct a business or other self-employed
25 occupation.
26 The Court may further order any part or all of the
27 earnings of a parent during a sentence of periodic
28 imprisonment paid to the Clerk of the Circuit Court or to the
29 parent having custody or to the guardian having custody of
30 the minor children of the sentenced parent for the support of
31 said minor children until further order of the Court.
32 If there is a unity of interest and ownership sufficient
33 to render no financial separation between a non-custodial
34 parent and another person or persons or business entity, the
-974- LRB9111045EGfg
1 court may pierce the ownership veil of the person, persons,
2 or business entity to discover assets of the non-custodial
3 parent held in the name of that person, those persons, or
4 that business entity. The following circumstances are
5 sufficient to authorize a court to order discovery of the
6 assets of a person, persons, or business entity and to compel
7 the application of any discovered assets toward payment on
8 the judgment for support:
9 (1) the non-custodial parent and the person,
10 persons, or business entity maintain records together.
11 (2) the non-custodial parent and the person,
12 persons, or business entity fail to maintain an arms
13 length relationship between themselves with regard to any
14 assets.
15 (3) the non-custodial parent transfers assets to
16 the person, persons, or business entity with the intent
17 to perpetrate a fraud on the custodial parent.
18 With respect to assets which are real property, no order
19 entered under this paragraph shall affect the rights of bona
20 fide purchasers, mortgagees, judgment creditors, or other
21 lien holders who acquire their interests in the property
22 prior to the time a notice of lis pendens pursuant to the
23 Code of Civil Procedure or a copy of the order is placed of
24 record in the office of the recorder of deeds for the county
25 in which the real property is located.
26 The court may also order in cases where the parent is 90
27 days or more delinquent in payment of support or has been
28 adjudicated in arrears in an amount equal to 90 days
29 obligation or more, that the parent's Illinois driving
30 privileges be suspended until the court determines that the
31 parent is in compliance with the order of support. The court
32 may also order that the parent be issued a family financial
33 responsibility driving permit that would allow limited
34 driving privileges for employment and medical purposes in
-975- LRB9111045EGfg
1 accordance with Section 7-702.1 of the Illinois Vehicle Code.
2 The clerk of the circuit court shall certify the order
3 suspending the driving privileges of the parent or granting
4 the issuance of a family financial responsibility driving
5 permit to the Secretary of State on forms prescribed by the
6 Secretary. Upon receipt of the authenticated documents, the
7 Secretary of State shall suspend the parent's driving
8 privileges until further order of the court and shall, if
9 ordered by the court, subject to the provisions of Section
10 7-702.1 of the Illinois Vehicle Code, issue a family
11 financial responsibility driving permit to the parent.
12 In addition to the penalties or punishment that may be
13 imposed under this Section, any person whose conduct
14 constitutes a violation of Section 15 1 of the Non-Support
15 Punishment of Spouse and Children Act may be prosecuted under
16 that Act Section, and a person convicted under that Act
17 Section may be sentenced in accordance with that Act Section.
18 The sentence may include but need not be limited to a
19 requirement that the person perform community service under
20 Section 50 subsection (b) of that Act Section or participate
21 in a work alternative program under Section 50 subsection (c)
22 of that Act Section. A person may not be required to
23 participate in a work alternative program under Section 50
24 subsection (c) of that Act Section if the person is currently
25 participating in a work program pursuant to Section 505.1 of
26 this Act.
27 A support obligation, or any portion of a support
28 obligation, which becomes due and remains unpaid for 30 days
29 or more shall accrue interest at the rate of 9% per annum.
30 (c) A one-time charge of 20% is imposable upon the
31 amount of past-due child support owed on July 1, 1988 which
32 has accrued under a support order entered by the court. The
33 charge shall be imposed in accordance with the provisions of
34 Section 10-21 of the Illinois Public Aid Code and shall be
-976- LRB9111045EGfg
1 enforced by the court upon petition.
2 (d) Any new or existing support order entered by the
3 court under this Section shall be deemed to be a series of
4 judgments against the person obligated to pay support
5 thereunder, each such judgment to be in the amount of each
6 payment or installment of support and each such judgment to
7 be deemed entered as of the date the corresponding payment or
8 installment becomes due under the terms of the support order.
9 Each such judgment shall have the full force, effect and
10 attributes of any other judgment of this State, including the
11 ability to be enforced. A lien arises by operation of law
12 against the real and personal property of the noncustodial
13 parent for each installment of overdue support owed by the
14 noncustodial parent.
15 (e) When child support is to be paid through the clerk
16 of the court in a county of 1,000,000 inhabitants or less,
17 the order shall direct the obligor to pay to the clerk, in
18 addition to the child support payments, all fees imposed by
19 the county board under paragraph (3) of subsection (u) of
20 Section 27.1 of the Clerks of Courts Act. Unless paid in
21 cash or pursuant to an order for withholding, the payment of
22 the fee shall be by a separate instrument from the support
23 payment and shall be made to the order of the Clerk.
24 (f) All orders for support, when entered or modified,
25 shall include a provision requiring the obligor to notify the
26 court and, in cases in which a party is receiving child and
27 spouse services under Article X of the Illinois Public Aid
28 Code, the Illinois Department of Public Aid, within 7 days,
29 (i) of the name and address of any new employer of the
30 obligor, (ii) whether the obligor has access to health
31 insurance coverage through the employer or other group
32 coverage and, if so, the policy name and number and the names
33 of persons covered under the policy, and (iii) of any new
34 residential or mailing address or telephone number of the
-977- LRB9111045EGfg
1 non-custodial parent. In any subsequent action to enforce a
2 support order, upon a sufficient showing that a diligent
3 effort has been made to ascertain the location of the
4 non-custodial parent, service of process or provision of
5 notice necessary in the case may be made at the last known
6 address of the non-custodial parent in any manner expressly
7 provided by the Code of Civil Procedure or this Act, which
8 service shall be sufficient for purposes of due process.
9 (g) An order for support shall include a date on which
10 the current support obligation terminates. The termination
11 date shall be no earlier than the date on which the child
12 covered by the order will attain the age of majority or is
13 otherwise emancipated. The order for support shall state
14 that the termination date does not apply to any arrearage
15 that may remain unpaid on that date. Nothing in this
16 subsection shall be construed to prevent the court from
17 modifying the order.
18 (h) An order entered under this Section shall include a
19 provision requiring the obligor to report to the obligee and
20 to the clerk of court within 10 days each time the obligor
21 obtains new employment, and each time the obligor's
22 employment is terminated for any reason. The report shall be
23 in writing and shall, in the case of new employment, include
24 the name and address of the new employer. Failure to report
25 new employment or the termination of current employment, if
26 coupled with nonpayment of support for a period in excess of
27 60 days, is indirect criminal contempt. For any obligor
28 arrested for failure to report new employment bond shall be
29 set in the amount of the child support that should have been
30 paid during the period of unreported employment. An order
31 entered under this Section shall also include a provision
32 requiring the obligor and obligee parents to advise each
33 other of a change in residence within 5 days of the change
34 except when the court finds that the physical, mental, or
-978- LRB9111045EGfg
1 emotional health of a party or that of a minor child, or
2 both, would be seriously endangered by disclosure of the
3 party's address.
4 (Source: P.A. 90-18, eff. 7-1-97; 90-476, eff. 1-1-98;
5 90-539, eff. 6-1-98; 90-655, eff. 7-30-98; 90-733, eff.
6 8-11-98; 91-113, eff. 7-15-99; 91-397, eff. 1-1-00; 91-655,
7 eff. 6-1-00; revised 12-29-99.)
8 (750 ILCS 5/705) (from Ch. 40, par. 705)
9 Sec. 705. Support payments; receiving and disbursing
10 agents.
11 (1) The provisions of this Section shall apply, except
12 as provided in Sections 709 through 712.
13 (2) In a dissolution of marriage action filed in a
14 county of less than 3 million population in which an order or
15 judgment for child support is entered, and in supplementary
16 proceedings in any such county to enforce or vary the terms
17 of such order or judgment arising out of an action for
18 dissolution of marriage filed in such county, the court,
19 except as it otherwise orders, under subsection (4) of this
20 Section, may direct that child support payments be made to
21 the clerk of the court.
22 (3) In a dissolution of marriage action filed in any
23 county of 3 million or more population in which an order or
24 judgment for child support is entered, and in supplementary
25 proceedings in any such county to enforce or vary the terms
26 of such order or judgment arising out of an action for
27 dissolution of marriage filed in such county, the court,
28 except as it otherwise orders under subsection (4) of this
29 Section, may direct that child support payments be made
30 either to the clerk of the court or to the Court Service
31 Division of the County Department of Public Aid. After the
32 effective date of this Act, the court, except as it otherwise
33 orders under subsection (4) of this Section, may direct that
-979- LRB9111045EGfg
1 child support payments be made either to the clerk of the
2 court or to the Illinois Department of Public Aid.
3 (4) In a dissolution of marriage action or supplementary
4 proceedings involving maintenance or child support payments,
5 or both, to persons who are recipients of aid under the
6 Illinois Public Aid Code, the court shall direct that such
7 payments be made to (a) the Illinois Department of Public Aid
8 if the persons are recipients under Articles III, IV, or V of
9 the Code, or (b) the local governmental unit responsible for
10 their support if they are recipients under Articles VI or VII
11 of the Code. In accordance with federal law and regulations,
12 the Illinois Department of Public Aid may continue to collect
13 current maintenance payments or child support payments, or
14 both, after those persons cease to receive public assistance
15 and until termination of services under Article X of the
16 Illinois Public Aid Code. The Illinois Department of Public
17 Aid shall pay the net amount collected to those persons after
18 deducting any costs incurred in making the collection or any
19 collection fee from the amount of any recovery made. The
20 order shall permit the Illinois Department of Public Aid or
21 the local governmental unit, as the case may be, to direct
22 that payments be made directly to the former spouse, the
23 children, or both, or to some person or agency in their
24 behalf, upon removal of the former spouse or children from
25 the public aid rolls or upon termination of services under
26 Article X of the Illinois Public Aid Code; and upon such
27 direction, the Illinois Department or local governmental
28 unit, as the case requires, shall give notice of such action
29 to the court in writing or by electronic transmission.
30 (5) All clerks of the court and the Court Service
31 Division of a County Department of Public Aid and, after the
32 effective date of this Act, all clerks of the court and the
33 Illinois Department of Public Aid, receiving child support
34 payments under subsections (2) and (3) of this Section shall
-980- LRB9111045EGfg
1 disburse the payments to the person or persons entitled
2 thereto under the terms of the order or judgment. They shall
3 establish and maintain current records of all moneys received
4 and disbursed and of defaults and delinquencies in required
5 payments. The court, by order or rule, shall make provision
6 for the carrying out of these duties.
7 Upon notification in writing or by electronic
8 transmission from the Illinois Department of Public Aid to
9 the clerk of the court that a person who is receiving support
10 payments under this Section is receiving services under the
11 Child Support Enforcement Program established by Title IV-D
12 of the Social Security Act, any support payments subsequently
13 received by the clerk of the court shall be transmitted in
14 accordance with the instructions of the Illinois Department
15 of Public Aid until the Department gives notice to the clerk
16 of the court to cease the transmittal. After providing the
17 notification authorized under this paragraph, the Illinois
18 Department of Public Aid shall be entitled as a party to
19 notice of any further proceedings in the case. The clerk of
20 the court shall file a copy of the Illinois Department of
21 Public Aid's notification in the court file. The failure of
22 the clerk to file a copy of the notification in the court
23 file shall not, however, affect the Illinois Department of
24 Public Aid's right to receive notice of further proceedings.
25 Payments under this Section to the Illinois Department of
26 Public Aid pursuant to the Child Support Enforcement Program
27 established by Title IV-D of the Social Security Act shall be
28 paid into the Child Support Enforcement Trust Fund. All
29 payments under this Section to the Illinois Department of
30 Human Services shall be deposited in the DHS Recoveries Trust
31 Fund. Disbursements from these funds shall be as provided in
32 the Illinois Public Aid Code. Payments received by a local
33 governmental unit shall be deposited in that unit's General
34 Assistance Fund. Any order of court directing payment of
-981- LRB9111045EGfg
1 child support to a clerk of court or the Court Service
2 Division of a County Department of Public Aid, which order
3 has been entered on or after August 14, 1961, and prior to
4 the effective date of this Act, may be amended by the court
5 in line with this Act; and orders involving payments of
6 maintenance or child support to recipients of public aid may
7 in like manner be amended to conform to this Act.
8 (6) No filing fee or costs will be required in any
9 action brought at the request of the Illinois Department of
10 Public Aid in any proceeding under this Act. However, any
11 such fees or costs may be assessed by the court against the
12 respondent in the court's order of support or any
13 modification thereof in a proceeding under this Act.
14 (7) For those cases in which child support is payable to
15 the clerk of the circuit court for transmittal to the
16 Illinois Department of Public Aid by order of court or upon
17 notification by the Illinois Department of Public Aid, the
18 clerk shall transmit all such payments, within 4 working days
19 of receipt, to insure that funds are available for immediate
20 distribution by the Department to the person or entity
21 entitled thereto in accordance with standards of the Child
22 Support Enforcement Program established under Title IV-D of
23 the Social Security Act. The clerk shall notify the
24 Department of the date of receipt and amount thereof at the
25 time of transmittal. Where the clerk has entered into an
26 agreement of cooperation with the Department to record the
27 terms of child support orders and payments made thereunder
28 directly into the Department's automated data processing
29 system, the clerk shall account for, transmit and otherwise
30 distribute child support payments in accordance with such
31 agreement in lieu of the requirements contained herein.
32 In any action filed in a county with a population of
33 1,000,000 or less, the court shall assess against the
34 respondent in any order of maintenance or child support any
-982- LRB9111045EGfg
1 sum up to $36 annually authorized by ordinance of the county
2 board to be collected by the clerk of the court as costs for
3 administering the collection and disbursement of maintenance
4 and child support payments. Such sum shall be in addition to
5 and separate from amounts ordered to be paid as maintenance
6 or child support.
7 (8) To the extent the provisions of this Section are
8 inconsistent with the requirements pertaining to the State
9 Disbursement Unit under Section 507.1 of this Act and Section
10 10-26 of the Illinois Public Aid Code, the requirements
11 pertaining to the State Disbursement Unit shall apply.
12 (Source: P.A. 90-18, eff. 7-1-97; 90-673, eff. 1-1-99;
13 90-790, eff. 8-14-98; 91-24, eff. 7-1-99; 91-212, eff.
14 7-20-99; 91-357, eff. 7-29-99; revised 8-31-99.)
15 (750 ILCS 5/709) (from Ch. 40, par. 709)
16 Sec. 709. Mandatory child support payments to clerk.
17 (a) As of January 1, 1982, child support orders entered
18 in any county covered by this subsection shall be made
19 pursuant to the provisions of Sections 709 through 712 of
20 this Act. For purposes of these Sections, the term "child
21 support payment" or "payment" shall include any payment
22 ordered to be made solely for the purpose of the support of a
23 child or children or any payment ordered for general support
24 which includes any amount for support of any child or
25 children.
26 The provisions of Sections 709 through 712 shall be
27 applicable to any county with a population of 2 million or
28 more and to any other county which notifies the Supreme Court
29 of its desire to be included within the coverage of these
30 Sections and is certified pursuant to Supreme Court Rules.
31 The effective date of inclusion, however, shall be
32 subject to approval of the application for reimbursement of
33 the costs of the support program by the Department of Public
-983- LRB9111045EGfg
1 Aid as provided in Section 712.
2 (b) In any proceeding for a dissolution of marriage,
3 legal separation, or declaration of invalidity of marriage,
4 or in any supplementary proceedings in which a judgment or
5 modification thereof for the payment of child support is
6 entered on or after January 1, 1982, in any county covered by
7 Sections 709 through 712, and the person entitled to payment
8 is receiving a grant of financial aid under Article IV of the
9 Illinois Public Aid Code or has applied and qualified for
10 support services under Section 10-1 of that Code, the court
11 shall direct: (1) that such payments be made to the clerk of
12 the court and (2) that the parties affected shall each
13 thereafter notify the clerk of any change of address or
14 change in other conditions that may affect the administration
15 of the order, including the fact that a party who was
16 previously not on public aid has become a recipient of public
17 aid, within 10 days of such change. All notices sent to the
18 obligor's last known address on file with the clerk shall be
19 deemed sufficient to proceed with enforcement pursuant to the
20 provisions of Sections 709 through 712.
21 In all other cases, the court may direct that payments be
22 made to the clerk of the court.
23 (c) Except as provided in subsection (d) of this
24 Section, the clerk shall disburse the payments to the person
25 or persons entitled thereto under the terms of the order or
26 judgment.
27 (d) The court shall determine, prior to the entry of the
28 support order, if the party who is to receive the support is
29 presently receiving public aid or has a current application
30 for public aid pending and shall enter the finding on the
31 record.
32 If the person entitled to payment is a recipient of aid
33 under the Illinois Public Aid Code, the clerk, upon being
34 informed of this fact by finding of the court, by
-984- LRB9111045EGfg
1 notification by the party entitled to payment, by the
2 Illinois Department of Public Aid or by the local
3 governmental unit, shall make all payments to: (1) the
4 Illinois Department of Public Aid if the person is a
5 recipient under Article III, IV, or V of the Code or (2) the
6 local governmental unit responsible for his or her support if
7 the person is a recipient under Article VI or VII of the
8 Code. In accordance with federal law and regulations, the
9 Illinois Department of Public Aid may continue to collect
10 current maintenance payments or child support payments, or
11 both, after those persons cease to receive public assistance
12 and until termination of services under Article X of the
13 Illinois Public Aid Code. The Illinois Department of Public
14 Aid shall pay the net amount collected to those persons after
15 deducting any costs incurred in making the collection or any
16 collection fee from the amount of any recovery made. Upon
17 termination of public aid payments to such a recipient or
18 termination of services under Article X of the Illinois
19 Public Aid Code, the Illinois Department of Public Aid or the
20 appropriate local governmental unit shall notify the clerk in
21 writing or by electronic transmission that all subsequent
22 payments are to be sent directly to the person entitled
23 thereto.
24 Upon notification in writing or by electronic
25 transmission from the Illinois Department of Public Aid to
26 the clerk of the court that a person who is receiving support
27 payments under this Section is receiving services under the
28 Child Support Enforcement Program established by Title IV-D
29 of the Social Security Act, any support payments subsequently
30 received by the clerk of the court shall be transmitted in
31 accordance with the instructions of the Illinois Department
32 of Public Aid until the Department gives notice to the clerk
33 of the court to cease the transmittal. After providing the
34 notification authorized under this paragraph, the Illinois
-985- LRB9111045EGfg
1 Department of Public Aid shall be entitled as a party to
2 notice of any further proceedings in the case. The clerk of
3 the court shall file a copy of the Illinois Department of
4 Public Aid's notification in the court file. The failure of
5 the clerk to file a copy of the notification in the court
6 file shall not, however, affect the Illinois Department of
7 Public Aid's right to receive notice of further proceedings.
8 Payments under this Section to the Illinois Department of
9 Public Aid pursuant to the Child Support Enforcement Program
10 established by Title IV-D of the Social Security Act shall be
11 paid into the Child Support Enforcement Trust Fund. All
12 payments under this Section to the Illinois Department of
13 Human Services shall be deposited in the DHS Recoveries Trust
14 Fund. Disbursements from these funds shall be as provided in
15 the Illinois Public Aid Code. Payments received by a local
16 governmental unit shall be deposited in that unit's General
17 Assistance Fund.
18 (e) Any order or judgment may be amended by the court,
19 upon its own motion or upon the motion of either party, to
20 conform with the provisions of Sections 709 through 712,
21 either as to the requirement of making payments to the clerk
22 or, where payments are already being made to the clerk, as to
23 the statutory fees provided for under Section 711.
24 (f) The clerk may invest in any interest bearing account
25 or in any securities, monies collected for the benefit of a
26 payee, where such payee cannot be found; however, the
27 investment may be only for the period until the clerk is able
28 to locate and present the payee with such monies. The clerk
29 may invest in any interest bearing account, or in any
30 securities, monies collected for the benefit of any other
31 payee; however, this does not alter the clerk's obligation to
32 make payments to the payee in a timely manner. Any interest
33 or capital gains accrued shall be for the benefit of the
34 county and shall be paid into the special fund established in
-986- LRB9111045EGfg
1 subsection (b) of Section 711.
2 (g) The clerk shall establish and maintain a payment
3 record of all monies received and disbursed and such record
4 shall constitute prima facie evidence of such payment and
5 non-payment, as the case may be.
6 (h) For those cases in which child support is payable to
7 the clerk of the circuit court for transmittal to the
8 Illinois Department of Public Aid by order of court or upon
9 notification by the Illinois Department of Public Aid, the
10 clerk shall transmit all such payments, within 4 working days
11 of receipt, to insure that funds are available for immediate
12 distribution by the Department to the person or entity
13 entitled thereto in accordance with standards of the Child
14 Support Enforcement Program established under Title IV-D of
15 the Social Security Act. The clerk shall notify the
16 Department of the date of receipt and amount thereof at the
17 time of transmittal. Where the clerk has entered into an
18 agreement of cooperation with the Department to record the
19 terms of child support orders and payments made thereunder
20 directly into the Department's automated data processing
21 system, the clerk shall account for, transmit and otherwise
22 distribute child support payments in accordance with such
23 agreement in lieu of the requirements contained herein.
24 (i) To the extent the provisions of this Section are
25 inconsistent with the requirements pertaining to the State
26 Disbursement Unit under Section 507.1 of this Act and Section
27 10-26 of the Illinois Public Aid Code, the requirements
28 pertaining to the State Disbursement Unit shall apply.
29 (Source: P.A. 91-24, eff. 7-1-99; 91-212, eff. 7-20-99;
30 revised 9-28-99.)
31 (750 ILCS 5/713) (from Ch. 40, par. 713)
32 Sec. 713. Attachment of the Body. As used in this
33 Section, "obligor" has the same meaning ascribed to such term
-987- LRB9111045EGfg
1 in the Income Withholding for Support Act.
2 (a) In any proceeding to enforce an order for support,
3 where the obligor has failed to appear in court pursuant to
4 order of court and after due notice thereof, the court may
5 enter an order for the attachment of the body of the obligor.
6 Notices under this Section shall be served upon the obligor
7 by any means authorized under subsection (a-5) of Section
8 505. The attachment order shall fix an amount of escrow
9 which is equal to a minimum of 20% of the total child support
10 arrearage alleged by the obligee in sworn testimony to be due
11 and owing. The attachment order shall direct the Sheriff of
12 any county in Illinois to take the obligor into custody and
13 shall set the number of days following release from custody
14 for a hearing to be held at which the obligor must appear, if
15 he is released under subsection (b) (c) of this Section.
16 (b) If the obligor is taken into custody, the Sheriff
17 shall take the obligor before the court which entered the
18 attachment order. However, the Sheriff may release the
19 person after he or she has deposited the amount of escrow
20 ordered by the court pursuant to local procedures for the
21 posting of bond. The Sheriff shall advise the obligor of the
22 hearing date at which the obligor is required to appear.
23 (c) Any escrow deposited pursuant to this Section shall
24 be transmitted to the Clerk of the Circuit Court for the
25 county in which the order for attachment of the body of the
26 obligor was entered. Any Clerk who receives money deposited
27 into escrow pursuant to this Section shall notify the
28 obligee, public office or legal counsel whose name appears on
29 the attachment order of the court date at which the obligor
30 is required to appear and the amount deposited into escrow.
31 The Clerk shall disburse such money to the obligee only under
32 an order from the court that entered the attachment order
33 pursuant to this Section.
34 (d) Whenever an obligor is taken before the court by the
-988- LRB9111045EGfg
1 Sheriff, or appears in court after the court has ordered the
2 attachment of his body, the court shall:
3 (1) hold a hearing on the complaint or petition
4 that gave rise to the attachment order. For purposes of
5 determining arrearages that are due and owing by the
6 obligor, the court shall accept the previous sworn
7 testimony of the obligee as true and the appearance of
8 the obligee shall not be required. The court shall
9 require sworn testimony of the obligor as to his or her
10 Social Security number, income, employment, bank
11 accounts, property and any other assets. If there is a
12 dispute as to the total amount of arrearages, the court
13 shall proceed as in any other case as to the undisputed
14 amounts; and
15 (2) order the Clerk of the Circuit Court to
16 disburse to the obligee or public office money held in
17 escrow pursuant to this Section if the court finds that
18 the amount of arrearages exceeds the amount of the
19 escrow. Amounts received by the obligee or public office
20 shall be deducted from the amount of the arrearages.
21 (e) If the obligor fails to appear in court after being
22 notified of the court date by the Sheriff upon release from
23 custody, the court shall order any monies deposited into
24 escrow to be immediately released to the obligee or public
25 office and shall proceed under subsection (a) of this Section
26 by entering another order for the attachment of the body of
27 the obligor.
28 (f) This Section shall apply to any order for support
29 issued under the "Illinois Marriage and Dissolution of
30 Marriage Act", approved September 22, 1977, as amended; the
31 "Illinois Parentage Act of 1984", effective July 1, 1985, as
32 amended; the "Revised Uniform Reciprocal Enforcement of
33 Support Act", approved August 28, 1969, as amended; "The
34 Illinois Public Aid Code", approved April 11, 1967, as
-989- LRB9111045EGfg
1 amended; the Non-Support Punishment Act; and the "Non-support
2 of Spouse and Children Act", approved June 8, 1953, as
3 amended.
4 (g) Any escrow established pursuant to this Section for
5 the purpose of providing support shall not be subject to fees
6 collected by the Clerk of the Circuit Court for any other
7 escrow.
8 (Source: P.A. 90-673, eff. 1-1-99; 91-113, eff. 7-15-99;
9 91-613, eff. 10-1-99; revised 10-7-99.)
10 Section 97. The Non-Support Punishment Act is amended by
11 changing adding Section 23 and changing Section 60 as
12 follows:
13 (750 ILCS 16/23 new)
14 Sec. 23. Interest on support obligations. A support
15 obligation, or any portion of a support obligation, which
16 becomes due and remains unpaid for 30 days or more shall
17 accrue interest at the rate of 9% per annum.
18 (Source: Incorporates P.A. 91-397, eff. 1-1-00; revised
19 10-1-99.)
20 (750 ILCS 16/60)
21 Sec. 60. Unemployed persons owing duty of support.
22 (a) Whenever it is determined in a proceeding to
23 establish or enforce a child support or maintenance
24 obligation that the person owing a duty of support is
25 unemployed, the court may order the person to seek employment
26 and report periodically to the court with a diary, listing or
27 other memorandum of his or her efforts in accordance with
28 such order. Additionally, the court may order the unemployed
29 person to report to the Department of Employment Security for
30 job search services or to make application with the local Job
31 Jobs Training Partnership Act provider for participation in
-990- LRB9111045EGfg
1 job search, training, or work programs and where the duty of
2 support is owed to a child receiving support services under
3 Article X of the Illinois Public Aid Code the court may order
4 the unemployed person to report to the Illinois Department of
5 Public Aid for participation in job search, training, or work
6 programs established under Section 9-6 and Article IXA of
7 that Code.
8 (b) Whenever it is determined that a person owes past
9 due support for a child or for a child and the parent with
10 whom the child is living, and the child is receiving
11 assistance under the Illinois Public Aid Code, the court
12 shall order at the request of the Illinois Department of
13 Public Aid:
14 (1) that the person pay the past-due support in
15 accordance with a plan approved by the court; or
16 (2) if the person owing past-due support is
17 unemployed, is subject to such a plan, and is not
18 incapacitated, that the person participate in such job
19 search, training, or work programs established under
20 Section 9-6 and Article IXA of the Illinois Public Aid
21 Code as the court deems appropriate.
22 (Source: P.A. 91-613, eff. 10-1-99; revised 10-1-99.)
23 Section 98. The Illinois Parentage Act of 1984 is
24 amended by changing Sections 6, 15, and 21 as follows:
25 (750 ILCS 45/6) (from Ch. 40, par. 2506)
26 Sec. 6. Establishment of Parent and Child Relationship
27 by Consent of the Parties.
28 (a) A parent and child relationship may be established
29 voluntarily by the signing and witnessing of a voluntary
30 acknowledgment of parentage in accordance with Section 12 of
31 the Vital Records Act or Section 10-17.7 of the Illinois
32 Public Aid Code. The voluntary acknowledgment of parentage
-991- LRB9111045EGfg
1 shall contain the social security numbers of the persons
2 signing the voluntary acknowledgment of parentage; however,
3 failure to include the social security numbers of the persons
4 signing a voluntary acknowledgment of parentage does not
5 invalidate the voluntary acknowledgment of parentage.
6 (1) A parent-child relationship may be established
7 in the event of surrogacy if all of the following
8 conditions are met prior to the birth of the child:
9 (A) The surrogate mother certifies that she is
10 not the biological mother of the child, and that she
11 is carrying the child of the biological father
12 (sperm donor) and of the biological mother (egg
13 donor).
14 (B) The husband, if any, of the surrogate
15 mother certifies that he is not the biological
16 father of the child and that the child is that of
17 the biological father (sperm donor) and of the
18 biological mother (egg donor).
19 (C) The biological mother certifies that she
20 donated the egg from which the child being carried
21 by the surrogate mother was conceived.
22 (D) The biological father certifies that he
23 donated the sperm from which the child being carried
24 by the surrogate mother was conceived.
25 (E) A physician licensed to practice medicine
26 in all its branches in the State of Illinois
27 certifies that the child being carried by the
28 surrogate mother is the biological child of the
29 biological mother (egg donor) and biological father
30 (sperm donor), and that neither the surrogate mother
31 nor the surrogate mother's husband, if any, is a
32 biological parent of the child being carried by the
33 surrogate mother.
34 (F) All certifications shall be in writing and
-992- LRB9111045EGfg
1 witnessed by 2 competent adults who are not the
2 surrogate mother, surrogate mother's husband, if
3 any, biological mother, or biological father.
4 Certifications shall be on forms prescribed by the
5 Illinois Department of Public Health, shall be
6 executed prior to the birth of the child, and shall
7 be placed in the medical records of the surrogate
8 mother prior to the birth of the child. Copies of
9 all certifications shall be delivered to the
10 Illinois Department of Public Health prior to the
11 birth of the child.
12 (2) Unless otherwise determined by order of the
13 Circuit Court, the child shall be presumed to be the
14 child of the surrogate mother and of the surrogate
15 mother's husband, if any, if all requirements of
16 subdivision (a)(1) are not met prior to the birth of the
17 child. This presumption may be rebutted by clear and
18 convincing evidence. The circuit court may order the
19 surrogate mother, surrogate mother's husband, biological
20 mother, biological father, and child to submit to such
21 medical examinations and testing as the court deems
22 appropriate.
23 (b) Notwithstanding any other provisions of this Act,
24 paternity established in accordance with subsection (a) has
25 the full force and effect of a judgment entered under this
26 Act and serves as a basis for seeking a child support order
27 without any further proceedings to establish paternity.
28 (c) A judicial or administrative proceeding to ratify
29 paternity established in accordance with subsection (a) is
30 neither required nor permitted.
31 (d) A signed acknowledgment of paternity entered under
32 this Act may be challenged in court only on the basis of
33 fraud, duress, or material mistake of fact, with the burden
34 of proof upon the challenging party. Pending outcome of the
-993- LRB9111045EGfg
1 challenge to the acknowledgment of paternity, the legal
2 responsibilities of the signatories shall remain in full
3 force and effect, except upon order of the court upon a
4 showing of good cause.
5 (e) Once a parent and child relationship is established
6 in accordance with subsection (a), an order for support may
7 be established pursuant to a petition to establish an order
8 for support by consent filed with the clerk of the circuit
9 court. A copy of the properly completed acknowledgment of
10 parentage form shall be attached to the petition. The
11 petition shall ask that the circuit court enter an order for
12 support. The petition may ask that an order for visitation,
13 custody, or guardianship be entered. The filing and
14 appearance fees provided under the Clerks of Courts Act shall
15 be waived for all cases in which an acknowledgment of
16 parentage form has been properly completed by the parties and
17 in which a petition to establish an order for support by
18 consent has been filed with the clerk of the circuit court.
19 This subsection shall not be construed to prohibit filing any
20 petition for child support, visitation, or custody under this
21 Act, the Illinois Marriage and Dissolution of Marriage Act,
22 or the Non-Support Punishment Act. This subsection shall
23 also not be construed to prevent the establishment of an
24 administrative support order in cases involving persons
25 receiving child support enforcement services under Article X
26 of the Illinois Public Aid Code.
27 (Source: P.A. 90-18, eff. 7-1-97; 91-308, eff. 7-29-99;
28 91-613, eff. 10-1-99; revised 9-28-99.)
29 (750 ILCS 45/15) (from Ch. 40, par. 2515)
30 Sec. 15. Enforcement of Judgment or Order.
31 (a) If existence of the parent and child relationship is
32 declared, or paternity or duty of support has been
33 established under this Act or under prior law or under the
-994- LRB9111045EGfg
1 law of any other jurisdiction, the judgment rendered
2 thereunder may be enforced in the same or other proceedings
3 by any party or any person or agency that has furnished or
4 may furnish financial assistance or services to the child.
5 The Income Withholding for Support Act and Sections 14 and 16
6 of this Act shall also be applicable with respect to entry,
7 modification and enforcement of any support judgment entered
8 under provisions of the "Paternity Act", approved July 5,
9 1957, as amended, repealed July 1, 1985.
10 (b) Failure to comply with any order of the court shall
11 be punishable as contempt as in other cases of failure to
12 comply under the "Illinois Marriage and Dissolution of
13 Marriage Act", as now or hereafter amended. In addition to
14 other penalties provided by law, the court may, after finding
15 the party guilty of contempt, order that the party be:
16 (1) Placed on probation with such conditions of
17 probation as the court deems advisable;
18 (2) Sentenced to periodic imprisonment for a period
19 not to exceed 6 months. However, the court may permit
20 the party to be released for periods of time during the
21 day or night to work or conduct business or other
22 self-employed occupation. The court may further order
23 any part of all the earnings of a party during a sentence
24 of periodic imprisonment to be paid to the Clerk of the
25 Circuit Court or to the person or parent having custody
26 of the minor child for the support of said child until
27 further order of the court.
28 (2.5) The court may also pierce the ownership veil
29 of a person, persons, or business entity to discover
30 assets of a non-custodial parent held in the name of that
31 person, those persons, or that business entity if there
32 is a unity of interest and ownership sufficient to render
33 no financial separation between the non-custodial parent
34 and that person, those persons, or the business entity.
-995- LRB9111045EGfg
1 The following circumstances are sufficient for a court to
2 order discovery of the assets of a person, persons, or
3 business entity and to compel the application of any
4 discovered assets toward payment on the judgment for
5 support:
6 (A) the non-custodial parent and the person,
7 persons, or business entity maintain records
8 together.
9 (B) the non-custodial parent and the person,
10 persons, or business entity fail to maintain an arms
11 length relationship between themselves with regard
12 to any assets.
13 (C) the non-custodial parent transfers assets
14 to the person, persons, or business entity with the
15 intent to perpetrate a fraud on the custodial
16 parent.
17 With respect to assets which are real property, no
18 order entered under this subdivision (2.5) shall affect
19 the rights of bona fide purchasers, mortgagees, judgment
20 creditors, or other lien holders who acquire their
21 interests in the property prior to the time a notice of
22 lis pendens pursuant to the Code of Civil Procedure or a
23 copy of the order is placed of record in the office of
24 the recorder of deeds for the county in which the real
25 property is located.
26 (3) The court may also order that in cases where
27 the party is 90 days or more delinquent in payment of
28 support or has been adjudicated in arrears in an amount
29 equal to 90 days obligation or more, that the party's
30 Illinois driving privileges be suspended until the court
31 determines that the party is in compliance with the
32 judgement or duty of support. The court may also order
33 that the parent be issued a family financial
34 responsibility driving permit that would allow limited
-996- LRB9111045EGfg
1 driving privileges for employment and medical purposes in
2 accordance with Section 7-702.1 of the Illinois Vehicle
3 Code. The clerk of the circuit court shall certify the
4 order suspending the driving privileges of the parent or
5 granting the issuance of a family financial
6 responsibility driving permit to the Secretary of State
7 on forms prescribed by the Secretary. Upon receipt of the
8 authenticated documents, the Secretary of State shall
9 suspend the party's driving privileges until further
10 order of the court and shall, if ordered by the court,
11 subject to the provisions of Section 7-702.1 of the
12 Illinois Vehicle Code, issue a family financial
13 responsibility driving permit to the parent.
14 In addition to the penalties or punishment that may be
15 imposed under this Section, any person whose conduct
16 constitutes a violation of Section 15 1 of the Non-Support
17 Punishment of Spouse and Children Act may be prosecuted under
18 that Act Section, and a person convicted under that Act
19 Section may be sentenced in accordance with that Act Section.
20 The sentence may include but need not be limited to a
21 requirement that the person perform community service under
22 Section 50 subsection (b) of that Act Section or participate
23 in a work alternative program under Section 50 subsection (c)
24 of that Act Section. A person may not be required to
25 participate in a work alternative program under Section 50
26 subsection (c) of that Act Section if the person is currently
27 participating in a work program pursuant to Section 15.1 of
28 this Act.
29 (c) In any post-judgment proceeding to enforce or modify
30 the judgment the parties shall continue to be designated as
31 in the original proceeding.
32 (Source: P.A. 90-476, eff. 1-1-98; 90-673, eff. 1-1-99;
33 90-733, eff. 8-11-98; 91-357, eff. 7-29-99; revised
34 10-13-99.)
-997- LRB9111045EGfg
1 (750 ILCS 45/21) (from Ch. 40, par. 2521)
2 Sec. 21. Support payments; receiving and disbursing
3 agents.
4 (1) In an action filed in a county of less than 3
5 million population in which an order for child support is
6 entered, and in supplementary proceedings in such a county to
7 enforce or vary the terms of such order arising out of an
8 action filed in such a county, the court, except in actions
9 or supplementary proceedings in which the pregnancy and
10 delivery expenses of the mother or the child support payments
11 are for a recipient of aid under the Illinois Public Aid
12 Code, shall direct that child support payments be made to the
13 clerk of the court unless in the discretion of the court
14 exceptional circumstances warrant otherwise. In cases where
15 payment is to be made to persons other than the clerk of the
16 court the judgment or order of support shall set forth the
17 facts of the exceptional circumstances.
18 (2) In an action filed in a county of 3 million or more
19 population in which an order for child support is entered,
20 and in supplementary proceedings in such a county to enforce
21 or vary the terms of such order arising out of an action
22 filed in such a county, the court, except in actions or
23 supplementary proceedings in which the pregnancy and delivery
24 expenses of the mother or the child support payments are for
25 a recipient of aid under the Illinois Public Aid Code, shall
26 direct that child support payments be made either to the
27 clerk of the court or to the Court Service Division of the
28 County Department of Public Aid, or to the clerk of the court
29 or to the Illinois Department of Public Aid, unless in the
30 discretion of the court exceptional circumstances warrant
31 otherwise. In cases where payment is to be made to persons
32 other than the clerk of the court, the Court Service Division
33 of the County Department of Public Aid, or the Illinois
34 Department of Public Aid, the judgment or order of support
-998- LRB9111045EGfg
1 shall set forth the facts of the exceptional circumstances.
2 (3) Where the action or supplementary proceeding is in
3 behalf of a mother for pregnancy and delivery expenses or for
4 child support, or both, and the mother, child, or both, are
5 recipients of aid under the Illinois Public Aid Code, the
6 court shall order that the payments be made directly to (a)
7 the Illinois Department of Public Aid if the mother or child,
8 or both, are recipients under Articles IV or V of the Code,
9 or (b) the local governmental unit responsible for the
10 support of the mother or child, or both, if they are
11 recipients under Articles VI or VII of the Code. In
12 accordance with federal law and regulations, the Illinois
13 Department of Public Aid may continue to collect current
14 maintenance payments or child support payments, or both,
15 after those persons cease to receive public assistance and
16 until termination of services under Article X of the Illinois
17 Public Aid Code. The Illinois Department of Public Aid shall
18 pay the net amount collected to those persons after deducting
19 any costs incurred in making the collection or any collection
20 fee from the amount of any recovery made. The Illinois
21 Department of Public Aid or the local governmental unit, as
22 the case may be, may direct that payments be made directly to
23 the mother of the child, or to some other person or agency in
24 the child's behalf, upon the removal of the mother and child
25 from the public aid rolls or upon termination of services
26 under Article X of the Illinois Public Aid Code; and upon
27 such direction, the Illinois Department or the local
28 governmental unit, as the case requires, shall give notice of
29 such action to the court in writing or by electronic
30 transmission.
31 (4) All clerks of the court and the Court Service
32 Division of a County Department of Public Aid and the
33 Illinois Department of Public Aid, receiving child support
34 payments under paragraphs (1) or (2) shall disburse the same
-999- LRB9111045EGfg
1 to the person or persons entitled thereto under the terms of
2 the order. They shall establish and maintain clear and
3 current records of all moneys received and disbursed and of
4 defaults and delinquencies in required payments. The court,
5 by order or rule, shall make provision for the carrying out
6 of these duties.
7 Upon notification in writing or by electronic
8 transmission from the Illinois Department of Public Aid to
9 the clerk of the court that a person who is receiving support
10 payments under this Section is receiving services under the
11 Child Support Enforcement Program established by Title IV-D
12 of the Social Security Act, any support payments subsequently
13 received by the clerk of the court shall be transmitted in
14 accordance with the instructions of the Illinois Department
15 of Public Aid until the Department gives notice to cease the
16 transmittal. After providing the notification authorized
17 under this paragraph, the Illinois Department of Public Aid
18 shall be entitled as a party to notice of any further
19 proceedings in the case. The clerk of the court shall file a
20 copy of the Illinois Department of Public Aid's notification
21 in the court file. The failure of the clerk to file a copy
22 of the notification in the court file shall not, however,
23 affect the Illinois Department of Public Aid's right to
24 receive notice of further proceedings.
25 Payments under this Section to the Illinois Department of
26 Public Aid pursuant to the Child Support Enforcement Program
27 established by Title IV-D of the Social Security Act shall be
28 paid into the Child Support Enforcement Trust Fund. All
29 payments under this Section to the Illinois Department of
30 Human Services shall be deposited in the DHS Recoveries Trust
31 Fund. Disbursement from these funds shall be as provided in
32 the Illinois Public Aid Code. Payments received by a local
33 governmental unit shall be deposited in that unit's General
34 Assistance Fund.
-1000- LRB9111045EGfg
1 (5) The moneys received by persons or agencies
2 designated by the court shall be disbursed by them in
3 accordance with the order. However, the court, on petition
4 of the state's attorney, may enter new orders designating the
5 clerk of the court or the Illinois Department of Public Aid,
6 as the person or agency authorized to receive and disburse
7 child support payments and, in the case of recipients of
8 public aid, the court, on petition of the Attorney General or
9 State's Attorney, shall direct subsequent payments to be paid
10 to the Illinois Department of Public Aid or to the
11 appropriate local governmental unit, as provided in paragraph
12 (3). Payments of child support by principals or sureties on
13 bonds, or proceeds of any sale for the enforcement of a
14 judgment shall be made to the clerk of the court, the
15 Illinois Department of Public Aid or the appropriate local
16 governmental unit, as the respective provisions of this
17 Section require.
18 (6) For those cases in which child support is payable to
19 the clerk of the circuit court for transmittal to the
20 Illinois Department of Public Aid by order of court or upon
21 notification by the Illinois Department of Public Aid, the
22 clerk shall transmit all such payments, within 4 working days
23 of receipt, to insure that funds are available for immediate
24 distribution by the Department to the person or entity
25 entitled thereto in accordance with standards of the Child
26 Support Enforcement Program established under Title IV-D of
27 the Social Security Act. The clerk shall notify the
28 Department of the date of receipt and amount thereof at the
29 time of transmittal. Where the clerk has entered into an
30 agreement of cooperation with the Department to record the
31 terms of child support orders and payments made thereunder
32 directly into the Department's automated data processing
33 system, the clerk shall account for, transmit and otherwise
34 distribute child support payments in accordance with such
-1001- LRB9111045EGfg
1 agreement in lieu of the requirements contained herein.
2 (7) To the extent the provisions of this Section are
3 inconsistent with the requirements pertaining to the State
4 Disbursement Unit under Section 21.1 of this Act and Section
5 10-26 of the Illinois Public Aid Code, the requirements
6 pertaining to the State Disbursement Unit shall apply.
7 (Source: P.A. 90-18, eff. 7-1-97; 90-673, eff. 1-1-99;
8 90-790, eff. 8-14-98; 91-24, eff. 7-1-99; 91-212, eff.
9 7-20-99; 91-357, eff. 7-29-99; revised 9-1-99.)
10 Section 99. The Adoption Act is amended by changing
11 Sections 1 and 6 as follows:
12 (750 ILCS 50/1) (from Ch. 40, par. 1501)
13 Sec. 1. Definitions. When used in this Act, unless the
14 context otherwise requires:
15 A. "Child" means a person under legal age subject to
16 adoption under this Act.
17 B. "Related child" means a child subject to adoption
18 where either or both of the adopting parents stands in any of
19 the following relationships to the child by blood or
20 marriage: parent, grand-parent, brother, sister, step-parent,
21 step-grandparent, step-brother, step-sister, uncle, aunt,
22 great-uncle, great-aunt, or cousin of first degree. A child
23 whose parent has executed a final irrevocable consent to
24 adoption or a final irrevocable surrender for purposes of
25 adoption, or whose parent has had his or her parental rights
26 terminated, is not a related child to that person, unless the
27 consent is determined to be void or is void pursuant to
28 subsection O of Section 10.
29 C. "Agency" for the purpose of this Act means a public
30 child welfare agency or a licensed child welfare agency.
31 D. "Unfit person" means any person whom the court shall
32 find to be unfit to have a child, without regard to the
-1002- LRB9111045EGfg
1 likelihood that the child will be placed for adoption. The
2 grounds of unfitness are any one or more of the following:
3 (a) Abandonment of the child.
4 (a-1) Abandonment of a newborn infant in a
5 hospital.
6 (a-2) Abandonment of a newborn infant in any
7 setting where the evidence suggests that the parent
8 intended to relinquish his or her parental rights.
9 (b) Failure to maintain a reasonable degree of
10 interest, concern or responsibility as to the child's
11 welfare.
12 (c) Desertion of the child for more than 3 months
13 next preceding the commencement of the Adoption
14 proceeding.
15 (d) Substantial neglect of the child if continuous
16 or repeated.
17 (d-1) Substantial neglect, if continuous or
18 repeated, of any child residing in the household which
19 resulted in the death of that child.
20 (e) Extreme or repeated cruelty to the child.
21 (f) Two or more findings of physical abuse to any
22 children under Section 4-8 of the Juvenile Court Act or
23 Section 2-21 of the Juvenile Court Act of 1987, the most
24 recent of which was determined by the juvenile court
25 hearing the matter to be supported by clear and
26 convincing evidence; a criminal conviction or a finding
27 of not guilty by reason of insanity resulting from the
28 death of any child by physical child abuse; or a finding
29 of physical child abuse resulting from the death of any
30 child under Section 4-8 of the Juvenile Court Act or
31 Section 2-21 of the Juvenile Court Act of 1987.
32 (g) Failure to protect the child from conditions
33 within his environment injurious to the child's welfare.
34 (h) Other neglect of, or misconduct toward the
-1003- LRB9111045EGfg
1 child; provided that in making a finding of unfitness the
2 court hearing the adoption proceeding shall not be bound
3 by any previous finding, order or judgment affecting or
4 determining the rights of the parents toward the child
5 sought to be adopted in any other proceeding except such
6 proceedings terminating parental rights as shall be had
7 under either this Act, the Juvenile Court Act or the
8 Juvenile Court Act of 1987.
9 (i) Depravity. Conviction of any one of the
10 following crimes shall create a presumption that a parent
11 is depraved which can be overcome only by clear and
12 convincing evidence: (1) first degree murder in violation
13 of paragraph 1 or 2 of subsection (a) of Section 9-1 of
14 the Criminal Code of 1961 or conviction of second degree
15 murder in violation of subsection (a) of Section 9-2 of
16 the Criminal Code of 1961 of a parent of the child to be
17 adopted; (2) first degree murder or second degree murder
18 of any child in violation of the Criminal Code of 1961;
19 (3) attempt or conspiracy to commit first degree murder
20 or second degree murder of any child in violation of the
21 Criminal Code of 1961; (4) solicitation to commit murder
22 of any child, solicitation to commit murder of any child
23 for hire, or solicitation to commit second degree murder
24 of any child in violation of the Criminal Code of 1961;
25 or (5) aggravated criminal sexual assault in violation of
26 Section 12-14(b)(1) of the Criminal Code of 1961.
27 There is a rebuttable presumption that a parent is
28 depraved if the parent has been criminally convicted of
29 at least 3 felonies under the laws of this State or any
30 other state, or under federal law, or the criminal laws
31 of any United States territory; and at least one of these
32 convictions took place within 5 years of the filing of
33 the petition or motion seeking termination of parental
34 rights.
-1004- LRB9111045EGfg
1 There is a rebuttable presumption that a parent is
2 depraved if that parent has been criminally convicted of
3 either first or second degree murder of any person as
4 defined in the Criminal Code of 1961 within 10 years of
5 the filing date of the petition or motion to terminate
6 parental rights.
7 (j) Open and notorious adultery or fornication.
8 (j-1) (Blank).
9 (k) Habitual drunkenness or addiction to drugs,
10 other than those prescribed by a physician, for at least
11 one year immediately prior to the commencement of the
12 unfitness proceeding.
13 There is a rebuttable presumption that a parent is
14 unfit under this subsection with respect to any child to
15 which that parent gives birth where there is a confirmed
16 test result that at birth the child's blood, urine, or
17 meconium contained any amount of a controlled substance
18 as defined in subsection (f) of Section 102 of the
19 Illinois Controlled Substances Act or metabolites of such
20 substances, the presence of which in the newborn infant
21 was not the result of medical treatment administered to
22 the mother or the newborn infant; and the biological
23 mother of this child is the biological mother of at least
24 one other child who was adjudicated a neglected minor
25 under subsection (c) of Section 2-3 of the Juvenile Court
26 Act of 1987.
27 (l) Failure to demonstrate a reasonable degree of
28 interest, concern or responsibility as to the welfare of
29 a new born child during the first 30 days after its
30 birth.
31 (m) Failure by a parent (i) to make reasonable
32 efforts to correct the conditions that were the basis for
33 the removal of the child from the parent, or (ii) to make
34 reasonable progress toward the return of the child to the
-1005- LRB9111045EGfg
1 parent within 9 months after an adjudication of neglected
2 or abused minor under Section 2-3 of the Juvenile Court
3 Act of 1987 or dependent minor under Section 2-4 of that
4 Act, or (iii) to make reasonable progress toward the
5 return of the child to the parent during any 9-month
6 period after the end of the initial 9-month period
7 following the adjudication of neglected or abused minor
8 under Section 2-3 of the Juvenile Court Act of 1987 or
9 dependent minor under Section 2-4 of that Act. If a
10 service plan has been established as required under
11 Section 8.2 of the Abused and Neglected Child Reporting
12 Act to correct the conditions that were the basis for the
13 removal of the child from the parent and if those
14 services were available, then, for purposes of this Act,
15 "failure to make reasonable progress toward the return of
16 the child to the parent" includes (I) the parent's
17 failure to substantially fulfill his or her obligations
18 under the service plan and correct the conditions that
19 brought the child into care within 9 months after the
20 adjudication under Section 2-3 or 2-4 of the Juvenile
21 Court Act of 1987 and (II) the parent's failure to
22 substantially fulfill his or her obligations under the
23 service plan and correct the conditions that brought the
24 child into care during any 9-month period after the end
25 of the initial 9-month period following the adjudication
26 under Section 2-3 or 2-4 of the Juvenile Court Act of
27 1987.
28 (m-1) Pursuant to the Juvenile Court Act of 1987, a
29 child has been in foster care for 15 months out of any 22
30 month period which begins on or after the effective date
31 of this amendatory Act of 1998 unless the child's parent
32 can prove by a preponderance of the evidence that it is
33 more likely than not that it will be in the best
34 interests of the child to be returned to the parent
-1006- LRB9111045EGfg
1 within 6 months of the date on which a petition for
2 termination of parental rights is filed under the
3 Juvenile Court Act of 1987. The 15 month time limit is
4 tolled during any period for which there is a court
5 finding that the appointed custodian or guardian failed
6 to make reasonable efforts to reunify the child with his
7 or her family, provided that (i) the finding of no
8 reasonable efforts is made within 60 days of the period
9 when reasonable efforts were not made or (ii) the parent
10 filed a motion requesting a finding of no reasonable
11 efforts within 60 days of the period when reasonable
12 efforts were not made. For purposes of this subdivision
13 (m-1), the date of entering foster care is the earlier
14 of: (i) the date of a judicial finding at an adjudicatory
15 hearing that the child is an abused, neglected, or
16 dependent minor; or (ii) 60 days after the date on which
17 the child is removed from his or her parent, guardian, or
18 legal custodian.
19 (n) Evidence of intent to forgo his or her parental
20 rights, whether or not the child is a ward of the court,
21 (1) as manifested by his or her failure for a period of
22 12 months: (i) to visit the child, (ii) to communicate
23 with the child or agency, although able to do so and not
24 prevented from doing so by an agency or by court order,
25 or (iii) to maintain contact with or plan for the future
26 of the child, although physically able to do so, or (2)
27 as manifested by the father's failure, where he and the
28 mother of the child were unmarried to each other at the
29 time of the child's birth, (i) to commence legal
30 proceedings to establish his paternity under the Illinois
31 Parentage Act of 1984 or the law of the jurisdiction of
32 the child's birth within 30 days of being informed,
33 pursuant to Section 12a of this Act, that he is the
34 father or the likely father of the child or, after being
-1007- LRB9111045EGfg
1 so informed where the child is not yet born, within 30
2 days of the child's birth, or (ii) to make a good faith
3 effort to pay a reasonable amount of the expenses related
4 to the birth of the child and to provide a reasonable
5 amount for the financial support of the child, the court
6 to consider in its determination all relevant
7 circumstances, including the financial condition of both
8 parents; provided that the ground for termination
9 provided in this subparagraph (n)(2)(ii) shall only be
10 available where the petition is brought by the mother or
11 the husband of the mother.
12 Contact or communication by a parent with his or her
13 child that does not demonstrate affection and concern
14 does not constitute reasonable contact and planning under
15 subdivision (n). In the absence of evidence to the
16 contrary, the ability to visit, communicate, maintain
17 contact, pay expenses and plan for the future shall be
18 presumed. The subjective intent of the parent, whether
19 expressed or otherwise, unsupported by evidence of the
20 foregoing parental acts manifesting that intent, shall
21 not preclude a determination that the parent has intended
22 to forgo his or her parental rights. In making this
23 determination, the court may consider but shall not
24 require a showing of diligent efforts by an authorized
25 agency to encourage the parent to perform the acts
26 specified in subdivision (n).
27 It shall be an affirmative defense to any allegation
28 under paragraph (2) of this subsection that the father's
29 failure was due to circumstances beyond his control or to
30 impediments created by the mother or any other person
31 having legal custody. Proof of that fact need only be by
32 a preponderance of the evidence.
33 (o) Repeated or continuous failure by the parents,
34 although physically and financially able, to provide the
-1008- LRB9111045EGfg
1 child with adequate food, clothing, or shelter.
2 (p) Inability to discharge parental
3 responsibilities supported by competent evidence from a
4 psychiatrist, licensed clinical social worker, or
5 clinical psychologist of mental impairment, mental
6 illness or mental retardation as defined in Section 1-116
7 of the Mental Health and Developmental Disabilities Code,
8 or developmental disability as defined in Section 1-106
9 of that Code, and there is sufficient justification to
10 believe that the inability to discharge parental
11 responsibilities shall extend beyond a reasonable time
12 period. However, this subdivision (p) shall not be
13 construed so as to permit a licensed clinical social
14 worker to conduct any medical diagnosis to determine
15 mental illness or mental impairment.
16 (q) The parent has been criminally convicted of
17 aggravated battery, heinous battery, or attempted murder
18 of any child.
19 (r) The child is in the temporary custody or
20 guardianship of the Department of Children and Family
21 Services, the parent is incarcerated as a result of
22 criminal conviction at the time the petition or motion
23 for termination of parental rights is filed, prior to
24 incarceration the parent had little or no contact with
25 the child or provided little or no support for the child,
26 and the parent's incarceration will prevent the parent
27 from discharging his or her parental responsibilities for
28 the child for a period in excess of 2 years after the
29 filing of the petition or motion for termination of
30 parental rights.
31 (s) The child is in the temporary custody or
32 guardianship of the Department of Children and Family
33 Services, the parent is incarcerated at the time the
34 petition or motion for termination of parental rights is
-1009- LRB9111045EGfg
1 filed, the parent has been repeatedly incarcerated as a
2 result of criminal convictions, and the parent's repeated
3 incarceration has prevented the parent from discharging
4 his or her parental responsibilities for the child.
5 (t) A finding that at birth the child's blood,
6 urine, or meconium contained any amount of a controlled
7 substance as defined in subsection (f) of Section 102 of
8 the Illinois Controlled Substances Act, or a metabolite
9 of a controlled substance, with the exception of
10 controlled substances or metabolites of such substances,
11 the presence of which in the newborn infant was the
12 result of medical treatment administered to the mother or
13 the newborn infant, and that the biological mother of
14 this child is the biological mother of at least one other
15 child who was adjudicated a neglected minor under
16 subsection (c) of Section 2-3 of the Juvenile Court Act
17 of 1987, after which the biological mother had the
18 opportunity to enroll in and participate in a clinically
19 appropriate substance abuse counseling, treatment, and
20 rehabilitation program.
21 E. "Parent" means the father or mother of a legitimate
22 or illegitimate child. For the purpose of this Act, a person
23 who has executed a final and irrevocable consent to adoption
24 or a final and irrevocable surrender for purposes of
25 adoption, or whose parental rights have been terminated by a
26 court, is not a parent of the child who was the subject of
27 the consent or surrender, unless the consent is void pursuant
28 to subsection O of Section 10.
29 F. A person is available for adoption when the person
30 is:
31 (a) a child who has been surrendered for adoption
32 to an agency and to whose adoption the agency has
33 thereafter consented;
34 (b) a child to whose adoption a person authorized
-1010- LRB9111045EGfg
1 by law, other than his parents, has consented, or to
2 whose adoption no consent is required pursuant to Section
3 8 of this Act;
4 (c) a child who is in the custody of persons who
5 intend to adopt him through placement made by his
6 parents;
7 (c-1) a child for whom a parent has signed a
8 specific consent pursuant to subsection O of Section 10;
9 or
10 (d) an adult who meets the conditions set forth in
11 Section 3 of this Act.
12 A person who would otherwise be available for adoption
13 shall not be deemed unavailable for adoption solely by reason
14 of his or her death.
15 G. The singular includes the plural and the plural
16 includes the singular and the "male" includes the "female",
17 as the context of this Act may require.
18 H. "Adoption disruption" occurs when an adoptive
19 placement does not prove successful and it becomes necessary
20 for the child to be removed from placement before the
21 adoption is finalized.
22 I. "Foreign placing agency" is an agency or individual
23 operating in a country or territory outside the United States
24 that is authorized by its country to place children for
25 adoption either directly with families in the United States
26 or through United States based international agencies.
27 J. "Immediate relatives" means the biological parents,
28 the parents of the biological parents and siblings of the
29 biological parents.
30 K. "Intercountry adoption" is a process by which a child
31 from a country other than the United States is adopted.
32 L. "Intercountry Adoption Coordinator" is a staff person
33 of the Department of Children and Family Services appointed
34 by the Director to coordinate the provision of services by
-1011- LRB9111045EGfg
1 the public and private sector to prospective parents of
2 foreign-born children.
3 M. "Interstate Compact on the Placement of Children" is
4 a law enacted by most states for the purpose of establishing
5 uniform procedures for handling the interstate placement of
6 children in foster homes, adoptive homes, or other child care
7 facilities.
8 N. "Non-Compact state" means a state that has not
9 enacted the Interstate Compact on the Placement of Children.
10 O. "Preadoption requirements" are any conditions
11 established by the laws or regulations of the Federal
12 Government or of each state that must be met prior to the
13 placement of a child in an adoptive home.
14 P. "Abused child" means a child whose parent or
15 immediate family member, or any person responsible for the
16 child's welfare, or any individual residing in the same home
17 as the child, or a paramour of the child's parent:
18 (a) inflicts, causes to be inflicted, or allows to
19 be inflicted upon the child physical injury, by other
20 than accidental means, that causes death, disfigurement,
21 impairment of physical or emotional health, or loss or
22 impairment of any bodily function;
23 (b) creates a substantial risk of physical injury
24 to the child by other than accidental means which would
25 be likely to cause death, disfigurement, impairment of
26 physical or emotional health, or loss or impairment of
27 any bodily function;
28 (c) commits or allows to be committed any sex
29 offense against the child, as sex offenses are defined in
30 the Criminal Code of 1961 and extending those definitions
31 of sex offenses to include children under 18 years of
32 age;
33 (d) commits or allows to be committed an act or
34 acts of torture upon the child; or
-1012- LRB9111045EGfg
1 (e) inflicts excessive corporal punishment.
2 Q. "Neglected child" means any child whose parent or
3 other person responsible for the child's welfare withholds or
4 denies nourishment or medically indicated treatment including
5 food or care denied solely on the basis of the present or
6 anticipated mental or physical impairment as determined by a
7 physician acting alone or in consultation with other
8 physicians or otherwise does not provide the proper or
9 necessary support, education as required by law, or medical
10 or other remedial care recognized under State law as
11 necessary for a child's well-being, or other care necessary
12 for his or her well-being, including adequate food, clothing
13 and shelter; or who is abandoned by his or her parents or
14 other person responsible for the child's welfare.
15 A child shall not be considered neglected or abused for
16 the sole reason that the child's parent or other person
17 responsible for his or her welfare depends upon spiritual
18 means through prayer alone for the treatment or cure of
19 disease or remedial care as provided under Section 4 of the
20 Abused and Neglected Child Reporting Act.
21 R. "Putative father" means a man who may be a child's
22 father, but who (1) is not married to the child's mother on
23 or before the date that the child was or is to be born and
24 (2) has not established paternity of the child in a court
25 proceeding before the filing of a petition for the adoption
26 of the child. The term includes a male who is less than 18
27 years of age. "Putative father" does not mean a man who is
28 the child's father as a result of criminal sexual abuse or
29 assault as defined under Article 12 of the Criminal Code of
30 1961.
31 S. "Standby adoption" means an adoption in which a
32 terminally ill parent consents to custody and termination of
33 parental rights to become effective upon the occurrence of a
34 future event, which is either the death of the terminally ill
-1013- LRB9111045EGfg
1 parent or the request of the parent for the entry of a final
2 judgment of adoption.
3 T. "Terminally ill parent" means a person who has a
4 medical prognosis by a physician licensed to practice
5 medicine in all of its branches that the person has an
6 incurable and irreversible condition which will lead to
7 death.
8 (Source: P.A. 90-13, eff. 6-13-97; 90-15, eff. 6-13-97;
9 90-27, eff. 1-1-98 except subdiv. (D)(m) eff. 6-25-97; 90-28,
10 eff. 1-1-98 except subdiv. (D)(m) eff. 6-25-97; 90-443, eff.
11 8-16-97; 90-608, eff. 6-30-98; 90-655, eff. 7-30-98; 91-357,
12 eff. 7-29-99; 91-373, eff. 1-1-00; 91-572, eff. 1-1-00;
13 revised 8-31-99.)
14 (750 ILCS 50/6) (from Ch. 40, par. 1508)
15 Sec. 6. A. Investigation; all cases. Within 10 days
16 after the filing of a petition for the adoption or standby
17 adoption of a child other than a related child, the court
18 shall appoint a child welfare agency approved by the
19 Department of Children and Family Services, or in Cook County
20 the Court Services Division of the Cook County Department of
21 Public Aid, or the Department of Children and Family Services
22 if the court determines that no child welfare agency is
23 available or that the petitioner is financially unable to pay
24 for the investigation, to investigate accurately, fully and
25 promptly, the allegations contained in the petition; the
26 character, reputation, health and general standing in the
27 community of the petitioners; the religious faith of the
28 petitioners and, if ascertainable, of the child sought to be
29 adopted; and whether the petitioners are proper persons to
30 adopt the child and whether the child is a proper subject of
31 adoption. The investigation required under this Section shall
32 include a criminal background check with a review of
33 fingerprints by State and federal authorities. The criminal
-1014- LRB9111045EGfg
1 background check required by this Section shall include a
2 listing of when, where and by whom the criminal background
3 check was prepared. The criminal background check required
4 by this Section shall not be more than two years old.
5 Neither a clerk of the circuit court nor a judge may
6 require that a criminal background check or fingerprint
7 review be filed with, or at the same time as, an initial
8 petition for adoption.
9 B. Investigation; foreign-born child. In the case of a
10 child born outside the United States or a territory thereof,
11 in addition to the investigation required under subsection
12 (A) of this Section, a post-placement investigation shall be
13 conducted in accordance with the requirements of the Child
14 Care Act of 1969, the Interstate Compact on the Placement of
15 Children, and regulations of the foreign placing agency and
16 the supervising agency.
17 The requirements of a post-placement investigation shall
18 be deemed to have been satisfied if a valid final order or
19 judgment of adoption has been entered by a court of competent
20 jurisdiction in a country other than the United States or a
21 territory thereof with respect to such child and the
22 petitioners.
23 C. Report of investigation. The court shall determine
24 whether the costs of the investigation shall be charged to
25 the petitioners. The information obtained as a result of such
26 investigation shall be presented to the court in a written
27 report. The results of the criminal background check required
28 under subsection (A) shall be provided to the court for its
29 review. The court may, in its discretion, weigh the
30 significance of the results of the criminal background check
31 against the entirety of the background of the petitioners.
32 The Court, in its discretion, may accept the report of the
33 investigation previously made by a licensed child welfare
34 agency, if made within one year prior to the entry of the
-1015- LRB9111045EGfg
1 judgment. Such report shall be treated as confidential and
2 withheld from inspection unless findings adverse to the
3 petitioners or to the child sought to be adopted are
4 contained therein, and in that event the court shall inform
5 the petitioners of the relevant portions pertaining to the
6 adverse findings. In no event shall any facts set forth in
7 the report be considered at the hearing of the proceeding,
8 unless established by competent evidence. The report shall be
9 filed with the record of the proceeding. If the file
10 relating to the proceeding is not impounded, the report shall
11 be impounded by the clerk of the court and shall be made
12 available for inspection only upon order of the court.
13 D. Related adoption. Such investigation shall not be
14 made when the petition seeks to adopt a related child or an
15 adult unless the court, in its discretion, shall so order. In
16 such an event the court may appoint a person deemed competent
17 by the court.
18 (Source: P.A. 91-429, eff. 1-1-00; 91-572, eff. 1-1-00;
19 revised 10-19-99.)
20 Section 100. The Uniform Disposition of Unclaimed
21 Property Act is amended by changing Section 2 as follows:
22 (765 ILCS 1025/2) (from Ch. 141, par. 102)
23 Sec. 2. Property held by financial organizations;
24 presumption of abandonment. The following property held or
25 owing by a banking or financial organization is presumed
26 abandoned:
27 (a) Any demand, savings, or matured time deposit with a
28 banking organization, together with any interest or dividend
29 thereon, excluding any charges that may lawfully be withheld,
30 unless the owner has, within 5 years:
31 (1) Increased or decreased the amount of the
32 deposit, or presented the passbook or other similar
-1016- LRB9111045EGfg
1 evidence of the deposit for the crediting of interest; or
2 (2) Corresponded in writing with the banking
3 organization concerning the deposit; or
4 (3) Otherwise indicated an interest in the deposit
5 as evidenced by a memorandum on file with the banking
6 organization.
7 (b) Any funds paid toward the purchase of withdrawable
8 shares or other interest in a financial organization, or any
9 deposit made, and any interest or dividends thereon,
10 excluding any charges that may be lawfully withheld, unless
11 the owner has within 5 years:
12 (1) Increased or decreased the amount of the funds,
13 or deposit, or presented an appropriate record for the
14 crediting of interest or dividends; or
15 (2) Corresponded in writing with the financial
16 organization concerning the funds or deposit; or
17 (3) Otherwise indicated an interest in the funds or
18 deposit as evidenced by a memorandum on file with the
19 financial organization.
20 (c) Any sum payable on checks or on written instruments
21 on which a banking or financial organization or business
22 association is directly liable including, by way of
23 illustration but not of limitation, certificates of deposit,
24 drafts, money orders and travelers checks, that with the
25 exception of travelers checks has been outstanding for more
26 than 5 years from the date it was payable, or from the date
27 of its issuance if payable on demand, or, in the case of
28 travelers checks, that has been outstanding for more than 15
29 years from the date of its issuance, excluding any charges
30 that may be lawfully withheld relating to money orders issued
31 by currency exchanges, unless the owner has within 5 years or
32 within 15 years in the case of travelers checks corresponded
33 in writing with the banking or financial organization or
34 business association concerning it, or otherwise indicated an
-1017- LRB9111045EGfg
1 interest as evidenced by a memorandum on file with the
2 banking or financial organization or business association.
3 (d) Any funds or other personal property, tangible or
4 intangible, removed from a safe deposit box or any other
5 safekeeping repository or agency or collateral deposit box on
6 which the lease or rental period has expired due to
7 nonpayment of rental charges or other reason, or any surplus
8 amounts arising from the sale thereof pursuant to law, that
9 have been unclaimed by the owner for more than 5 years from
10 the date on which the lease or rental period expired,
11 subject to lien of the holder for reimbursement of costs
12 incurred in the opening of a safe deposit box as determined
13 by the holder's regular schedule of charges.
14 (e) Notwithstanding any other provision of this Section,
15 no deposit except passbook, checking, NOW accounts, super NOW
16 accounts, money market accounts, or such similar accounts as
17 established by Rule of the State Treasurer, held by a banking
18 or financial organization shall be presumed abandoned if with
19 respect to such a deposit which specifies a definite maturity
20 date, such organization was authorized in writing to extend
21 or rollover the account for an additional like period and
22 such organization does so extend. Such deposits are not
23 presumed abandoned less than 5 years from that final maturity
24 date. Property of any kind held in an individual retirement
25 account (IRA) is not presumed abandoned earlier than 5 years
26 after the owner attains the age at which distributions from
27 the account become mandatory under law.
28 (f) Notwithstanding any other provision of this Section,
29 money of a minor deposited pursuant to Section 24-21 of the
30 Probate Act of 1975 shall not be presumed abandoned earlier
31 than 5 years after the minor attains legal age. Such money
32 shall be deposited in an account which shall indicate the
33 birth date of the minor.
34 (Source: P.A. 90-167, eff. 7-23-97; 90-796, eff. 12-15-98;
-1018- LRB9111045EGfg
1 91-16, eff. 7-1-99; 91-316, eff. 7-29-99; revised 10-15-99.)
2 Section 101. The Business Corporation Act of 1983 is
3 amended by changing Section 14.05 as follows:
4 (805 ILCS 5/14.05) (from Ch. 32, par. 14.05)
5 Sec. 14.05. Annual report of domestic or foreign
6 corporation. Each domestic corporation organized under any
7 general law or special act of this State authorizing the
8 corporation to issue shares, other than homestead
9 associations, building and loan associations, banks and
10 insurance companies (which includes a syndicate or limited
11 syndicate regulated under Article V 1/2 of the Illinois
12 Insurance Code or member of a group of underwriters regulated
13 under Article V of that Code), and each foreign corporation
14 (except members of a group of underwriters regulated under
15 Article V of the Illinois Insurance Code) authorized to
16 transact business in this State, shall file, within the time
17 prescribed by this Act, an annual report setting forth:
18 (a) The name of the corporation.
19 (b) The address, including street and number, or
20 rural route number, of its registered office in this
21 State, and the name of its registered agent at that
22 address.
23 (c) The address, including street and number, or
24 rural route number, of its principal office.
25 (d) The names and respective residential addresses,
26 including street and number, or rural route number, of
27 its directors and officers.
28 (e) A statement of the aggregate number of shares
29 which the corporation has authority to issue, itemized by
30 classes and series, if any, within a class.
31 (f) A statement of the aggregate number of issued
32 shares, itemized by classes, and series, if any, within a
-1019- LRB9111045EGfg
1 class.
2 (g) A statement, expressed in dollars, of the
3 amount of paid-in capital of the corporation as defined
4 in this Act.
5 (h) Either a statement that (1) all the property of
6 the corporation is located in this State and all of its
7 business is transacted at or from places of business in
8 this State, or the corporation elects to pay the annual
9 franchise tax on the basis of its entire paid-in capital,
10 or (2) a statement, expressed in dollars, of the value of
11 all the property owned by the corporation, wherever
12 located, and the value of the property located within
13 this State, and a statement, expressed in dollars, of the
14 gross amount of business transacted by the corporation
15 and the gross amount thereof transacted by the
16 corporation at or from places of business in this State
17 as of the close of its fiscal year on or immediately
18 preceding the last day of the third month prior to the
19 anniversary month or in the case of a corporation which
20 has established an extended filing month, as of the close
21 of its fiscal year on or immediately preceding the last
22 day of the third month prior to the extended filing
23 month; however, in the case of a domestic corporation
24 that has not completed its first fiscal year, the
25 statement with respect to property owned shall be as of
26 the last day of the third month preceding the anniversary
27 month and the statement with respect to business
28 transacted shall be furnished for the period between the
29 date of incorporation and the last day of the third month
30 preceding the anniversary month. In the case of a
31 foreign corporation that has not been authorized to
32 transact business in this State for a period of 12 months
33 and has not commenced transacting business prior to
34 obtaining a certificate of authority, the statement with
-1020- LRB9111045EGfg
1 respect to property owned shall be as of the last day of
2 the third month preceding the anniversary month and the
3 statement with respect to business transacted shall be
4 furnished for the period between the date of its
5 authorization to transact business in this State and the
6 last day of the third month preceding the anniversary
7 month. If the data referenced in item (2) of this
8 subsection is not completed, the franchise tax provided
9 for in this Act shall be computed on the basis of the
10 entire paid-in capital.
11 (i) A statement, including the basis therefor, of
12 status as a "minority owned business" or as a "female
13 owned business" as those terms are defined in the
14 Minority and Female Business Enterprise for Minorities,
15 Females, and Persons with Disabilities Act.
16 (j) Additional information as may be necessary or
17 appropriate in order to enable the Secretary of State to
18 administer this Act and to verify the proper amount of
19 fees and franchise taxes payable by the corporation.
20 The annual report shall be made on forms prescribed and
21 furnished by the Secretary of State, and the information
22 therein required by paragraphs (a) through (d), both
23 inclusive, of this Section, shall be given as of the date of
24 the execution of the annual report and the information
25 therein required by paragraphs (e), (f) and (g) of this
26 Section shall be given as of the last day of the third month
27 preceding the anniversary month, except that the information
28 required by paragraphs (e), (f) and (g) shall, in the case of
29 a corporation which has established an extended filing month,
30 be given in its final transition annual report and each
31 subsequent annual report as of the close of its fiscal year
32 immediately preceding its extended filing month. It shall be
33 executed by the corporation by its president, a
34 vice-president, secretary, assistant secretary, treasurer or
-1021- LRB9111045EGfg
1 other officer duly authorized by the board of directors of
2 the corporation to execute those reports, and verified by him
3 or her, or, if the corporation is in the hands of a receiver
4 or trustee, it shall be executed on behalf of the corporation
5 and verified by the receiver or trustee.
6 (Source: P.A. 91-593, eff. 8-14-99; revised 8-23-99.)
7 Section 102. The Illinois Business Brokers Act of 1995
8 is amended by changing Section 10-115 as follows:
9 (815 ILCS 307/10-115)
10 Sec. 10-115. Business broker lien.
11 (a) Any business broker shall have a lien upon the
12 tangible assets of a business located in this State that is
13 the subject of a business broker's written contract in the
14 amount due to the broker under the written contract.
15 (b) The lien shall be available to the business broker
16 named in the instrument signed by the owner of an interest in
17 the assets. The lien arising under this Act shall be in
18 addition to any other rights that a business broker may have.
19 (c) A lien under this Act does not attach unless and
20 until:
21 (1) the business broker is otherwise entitled to a
22 fee or commission under a written contract signed by the
23 seller or its duly authorized agent; and
24 (2) before the actual conveyance or transfer of the
25 business assets or property with respect to which the
26 business broker is claiming a lien, the business broker
27 files a notice of lien (i) as to real property, with the
28 recorder of the county in which the real property is
29 located or (ii) as to tangible personal property, in the
30 Office of the Secretary of State.
31 (d) When payment to a business broker is due in
32 installments, a portion of which is due only after the
-1022- LRB9111045EGfg
1 conveyance or transfer of the tangible assets, any claim for
2 lien for those payments due after the transfer or conveyance
3 may be filed at any time subsequent to the transfer or
4 conveyance of the tangible assets and prior to the date on
5 which the payment is due but shall only be effective as a
6 lien against the tangible assets to the extent moneys are
7 still owed to the transferor by the transferee. In all other
8 respects, the lien shall attach as described in this
9 subsection.
10 (e) If a business broker has a written agreement with a
11 prospective purchaser, then the lien shall attach upon the
12 prospective purchaser purchasing or otherwise accepting a
13 conveyance or transfer of the real property or tangible
14 personal property of the business and the filing of a notice
15 of lien (i) in the recorder's office of the county in which
16 the real property is located, as to real property, and (ii)
17 in the Office of the Secretary of State, as to tangible
18 personal property, by the business broker within 90 days
19 after the transfer to the purchaser. The lien shall attach to
20 the interest purchased by the purchaser as of the date of the
21 filing of the notice of lien and does not relate back to the
22 date of the written contract.
23 (f) The business broker shall, within 10 days after
24 filing its notice of lien, mail a copy of the notice of lien
25 to the owner of the property by depositing it in the United
26 States mail, registered or certified mail, with return
27 receipt requested, or personally serve a copy of the notice
28 on the owner of record or his agent. Mailing of the copy of
29 the notice of claim for lien is effective if mailed to the
30 seller at the address of the business that is the subject of
31 the notice of lien or to another address that the seller or
32 purchaser has provided in writing to the business broker.
33 The broker's lien shall be unenforceable if mailing of the
34 copy of the notice of lien does not occur at the time and in
-1023- LRB9111045EGfg
1 the manner required by this Act.
2 (g) A business broker may bring suit to enforce a lien
3 in the circuit court (i) in the county where the real
4 property is located, as to real property, or (ii) as to
5 tangible personal property, either in the county where the
6 personal property is located or where the principal office of
7 the owner of the personal property, or the owner's
8 residence, is located, by filing a complaint and sworn
9 affidavit that the lien has been filed.
10 (h) The person claiming a lien shall, within 2 years
11 after filing the lien, commence proceedings by filing a
12 complaint. Failure to commence proceedings within 2 years
13 after filing the lien shall extinguish the lien. No
14 subsequent notice of lien may be given for the same claim nor
15 may that claim be asserted in any proceedings under this Act.
16 (i) A complaint under this Section shall have attached
17 to it a copy of the written contract on which the lien is
18 founded and shall contain a description of the services
19 performed, the amount due and unpaid, a description of the
20 tangible assets of the business that are subject to the lien,
21 and other facts necessary for a full understanding of the
22 rights of the parties. The plaintiff shall make all
23 interested parties, of whose interest the plaintiff is
24 notified or has actual or constructive knowledge, defendants
25 to the action and shall issue summons and provide service as
26 in other civil actions. When any defendant resides or has
27 gone out of the State, or on inquiry cannot be found, or is
28 concealed within this State so that process cannot be served
29 on that defendant, the plaintiff shall cause a notice to be
30 given to that defendant, or cause a copy of the complaint to
31 be served upon that defendant, in the manner and upon the
32 same conditions as in other civil actions. Failure of the
33 plaintiff to provide proper summons or notice shall be
34 grounds for judgment against the plaintiff with prejudice.
-1024- LRB9111045EGfg
1 Every lien claimed under this Act shall be foreclosed as
2 provided in the Illinois Mortgage Foreclosure Law, if the
3 lien is on real property, or as provided in the Uniform
4 Commercial Code, if the lien is on personal property.
5 (j) The lien notice shall state the name and address of
6 the claimant, the name of the purchaser or seller whose
7 property or assets are subject to the lien, a description of
8 the real or personal property that is subject to the lien,
9 the amount for which the lien is claimed, and the
10 registration number of the business broker. The notice of
11 lien shall recite that the information contained in the
12 notice is true and accurate to the knowledge of the signer.
13 The notice of lien shall be signed by the business broker or
14 by a person authorized to sign on behalf of the business
15 broker and shall be verified.
16 (k) Whenever a claim for lien has been filed with the
17 Office of the Secretary of State or the county recorder's
18 office and a condition occurs that would preclude the
19 business broker from receiving compensation under the terms
20 of the business broker's written agreement, the business
21 broker shall provide to the purchaser of the business, if the
22 lien is filed against the purchaser's assets of the business
23 that are subject to this Act, or the seller of the business,
24 if the lien is filed against the seller's assets of the
25 business that are subject to this Act, within 10 days
26 following demand by that party, a written release or
27 satisfaction of the lien.
28 (l) Upon written demand of the owner, lienee, or other
29 authorized agent, served on the person claiming the lien
30 requiring suit to be commenced to enforce the lien or answer
31 to be filed in a pending suit, a suit shall be commenced or
32 answer filed within 30 days thereafter, or the lien shall be
33 extinguished. Service may be by registered or certified
34 mail, return receipt requested, or by personal service.
-1025- LRB9111045EGfg
1 (m) If a claim for lien has been filed with the Office
2 of the Secretary of State or the county recorder's office and
3 is paid, the business broker shall acknowledge satisfaction
4 or release of the lien, in writing, within 5 days after
5 payment.
6 (n) The cost of proceedings brought under this Act,
7 including reasonable attorneys' fees, costs, and prejudgment
8 interest due to the prevailing party, shall be borne by the
9 nonprevailing party or parties. When more than one party is
10 responsible for costs, fees, and prejudgment interest, the
11 costs, fees, and prejudgment interest shall be equitably
12 apportioned by the court among those responsible parties.
13 (o) Prior recorded liens and mortgages shall have
14 priority over a broker's lien. A prior recorded lien shall
15 include, without limitation, (i) a mechanic's lien claim,
16 (ii) prior recorded liens securing revolving credit or future
17 advances under construction loans as described in Section
18 15-1302 of the Code of Civil Procedure, and (iii) prior
19 recorded liens perfected under the Uniform Commercial Code.
20 (p) No lien under this Section 10-115 shall attach to
21 any real property asset of a business unless and until a
22 notice of lien is filed with the recorder of the county in
23 which the real property asset is located. A lien recorded
24 under this subsection (p) shall otherwise be subject to the
25 same notice, enforcement, and limitations as any other lien
26 under this Section. A copy of the notice of lien recorded
27 under this subsection (p) shall be filed with the Secretary
28 of State.
29 (Source: P.A. 90-70, eff. 7-8-97; 91-194, eff. 7-20-99;
30 91-534, eff. 1-1-00; revised 10-13-99.)
31 Section 103. The Illinois Pre-Need Cemetery Sales Act is
32 amended by changing Section 4 as follows:
-1026- LRB9111045EGfg
1 (815 ILCS 390/4) (from Ch. 21, par. 204)
2 Sec. 4. Definitions. As used in this Act, the following
3 terms shall have the meaning specified:
4 (A) A. "Pre-need sales contract" or "Pre-need sales"
5 means any agreement or contract or series or combination of
6 agreements or contracts which have for a purpose the sale of
7 cemetery merchandise, cemetery services or undeveloped
8 interment, entombment or inurnment spaces where the terms of
9 such sale require payment or payments to be made at a
10 currently determinable time and where the merchandise,
11 services or completed spaces are to be provided more than 120
12 days following the initial payment on the account.
13 (B) B. "Delivery" occurs when:
14 (1) physical possession of the merchandise is
15 transferred or the easement for burial rights in a
16 completed space is executed, delivered and transferred to
17 the buyer; or
18 (2) title to the merchandise has been transferred
19 to the buyer and the merchandise has been paid for and is
20 in the possession of the seller who has placed it, until
21 needed, at the site of its ultimate use; or
22 (3) (A) the merchandise has been permanently
23 identified with the name of the buyer or the beneficiary
24 and delivered to a licensed and bonded warehouse and both
25 title to the merchandise and a warehouse receipt have
26 been delivered to the purchaser or beneficiary; except
27 that in the case of outer burial containers, the use of a
28 licensed and bonded warehouse as set forth in this
29 paragraph shall not constitute delivery for purposes of
30 this Act. Nothing herein shall prevent a seller from
31 perfecting a security interest in accordance with the
32 Uniform Commercial Code on any merchandise covered under
33 this Act.
34 (B) All warehouse facilities to which sellers
-1027- LRB9111045EGfg
1 deliver merchandise pursuant to this Act shall:
2 (i) be either located in the State of Illinois
3 or qualify as a foreign warehouse facility as
4 defined herein;
5 (ii) submit to the Comptroller not less than
6 annually, by March 1 of each year, a report of all
7 cemetery merchandise stored by each licensee under
8 this Act which is in storage on the date of the
9 report;
10 (iii) permit the Comptroller or his designee
11 at any time to examine stored merchandise and to
12 examine any documents pertaining thereto;
13 (iv) submit evidence satisfactory to the
14 Comptroller that all merchandise stored by said
15 warehouse for licensees under this Act is insured
16 for casualty or other loss normally assumed by a
17 bailee for hire;
18 (v) demonstrate to the Comptroller that the
19 warehouse has procured and is maintaining a
20 performance bond in the form, content and amount
21 sufficient to unconditionally guarantee to the
22 purchaser or beneficiary the prompt shipment of the
23 cemetery merchandise.
24 (C) "Cemetery merchandise" means items of personal
25 property normally sold by a cemetery authority not covered
26 under the Illinois Funeral or Burial Funds Act, including but
27 not limited to:
28 (1) memorials,
29 (2) markers,
30 (3) monuments,
31 (4) foundations, and
32 (5) outer burial containers.
33 (D) "Undeveloped interment, entombment or inurnment
34 spaces" or "undeveloped spaces" means any space to be used
-1028- LRB9111045EGfg
1 for the reception of human remains that is not completely and
2 totally constructed at the time of initial payment therefor
3 in a:
4 (1) lawn crypt,
5 (2) mausoleum,
6 (3) garden crypt,
7 (4) columbarium, or
8 (5) cemetery section.
9 (E) "Cemetery services" means those services customarily
10 performed by cemetery or crematory personnel in connection
11 with the interment, entombment, inurnment or cremation of a
12 dead human body.
13 (F) "Cemetery section" means a grouping of spaces
14 intended to be developed simultaneously for the purpose of
15 interring human remains.
16 (G) "Columbarium" means an arrangement of niches that
17 may be an entire building, a complete room, a series of
18 special indoor alcoves, a bank along a corridor or part of an
19 outdoor garden setting that is constructed of permanent
20 material such as bronze, marble, brick, stone or concrete for
21 the inurnment of human remains.
22 (H) "Lawn crypt" means a permanent underground crypt
23 usually constructed of reinforced concrete or similar
24 material installed in multiple units for the interment of
25 human remains.
26 (I) "Mausoleum" or "garden crypt" means a grouping of
27 spaces constructed of reinforced concrete or similar material
28 constructed or assembled above the ground for entombing human
29 remains.
30 (J) "Memorials, markers and monuments" means the object
31 usually comprised of a permanent material such as granite or
32 bronze used to identify and memorialize the deceased.
33 (K) "Foundations" means those items used to affix or
34 support a memorial or monument to the ground in connection
-1029- LRB9111045EGfg
1 with the installation of a memorial, marker or monument.
2 (L) "Person" means an individual, corporation,
3 partnership, joint venture, business trust, voluntary
4 organization or any other form of entity.
5 (M) "Seller" means any person selling or offering for
6 sale cemetery merchandise, cemetery services or undeveloped
7 spaces on a pre-need basis.
8 (N) "Religious cemetery" means a cemetery owned,
9 operated, controlled or managed by any recognized church,
10 religious society, association or denomination or by any
11 cemetery authority or any corporation administering, or
12 through which is administered, the temporalities of any
13 recognized church, religious society, association or
14 denomination.
15 (O) "Municipal cemetery" means a cemetery owned,
16 operated, controlled or managed by any city, village,
17 incorporated town, township, county or other municipal
18 corporation, political subdivision, or instrumentality
19 thereof authorized by law to own, operate or manage a
20 cemetery.
21 (O-1) "Outer burial container" means a container made of
22 concrete, steel, wood, fiberglass, or similar material, used
23 solely at the interment site, and designed and used
24 exclusively to surround or enclose a separate casket and to
25 support the earth above such casket, commonly known as a
26 burial vault, grave box, or grave liner, but not including a
27 lawn crypt.
28 (P) "Sales price" means the gross amount paid by a
29 purchaser on a pre-need sales contract for cemetery
30 merchandise, cemetery services or undeveloped interment,
31 entombment or inurnment spaces, excluding sales taxes, credit
32 life insurance premiums, finance charges and Cemetery Care
33 Act contributions.
34 (Q) "Foreign warehouse facility" means a warehouse
-1030- LRB9111045EGfg
1 facility now or hereafter located in any state or territory
2 of the United States, including the District of Columbia,
3 other than the State of Illinois.
4 A foreign warehouse facility shall be deemed to have
5 appointed the Comptroller to be its true and lawful attorney
6 upon whom may be served all legal process in any action or
7 proceeding against it relating to or growing out of this Act,
8 and the acceptance of the delivery of stored merchandise
9 under this Act shall be signification of its agreement that
10 any such process against it which is so served, shall be of
11 the same legal force and validity as though served upon it
12 personally.
13 Service of such process shall be made by delivering to
14 and leaving with the Comptroller, or any agent having charge
15 of the Comptroller's Department of Cemetery and Burial
16 Trusts, a copy of such process and such service shall be
17 sufficient service upon such foreign warehouse facility if
18 notice of such service and a copy of the process are, within
19 10 days thereafter, sent by registered mail by the plaintiff
20 to the foreign warehouse facility at its principal office and
21 the plaintiff's affidavit of compliance herewith is appended
22 to the summons. The Comptroller shall keep a record of all
23 process served upon him under this Section and shall record
24 therein the time of such service.
25 (Source: P.A. 91-7, eff. 1-1-2000; 91-357, eff. 7-29-99;
26 revised 8-30-99.)
27 Section 104. The Consumer Fraud and Deceptive Business
28 Practices Act is amended by changing Section 2Z as follows:
29 (815 ILCS 505/2Z) (from Ch. 121 1/2, par. 262Z)
30 Sec. 2Z. Violations of other Acts. Any person who
31 knowingly violates the Automotive Repair Act, the Home Repair
32 and Remodeling Act, the Dance Studio Act, the Physical
-1031- LRB9111045EGfg
1 Fitness Services Act, the Hearing Instrument Consumer
2 Protection Act, the Illinois Union Label Act, the Job
3 Referral and Job Listing Services Consumer Protection Act,
4 the Travel Promotion Consumer Protection Act, the Credit
5 Services Organizations Act, the Automatic Telephone Dialers
6 Act, the Pay-Per-Call Services Consumer Protection Act, the
7 Telephone Solicitations Act, the Illinois Funeral or Burial
8 Funds Act, the Cemetery Care Act, the Safe and Hygienic Bed
9 Act, the Pre-Need Cemetery Sales Act, or the Electronic Mail
10 Act commits an unlawful practice within the meaning of this
11 Act.
12 (Source: P.A. 90-426, eff. 1-1-98; 91-164, eff. 7-16-99;
13 91-230, eff.1-1-00; 91-233, eff. 1-1-00; revised 8-9-99.)
14 Section 105. The Motor Vehicle Franchise Act is amended
15 by changing Section 4 as follows:
16 (815 ILCS 710/4) (from Ch. 121 1/2, par. 754)
17 Sec. 4. Unfair competition and practices.
18 (a) The unfair methods of competition and unfair and
19 deceptive acts or practices listed in this Section are hereby
20 declared to be unlawful. In construing the provisions of this
21 Section, the courts may be guided by the interpretations of
22 the Federal Trade Commission Act (15 U.S.C. 45 et seq.), as
23 from time to time amended.
24 (b) It shall be deemed a violation for any manufacturer,
25 factory branch, factory representative, distributor or
26 wholesaler, distributor branch, distributor representative or
27 motor vehicle dealer to engage in any action with respect to
28 a franchise which is arbitrary, in bad faith or
29 unconscionable and which causes damage to any of the parties
30 or to the public.
31 (c) It shall be deemed a violation for a manufacturer, a
32 distributor, a wholesaler, a distributor branch or division,
-1032- LRB9111045EGfg
1 a factory branch or division, or a wholesale branch or
2 division, or officer, agent or other representative thereof,
3 to coerce, or attempt to coerce, any motor vehicle dealer:
4 (1) to accept, buy or order any motor vehicle or
5 vehicles, appliances, equipment, parts or accessories
6 therefor, or any other commodity or commodities or
7 service or services which such motor vehicle dealer has
8 not voluntarily ordered or requested except items
9 required by applicable local, state or federal law; or to
10 require a motor vehicle dealer to accept, buy, order or
11 purchase such items in order to obtain any motor vehicle
12 or vehicles or any other commodity or commodities which
13 have been ordered or requested by such motor vehicle
14 dealer;
15 (2) to order or accept delivery of any motor
16 vehicle with special features, appliances, accessories or
17 equipment not included in the list price of the motor
18 vehicles as publicly advertised by the manufacturer
19 thereof, except items required by applicable law; or
20 (3) to order for anyone any parts, accessories,
21 equipment, machinery, tools, appliances or any commodity
22 whatsoever, except items required by applicable law.
23 (d) It shall be deemed a violation for a manufacturer, a
24 distributor, a wholesaler, a distributor branch or division,
25 or officer, agent or other representative thereof:
26 (1) to adopt, change, establish or implement a plan
27 or system for the allocation and distribution of new
28 motor vehicles to motor vehicle dealers which is
29 arbitrary or capricious or to modify an existing plan so
30 as to cause the same to be arbitrary or capricious;
31 (2) to fail or refuse to advise or disclose to any
32 motor vehicle dealer having a franchise or selling
33 agreement, upon written request therefor, the basis upon
34 which new motor vehicles of the same line make are
-1033- LRB9111045EGfg
1 allocated or distributed to motor vehicle dealers in the
2 State and the basis upon which the current allocation or
3 distribution is being made or will be made to such motor
4 vehicle dealer;
5 (3) to refuse to deliver in reasonable quantities
6 and within a reasonable time after receipt of dealer's
7 order, to any motor vehicle dealer having a franchise or
8 selling agreement for the retail sale of new motor
9 vehicles sold or distributed by such manufacturer,
10 distributor, wholesaler, distributor branch or division,
11 factory branch or division or wholesale branch or
12 division, any such motor vehicles as are covered by such
13 franchise or selling agreement specifically publicly
14 advertised in the State by such manufacturer,
15 distributor, wholesaler, distributor branch or division,
16 factory branch or division, or wholesale branch or
17 division to be available for immediate delivery.
18 However, the failure to deliver any motor vehicle shall
19 not be considered a violation of this Act if such failure
20 is due to an act of God, a work stoppage or delay due to
21 a strike or labor difficulty, a shortage of materials, a
22 lack of manufacturing capacity, a freight embargo or
23 other cause over which the manufacturer, distributor, or
24 wholesaler, or any agent thereof has no control;
25 (4) to coerce, or attempt to coerce, any motor
26 vehicle dealer to enter into any agreement with such
27 manufacturer, distributor, wholesaler, distributor branch
28 or division, factory branch or division, or wholesale
29 branch or division, or officer, agent or other
30 representative thereof, or to do any other act
31 prejudicial to the dealer by threatening to reduce his
32 allocation of motor vehicles or cancel any franchise or
33 any selling agreement existing between such manufacturer,
34 distributor, wholesaler, distributor branch or division,
-1034- LRB9111045EGfg
1 or factory branch or division, or wholesale branch or
2 division, and the dealer. However, notice in good faith
3 to any motor vehicle dealer of the dealer's violation of
4 any terms or provisions of such franchise or selling
5 agreement or of any law or regulation applicable to the
6 conduct of a motor vehicle dealer shall not constitute a
7 violation of this Act;
8 (5) to require a franchisee to participate in an
9 advertising campaign or contest or any promotional
10 campaign, or to purchase or lease any promotional
11 materials, training materials, show room or other display
12 decorations or materials at the expense of the
13 franchisee;
14 (6) to cancel or terminate the franchise or selling
15 agreement of a motor vehicle dealer without good cause
16 and without giving notice as hereinafter provided; to
17 fail or refuse to extend the franchise or selling
18 agreement of a motor vehicle dealer upon its expiration
19 without good cause and without giving notice as
20 hereinafter provided; or, to offer a renewal, replacement
21 or succeeding franchise or selling agreement containing
22 terms and provisions the effect of which is to
23 substantially change or modify the sales and service
24 obligations or capital requirements of the motor vehicle
25 dealer arbitrarily and without good cause and without
26 giving notice as hereinafter provided notwithstanding any
27 term or provision of a franchise or selling agreement.
28 (A) If a manufacturer, distributor,
29 wholesaler, distributor branch or division, factory
30 branch or division or wholesale branch or division
31 intends to cancel or terminate a franchise or
32 selling agreement or intends not to extend or renew
33 a franchise or selling agreement on its expiration,
34 it shall send a letter by certified mail, return
-1035- LRB9111045EGfg
1 receipt requested, to the affected franchisee at
2 least 60 days before the effective date of the
3 proposed action, or not later than 10 days before
4 the proposed action when the reason for the action
5 is based upon either of the following:
6 (i) the business operations of the
7 franchisee have been abandoned or the
8 franchisee has failed to conduct customary
9 sales and service operations during customary
10 business hours for at least 7 consecutive
11 business days unless such closing is due to an
12 act of God, strike or labor difficulty or other
13 cause over which the franchisee has no control;
14 or
15 (ii) the conviction of or plea of nolo
16 contendere by the motor vehicle dealer or any
17 operator thereof in a court of competent
18 jurisdiction to an offense punishable by
19 imprisonment for more than two years.
20 Each notice of proposed action shall include a
21 detailed statement setting forth the specific
22 grounds for the proposed cancellation, termination,
23 or refusal to extend or renew and shall state that
24 the dealer has only 30 days from receipt of the
25 notice to file with the Motor Vehicle Review Board a
26 written protest against the proposed action.
27 (B) If a manufacturer, distributor,
28 wholesaler, distributor branch or division, factory
29 branch or division or wholesale branch or division
30 intends to change substantially or modify the sales
31 and service obligations or capital requirements of a
32 motor vehicle dealer as a condition to extending or
33 renewing the existing franchise or selling agreement
34 of such motor vehicle dealer, it shall send a letter
-1036- LRB9111045EGfg
1 by certified mail, return receipt requested, to the
2 affected franchisee at least 60 days before the
3 date of expiration of the franchise or selling
4 agreement. Each notice of proposed action shall
5 include a detailed statement setting forth the
6 specific grounds for the proposed action and shall
7 state that the dealer has only 30 days from receipt
8 of the notice to file with the Motor Vehicle Review
9 Board a written protest against the proposed action.
10 (C) Within 30 days from receipt of the notice
11 under subparagraphs (A) and (B), the franchisee may
12 file with the Board a written protest against the
13 proposed action.
14 When the protest has been timely filed, the
15 Board shall enter an order, fixing a date (within 60
16 days of the date of the order), time, and place of a
17 hearing on the protest required under Sections 12
18 and 29 of this Act, and send by certified mail,
19 return receipt requested, a copy of the order to the
20 manufacturer that filed the notice of intention of
21 the proposed action and to the protesting dealer or
22 franchisee.
23 The manufacturer shall have the burden of proof
24 to establish that good cause exists to cancel or
25 terminate, or fail to extend or renew the franchise
26 or selling agreement of a motor vehicle dealer or
27 franchisee, and to change substantially or modify
28 the sales and service obligations or capital
29 requirements of a motor vehicle dealer as a
30 condition to extending or renewing the existing
31 franchise or selling agreement. The determination
32 whether good cause exists to cancel, terminate, or
33 refuse to renew or extend the franchise or selling
34 agreement, or to change or modify the obligations of
-1037- LRB9111045EGfg
1 the dealer as a condition to offer renewal,
2 replacement, or succession shall be made by the
3 Board under subsection (d) of Section 12 of this
4 Act.
5 (D) Notwithstanding the terms, conditions, or
6 provisions of a franchise or selling agreement, the
7 following shall not constitute good cause for
8 cancelling or terminating or failing to extend or
9 renew the franchise or selling agreement: (i) the
10 change of ownership or executive management of the
11 franchisee's dealership; or (ii) the fact that the
12 franchisee or owner of an interest in the franchise
13 owns, has an investment in, participates in the
14 management of, or holds a license for the sale of
15 the same or any other line make of new motor
16 vehicles.
17 Good cause shall exist to cancel, terminate or
18 fail to offer a renewal or replacement franchise or
19 selling agreement to all franchisees of a line make
20 if the manufacturer permanently discontinues the
21 manufacture or assembly of motor vehicles of such
22 line make.
23 (E) The manufacturer may not cancel or
24 terminate, or fail to extend or renew a franchise or
25 selling agreement or change or modify the
26 obligations of the franchisee as a condition to
27 offering a renewal, replacement, or succeeding
28 franchise or selling agreement before the hearing
29 process is concluded as prescribed by this Act, and
30 thereafter, if the Board determines that the
31 manufacturer has failed to meet its burden of proof
32 and that good cause does not exist to allow the
33 proposed action; or
34 (7) notwithstanding the terms of any franchise
-1038- LRB9111045EGfg
1 agreement, to fail to indemnify and hold harmless its
2 franchised dealers against any judgment or settlement for
3 damages, including, but not limited to, court costs,
4 expert witness fees, reasonable attorneys' fees of the
5 new motor vehicle dealer, and other expenses incurred in
6 the litigation, so long as such fees and costs are
7 reasonable, arising out of complaints, claims or lawsuits
8 including, but not limited to, strict liability,
9 negligence, misrepresentation, warranty (express or
10 implied), or recision of the sale as defined in Section
11 2-608 of the Uniform Commercial Code, to the extent that
12 the judgment or settlement relates to the alleged
13 defective or negligent manufacture, assembly or design of
14 new motor vehicles, parts or accessories or other
15 functions by the manufacturer, beyond the control of the
16 dealer; provided that, in order to provide an adequate
17 defense, the manufacturer receives notice of the filing
18 of a complaint, claim, or lawsuit within 60 days after
19 the filing.
20 (e) It shall be deemed a violation for a manufacturer, a
21 distributor, a wholesaler, a distributor branch or division
22 or officer, agent or other representative thereof:
23 (1) to resort to or use any false or misleading
24 advertisement in connection with his business as such
25 manufacturer, distributor, wholesaler, distributor branch
26 or division or officer, agent or other representative
27 thereof;
28 (2) to offer to sell or lease, or to sell or lease,
29 any new motor vehicle to any motor vehicle dealer at a
30 lower actual price therefor than the actual price offered
31 to any other motor vehicle dealer for the same model
32 vehicle similarly equipped or to utilize any device
33 including, but not limited to, sales promotion plans or
34 programs which result in such lesser actual price or
-1039- LRB9111045EGfg
1 fail to make available to any motor vehicle dealer any
2 preferential pricing, incentive, rebate, finance rate, or
3 low interest loan program offered to competing motor
4 vehicle dealers in other contiguous states. However, the
5 provisions of this paragraph shall not apply to sales to
6 a motor vehicle dealer for resale to any unit of the
7 United States Government, the State or any of its
8 political subdivisions;
9 (3) to offer to sell or lease, or to sell or lease,
10 any new motor vehicle to any person, except a wholesaler,
11 distributor or manufacturer's employees at a lower actual
12 price therefor than the actual price offered and charged
13 to a motor vehicle dealer for the same model vehicle
14 similarly equipped or to utilize any device which results
15 in such lesser actual price. However, the provisions of
16 this paragraph shall not apply to sales to a motor
17 vehicle dealer for resale to any unit of the United
18 States Government, the State or any of its political
19 subdivisions;
20 (4) to prevent or attempt to prevent by contract or
21 otherwise any motor vehicle dealer or franchisee from
22 changing the executive management control of the motor
23 vehicle dealer or franchisee unless the franchiser,
24 having the burden of proof, proves that such change of
25 executive management will result in executive management
26 control by a person or persons who are not of good moral
27 character or who do not meet the franchiser's existing
28 and, with consideration given to the volume of sales and
29 service of the dealership, uniformly applied minimum
30 business experience standards in the market area. However
31 where the manufacturer rejects a proposed change in
32 executive management control, the manufacturer shall give
33 written notice of his reasons to the dealer within 60
34 days of notice to the manufacturer by the dealer of the
-1040- LRB9111045EGfg
1 proposed change. If the manufacturer does not send a
2 letter to the franchisee by certified mail, return
3 receipt requested, within 60 days from receipt by the
4 manufacturer of the proposed change, then the change of
5 the executive management control of the franchisee shall
6 be deemed accepted as proposed by the franchisee, and the
7 manufacturer shall give immediate effect to such change;
8 (5) to prevent or attempt to prevent by contract or
9 otherwise any motor vehicle dealer from establishing or
10 changing the capital structure of his dealership or the
11 means by or through which he finances the operation
12 thereof; provided the dealer meets any reasonable capital
13 standards agreed to between the dealer and the
14 manufacturer, distributor or wholesaler, who may require
15 that the sources, method and manner by which the dealer
16 finances or intends to finance its operation, equipment
17 or facilities be fully disclosed;
18 (6) to refuse to give effect to or prevent or
19 attempt to prevent by contract or otherwise any motor
20 vehicle dealer or any officer, partner or stockholder of
21 any motor vehicle dealer from selling or transferring any
22 part of the interest of any of them to any other person
23 or persons or party or parties unless such sale or
24 transfer is to a transferee who would not otherwise
25 qualify for a new motor vehicle dealers license under
26 "The Illinois Vehicle Code" or unless the franchiser,
27 having the burden of proof, proves that such sale or
28 transfer is to a person or party who is not of good moral
29 character or does not meet the franchiser's existing and
30 reasonable capital standards and, with consideration
31 given to the volume of sales and service of the
32 dealership, uniformly applied minimum business experience
33 standards in the market area. However, nothing herein
34 shall be construed to prevent a franchiser from
-1041- LRB9111045EGfg
1 implementing affirmative action programs providing
2 business opportunities for minorities or from complying
3 with applicable federal, State or local law:
4 (A) If the manufacturer intends to refuse to
5 approve the sale or transfer of all or a part of the
6 interest, then it shall, within 60 days from receipt
7 of the completed application forms generally
8 utilized by a manufacturer to conduct its review and
9 a copy of all agreements regarding the proposed
10 transfer, send a letter by certified mail, return
11 receipt requested, advising the franchisee of any
12 refusal to approve the sale or transfer of all or
13 part of the interest and shall state that the dealer
14 only has 30 days from the receipt of the notice to
15 file with the Motor Vehicle Review Board a written
16 protest against the proposed action. The notice
17 shall set forth specific criteria used to evaluate
18 the prospective transferee and the grounds for
19 refusing to approve the sale or transfer to that
20 transferee. Within 30 days from the franchisee's
21 receipt of the manufacturer's notice, the franchisee
22 may file with the Board a written protest against
23 the proposed action.
24 When a protest has been timely filed, the Board
25 shall enter an order, fixing the date (within 60
26 days of the date of such order), time, and place of
27 a hearing on the protest, required under Sections 12
28 and 29 of this Act, and send by certified mail,
29 return receipt requested, a copy of the order to the
30 manufacturer that filed notice of intention of the
31 proposed action and to the protesting franchisee.
32 The manufacturer shall have the burden of proof
33 to establish that good cause exists to refuse to
34 approve the sale or transfer to the transferee. The
-1042- LRB9111045EGfg
1 determination whether good cause exists to refuse to
2 approve the sale or transfer shall be made by the
3 Board under subdivisions (6)(B). The manufacturer
4 shall not refuse to approve the sale or transfer by
5 a dealer or an officer, partner, or stockholder of a
6 franchise or any part of the interest to any person
7 or persons before the hearing process is concluded
8 as prescribed by this Act, and thereafter if the
9 Board determines that the manufacturer has failed to
10 meet its burden of proof and that good cause does
11 not exist to refuse to approve the sale or transfer
12 to the transferee.
13 (B) Good cause to refuse to approve such sale
14 or transfer under this Section is established when
15 such sale or transfer is to a transferee who would
16 not otherwise qualify for a new motor vehicle
17 dealers license under "The Illinois Vehicle Code" or
18 such sale or transfer is to a person or party who is
19 not of good moral character or does not meet the
20 franchiser's existing and reasonable capital
21 standards and, with consideration given to the
22 volume of sales and service of the dealership,
23 uniformly applied minimum business experience
24 standards in the market area.
25 (7) to obtain money, goods, services, anything of
26 value, or any other benefit from any other person with
27 whom the motor vehicle dealer does business, on account
28 of or in relation to the transactions between the dealer
29 and the other person as compensation, except for services
30 actually rendered, unless such benefit is promptly
31 accounted for and transmitted to the motor vehicle
32 dealer;
33 (8) to grant an additional franchise in the
34 relevant market area of an existing franchise of the same
-1043- LRB9111045EGfg
1 line make or to relocate an existing motor vehicle
2 dealership within or into a relevant market area of an
3 existing franchise of the same line make. However, if the
4 manufacturer wishes to grant such an additional franchise
5 to an independent person in a bona fide relationship in
6 which such person is prepared to make a significant
7 investment subject to loss in such a dealership, or if
8 the manufacturer wishes to relocate an existing motor
9 vehicle dealership, then the manufacturer shall send a
10 letter by certified mail, return receipt requested, to
11 each existing dealer or dealers of the same line make
12 whose relevant market area includes the proposed location
13 of the additional or relocated franchise at least 60 days
14 before the manufacturer grants an additional franchise or
15 relocates an existing franchise of the same line make
16 within or into the relevant market area of an existing
17 franchisee of the same line make. Each notice shall set
18 forth the specific grounds for the proposed grant of an
19 additional or relocation of an existing franchise.
20 Unless the parties agree upon the grant or establishment
21 of the additional or relocated franchise within 30 days
22 from the date the notice was received by the existing
23 franchisee of the same line make or any person entitled
24 to receive such notice, the franchisee or other person
25 may file with the Board a written protest against the
26 grant or establishment of the proposed additional or
27 relocated franchise and shall state that the dealer only
28 has 30 days from the receipt of the notice to file with
29 the Motor Vehicle Review Board a written protest against
30 the proposed action.
31 When a protest has been timely filed, the Board
32 shall enter an order fixing a date (within 60 days of the
33 date of the order), time, and place of a hearing on the
34 protest, required under Sections 12 and 29 of this Act,
-1044- LRB9111045EGfg
1 and send by certified or registered mail, return receipt
2 requested, a copy of the order to the manufacturer that
3 filed the notice of intention to grant or establish the
4 proposed additional or relocated franchise and to the
5 protesting dealer or dealers of the same line make whose
6 relevant market area includes the proposed location of
7 the additional or relocated franchise.
8 When more than one protest is filed against the
9 grant or establishment of the additional or relocated
10 franchise of the same line make, the Board may
11 consolidate the hearings to expedite disposition of the
12 matter. The manufacturer shall have the burden of proof
13 to establish that good cause exists to allow the grant or
14 establishment of the additional or relocated franchise.
15 The manufacturer may not grant or establish the
16 additional franchise or relocate the existing franchise
17 before the hearing process is concluded as prescribed by
18 this Act, and thereafter if the Board determines that the
19 manufacturer has failed to meet its burden of proof and
20 that good cause does not exist to allow the grant or
21 establishment of the additional franchise or relocation
22 of the existing franchise.
23 The determination whether good cause exists for
24 allowing the grant or establishment of an additional
25 franchise or relocated existing franchise, shall be made
26 by the Board under subsection (c) of Section 12 of this
27 Act. If the manufacturer seeks to enter into a contract,
28 agreement or other arrangement with any person,
29 establishing any additional motor vehicle dealership or
30 other facility, limited to the sale of factory repurchase
31 vehicles or late model vehicles, then the manufacturer
32 shall follow the notice procedures set forth in this
33 Section and the determination whether good cause exists
34 for allowing the proposed agreement shall be made by the
-1045- LRB9111045EGfg
1 Board under subsection (c) of Section 12, with the
2 manufacturer having the burden of proof.
3 A. (Blank).
4 B. For the purposes of this Section,
5 appointment of a successor motor vehicle dealer at
6 the same location as its predecessor, or within 2
7 miles of such location, or the relocation of an
8 existing dealer or franchise within 2 miles of the
9 relocating dealer's or franchisee's existing
10 location, shall not be construed as a grant,
11 establishment or the entering into of an additional
12 franchise or selling agreement, or a relocation of
13 an existing franchise. The reopening of a motor
14 vehicle dealership that has not been in operation
15 for 18 months or more shall be deemed the grant of
16 an additional franchise or selling agreement.
17 C. This Section does not apply to the
18 relocation of an existing dealership or franchise in
19 a county having a population of more than 300,000
20 persons when the new location is within the dealer's
21 current relevant market area, provided the new
22 location is more than 7 miles from the nearest
23 dealer of the same line make or is further away from
24 the nearest dealer of the same line make. This
25 Section does not apply to the relocation of an
26 existing dealership or franchise in a county having
27 a population of less than 300,000 persons when the
28 new location is within the dealer's current relevant
29 market area, provided the new location is more than
30 12 miles from the nearest dealer of the same line
31 make or is further away from the nearest dealer of
32 the same line make.
33 D. Nothing in this Section shall be construed
34 to prevent a franchiser from implementing
-1046- LRB9111045EGfg
1 affirmative action programs providing business
2 opportunities for minorities or from complying with
3 applicable federal, State or local law;
4 (9) to require a motor vehicle dealer to assent to
5 a release, assignment, novation, waiver or estoppel which
6 would relieve any person from liability imposed by this
7 Act;
8 (10) to prevent or refuse to give effect to the
9 succession to the ownership or management control of a
10 dealership by any legatee under the will of a dealer or
11 to an heir under the laws of descent and distribution of
12 this State unless the franchisee has designated a
13 successor to the ownership or management control under
14 the succession provisions of the franchise. Unless the
15 franchiser, having the burden of proof, proves that the
16 successor is a person who is not of good moral character
17 or does not meet the franchiser's existing and reasonable
18 capital standards and, with consideration given to the
19 volume of sales and service of the dealership, uniformly
20 applied minimum business experience standards in the
21 market area, any designated successor of a dealer or
22 franchisee may succeed to the ownership or management
23 control of a dealership under the existing franchise if:
24 (i) The designated successor gives the
25 franchiser written notice by certified mail,
26 return receipt requested, of his or her
27 intention to succeed to the ownership of the
28 dealer within 60 days of the dealer's death or
29 incapacity; and
30 (ii) The designated successor agrees to
31 be bound by all the terms and conditions of the
32 existing franchise.
33 Notwithstanding the foregoing, in the event the
34 motor vehicle dealer or franchisee and manufacturer have
-1047- LRB9111045EGfg
1 duly executed an agreement concerning succession rights
2 prior to the dealer's death or incapacitation, the
3 agreement shall be observed.
4 (A) If the franchiser intends to refuse to
5 honor the successor to the ownership of a deceased
6 or incapacitated dealer or franchisee under an
7 existing franchise agreement, the franchiser shall
8 send a letter by certified mail, return receipt
9 requested, to the designated successor within 60
10 days from receipt of a proposal advising of its
11 intent to refuse to honor the succession and to
12 discontinue the existing franchise agreement and
13 shall state that the designated successor only has
14 30 days from the receipt of the notice to file with
15 the Motor Vehicle Review Board a written protest
16 against the proposed action. The notice shall set
17 forth the specific grounds for the refusal to honor
18 the succession and discontinue the existing
19 franchise agreement.
20 If notice of refusal is not timely served upon
21 the designated successor, the franchise agreement
22 shall continue in effect subject to termination only
23 as otherwise permitted by paragraph (6) of
24 subsection (d) of Section 4 of this Act.
25 Within 30 days from the date the notice was
26 received by the designated successor or any other
27 person entitled to notice, the designee or other
28 person may file with the Board a written protest
29 against the proposed action.
30 When a protest has been timely filed, the Board
31 shall enter an order, fixing a date (within 60 days
32 of the date of the order), time, and place of a
33 hearing on the protest, required under Sections 12
34 and 29 of this Act, and send by certified mail,
-1048- LRB9111045EGfg
1 return receipt requested, a copy of the order to the
2 franchiser that filed the notice of intention of the
3 proposed action and to the protesting designee or
4 such other person.
5 The manufacturer shall have the burden of proof
6 to establish that good cause exists to refuse to
7 honor the succession and discontinue the existing
8 franchise agreement. The determination whether good
9 cause exists to refuse to honor the succession shall
10 be made by the Board under subdivision (B) of this
11 paragraph (10). The manufacturer shall not refuse
12 to honor the succession or discontinue the existing
13 franchise agreement before the hearing process is
14 concluded as prescribed by this Act, and thereafter
15 if the Board determines that it has failed to meet
16 its burden of proof and that good cause does not
17 exist to refuse to honor the succession and
18 discontinue the existing franchise agreement.
19 (B) No manufacturer shall impose any
20 conditions upon honoring the succession and
21 continuing the existing franchise agreement with the
22 designated successor other than that the franchisee
23 has designated a successor to the ownership or
24 management control under the succession provisions
25 of the franchise, or that the designated successor
26 is of good moral character or meets the reasonable
27 capital standards and, with consideration given to
28 the volume of sales and service of the dealership,
29 uniformly applied minimum business experience
30 standards in the market area;
31 (11) to prevent or refuse to approve a proposal to
32 establish a successor franchise at a location previously
33 approved by the franchiser when submitted with the
34 voluntary termination by the existing franchisee unless
-1049- LRB9111045EGfg
1 the successor franchisee would not otherwise qualify for
2 a new motor vehicle dealer's license under the Illinois
3 Vehicle Code or unless the franchiser, having the burden
4 of proof, proves that such proposed successor is not of
5 good moral character or does not meet the franchiser's
6 existing and reasonable capital standards and, with
7 consideration given to the volume of sales and service of
8 the dealership, uniformly applied minimum business
9 experience standards in the market area. However, when
10 such a rejection of a proposal is made, the manufacturer
11 shall give written notice of its reasons to the
12 franchisee within 60 days of receipt by the manufacturer
13 of the proposal. However, nothing herein shall be
14 construed to prevent a franchiser from implementing
15 affirmative action programs providing business
16 opportunities for minorities, or from complying with
17 applicable federal, State or local law;
18 (12) to prevent or refuse to grant a franchise to a
19 person because such person owns, has investment in or
20 participates in the management of or holds a franchise
21 for the sale of another make or line of motor vehicles
22 within 7 miles of the proposed franchise location in a
23 county having a population of more than 300,000 persons,
24 or within 12 miles of the proposed franchise location in
25 a county having a population of less than 300,000
26 persons; or
27 (13) to prevent or attempt to prevent any new motor
28 vehicle dealer from establishing any additional motor
29 vehicle dealership or other facility limited to the sale
30 of factory repurchase vehicles or late model vehicles or
31 otherwise offering for sale factory repurchase vehicles
32 of the same line make at an existing franchise by failing
33 to make available any contract, agreement or other
34 arrangement which is made available or otherwise offered
-1050- LRB9111045EGfg
1 to any person.
2 (f) It is deemed a violation for a manufacturer, a
3 distributor, a wholesale, a distributor branch or division, a
4 factory branch or division, or a wholesale branch or
5 division, or officer, agent, broker, shareholder, except a
6 shareholder of 1% or less of the outstanding shares of any
7 class of securities of a manufacturer, distributor, or
8 wholesaler which is a publicly traded corporation, or other
9 representative, directly or indirectly, to own or operate a
10 place of business as a motor vehicle franchisee or motor
11 vehicle financing affiliate, except that, this subsection
12 shall not prohibit the ownership or operation of a place of
13 business by a manufacturer, distributor, or wholesaler for a
14 period, not to exceed 18 months, during the transition from
15 one motor vehicle franchisee to another; or the investment in
16 a motor vehicle franchisee by a manufacturer, distributor, or
17 wholesaler if the investment is for the sole purpose of
18 enabling a partner or shareholder in that motor vehicle
19 franchisee to acquire an interest in that motor vehicle
20 franchisee and that partner or shareholder is not otherwise
21 employed by or associated with the manufacturer, distributor,
22 or wholesaler and would not otherwise have the requisite
23 capital investment funds to invest in the motor vehicle
24 franchisee, and has the right to purchase the entire equity
25 interest of the manufacturer, distributor, or wholesaler in
26 the motor vehicle franchisee within a reasonable period of
27 time not to exceed 5 years.
28 (Source: P.A. 90-655, eff. 7-30-98; 91-415, eff. 1-1-00;
29 91-485, eff. 1-1-00; revised 10-19-99.)
30 Section 106. The Prevailing Wage Act is amended by
31 changing Section 2 as follows:
32 (820 ILCS 130/2) (from Ch. 48, par. 39s-2)
-1051- LRB9111045EGfg
1 Sec. 2. This Act applies to the wages of laborers,
2 mechanics and other workers employed in any public works, as
3 hereinafter defined, by any public body and to anyone under
4 contracts for public works.
5 As used in this Act, unless the context indicates
6 otherwise:
7 "Public works" means all fixed works constructed for
8 public use by any public body, other than work done directly
9 by any public utility company, whether or not done under
10 public supervision or direction, or paid for wholly or in
11 part out of public funds. "Public works" as defined herein
12 includes all projects financed in whole or in part with bonds
13 issued under the Industrial Project Revenue Bond Act (Article
14 11, Division 74 of the Illinois Municipal Code), the
15 Industrial Building Revenue Bond Act, the Illinois
16 Development Finance Authority Act, or the Build Illinois Bond
17 Act, and all projects financed in whole or in part with loans
18 or other funds made available pursuant to the Build Illinois
19 Act.
20 "Construction" means all work on public works involving
21 laborers, workers or mechanics.
22 "Locality" means the county where the physical work upon
23 public works is performed, except (1) that if there is not
24 available in the county a sufficient number of competent
25 skilled laborers, workers and mechanics to construct the
26 public works efficiently and properly, "locality" includes
27 any other county nearest the one in which the work or
28 construction is to be performed and from which such persons
29 may be obtained in sufficient numbers to perform the work and
30 (2) that, with respect to contracts for highway work with the
31 Department of Transportation of this State, "locality" may at
32 the discretion of the Secretary of the Department of
33 Transportation be construed to include two or more adjacent
34 counties from which workers may be accessible for work on
-1052- LRB9111045EGfg
1 such construction.
2 "Public body" means the State or any officer, board or
3 commission of the State or any political subdivision or
4 department thereof, or any institution supported in whole or
5 in part by public funds, authorized by law to construct
6 public works or to enter into any contract for the
7 construction of public works, and includes every county,
8 city, town, village, township, school district, irrigation,
9 utility, reclamation improvement or other district and every
10 other political subdivision, district or municipality of the
11 state whether such political subdivision, municipality or
12 district operates under a special charter or not.
13 The terms "general prevailing rate of hourly wages",
14 "general prevailing rate of wages" or "prevailing rate of
15 wages" when used in this Act mean the hourly cash wages plus
16 fringe benefits for training and apprenticeship programs
17 approved by the U.S. Department of Labor, Bureau of
18 Apprenticeship and Training, health and welfare, insurance,
19 vacations and pensions paid generally, in the locality in
20 which the work is being performed, to employees engaged in
21 work of a similar similiar character on public works.
22 (Source: P.A. 91-105, eff. 1-1-00; revised 10-7-99.)
23 Section 996. No acceleration or delay. Where this Act
24 makes changes in a statute that is represented in this Act by
25 text that is not yet or no longer in effect (for example, a
26 Section represented by multiple versions), the use of that
27 text does not accelerate or delay the taking effect of (i)
28 the changes made by this Act or (ii) provisions derived from
29 any other Public Act.
30 Section 997. No revival or extension. This Act does not
31 revive or extend any Section or Act otherwise repealed.
-1053- LRB9111045EGfg
1 Section 999. Effective date. This Act takes effect upon
2 becoming law.
-1054- LRB9111045EGfg
1 INDEX
2 Statutes amended in order of appearance
3 5 ILCS 80/4.10 from Ch. 127, par. 1904.10
4 5 ILCS 80/4.20
5 5 ILCS 120/1.02 from Ch. 102, par. 41.02
6 5 ILCS 140/7 from Ch. 116, par. 207
7 5 ILCS 160/4a
8 5 ILCS 375/3 from Ch. 127, par. 523
9 5 ILCS 375/6.12
10 5 ILCS 375/6.13
11 5 ILCS 375/10 from Ch. 127, par. 530
12 10 ILCS 5/7-10 from Ch. 46, par. 7-10
13 20 ILCS 5/Art. 1 heading
14 20 ILCS 5/1-2 new
15 20 ILCS 5/1-5
16 20 ILCS 5/5-300 was 20 ILCS 5/9
17 20 ILCS 5/5-310 was 20 ILCS 5/9.21
18 20 ILCS 5/5-315 was 20 ILCS 5/9.02
19 20 ILCS 5/5-320 was 20 ILCS 5/9.19
20 20 ILCS 5/5-325 was 20 ILCS 5/9.16
21 20 ILCS 5/5-330 was 20 ILCS 5/9.18
22 20 ILCS 5/5-335 was 20 ILCS 5/9.11a
23 20 ILCS 5/5-340 was 20 ILCS 5/9.30
24 20 ILCS 5/5-345 was 20 ILCS 5/9.15
25 20 ILCS 5/5-350 was 20 ILCS 5/9.24
26 20 ILCS 5/5-355 was 20 ILCS 5/9.05a
27 20 ILCS 5/5-360 was 20 ILCS 5/9.10
28 20 ILCS 5/5-365 was 20 ILCS 5/9.03
29 20 ILCS 5/5-370 was 20 ILCS 5/9.31
30 20 ILCS 5/5-375 was 20 ILCS 5/9.09
31 20 ILCS 5/5-385 was 20 ILCS 5/9.25
32 20 ILCS 5/5-390 was 20 ILCS 5/9.08
33 20 ILCS 5/5-395 was 20 ILCS 5/9.17
34 20 ILCS 5/5-400 was 20 ILCS 5/9.07
-1055- LRB9111045EGfg
1 20 ILCS 5/5-405 was 20 ILCS 5/9.12
2 20 ILCS 5/5-410 was 20 ILCS 5/9.11
3 20 ILCS 5/5-415 was 20 ILCS 5/9.05
4 20 ILCS 5/5-420 was 20 ILCS 5/9.22
5 20 ILCS 5/5-525 was 20 ILCS 5/6.01
6 20 ILCS 5/5-550 was 20 ILCS 5/6.23
7 20 ILCS 105/4.04 from Ch. 23, par. 6104.04
8 20 ILCS 205/205-47 was 20 ILCS 205/40.43
9 20 ILCS 205/205-60 was 20 ILCS 205/40.35
10 20 ILCS 505/5 from Ch. 23, par. 5005
11 20 ILCS 510/510-5
12 20 ILCS 605/605-55 was 20 ILCS 605/46.21
13 20 ILCS 605/605-111 was 20 ILCS 605/46.34a
14 20 ILCS 605/605-112 was 20 ILCS 605/46.34b
15 20 ILCS 605/605-323 was 20 ILCS 605/46.76
16 20 ILCS 605/605-385 was 20 ILCS 605/46.62
17 20 ILCS 605/605-415
18 20 ILCS 605/605-420 was 20 ILCS 605/46.75
19 20 ILCS 605/605-512 was 20 ILCS 605/46.70
20 20 ILCS 605/605-550 was 20 ILCS 605/46.71
21 20 ILCS 605/605-615 was 20 ILCS 605/46.19e
22 20 ILCS 605/605-705 was 20 ILCS 605/46.6a
23 20 ILCS 605/605-707 was 20 ILCS 605/46.6d
24 20 ILCS 605/605-800 was 20 ILCS 605/46.19a in part
25 20 ILCS 605/605-817 was 20 ILCS 605/46.19k
26 20 ILCS 605/605-850 was 20 ILCS 605/46.32a in part
27 20 ILCS 605/605-855 was 20 ILCS 605/46.32a in part
28 20 ILCS 605/605-860 was 20 ILCS 605/46.32a in part
29 20 ILCS 605/605-940 was 20 ILCS 605/46.37
30 20 ILCS 1005/1005-110 was 20 ILCS 1005/44a
31 20 ILCS 1005/1005-130 was 20 ILCS 1005/43a.14
32 20 ILCS 1405/1405-20 was 20 ILCS 1405/56.3
33 20 ILCS 1405/1405-25 was 20 ILCS 1405/56.3
34 20 ILCS 2105/2105-5 was 20 ILCS 2105/60b
-1056- LRB9111045EGfg
1 20 ILCS 2105/2105-15 was 20 ILCS 2105/60
2 20 ILCS 2105/2105-30 was 20 ILCS 2105/60p
3 20 ILCS 2105/2105-75 was 20 ILCS 2105/61f
4 20 ILCS 2105/2105-120 was 20 ILCS 2105/60g
5 20 ILCS 2105/2105-150 was 20 ILCS 2105/60m
6 20 ILCS 2310/2310-205 was 20 ILCS 2310/55.57
7 20 ILCS 2310/2310-227 was 20 ILCS 2310/55.58a
8 20 ILCS 2310/2310-322 was 20 ILCS 2310/55.56a
9 20 ILCS 2310/2310-337 was 20 ILCS 2310/55.95
10 20 ILCS 2310/2310-350 was 20 ILCS 2310/55.70
11 20 ILCS 2310/2310-351 was 20 ILCS 2310/55.91
12 20 ILCS 2310/2310-370 was 20 ILCS 2310/55.76
13 20 ILCS 2310/2310-397 was 20 ILCS 2310/55.90
14 20 ILCS 2310/2310-398 was 20 ILCS 2310/55.91
15 20 ILCS 2310/2310-430 was 20 ILCS 2310/55.69
16 20 ILCS 2310/2310-537 was 20 ILCS 2310/55.75a
17 20 ILCS 2405/12a from Ch. 23, par. 3443a
18 20 ILCS 2505/2505-65 was 20 ILCS 2505/39b12
19 20 ILCS 2505/2505-650 was 20 ILCS 2505/39b52
20 20 ILCS 2605/2605-40 was 20 ILCS 2605/55a-4
21 20 ILCS 2605/2605-302 was 20 ILCS 2605/55a in part
22 20 ILCS 2605/2605-330 was 20 ILCS 2605/55a in part
23 20 ILCS 2605/2605-475 was 20 ILCS 2605/55a in part
24 20 ILCS 2630/3 from Ch. 38, par. 206-3
25 20 ILCS 2705/2705-200 was 20 ILCS 2705/49.16
26 20 ILCS 3105/16 from Ch. 127, par. 783b
27 30 ILCS 105/5.490
28 30 ILCS 105/5.491
29 30 ILCS 105/5.492
30 30 ILCS 105/5.493
31 30 ILCS 105/5.494
32 30 ILCS 105/5.497
33 30 ILCS 105/5.498
34 30 ILCS 105/5.499
-1057- LRB9111045EGfg
1 30 ILCS 105/5.501
2 30 ILCS 105/5.502
3 30 ILCS 105/5.503
4 30 ILCS 105/5.504
5 30 ILCS 105/5.505
6 30 ILCS 105/5.506
7 30 ILCS 105/5.507
8 30 ILCS 105/5.508
9 30 ILCS 105/5.509
10 30 ILCS 105/5.510
11 30 ILCS 105/5.511
12 30 ILCS 105/5.512
13 30 ILCS 105/5.513
14 30 ILCS 105/5.514
15 30 ILCS 105/5.515
16 30 ILCS 105/5.516
17 30 ILCS 105/5.517
18 30 ILCS 105/5.518
19 30 ILCS 105/5.519
20 30 ILCS 105/5.520
21 30 ILCS 105/5.521
22 30 ILCS 105/5.522
23 30 ILCS 105/5.523
24 30 ILCS 105/5.524
25 30 ILCS 105/5.525
26 30 ILCS 105/5.526
27 30 ILCS 105/5.527
28 30 ILCS 105/5.528
29 30 ILCS 105/5.529
30 30 ILCS 105/5.530
31 30 ILCS 105/5.531
32 30 ILCS 105/8.36
33 30 ILCS 105/8.37
34 30 ILCS 330/4 from Ch. 127, par. 654
-1058- LRB9111045EGfg
1 30 ILCS 330/9 from Ch. 127, par. 659
2 30 ILCS 350/15 from Ch. 17, par. 6915
3 30 ILCS 740/2-7 from Ch. 111 2/3, par. 667
4 30 ILCS 805/8.23
5 35 ILCS 5/201 from Ch. 120, par. 2-201
6 35 ILCS 5/203 from Ch. 120, par. 2-203
7 35 ILCS 5/509 from Ch. 120, par. 5-509
8 35 ILCS 5/510 from Ch. 120, par. 5-510
9 35 ILCS 5/901 from Ch. 120, par. 9-901
10 35 ILCS 105/3-5 from Ch. 120, par. 439.3-5
11 35 ILCS 105/3-55 from Ch. 120, par. 439.3-55
12 35 ILCS 105/9 from Ch. 120, par. 439.9
13 35 ILCS 110/3-5 from Ch. 120, par. 439.33-5
14 35 ILCS 110/3-45 from Ch. 120, par. 439.33-45
15 35 ILCS 110/9 from Ch. 120, par. 439.39
16 35 ILCS 115/3-5 from Ch. 120, par. 439.103-5
17 35 ILCS 115/9 from Ch. 120, par. 439.109
18 35 ILCS 120/2-5 from Ch. 120, par. 441-5
19 35 ILCS 120/3 from Ch. 120, par. 442
20 35 ILCS 145/6 from Ch. 120, par. 481b.36
21 35 ILCS 200/Art. 10, Div. 11 heading
22 35 ILCS 200/10-235
23 35 ILCS 200/10-240
24 35 ILCS 200/10-260
25 35 ILCS 200/Art. 10, Div. 12 heading
26 35 ILCS 200/10-300
27 35 ILCS 200/15-35
28 35 ILCS 200/15-105
29 35 ILCS 200/15-172
30 35 ILCS 505/1.2 from Ch. 120, par. 417.2
31 35 ILCS 505/1.14 from Ch. 120, par. 417.14
32 35 ILCS 505/8 from Ch. 120, par. 424
33 40 ILCS 5/1-109.1 from Ch. 108 1/2, par. 1-109.1
34 50 ILCS 20/18 from Ch. 85, par. 1048
-1059- LRB9111045EGfg
1 50 ILCS 205/3b
2 50 ILCS 750/15.6
3 55 ILCS 5/4-2001 from Ch. 34, par. 4-2001
4 65 ILCS 5/11-31-1 from Ch. 24, par. 11-31-1
5 65 ILCS 5/11-74.4-3 from Ch. 24, par. 11-74.4-3
6 65 ILCS 5/11-74.4-4 from Ch. 24, par. 11-74.4-4
7 65 ILCS 5/11-74.4-7 from Ch. 24, par. 11-74.4-7
8 65 ILCS 5/11-74.4-8 from Ch. 24, par. 11-74.4-8
9 70 ILCS 210/23.1 from Ch. 85, par. 1243.1
10 70 ILCS 3205/9 from Ch. 85, par. 6009
11 70 ILCS 3615/4.09 from Ch. 111 2/3, par. 704.09
12 105 ILCS 5/2-3.126
13 105 ILCS 5/2-3.128
14 105 ILCS 5/2-3.129
15 105 ILCS 5/2-3.130
16 105 ILCS 5/10-20.31
17 105 ILCS 5/10-20.32
18 105 ILCS 5/10-20.33
19 105 ILCS 5/14-8.05 from Ch. 122, par. 14-8.05
20 105 ILCS 5/18-8.05
21 105 ILCS 5/21-2 from Ch. 122, par. 21-2
22 105 ILCS 5/27A-4
23 105 ILCS 5/27A-9
24 105 ILCS 5/27A-11.5
25 105 ILCS 5/34-8.3 from Ch. 122, par. 34-8.3
26 105 ILCS 5/34-18.18
27 105 ILCS 5/34-18.19
28 105 ILCS 5/34-18.20
29 110 ILCS 12/15
30 110 ILCS 805/2-16.04
31 110 ILCS 805/2-16.05
32 110 ILCS 947/35
33 215 ILCS 5/143.13 from Ch. 73, par. 755.13
34 215 ILCS 5/356y
-1060- LRB9111045EGfg
1 215 ILCS 5/356z
2 215 ILCS 5/370a from Ch. 73, par. 982a
3 215 ILCS 106/22
4 215 ILCS 125/1-3 from Ch. 111 1/2, par. 1402.1
5 215 ILCS 125/2-7 from Ch. 111 1/2, par. 1407
6 215 ILCS 125/5-3 from Ch. 111 1/2, par. 1411.2
7 215 ILCS 130/4003 from Ch. 73, par. 1504-3
8 215 ILCS 152/10
9 215 ILCS 155/3 from Ch. 73, par. 1403
10 215 ILCS 165/10 from Ch. 32, par. 604
11 220 ILCS 5/4-101 from Ch. 111 2/3, par. 4-101
12 225 ILCS 46/15
13 225 ILCS 60/21 from Ch. 111, par. 4400-21
14 225 ILCS 85/9 from Ch. 111, par. 4129
15 225 ILCS 105/23 from Ch. 111, par. 5023
16 225 ILCS 305/3 from Ch. 111, par. 1303
17 225 ILCS 305/38 from Ch. 111, par. 1338
18 225 ILCS 310/4 from Ch. 111, par. 8204
19 225 ILCS 310/30 from Ch. 111, par. 8230
20 225 ILCS 315/15 from Ch. 111, par. 8115
21 225 ILCS 325/4 from Ch. 111, par. 5204
22 225 ILCS 325/23 from Ch. 111, par. 5223
23 225 ILCS 325/44 from Ch. 111, par. 5244
24 225 ILCS 330/4 from Ch. 111, par. 3254
25 225 ILCS 330/48 from Ch. 111, par. 3298
26 225 ILCS 446/30
27 225 ILCS 454/1-10
28 225 ILCS 454/5-20
29 225 ILCS 454/15-20
30 225 ILCS 650/5 from Ch. 56 1/2, par. 305
31 230 ILCS 5/12.1 from Ch. 8, par. 37-12.1
32 230 ILCS 5/28 from Ch. 8, par. 37-28
33 230 ILCS 10/5 from Ch. 120, par. 2405
34 240 ILCS 40/1-10
-1061- LRB9111045EGfg
1 240 ILCS 40/1-15
2 305 ILCS 5/5-5 from Ch. 23, par. 5-5
3 305 ILCS 5/10-3.1 from Ch. 23, par. 10-3.1
4 305 ILCS 5/10-8 from Ch. 23, par. 10-8
5 305 ILCS 5/10-10 from Ch. 23, par. 10-10
6 305 ILCS 5/10-16 from Ch. 23, par. 10-16
7 305 ILCS 5/10-19 from Ch. 23, par. 10-19
8 305 ILCS 5/12-9 from Ch. 23, par. 12-9
9 305 ILCS 5/12-10.2 from Ch. 23, par. 12-10.2
10 320 ILCS 20/2 from Ch. 23, par. 6602
11 325 ILCS 5/4 from Ch. 23, par. 2054
12 410 ILCS 65/4 from Ch. 111 1/2, par. 8054
13 415 ILCS 5/19.2 from Ch. 111 1/2, par. 1019.2
14 415 ILCS 5/19.3 from Ch. 111 1/2, par. 1019.3
15 415 ILCS 5/19.4 from Ch. 111 1/2, par. 1019.4
16 415 ILCS 5/19.5 from Ch. 111 1/2, par. 1019.5
17 415 ILCS 5/19.6 from Ch. 111 1/2, par. 1019.6
18 415 ILCS 5/58.15
19 415 ILCS 5/58.16
20 415 ILCS 45/1 from Ch. 111 1/2, par. 501
21 420 ILCS 40/4 from Ch. 111 1/2, par. 210-4
22 420 ILCS 40/11 from Ch. 111 1/2, par. 210-11
23 420 ILCS 40/25 from Ch. 111 1/2, par. 210-25
24 510 ILCS 70/16 from Ch. 8, par. 716
25 605 ILCS 10/20.1 from Ch. 121, par. 100-20.1
26 625 ILCS 5/2-119 from Ch. 95 1/2, par. 2-119
27 625 ILCS 5/3-100 from Ch. 95 1/2, par. 3-100
28 625 ILCS 5/3-818 from Ch. 95 1/2, par. 3-818
29 625 ILCS 5/3-821 from Ch. 95 1/2, par. 3-821
30 625 ILCS 5/12-201 from Ch. 95 1/2, par. 12-201
31 705 ILCS 105/27.1 from Ch. 25, par. 27.1
32 705 ILCS 105/27.1a from Ch. 25, par. 27.1a
33 705 ILCS 105/27.2 from Ch. 25, par. 27.2
34 705 ILCS 105/27.2a from Ch. 25, par. 27.2a
-1062- LRB9111045EGfg
1 705 ILCS 405/5-130
2 705 ILCS 405/5-615
3 720 ILCS 5/9-3 from Ch. 38, par. 9-3
4 720 ILCS 5/11-14 from Ch. 38, par. 11-14
5 720 ILCS 5/11-15 from Ch. 38, par. 11-15
6 720 ILCS 5/11-18 from Ch. 38, par. 11-18
7 720 ILCS 5/11-19 from Ch. 38, par. 11-19
8 720 ILCS 5/11-20.1 from Ch. 38, par. 11-20.1
9 720 ILCS 5/12-3.2 from Ch. 38, par. 12-3.2
10 720 ILCS 5/12-4 from Ch. 38, par. 12-4
11 720 ILCS 5/12-9 from Ch. 38, par. 12-9
12 720 ILCS 5/12-14.1
13 720 ILCS 5/16-1 from Ch. 38, par. 16-1
14 720 ILCS 5/17-2 from Ch. 38, par. 17-2
15 720 ILCS 5/17-23
16 720 ILCS 5/17-24
17 720 ILCS 5/Art. 20.5 heading
18 720 ILCS 5/24-1.2 from Ch. 38, par. 24-1.2
19 720 ILCS 5/24-3 from Ch. 38, par. 24-3
20 720 ILCS 5/26-1 from Ch. 38, par. 26-1
21 720 ILCS 5/33C-5 from Ch. 38, par. 33C-5
22 720 ILCS 5/33E-2 from Ch. 38, par. 33E-2
23 720 ILCS 570/401 from Ch. 56 1/2, par. 1401
24 720 ILCS 570/407 from Ch. 56 1/2, par. 1407
25 725 ILCS 5/110-7 from Ch. 38, par. 110-7
26 725 ILCS 5/110-10 from Ch. 38, par. 110-10
27 730 ILCS 5/5-5-3 from Ch. 38, par. 1005-5-3
28 730 ILCS 5/5-5-3.2 from Ch. 38, par. 1005-5-3.2
29 730 ILCS 5/5-5-6 from Ch. 38, par. 1005-5-6
30 730 ILCS 5/5-8-1 from Ch. 38, par. 1005-8-1
31 730 ILCS 5/5-8-4 from Ch. 38, par. 1005-8-4
32 730 ILCS 150/6 from Ch. 38, par. 226
33 730 ILCS 150/10 from Ch. 38, par. 230
34 730 ILCS 152/120
-1063- LRB9111045EGfg
1 735 ILCS 5/7-103 from Ch. 110, par. 7-103
2 735 ILCS 5/7-103.48
3 735 ILCS 5/7-103.68
4 735 ILCS 5/7-103.71 new
5 735 ILCS 5/7-103.72 new
6 735 ILCS 5/7-103.73 new
7 735 ILCS 5/7-103.74 new
8 735 ILCS 5/7-103.75 new
9 735 ILCS 5/7-103.76 new
10 735 ILCS 5/7-103.77 new
11 735 ILCS 5/7-103.78 new
12 735 ILCS 5/7-103.79 new
13 735 ILCS 5/7-103.80 new
14 735 ILCS 5/7-103.81 new
15 735 ILCS 5/7-103.82 new
16 735 ILCS 5/7-103.83 new
17 735 ILCS 5/7-103.84 new
18 735 ILCS 5/7-103.85 new
19 735 ILCS 5/7-103.86 new
20 735 ILCS 5/7-103.87 new
21 735 ILCS 5/7-103.88 new
22 735 ILCS 5/7-103.89 new
23 735 ILCS 5/7-103.90 new
24 735 ILCS 5/7-103.91 new
25 735 ILCS 5/7-103.92 new
26 735 ILCS 5/7-103.93 new
27 735 ILCS 5/7-103.94 new
28 735 ILCS 5/7-103.95 new
29 735 ILCS 5/7-103.96 new
30 740 ILCS 45/2 from Ch. 70, par. 72
31 750 ILCS 5/505 from Ch. 40, par. 505
32 750 ILCS 5/705 from Ch. 40, par. 705
33 750 ILCS 5/709 from Ch. 40, par. 709
34 750 ILCS 5/713 from Ch. 40, par. 713
-1064- LRB9111045EGfg
1 750 ILCS 16/23 new
2 750 ILCS 16/60
3 750 ILCS 45/6 from Ch. 40, par. 2506
4 750 ILCS 45/15 from Ch. 40, par. 2515
5 750 ILCS 45/21 from Ch. 40, par. 2521
6 750 ILCS 50/1 from Ch. 40, par. 1501
7 750 ILCS 50/6 from Ch. 40, par. 1508
8 765 ILCS 1025/2 from Ch. 141, par. 102
9 805 ILCS 5/14.05 from Ch. 32, par. 14.05
10 815 ILCS 307/10-115
11 815 ILCS 390/4 from Ch. 21, par. 204
12 815 ILCS 505/2Z from Ch. 121 1/2, par. 262Z
13 815 ILCS 710/4 from Ch. 121 1/2, par. 754
14 820 ILCS 130/2 from Ch. 48, par. 39s-2